Contrary to his assertions, our concern does not merely rest on the well-reasoned dissent of Justice David Nahmias who warned of the state’s future inability to consider charter application appeals as a result of the 2011 Gwinnett School Board v. Cox decision. It is the result of the explicit finding in the majority decision in that case which stated:
“[The Georgia Constitution] sets forth the sole delegation of authority in our constitution regarding the establishment and maintenance of general primary and secondary public schools. No other constitutional provision authorizes any other governmental entity to compete with or duplicate the efforts of local boards of education in establishing and maintaining general K-12 schools.”
While local school boards should have primary responsibility over our schools, no governmental entity should ever have exclusive monopolistic unfettered authority over any action — and especially not in the area of our children’s education. There must always be a check and balance. The proposed Charter School Amendment merely restores an appeal process and insures all Georgia parents and students that they will be treated fairly in applying for the establishment of a charter school.