JPS failed in its attempt to stop the MDE takeover court yesterday. Hinds County Circuit Judge Bill Gowan ruled against JPS's petition for an injunction yesterday. JPS filed the petition for a temporary restraining order on September 23. The case was assigned to Judge Bill Gowan. JPS argued that it should have been given thirty days to respond to a 700 page audit of the district but was given only eight days to respond by MDE. The petition claims that MDE denied the district's right to due process.
Judge Gowan kicked JPS around on two different points. He said that the statute for taking over a school district was "clearly articulated" in the law. The Commission on Accreditation held a hearing and recommended that the State Board of Education declare an emergency. The Board approved the recommendation and voted to send it to the Governor for final action.
JPS argued its due process was violated because MDE only gave JPS eight days to respond to the audit that was the basis for the takeover even though MDE regulations gave JPS a thirty day window to file a response. However, Judge Gowan said MDE regulations are not statutes and thus are "subject to exceptions in certain necessary situations." MDE complied with the statutes but can change its procedures at will as long as they are not based upon the statutes.
Judge Gowan also ruled any court challenges to a recommendation that the Governor declare an emergency should be filed in chancery court instead of circuit court. Mississippi Code Section 37-151-61 states:
Any school board of any school district which may be aggrieved by any final rule, regulation or order of the State Board of Education adopted under the provisions of this chapter shall ha e the right to appeal therefrom to the chancery court.The court also pointed out that Governor Bryant has not yet made a decision. Thus no alleged injury to JPS is created until he rules an emergency exists in JPS. Judge Gowan said that the law gave the power to declare the emergency to the Governor and that the Court would be overstepping its bounds under the separation of powers doctrine if it held otherwise.
8 comments:
I hope someone makes a FOIA request to see how much JPS has spent on these frivolous cases.Booted out of Chancery Court, only to file in Circuit Court, to be told they have to file in Chancery Court. That's some high value legal advice!
hahahahaha, JPS lawyers need to go back to school it sounds like...
Joann Sheppard, right? Plus she gets a cut from all the JPS bond deals!
The school kids finally won one.
In other, related news, Judge Walker appears to have entered a scheduling order for briefing on Dorsey Carson's (and other JPS Parents) Petition for Temporary Injunction. Plaintiff's brief is due by October 10, the State has until October 17 to file a Response, and Plaintiff's Reply is due the next day on October 18.
The obvious question here is, if this case was so important to Dorsey and the other parents, why isn't their Brief (which they knew had to be filed eventually) ready? Hell, why wasn't it filed soon after serving the defendants? I've never seen a party/parties who were allegedly being so harmed not do everything in their power to get a PI/TRO hearing ASAP.
It's almost like Mr. Carson's motivation has nothing to do with the kids in JPS...
"It's almost like Mr. Carson's motivation has nothing to do with the kids in JPS..."
What a crazy notion. That can't be true! Wait.....
The JPS attorney doesn't get any money off of the bond deals. I look at the fees paid for professional services. Any work she does on them is part of her regular work. Salary is same every year.
"Salary is same every year."
No it's not!. Her salary is increased annually.
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