Judge to make decision in AEA's Montgomery charter school lawsuit Tuesday
MONTGOMERY, AL (WSFA) - A lawsuit filed by the Alabama Education Association against LEAD Academy, Montgomery's first approved charter school, is now at a standstill.
The two sides met in a scheduled hearing Monday. It ended late in the afternoon after hours of attempted mediation failed to produce any results.
AEA filed suit after the Alabama Public Charter School Commission approved the city's first charter school start-up in a 5 to 1 vote on Feb. 12.
AEA claims six affirmative votes were necessary, but Alabama's public charter school law states six members of the commission qualifies as a quorum and a simple majority vote is required for business transactions.
The lawsuit also alleges LEAD Academy's application did not meet the criteria set out in the law authorizing charter schools.
Montgomery Circuit Judge J.R. Gaines has now asked both sides to write orders for him to consider. He plans to make a decision by the end of the day Tuesday.
LEAD Academy secured a facility off of the Eastern Boulevard in early April and has been allowed by a judge to go ahead and secure a location, recruit employees for all staffing positions, advertise, and accept applications from potential students.
However, until a judge hands down a decision, LEAD Academy can't offer employment contracts or enroll students.
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