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Voters Sue Gov. Deal Over 'Misleading' Charter School Ballot Language

The lawsuit alleges that the preamble and the question on the Nov. 6 ballot is biased towards approval of the measure.

 

A public school teacher and Atlanta minister have filed a lawsuit in Fulton Superior Court against members of the Georgia government over the language of the Nov. 6 ballot as it pertains to charter schools.

The lawsuit, filed by Dalton teacher Beverly Hedges and Rev. Timothy McDonald, senior pastor at First Iconium Baptist Church in Atlanta, names Gov. Nathan Deal, Lt. Gov. Casey Cagle and Secretary of State Brian Kemp as co-defendants. The complaint alleges that Gov. Deal used language in the preamble to the ballot question and the ballot question itself that is misleading and that was not passed by the General Assembly.

This is how the ballot language currently appears:

Provides for improving student achievement and parental involvement through more public school options.

Shall the Constitution of Georgia be amended to allow state and local approval of public charter schools upon the request of local communities?

Do you think the ballot language for Amendment 1 is biased? Vote in the poll and tell us in the comments!

“Gov. Deal knows that the truth about what Amendment 1 [the charter school amendment] will do is not popular with Georgia voters, so he wrote a trick question and placed it on Georgia ballots,” said Bryan Long, executive director of Better Georgia said in a press release.

“The question voters will see sounds like a miracle solution for fixing Georgia’s troubled school system. It’s not. It’s an open invitation for out-of-state charter school corporations to profit from Georgia tax dollars. It will create a new, costly and unelected state commission with the power to use tax dollars to pick which companies will profit off our students.”

The press release goes on to say that polling has discovered that the current ballot language would shift the vote on Amendment 1 by as much as ten percent.

The lawsuit seeks an injunction on the vote for the amendment, pending rewriting of the ballot language.

Bert Brantley, a spokesman for Families for Better Public Schools, has responded to the lawsuit filed against the governor.

"The anti-charter side cannot even get the ballot language correct when they are complaining about it. The question asks voters if they support “local or state” approval, not “local and state” approval as their press release indicates, and that one word makes a big difference," he said.

"This is another attempt by the anti-charter opposition to make this election about everything but the issue at hand. Voters in Cherokee County know all too well the difficulty charter schools can have at being approved by the school district."

To read the full text of the lawsuit, see the attached PDF.

  • Is the ballot language for the charter school amendment misleading?

    (Voting has been closed for this question)
    • Yes
        42 (76%)
    • No
        13 (23%)
    Total votes: 55
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: Charter School Amendment, gov. nathan deal, and participate 2012

John Allen Ray jr.

4:47 pm on Monday, October 29, 2012

It probably is misleading if you were educated in a public school. This issue has been around for many years and if a person is mislead by the ballot wording, they must not be aware of what has been going on for this time period.

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J Bart

12:06 am on Tuesday, October 30, 2012

The amendment implies that no process is in place to approve charter schools and that the amendment will resolve that problem. An effective process is already in place to approve charter schools. This amendment and its accompanying legislation HB 797 are about CONTROL of BILLIONS of our tax dollars. Special interest management groups (from out-ofstate and even from foreign countries) are lining up for a piece of the action and are providing bribes in the way of campaign contributions to our politicians. There is no cap on the number of charter schools that can be approved annually, no requirement for parent involvement in the new board, no requirement that schools go to the most needy and deserving communities. How much will these cost per year? Where will they be located? Will taxes be increased to cover these unlimited charter schools? There are too many unknowns. Our GA Constitution should NEVER be amended or changed unless it is absolutely necessary, which is NOT the case. Vote NO!

Monty Brewster

6:32 pm on Monday, October 29, 2012

"Local or State"- does that mean we get to circle one? If not, it does mean "and". Brantley is about as slimy as Chip Rogers' snot.

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Elizabeth Hooper

12:06 am on Tuesday, October 30, 2012

Misleading to the max! It should have said,"shall the Constitution of the State of Georgia be amended to give the General Assembly the power to provide for the establishment of education policies to establish state charter schools." The State BOE and the local school boards ALREADY have the constitutional authority to establish charter schools. The General Assembly wants more power - and they could have said - "by the way - if you vote for this deceptive amendment you will get a really rotten piece of legislation - HB 797 - which removes your elected voice from any decision regarding the establishment and operation of these state charter schools." So much for "by and for the people." Vote No and tell all your friends.

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Steely Dan

12:06 am on Tuesday, October 30, 2012

Out-of-state corporations are profiting everyday from our educational tax $$, as is every overpaid, corrupt superintendent and useless BOE. Every day, our tax $$ are being handed to out-of-state, for-profit corporations that provide gasoline to buses, food to students, books, school supplies, and computers. The NO crowd is clearly just angry that some $$ might not be going into the pockets of the many useless, overpaid for-profit admins & superintendents that they all worship.

Make no mistake about it: The NO crowd has ZERO interest in educational reform nor improvement. It's only about shoveling as many of our tax $$$ into their pockets as possible. If the NO crowd had any interest in fixing our embarrassing educational system, they'd have done so long ago.

Vote YES to give all parents an alternative to these old-school losers.

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Steely Dan

5:59 pm on Wednesday, October 31, 2012

^^ That's about as intelligent a response as you'll get from the idea-less "NO" crowd.

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Was undecided, now I am not

4:00 pm on Thursday, November 1, 2012

Amen! You nailed it. You helped me decided I voted "yes"

Tim Johnson

12:06 am on Tuesday, October 30, 2012

Is the language biased?
Is a hurricane wet and windy?
The language is certainly misleading. They believe voters will be fooled by the "help children achieve" language and that pray that voters won't read the actual amendment and enabling legislation, creating a politically appointed state commission to take over decisions that had been made by the local Board of Education and appeal-able to the Georgia Department of Ed.
Follow the money.

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Nancy Bristol

10:38 am on Tuesday, October 30, 2012

The "preamble" to this question is biased and misleading. All ballot questions should be worded without judgmental statements!!!! The peamble on this question, makes a judgmental statement attempting to lead the voter to the conclusion the author desires? Trickery should never be part of a ballot and I point a "shame-on-you" finger at those responsible. Hopefully voters will read the entire ballot before casting their vote on this one.

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Roy Bryant

10:38 am on Tuesday, October 30, 2012

Of course the language is misleading. It all boils down to big government trying to get bigger and donations for the political cronies supporting this joke of a law. The for profit folks are loving it. Of course the cofers of the political folks who are supporting this amendent are continuing to grow. If you don't believe this will take badly needed funds for local schools I have some oceanfront property in Arizona that I'm sure you would be interested in. This ballot hoax will FAIL. Despite the big wheels support.

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KELLI

10:38 am on Tuesday, October 30, 2012

This (imo) is what happens when you elect too many republicans... They believe in outsourcing and privitizing EVERYTHING... this drives UP costs - does not guarantee improvemnets and in many cases assure the opposite... they want control of tax dollars and as other commenters have pointed out - this leads to political corruption of those tax dollars.... My advice: Do not vote republican to ensure that the Federal government controls important things like schools, etc. The states will only squander the monies if they get control of it... Public schools have work very well for many years... let's just improve on them... and scrap the privitized Charter Schools and their wasting of tax dollars !!!

Fight Truth Decay!

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Steely Dan

2:45 pm on Tuesday, October 30, 2012

Public schools aren't working well in most of the state of GA. They are dismal, corrupt failures in places like APS, Dekalb, Bibb, Clayton, and other counties. You're either naive or uncaring of students trapped in those hellholes that are squandering your tax $$$.

If anything, most public schools should be scrapped, most supers & admins fired immediately. GA's educational system is a national embarrassment filled with criminals and test-altering cheaters. You NO people have no ideas nor interest in improving education so get out of the way for parents who want more than the mediocre standards you have for education.

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Monty Brewster

4:48 pm on Tuesday, October 30, 2012

Steely Dan's message has been brought to you by K12 and Charter Schools USA. They thank you for your millions and millions of tax dollars that go straight to their pockets and will never go to help a child in the classroom.

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Steely Dan

5:59 pm on Wednesday, October 31, 2012

Monty's reply has been brought to you by local board superintendents and the rest of the $7 Billion GA Public education system.

If charters are pocketing millions, supers & teachers are pocketing billions. And giving us APS in return.

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Monty Brewster

10:18 pm on Wednesday, October 31, 2012

Creative. Where'd you get that idea?

Teachers are pocketing billions... that's new.

APS needs charters. So why is CSUSA focused on Cherokee, Coweta, and Forsyth? It isn't about the kids that actually need to be saved.

Frank Jones

1:03 pm on Tuesday, October 30, 2012

Cherokee County "HOST" tax...Part Tre

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Allan Peel

2:45 pm on Tuesday, October 30, 2012

Note that this article has mis-stated the precise wording of the ballot preamble and question. According to the sample ballot that is located on https://mvp.sos.state.ga.us
the CORRECTED wording is shown below (corrections in CAPITALIZED letters):

Preamble: Provides for improving student achievement and parental involvement through more public CHARTER school options.

Question: Shall the Constitution of Georgia be amended to allow state OR local approval of public charter schools upon the request of local communities?

Of particular importance is the use of "OR" in the question (rather than AND as reported above) since it means that the state can approve a charter school request WITHOUT local approval.

That said, the slight discrepancy between the article and the actual wording on the ballot does not change the fact that the preamble is a disgrace for its clear bias in favor of a Yes vote, and the question itself is misleading in that it implies there is no state approval process in place already (i.e. Georgia Dept of Education).

Because of this situation, I predict that this amendment will pass with a clear majority. I only hope the courts will rule in favor of an injunction due to the clear bias of the preamble and misleading nature of the question itself. The responsible parties (i.e. Deal, Cagle, and Kemp) should all be ashamed!

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parent2

4:03 pm on Tuesday, October 30, 2012

Passage of this amendment would leade to an enormous waste of tax dollars and students' years of education!!

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Steely Dan

5:59 pm on Wednesday, October 31, 2012

as opposed the the enormous waste of tax dollars our dismal public educational system already is? Most of the 66% of our HS students that manage to graduate are ill-prepared for college or jobs that require technical skills. Charters cannot possibly due worse than the complete joke that is the current traditional public school system.

But hey - our supers get to drive nice vehicles that we subsidize so everything's great, right? If not, just alter some test scores!!!

Vote YES to Amendment 1 and NO to APS.

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Monty Brewster

10:18 pm on Wednesday, October 31, 2012

The Super's cars don't compare to the CEO's jets.

Monty Brewster

4:48 pm on Tuesday, October 30, 2012

Every state should pass this amendment so we can then also amend our country's name to the "United States of Entitlement".

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Kim Sherman

12:51 am on Wednesday, October 31, 2012

By passing this amendment, you put the education decisions in the hands is an "appointed" board that will get to decide that your school does or doesn't need it. They have no immmediate interest in seeing you improve, they just get to say what they think you need. They can also override any decisions that your local board has already made. The govenment was denied this same attempt in 2008. We DO NOT need addition hands in the decision making of our schools.

To the guy who thinks we have "no clue". I have a clue. I spend many days in my childens schools and I'm an active parent who is educated and has chosen public education because my public schools ROCK!!! Not every student is as fortunate nor do they have parents that work so hard for their child's education and that's ok because I will help to be their educated voice to say "VOTE NO"

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Steely Dan

5:59 pm on Wednesday, October 31, 2012

I'm glad it works for you. It clearly isn't working in the majority of our state. Voting NO isn't OK - it just keeps uneducated children trapped in dismal schools filled with uncaring teachers led by fatcat loser superintendents interested only in padding their pockets. I understand that you probably don't care about these children trapped in hellholes like APS, Dekalb, Clayton, and other dismal, corrupt counties but many of the rest of us do - the more children we can educate, the better off we all will be.

The people running traditional public schools have absolutely no interest in improving education. Their only interest is continuing to waste tax $$ on a clearly-failed school system and liberal ideology.

VOTE YES.

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Monty Brewster

10:18 pm on Wednesday, October 31, 2012

Dan, the best thing I can do to prove my point is to let you keep writing your illogical antics as you try to drag others down into your misery and hate filled world.

John Wayne

12:41 am on Sunday, November 4, 2012

After reading all of the comments on this article, I have to say that Steely Dan seems to have provided the best argument for voting yes. There is no doubt that our schools are broken, we have a duty to help our children get the best education possible. Steely Dan has converted another undecided to vote yes.

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Monty Brewster

12:05 pm on Sunday, November 4, 2012

John, I'm almost to the point where I just want to say "fine. Vote yes on this and see what happens." But I know that when I say "told ya so..." a few years down the road, it will be too late. Our public education system will be completely dismantled and education will be polarized or re-segregated...whatever you want to call it. This amendment is only the first step in setting up a voucher system which will bankrupt our state if the Charter Commission set up by this amendment doesn't do it first. Changing the constitution is no small matter. It isn't your Facebook status. Challenging our legislators to fund the vocational programs that they cut out, save many millions of dollars by less testing and stop austerity cuts to lower class size are better options right now.

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