Michigan AG loses a bid to remove Detroit school board members

Feb 7, 2013

Michigan Attorney General Bill Schuette has been arguing that seven of the eleven school board members on the Detroit school board are holding office illegally and he wants them removed.

He lost a challenge in court early this week.

Chastity Pratt Dawsey reports for the Detroit Free Press that "Wayne Circuit Court Judge John Gillis Jr. denied State Attorney General Bill Schuette’s motion for summary disposition and granted the school board’s motion, effectively allowing the school board to continue to hold office."

In a statement released today, the attorney for the school board, George Washington, called the lawsuit bogus:

George B. Washington, attorney for the Detroit School Board, said “We are glad that this lawsuit has been exposed as the bogus claim that it always was. Attorney General Schuette and Governor Snider [sic] filed this lawsuit to prevent the largely black and Latino citizens of Detroit from having any say over their own schools. The Attorney General should not appeal this decision and he and the Governor should stop trying to destroy elected government in the City of Detroit."

Schuette has argued that the Detroit school board members cannot be elected by district, because state law requires that a school district have 100,000 students or more to elect board members that way.

It's the difference between a "first class" school district, and a "general powers" school district.

He's argued that Detroit hasn’t met that threshold since 2008.

In his decision, Judge Gillis Jr. wrote that the state code does not address what should happen in a district where student enrollment has declined.