State, county officials file motion to revive Macon Charter termination process

The Bibb County school board and the state Department of Education have filed a motion in bankruptcy court to jump-start the termination process for Macon Charter Academy.

The motion was filed Friday as a joint effort of both entities and involved state Attorney General Sam Olens and Bibb County attorney Danny Akin.

“Wherefore, the Georgia Department of Education and the Bibb County Board of Education respectfully pray that this court grant relief from the automatic stay and order that the DOE and Bibb County revocations may continue notwithstanding the pending bankruptcy petition,” the filing states.

Macon Charter Academy filed for a Chapter 11 reorganization on May 4 and informed state education officials that an “automatic stay” was in place for the termination proceedings, which were set to begin that day at a meeting of the state school board. The item was pulled from the agenda as a result.

According to the most recent filing, the law related to bankruptcy exempts the termination from such a stay because it is “concerning the licensing of an educational institution.” Further, neither entity has an financial claim against Macon Charter, and the motion also outlines the need for the state board to be able to continue its “regulatory powers” regardless of the school’s bankruptcy status.

“The state board’s proposed regulatory proceedings involve the potential revocation of the charter of a nonperforming charter school, a proceeding which must take place immediately before the next academic year,” according to the motion.

A hearing on the motion for relief has been set for July 13, but the state and county boards have filed for an expedited hearing.

In an initial statement announcing the filing in bankruptcy court, MCA attorney Joel Callins said the school had made “no active plans or preparations” to open for the 2016-17 school year. Since that time, school officials have said the school does plan to be open in the fall.

The school’s publicist, Erin Glynn, said in an email Monday that the state and local board’s efforts are misplaced regarding the bankruptcy and termination.

"The school is under contract to operate until 2019, and will remain open to serve the needs of the community until at least that time, and hopefully, hundreds of years longer,” Glynn wrote. "It is unfortunate that the government is spending taxpayer money on trying to shut down a school, when education is the one investment we know that pays dividends. Perhaps the government lawyers themselves could consider a pay cut if the financial situation is so dire."

The Bibb County school board was set to meet Monday during a called meeting to tentatively approve a budget for the 2016-17 school year and will have its regular meeting on June 16. The state school board will hold its regular meetings on Wednesday and Thursday.

This story was originally published June 6, 2016 at 1:45 PM with the headline "State, county officials file motion to revive Macon Charter termination process."