Author Archives: Marshall Orson, DeKalb Board of Education

Emory Annexation and DeKalb County Schools

Posted on October 16, 2017 | 17 comments

Stan Jester

If Emory is annexed into Atlanta, it isn’t a stretch to see the scenario where the adjoining neighborhoods, including Druid Hills High School and two other elementary schools, would eventually end up annexed as well.
Marshall Orson is the Board of Education representative from District 2 which includes Druid Hills, Briar Vista, Fernbank, and Sagamore Hills. He provides business development services for intellectual property licensing, acquisitions and partnership transactions.
Mr. Orson will be affected if Atlanta’s annexation into DeKalb goes any further. He has been following this issue closely and provides this analysis and update.

Emory Annexation and DeKalb County Schools
By: Marshall Orson – DeKalb Schools Board of Education
As many of you are aware, Emory University and some adjacent entities (e.g. CDC and CHOA) have requested annexation into Atlanta. After initial opposition by the DeKalb County Government, the city and county have reached agreement on selected issues and the county commission voted to support the annexation. What remains as an open issue is what school government (Atlanta or DeKalb) will have jurisdiction in the annexed area.
In previous annexations in this area, the city ordinances were drafted to alter school district boundaries, shifting annexed areas into APS, even when students and families of DeKalb desired a different outcome. However, when the Emory annexation initially was announced, the city proposed to not change the school district boundaries so that the DeKalb County School District (DCSD) would remain the school government in the annexed area. While the number of students and potential tax revenue in this area is small, it is not simply an academic exercise. This approach has been the consensus plan until recently when the APS Supt. raised objections to this proposal. And, while no school buildings are affected by this annexation, there are potential consequences immediately and going forward.
While expressing no opinion on annexation with regard to city services, DCSD believes that annexations that force school district changes are not consistent with the notion of self-determination in light of how school districts are established in Georgia nor, more importantly, in the best interests of students and families who are impacted. To force such a choice in annexations (i.e. all or nothing) means that citizens either potentially are cut off from what they may perceive as advantages from city services or forced to abandon their current school district which may, in fact, have been a significant factor in where they chose to live. The APS Supt. invokes 145 years of alignment between the city and APS as a rationale for her position but ignores the over 100 years of alignment between the Druid Hills community and DCSD and its predecessors. Emory is such a part of the community that Druid Hills High School sits adjacent to the campus and Fernbank Elementary’ s predecessor school was founded on the Emory campus. The APS approach dismisses out of hand the choices made by these families as well as the value of the long-standing and intertwined relationship between the community and its schools.
One other objection raised to not changing the school district boundaries alleges the outcome would result in “hybrid Atlantans” because some residents would attend APS schools and others would attend DCSD schools. However, many students in the city of Atlanta already do not attend APS schools. Further, Atlantans already have different profiles depending on whether they reside in Fulton or DeKalb—different county commissions and commissioners, different tax commissioners and net tax rates, different court systems, different sheriffs and jails, and so forth. A difference in school governments would be just that—something different. Citizens of Atlanta have coexisted just fine in spite of the differences that already exist.
We believe that the school issue should be separate and apart from any decisions on annexations for municipal services. Ultimately, the Georgia Legislature needs to find a workable and fair mechanism to accomplish this outcome. In the interim, with regard to the Emory annexation, we believe the Atlanta city council should maintain the current school district boundaries—allowing the petitioners to secure what they seek (city services and potentially access to transportation funding) and leaving the school district boundaries intact until a rational and just solution can be crafted. If you agree, I encourage you to reach out to Mayor Reed and the Atlanta city council as soon as possible. Their contact information is attached to this posting.

Carstarphen And APS Desire To Expand Into DeKalb
August 31, 2017 – Atlanta Public Schools (APS) Superintendent Carstarphen signals that she plans on APS annexing DeKalb Schools as the City of Atlanta increases its borders into DeKalb.

Emory Annexation Dominos
September 7, 2016 – If Emory is annexed into Atlanta, it isn’t a stretch to see the scenario where the adjoining neighborhoods, including Druid Hills High School and two other elementary schools, would eventually end up annexed as well.

Marshall Orson On Annexation and the Druid Hills Cluster
January 9, 2015 – Marshall Orson, DeKalb Schools Board Member, talks about the Druid Hills Cluster and annexation saying, “Perhaps it would have been better to just say nothing but I think an informed public is critical to any decisions that may be made. So, here goes:”

.

Annexation – What happens to the Property
December 16, 2014 – QUESTION: What happens to county school district property when a city annexes an area in that county?

.

Druid Hills Annexation Into APS
December 15, 2014 – Denied the Druid Hills Cluster, a subset of the cluster known as Together in Atlanta (TIA) has put together a petition to be annexed into Atlanta with the purpose of “more responsive and locally-controlled schools, zoning, and other governmental services.”

17 Comments

Posted in Annexation, DeKalb County School District

Marshall Orson On Annexation and the Druid Hills Cluster

Posted on January 9, 2015 | 4 comments

In the wake of the Druid Hills Cluster vote denying them their charter cluster, a subset of the cluster known as Together in Atlanta (TIA) has put together a petition to annex Druid Hills into Atlanta with the purpose of “more responsive and locally-controlled schools, zoning, and other governmental services.”
Marshall Orson is the District 2 Representative on the DeKalb County Board of Education. While living in the proposed annexed Druid Hills area, Mr. Orson has remained, in his own words, “matter of fact” about his views and released this statement about annexation and the Druid Hills Cluster.
By Marshall Orson, DeKalb County Board of Education
Back in November I promised to write a series of posts on annexation and city-hood but things have moved so rapidly, and some issues have become so contentious, that I thought it best to wait. However, I realize that things I have said in public and private may be given their own meaning unless I put them in context. Some have defined my observations as advocacy. Others ascribe a more sinister view to such observations. Perhaps it would have been better to just say nothing but I think an informed public is critical to any decisions that may be made. So, here goes:
1. I favor an outcome that keeps the Druid Hills Cluster intact. If annexation is not approved, that will occur on its own. We will all lose if we lose the Druid Hills Cluster as we know it. However, I worry that the tone and temperament of comments made now pose the very real risk of leaving the DH community divided even if annexation does not occur. We are entering a chaotic period with great uncertainty and growing levels of anxiety and we should all strive to minimize these potential consequences.
2. I have shared in various quarters that, if an annexation were to occur, organizing along school attendance zones makes sense and that there Is a logic behind utilizing elementary attendance zones since they are aligned with neighborhoods. When in conversations with those who favor or are involved in annexation efforts, I have made the point that the potential success of their efforts are intertwined with how the boundaries are defined. However, I appreciate that one set of logical divisions (i.e. elementary attendance zones) ignores other logical and compelling organizing principles (e.g. the middle and high school attendance zones). Thus, I have come to realize that what was intended to reduce chaos (i.e. identifying pathways to minimize the division of neighborhoods) may in fact be interpreted differently by some.
3. I have made the point that the law appears to provide that the control of school buildings shift when an annexation involves a city that has its own school system. Quite frankly, I was surprised that the case law and other authority appear to provide this outcome. Some have interpreted my statements as advocating such an outcome. I am simply reporting what I know and I welcome other authority that would enable us to re-frame the narrative about the buildings. However, I think, at a certain level, the buildings are a distraction given there are only a few possible outcomes—the buildings do not shift, the buildings shift and payments are made, or the buildings shift for free. None of these outcomes directly address what I believe is the underlying critical issue for our Druid Hills community– how we keep the DH Cluster intact.
4. Annexation is a big if. The Legislature might not approve an annexation plan or it might defer consideration to another session. The Legislature could approve a plan but the voters could reject it. But, if the Legislature and the voters approve such a plan, I believe there is a pathway to keep the Druid Hills Cluster intact. Article IX, Section 3 of the Georgia Constitution provides that governmental entities, including school districts, may contract with each other for a period up to fifty years for the joint provision of services and shared use of facilities. I am not suggesting this would be easy nor is this statement intended as a straw man to dampen opposition to annexation. Rather, I think it is critical that we look for solutions consistent with our stated intentions and goals—in this case to keep the DH Cluster intact, and what I hope is our larger shared goal to ensure that all our children have the opportunity to receive a great education.
I tend to be matter of fact—a big downside of my training as a lawyer! So, I speak in terms of success or failure, what I believe to be factually correct, and what I hope is objective but I now realize may not sound that way to all who hear what I say. These issues are incredibly emotional and personal—those on either “side” (and there may be more than two sides) have compelling arguments for their point of view. We are talking about our children and grandchildren, our communities, and our shared history. I promise to be mindful and respectful of this as we proceed through these issues and challenging times.

Marshall Orson is a graduate of the Duke University School of Law and took office in January 2013.  He has two children who attend public school in the Druid Hills cluster.

4 Comments

Posted in Druid Hills Annexation, Druid Hills Charter Cluster