The AJC reports this morning that the Georgia Supreme Court has voted 4-3 against the 2008 Act that authorized state commissioned charter schools.

The high court decided that the charter schools did not fit the definition of “special schools” as envisioned in the state Constitution. The landmark case is the first to rule on the constitutionality of an alternate authorizer of charter schools that has already opened campuses that are educating students.

Though all articles on the subject this morning list seven counties – including DeKalb – as plaintiffs, you may recall that Decatur tried to add its name to that list back in 2009, but was refused since it could not demonstrate any injury.  (a.k.a., no one had created a state-commissioned charter school inside the Decatur city limits)  Decatur instead drafted a resolution supporting the counties’ lawsuit.

The fate of the 17 schools already approved by the state commission remains unclear at this point.  According to the AJC, the state commission could ask the Supreme Court for a rare “reconsideration” or the individual schools could apply for status as a “special school”, but that would mean they wouldn’t receive a local share of funding.  Patch’s write-up on the topic indicates that Avondale’s Museum School is currently in the process of pursuing these options.