Board found to be within its authority to close McKinney school

Published 7:59 am Thursday, September 23, 2021

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The Lincoln County Board of Education has received a court order from Franklin County Circuit Court stating that the LCBOE was within the board’s power and authority to close McKinney Elementary School back in May of 2019.

The order says because no material issues of fact exist, and plaintiffs cannot prevail as a matter of law, the court hereby grants the defendants’ motion for summary judgement.

The lawsuit was filed by plaintiffs Ricky King, Jenn Broadbent, and McKinney School Recovery Inc. last year asking for a declaration of rights on eight (8) counts centered around the closing of McKinney Elementary School.

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The lawsuit also named the Kentucky Department of Education, Kentucky Board of Education, and Dr. Jason E. Glass, Kentucky commissioner of education, as defendants.

Lincoln County Schools Superintendent Michael Rowe said, “The district is pleased the court granted the defendants ‘motion for summary judgement’ regarding the lawsuit filed by Ricky King, Jenn Broadbent, and McKinney School Recovery, Inc.,” Rowe continued, “As with any lawsuit, legal expenses are necessary. It is unfortunate the district spent $10,000 out of its general fund to defend a lawsuit such as this. Luckily our insurance provider paid for expenses above the $10,000 threshold. My biggest fear now is that our insurance premiums may increase due to the cost of defending this lawsuit.”

The order also stated that the decision to close McKinney Elementary School was not arbitrary and capricious as it was in good faith and upon a just and reasonable basis with regard to the public interest and children affected.

For more information please contact the Student Support Center at 606.365.2124.