NEWS

Diane Douglas appeal on Education Department lawsuit hits snag

Cathryn Creno
The Republic | azcentral.com
Arizona Superintendent Diane Douglas

Arizona schools chief Diane Douglas’s effort to control the staff of the Arizona State Board of Education hit a snag on Tuesday, when the Arizona Court of Appeals declined to immediately hear her arguments as a special action.

Douglas’s attorney Steven Tully said the appeals court ruling simply means it will take longer for Douglas to challenge a Maricopa County Superior Court ruling in July that the Arizona Superintendent of Public Instruction does not have the power to hire and fire board staff.

Douglas had sued the board in May after trying unsuccessfully to fire two board staff members. She said in the suit that Arizona law gives her power over the board, which she views as an extension of the Arizona Department of Education.

Department of Education records show that since March, Tully has billed $28,000 for his services. That does not count the amount being spent on the appeal.

The education board has spent $21,740 to defend itself in the lawsuit. In addition, board staff spent $9,987 in state funds for outside legal counsel on their job situations.

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Tully’s petition, submitted Friday, asked the appeals court to vacate Superior Court Judge Patricia Starr’s ruling. Starr had dismissed the May lawsuit and wrote that “the power to fire board employees lies with the board ... while the superintendent has control over the Department of Education, she does not have control over the board.”

Tully said he expected to either object to the appeals court decision or file a more traditional appeal in the next few weeks.

Mary O’Grady, attorney for the board, called Douglas’ decision to appeal “disappointing, but not surprising.”