Franklin Circuit Court Judge Phillip J. Shepherd issued his ruling in the case of Josh Cherry, William Bell, Richard Jackson and Larry Dale Shelby vs. the Graves County Board of Education on Wednesday. The court granted summary judgment in favor of the school board, all according to his ruling.
According to Shepherd, the Graves County Board of Education's decision to close Cuba Elementary was within the authority of the local school board. He said the school board acted in good faith and had a sound and reasonable basis for deciding to close the school. "I am certainly not surprised that Judge Shepherd has ruled in favor of the school board," said board attorney David Hargrove. "The board followed all the rules of the Kentucky Department of Education from the beginning of this process and put all of the correct procedures in place."
Shepherd said Cuba Elementary's low enrollment, its significant maintenance needs and the availability of classroom space at neighboring Wingo and Sedalia elementary schools all were reasonable factors in closing the Cuba School. His conclusion was that the board's decision to close the school was not arbitrary, nor did it amount to an abuse of discretion.
"This lawsuit has taken a great deal of time and resources away from our mission of teaching and learning and our efforts to prepare Graves County's children and youth for adult life," said Superintendent Kim Harrison. "This judgment allows us to more fully focus on the reason we're here. It also provides the opportunity to take our great results of our most recent academic assessment and grow from there."
Cherry, Bell, Jackson and Shelby had sued the school board, alleging it mishandled the process of closing the school earlier this year. Cuba Elementary was closed at the end of the school year in May. “I am encouraged by the fact that the judge called our concerns 'legitimate questions as to the procedure employed by the school board,' Bell said in a released statement. “Now the focus is on the upcoming school board election. In speaking with the voters during my campaign, I have found the Cuba issue to be but one of many concerns our community has with the current board. By continuing the injunction issued against the board this summer preventing them from selling Cuba Elementary, the judge is allowing the people of Graves County to voice their opinion on the matter by voting for changes to the board on November 4.”
Bell and Cherry are both candidates for the Graves County School Board in the upcoming election. Bell is running for District 1, and Cherry is running for District 2.
