Law firm: BOE violated law with Little Milligan closure

CARTER COUNTY, Tenn. (WJHL) — A Nashville-based law firm retained in relation to the Carter County Board of Education’s decision to close Little Milligan Elementary School claims that decision violated public meeting law and could be challenged in court.

The school board voted 6-1-1 on April 25 to close the school , citing budget concerns for the next school year.

Daniel Horwitz of Horwitz Law PLLC, retained on behalf of Katie Shoun, wrote that board members not only excluded mention of the potential school decision from the meeting’s published agenda, but that board members had already made up their minds, collectively, before the public meeting.

Horwitz wrote the closure should be rendered void since the decision was “considered and predetermined, unlawfully, during a pre-vote retreat roughly two days before the School Board voted formally.”

During the April 25 meeting, a school board member asked the board’s attorney, Scott Bennett, if voting to close the school that night was legal. Bennett answered on April 25 that yes, it was legal.

Horwitz’s Wednesday letter to Bennett argues that failing to provide adequate public notice did violate the law.

“As one School Board member acknowledged during the meeting, the School Board did not give the public adequate notice of its intent to vote to close Little Milligan Elementary School, and the School Board’s consideration of that matter did not comply with the Tennessee Open Meetings Act (‘TOMA’),” Horwitz wrote.

Horwitz wrote that he hoped litigation in the matter could be avoided and that the letter’s purpose “is to ensure your clients’ compliance with a litigation hold regarding this matter.”

Additionally, Horwitz wrote he had learned some school board members regretted the “unlawful manner” in which the vote was carried out.

According to Horwitz, the notice sent out ahead of the BOE’s meeting did not properly describe the meeting’s purpose or the action that could potentially be taken. The letter claims there was no mention of Little Milligan in the notice, which is an unlawful failure to alert the public as to what will be deliberated.

Horwitz wrote that not only were members of the public deprived of their right to know what the subject of the meeting would be, but they were also “misled” since the provided notice stated the board would “Discuss and Vote on the FY 25 Budget.” He claims that the wording gave the indication that a budget had already been prepared and would be voted upon.

“There is no indication in the School Board’s Notice that individual budgetary items—certainly, nothing as important as shutting down an entire school—were subject to modification and would be considered at the School Board’s meeting,” Horwitz wrote.

Separate from his claims of inadequate notice, Horwitz stated there was another issue with the school board’s vote to close Little Milligan: it was decided upon before the formal vote.

The letter concluded with Horwitz reiterating his desire to avoid legal action, especially in light of the reported regrets of some board members.

“Accordingly, I hope and expect that the School Board will remedy its TOMA violation voluntarily without the need for litigation and judicial intervention.”

Horwitz asked that the school board hold and maintain all documents and correspondence related to the Little Milligan matter.

Parents and community members previously expressed their own displeasure at the decision and told News Channel 11 they felt blindsided by it. The Tennessee Coalition for Open Government also voiced its disapproval of the move when speaking with News Channel 11 after the April 25 meeting.

The Carter County Board of Education is meeting Thursday night, and Little Milligan’s principal, vice principal and other community members are expected to speak.

For the latest news, weather, sports, and streaming video, head to WJHL | Tri-Cities News & Weather.