Douglas - Arizona Board of Education fight goes to court

• Schools chief Diane Douglas has asked a judge to determine who controls the state board of education staff
• Douglas and the board have been in conflict since February, when she tried to fire the board director
• A Maricopa Superior Court hearing has been set for June 26

Arizona Superintendent of Public Instruction Diane Douglas went to court Thursday to ask a judge to determine who controls the staff of the state education board.

Attorney Stephen Tully, who represents Douglas, told Maricopa County Superior Court Judge Patricia Starr that Arizona State Board of Education staff acted illegally earlier this month when they moved out of the Education Department building into the Governor's tower a few blocks away.

Douglas has sent letters to board staffers telling them to return to work in the Education Department building or risk being fired.

PREVIOUSLY:Education board orders Douglas to open office back up

"The law is clear," Tully told the judge. "The board has taken action to take power away from the superintendent. The Department of Education needs closure on this."

But attorney Colin Campbell, who represents Education Board President Greg Miller and Executive Director Christine Thompson, told Starr he will move to dismiss Douglas' suit.

"The conflict is a political battle" that does not belong in court, he said. "The conflict is over who controls education policy."

Campbell said he expects to file the motion to dismiss in early June. Starr set a hearing on the matter for June 26.

A spokesman for Gov. Doug Ducey, who got involved at the start of the conflict in February when Douglas tried unsuccessfully to fire Thompson and her assistant, declined comment before Thursday's hearing.

"We don't have anything to add at this time," Daniel Scarpinato said.

After Ducey deemed the firings illegal, Douglas criticized the governor for interfering. She said she hoped for legislation to clarify the issue, but nothing was passed last session. Douglas filed suit last Friday.

Historically, staff members have worked for the 11-member board, which is a constitutional office that oversees school policy and operates separately from the superintendent of public instruction. Douglas is one of the 11 board members; the other 10 are appointed by the governor.

At the hearing, Campbell said board staff members have "done everything they could" to improve the relationship with Douglas and her staff but efforts have not been successful. He said they moved out of a "hostile work environment."

Thompson said at an Education Board meeting on Monday that since the move, her staff has been denied access to information about complaints against certified teachers that they are charged with investigating.

Douglas was the lone board member to vote against a motion that read "the board directs the superintendent to provide the state board's Investigative Unit access to all documents necessary to do their jobs, including virtual access to the directors and files on the ADE''s network that the Investigative Unit requires to fulfill their duties." The action should be taken by Tuesday, the motion stated.

Tully said at the hearing that board staff would have access to the files and information they need if they were to return to their desks in the Education building.