Former state schools Superintendent Jorea Marple is still fired and the state Board of Education is still being sued.
The board voted to re-fire Marple on Thursday, an effort that seemed geared to address allegations that its members had illegally fired her two weeks earlier.
The first time around, the board did not give the public notice that it planned to fire Marple. State law requires public boards to give the public advanced notice of what is expected to happen during public meetings.
The question now is whether the board's re-firing of Marple resolved legal questions about its initial action. That decision is in the hands of the state Supreme Court.
The board is expected to respond Friday to a lawsuit filed against it in state Supreme Court by Charleston-based public interest law firm Mountain State Justice. The firm is suing on behalf of the parents of a Boone County fourth grader.
Mountain State Justice attorney Lydia Milnes said her clients have not changed their minds about the board's action.
"What happened today doesn't change their position and they felt it was a perfunctory meeting," Milnes said Thursday.
That word - perfunctory - is a key word.
There are potentially serious problems for boards and board members that violate the state's open meetings law. The Ethics Commission offers a remedy for board members that believe they may have violated the law. But the solution has to be more than just "perfunctory."
"However, this committee finds that a violation of the act can be rectified, if a governing body takes reasonable remedial measures over and above ceremonial and perfunctory ratification of the official action previously taken," a 2005 ethics opinion said.
It is unclear if the board's actions on Thursday were more than ceremonial and perfunctory.
Asked Thursday about the board's legal strategy, board President Wade Linger, the board's lawyer and a Department of Education spokeswoman declined to detail their approach.
The board hired law firm Pullin, Fowler & Flanagan to represent it.