Later today, Wake County Superior Court Judge Abraham Penn Jones will decide the fate of the North Carolina Virtual Academy.

(For background on the issue, read this.)

As we stand, an administrative law judge granted a charter to the online charter school after the State Board of Education (SBE) acted in a way that was”arbitrary, capricious, and without valid basis in law, rule, policy, process, or fact.”

Despite the fact that the SBE did not (and will not) provide a fair and impartial review of the charter application, I believe that Judge Jones will send it back to the SBE.  Afterward, the SBE will deny the charter (even if the charter advisory council approves it) and call for “additional study” of the issue.

Expect the “study” to take a long time.  After all, the SBE wants to protect its online education monopoly – the North Carolina Virtual High School – for as long as possible.