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Now that the school closure hearings are over, what’s an education activist to do? File a lawsuit about the DCPS budget, that’s what. School advocate Marc Borbely and several other parents, activists, and ANC officials are asking Chancellor Michelle Rhee to release her FY09 budget. They say that Rhee is required to make her budget public at each stage of the review process. The first hearing on the budget is set for Tuesday. So far, there’s no budget to look at…so there should be no hearing yet, they’re arguing.

On Monday, a letter was sent to Rhee on behalf of a large group of students, teachers, PTA members, and the like. “We write because we learned on Friday from your chief of staff that you do not expect to submit your proposed budget to the mayor until the end of February or early March,” it says.

The plaintiffs came before a judge this morning, according to Borbely. The judge has not made a decision yet, and the hearing is going to be continued at D.C. Superior Court at 3 p.m. later today, he says.