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(Washington Post) — A D.C. Superior Court judge raised questions Friday about Schools Chancellor Michelle A. Rhee’s justification for laying off 266 teachers in October and refused to dismiss a lawsuit filed by the Washington Teachers’ Union that is challenging the job cuts.

Judge Judith Bartnoff’s ruling came 10 days afterRhee disclosed that District finance officials had discovered a $34 million surplus in the 2010 schools budget. That finding came three months after Rhee had cited a budget shortfall as the reason for the layoffs, which sparked bitter student and teacher protests.

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