What happened to the statue of Confederate Gen. Robert E. Lee that was in front of Lee High?

Superintendent Ann Roy Moore said the statue of Confederate Gen. Robert E. Lee that was removed from in front its namesake high school in Montgomery was never returned because it was so damaged that they received an opinion from the Alabama Attorney General's office that it did not have to be replaced at the May board meeting.

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In 2020, protesters toppled the statue during a night of protests across Montgomery in reaction to the George Floyd killing in Minnesota.

After the statue was removed from its pedestal, it was taken from the scene, but later recovered.

Normally, fines would have to be paid for its removal under the Alabama Memorial Preservation Act. The school district received a determination from Attorney General Steve Marshall that the statue was so damaged that they could give the statue to a third-party without violating the act.

Lee Monument Letter by Montgomery Advertiser on Scribd

The letter states the statue would cost $80,000 to replace or $30,000 to repair based on an appraisal. Marshall writes that the city and the school board disagree about who owns the statue, but both groups are willing to release ownership of the statue to an interested third-party.

MPS spokesperson Jade Jones said that the Sons of Confederate Veterans now have the statue.

"The Sons of the Confederacy reached out to MPS, and they asked if they could have the statue as it is," said Jones.

The Alabama chapter of the Sons of Confederate Veterans did not return a response to a request for an interview.

The statue was given to the city of Montgomery in 1908 and relocated to the school in 1960, where it remained until Jun. 1, 2020. The MCBOE controls the public property where the statue is located but argues that the city owns the statue, according to the letter.

Marshall writes that MPS did not violate the act as the damage was done by "independent criminal acts of third-parties," and the removal was because it was too damaged to be put back up on the pedestal.

From the archives: Damaged statue of Confederate Robert E. Lee placed in storage after removal from school grounds

One provision of the act states that statues can be removed for emergency repairs but Marshall writes that this "emergency repair provision" would not apply as the extensive damage came from no fault of the Montgomery Board of Education.

The statue has a history of vandalism, and the school has spent thousands of dollars over the years repairing the statue, according to "Echoes of Robert E. Lee High School," a book written in part by former MPS Superintendent Clinton Carter.

"Recent estimates to replicate and replace the statue range from $45,00 in copper and bronze to $25,000 in aluminum," the 2015 book states.

Krista Johnson contributed reporting.

Jemma Stephenson is the children and education reporter for the Montgomery Advertiser. She can be reached at jstephenson@gannett.com or 334-261-1569.

This article originally appeared on Montgomery Advertiser: Steve Marshall says the MCBOE did not break Act with Lee statue removal