NASHVILLE (AP) — A judge in Nashville has ruled that the Tennessee Virtual Academy can remain open.

The Knoxville News Sentinel reports Union County director of schools Jimmy Carter said the Davidson County ruling means a decision to close the school can't be made until after the next school year.

Department of Education spokeswoman Ashley Ball said the department had no comment Friday afternoon.

Families of three children who attend the struggling online school sued earlier this year asking for it to remain open.

The families say their children have special needs and are doing well in the school, where kids learn on the Internet.

The Union County school system contracted with K12 Inc. in 2011 to create the academy for students in kindergarten through eighth grade across the state.