The district last week said it wished to withdraw, but that former board chairman Eugene Walker intends to continue the challenge.
The lawsuit challenges the constitutionality of a law that allowed the governor to suspend six members of the nine-member school board after an accreditation agency put the district on probation.
The board made up of six new members appointed by the governor and three old members voted last month to withdraw from the lawsuit. Walker said then that he would use his own money to continue his challenge.
The judge also granted a request to withdraw from the lawyers who represented the district and Walker.