Texarkana, TX 87° View Live Radar Wed H 77° L 59° Thu H 75° L 59° Fri H 80° L 64° Weather Sponsored By:

Judge to let state defend transfer rule

Judge to let state defend transfer rule

July 11th, 2018 by Arkansas Democrat-Gazette in Arkansas News

A federal judge on Monday granted a request by the state to intervene in a Junction City School District desegregation lawsuit, enabling the state to defend its directive that the district participate in Arkansas School Choice Act interdistrict student transfers.

U.S. District Judge Susan O. Hickey granted the Arkansas Department of Education and Arkansas Board of Education's motion to intervene in the United States of America v. Junction City School District.

Hickey's order Monday follows on the heels of two orders she issued July 2 that allow the state to similarly intervene in federal desegregation cases involving the Hope and the Lafayette County school districts. Again, she granted the motion to enable the state agents to defend directives that the districts participate in Arkansas School Choice Act student transfers.

Hickey gave the state until July 20 to submit its written arguments in support of the interdistrict transfers in Junction City.

The state has until July 16 to file its arguments in the Hope and Lafayette County cases.

State Education Department staff earlier this year denied or partially denied requests from four districts—Junction City, Hope, Lafayette County and Camden Fairview—to be exempted from participating in interdistrict student transfers, saying that the language in the districts' federal court desegregation orders or court-approved desegregation plans did not prohibit those transfers.

The Camden Fairview district's request for an exemption was partially approved and partially denied by the state. The Education Department had agreed that student transfers to Harmony Grove School District in Ouachita County were prohibited by the federal court decrees—but student transfers from Camden Fairview to other systems were allowable.

Leaders in the four districts appealed the state agency decisions to the Arkansas Board of Education. They argued to the education board that allowing students to cross district lines to attend schools in districts in which they don't reside will result in "white flight" out of their districts and put their school systems in conflict with federal court-ordered school desegregation obligations.

The Board of Education upheld the Department of Education decisions denying the requests for exemptions from the transfers.

The four districts followed up by filing motions in their federal desegregation cases asking that Hickey declare that the School Choice Act program is either in conflict with the desegregation obligations of the school systems or that the desegregation orders be altered to reflect the School Choice Act provisions.

The state did not have to ask to intervene in the Camden Fairview case because it is already a party in it.

Getting Started/Comments Policy

Getting started

  1. 1. If you frequently comment on news websites then you may already have a Disqus account. If so, click the "Login" button at the top right of the comment widget and choose whether you'd rather log in with Facebook, Twitter, Google, or a Disqus account.
  2. 2. If you've forgotten your password, Disqus will email you a link that will allow you to create a new one. Easy!
  3. 3. If you're not a member yet, Disqus will go ahead and register you. It's seamless and takes about 10 seconds.
  4. 4. To register, either go through the login process or just click in the box that says "join the discussion," type your comment, and either choose a social media platform to log you in or create a Disqus account with your email address.
  5. 5. If you use Twitter, Facebook or Google to log in, you will need to stay logged into that platform in order to comment. If you create a Disqus account instead, you'll need to remember your Disqus password. Either way, you can change your display name if you'd rather not show off your real name.
  6. 6. Don't be a huge jerk or do anything illegal, and you'll be fine.

Texarkana Gazette Comments Policy

The Texarkana Gazette web sites include interactive areas in which users can express opinions and share ideas and information. We cannot and do not monitor all of the material submitted to the website. Additionally, we do not control, and are not responsible for, content submitted by users. By using the web sites, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Gazette web sites and any content on the Gazette web sites, including, but not limited to, whether you should rely on such content. Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the Gazette, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any content at any time, for the reasons set forth above, for any other reason, or for no reason. If you believe that any content on any of the Gazette web sites infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) at the following address:

Copyright Agent
The Texarkana Gazette
15 Pine Street
Texarkana, TX 75501
Phone: 903-794-3311
Email: webeditor@texarkanagazette.com