LITTLE ROCK — An attorney representing a former state senator and current state agency director who sought to have his daughter placed on the Little Rock Central High School cheerleading squad has filed a "notice of appeal" with the 8th U.S. Circuit Court of Appeals at St. Louis.
John Walker, the attorney, will file a motion outlining his case at a later date.
U.S. District Judge James M. Moody dismissed the lawsuit Aug. 23.
William L. "Bill" Walker Jr. and his wife, Sharon, no relation to their attorney, sued Central High Principal Nancy Rousseau, the Little Rock School District and School Board in August 2006, when their teenage daughter, Alyson, failed to make the cheerleading squad in her sophomore year.
Bill Walker, a former state senator and Little Rock mayoral candidate, is director of the Arkansas Department of Workforce Education.
In their suit, the Walkers claimed their daughter, who was diagnosed with attention-deficit hyperactivity disorder, was not provided with legally mandated educational and behavioral support, which they said contributed to her losing a spot on the cheerleading squad.
She was referred to as "Wonder Doe" in the suit.
They also said that cheerleading sponsors had conspired against their daughter before the tryouts.
The Walkers cited the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act of 1973 and the due-process and equal-protection clauses of the U.S. Constitution in their suit against the school officials.
They claimed the school failed to adhere to their daughter's "504 accommodation plan" by not taking her learning disability into account during cheerleading tryouts.
Moody found that the Walkers didn't provide evidence to support their allegations. He also said the Walkers failed to "exhaust their administrative remedies" by not requesting a due-process hearing before filing suit.
Arkansas, Pages 13 on 10/24/2007