Malvern parent: Daughter won't go to Malvern, considering another lawsuit

LITTLE ROCK — Malver n parent Dar r in Hardy said despite U.S. Magistrate Barr y Br yant's recommendation to uphold the state's School Choice Act, his daughter "will not go to school in the Malvern School District."

Hardy and about 40 other parents of students filed a motion for preliminary injunction in October to prevent the Malvern School District from forcing their children to return to the district until the lawsuit they filed in U.S. District Court in Hot Springsis resolved.

Malvern Superintendent Brian Golden sent letters to approximately 100 students this year who live in the Malvern School District but who are illegally attending other districts.

The lawsuit by parent s challenges the School Choice Act of 1989, which states students may not transfer out of a district if it would lead to racial segregation. Malvern School District is 35 percent minority compared with the other schools the students are attending - Glen Rose, Ouachita and MagnetCove - which are nearly all white.

In Bryant's recommendation to Federal Judge Robert T. Dawson of Fort Smith, he said the plaintiffs have not met their burden of establishing that the students suffer from the threat of irreparable harm if they return to the Malvern School District.

Before Dawson makes his decision on the case, both parties have 10 days to file an objection.

Andi Davis, the Hot Springs attorney representing the parents, said she willfile an objection to Bryant's recommendation.

"I respect his opinion, but there are a few of his ideas that we disagree with," Davis said. "I hope to file the objection with the federal judge by Monday, then we should hear what he says within a few days."

Hardy, whose fifth-grader attends a private school in Malvern, tried to get a legal transfer. He said he plans to file a lawsuit against the district for ask ing him to prove his American Indian heritage.

"We filled out the schoolchoice forms, and we are probably going to f ile suit against Malvern for asking us to prove we are Native American," Hardy said. "No one else has to prove it; it's racism."

D u r i ng t he Novemb er hearing and in signed affidavits, parents said their children are being forced into the Malvern district, which is on the state's school improvement list for lack of adequate yearly progress on the Benchmark exams. They also said they are being forced totransfer to the Malvern district from other districts that their children have attended for a long period of time.

During the November hearing, Superintendent Brian Golden testified that his district is in school improvement at t wo levels : seventh- and eighth-grade literacy in the African-American subpopulation and in 11th grade literacy for the combined scores. The school is not in school improvement at grade levels kindergarten through sixth grade or 12th grade, he said.

The district loses approximately $ 5,700 per student, which amounts to "hundreds of t hou s a nd s of dol l a r s ,"Golden said. He also said a later interview that it is his "statutory responsibility" to try to regain those students he knows are illegally attending other schools.

He also said the district provides a strong academic cur r iculum, including advanced-placement courses.

Golden said, "We were pleased with [Bryant's] decision. It just reaffirms what we believe - we were doing the right thing. We will await confirmation from Judge Dawson and we will go from there."

Davis said the motion to dismiss the lawsuit presented by the Malvern district will be the next step; if the motion does not pass, the trial will follow. Davis said if there is a trial it will be six to nine months out.

Hardy said the group of parent s w ill meet Monday with Davis to discuss their options and the next steps in the trial process. He said the group will also begin planning other fundraising projects that will be used to pay attorney fees.

Tri-Lakes, Pages 111, 112 on 12/07/2008