LITTLE ROCK — Hot Springs attorney Andi Davis, representing several Malvern parents, said she and her clients will remain focused in their lawsuit against the Malvern School District after a district judge ordered the children of those parents to return to the district.
U.S. District Judge Robert T. Dawson denied the injunction filed by 41 parents asking for their children to remain in the districts they are attending- Magnet Cove, Poyen, Ouachita and Glen Rose - until the lawsuit is settled.
"We somehow expected this outcome but my clients are still disappointed," Davis said. "I wanted to help t he s e k id s out . Rea l ly t h i s ent ire lawsuit is ab out t he k id s . Malvern stated in court that it was ab out t he mon - ey, as far as they were concerned. But to my clients it is about t heir kids getting the best education possible and it is about them being happy."
The district loses approximately $5,700 per student when they attend ot her d i s t r ic t s . Malvern Superintendent Br ian Golden said in an earlier inter view that it is his "statutory responsibility" to try to regain those students he knows are illegally attend ing ot her schools.
Golden hired private investigators and attorneys to help find the students who were attending other schools illegally. A fter finding about 100 students the district sent out letters on Oct. 7 that stated that the children should return immediately to the district or risk being charged with a misdemeanor and subject to a $500 fine.
Malvern parent Darrin Hardy said he is disappointed in the ruling but said "we will keep going and do whatever it takes - we will not quit."
The group of parents sued the Malvern district challenging the constitutionality of the state's School Choice Act of 1989. The act banned school transfers if they would lead to further racial segregation. The Malvern district has nearly 35 percent minority while the otherdistricts the students in question are attending are nearly all white.
Attorneys for the Malvern district filed a motion to dismiss the case because they say the parents have no legal standing to bring such a case. That hearing is scheduled for Monday, Jan. 5, in Hot Springs. The district's attorney, Dan Bufford, could not be reached for comment.
Dav is said she does not think the ruling on the injunction will affect the outcome of the lawsuit.
"I feel confident that the Legislature understands that this statute is unconstitutional and will ultimately change it this spring one way or another," Davis said. "As a parent myself I feel strongly that we (parents) should be able to make an educated decision on where our children will attend school. That is a right I think we should have. It seems grossly unfair to tell my clients that they don't have a choice because of the color of their skin."
The parents said race hasno bearing on their decision to not attend Malvern; it is rather the school's academic troubles.
During the injunction hearing Golden testified that his district is in school improvement at two levels: seventhand eighth-grade literacy in the A frican-A merican sub - population and in 11th-grade liter ac y for t he combined scores. The school is not in school improvement at grade levels kindergarten through sixth grade or 12th grade, he said.
Davis said some of her clients have already returned to Malvern and others have chosen to attend private school or homeschool.
- epannell@ arkansasonline.com
Tri-Lakes, Pages 55, 60 on 12/25/2008