State board grants LR student's transfer

4 other appeals tabled until AG clarifies changes to Public School Choice Act

The Arkansas Board of Education on Thursday granted a school-choice transfer of a student to another campus within the Little Rock district over the objections of district leaders.

Four other appeals were tabled until a special meeting can be called after an opinion is released from state Attorney General Leslie Rutledge clarifying the limitations of the state's Public School Choice Act.

Board Chairman Toyce Newton of Crossett told the waiting parents that the board is currently bound by a 10-year-old attorney general opinion, but its options may be broader once a new opinion is released.

Act 560 of the recently completed 2015 legislative session made some revisions in the state's existing Public School Choice Act.

One change requires districts that are subject to a court desegregation order or plan and that claim an exemption from participating in student transfers to "immediately submit proof from a federal court to the [state] Department of Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan."

"You may get a 'no' today, but a 'yes' in August," Newton said.

Sen. Alan Clark, R-Lonsdale, sent a letter May 7 to Rutledge asking for an opinion on "several questions" on the effect of the passage of Act 560 of 2015 -- which amended the School Choice Act -- on the Department of Education and public school districts.

Specifically, Clark had asked Rutledge to clarify the obligations of a school district to provide proof of a conflict with the desegregation order or a court-approved desegregation plan when it comes to school-choice applications.

Newton said a reply may come from Rutledge as early as next week. Judd Deere, spokesman for the attorney general, said a specific timetable cannot be given.

The board voted 4-1 -- with board member Jay Barth of Little Rock opposing -- to allow Calandra Cole to enroll her daughter, Brianna Cole, in Parkview Arts/Science Magnet High School.

Cole told the board that her daughter's opportunities would be limited if she were forced to attend her assigned school, J.A. Fair High School, which is classified as academically distressed.

The Parkview school had rejected Cole's application because of lack of available seats.

"What are we going to do if a kid moves into the zone -- tell him he can't come?" asked board member Diane Zook of Melbourne.

Barth said he was concerned reversing the district's denial would set a wrong precedent.

"I am deeply sympathetic, but I am worried about the precedent and the disruption in the Little Rock School District," Barth said.

No representatives from the Little Rock School District were in attendance to oppose the request. Zook quipped that "maybe part of the precedent is if you don't show up," the decision will be reversed.

Calandra Cole said after the meeting that she is looking forward to the "extra push" her daughter will receive at a school with higher standards.

"I'm very happy, very pleased with the decision," she said. "My daughter will be ecstatic."

A Section on 07/10/2015

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