School choice suit dismissed | Arkansas Blog

Tuesday, March 16, 2010

School choice suit dismissed

Posted By on Tue, Mar 16, 2010 at 5:00 PM

Big decision in federal court today, perhaps to be appealed, in the lawsuit in which plaintiffs attempted to strike down the Arkansas school choice law for allowing race to be considered in attempts to transfer into or out of school districts.

The suit aiming to allow white students to leave Malvern for neighboring districts was dismissed. Federal Judge Robert Dawson ruled on various motions for summary judgment that the Malvern School District and state Board of Education weren't proper defendants. Our news on this comes from a helpful Haley Heath, editor of the Arkansas Law Review, who comments:

Malvern School District was an improper defendant because it was only seeking to enforce residency requirements by keeping its residential students in the districts.  It looks like the right defendant will be a district that denies an attempt to transfer into it based on the school choice statute, rather than a district that attempts to prohibit a transfer out of it based on the statute.

The court said sovereign immunity barred the claim against the State Board of Education. (It has little practical power over enforcement of the school choice law.)

Read the decision for yourself.

Here's the judgment, which didn't grant summary judgment motions in every case on procedural and other grounds.

For the time being, wholesale white flight from Arkansas school districts can't be achieved by constitutional challenge to the school choice law. It's a challenge made possible, it's worth remembering, by the right-wing dominated U.S. Supreme Court.


From the ArkTimes store



Subscribe to this thread:

Add a comment

More by Max Brantley

Readers also liked…

  • Al Gore remembers Dale Bumpers

    Former Vice President Al Gore, a former U.S. Senate colleague of Dale Bumpers, sent a statement on Bumpers' death Friday:
    • Jan 3, 2016
  • A response to police arrests becomes a tutorial on race, class and policing in Little Rock

    John Walker, the 79-year-old civil rights lawyer, and his associate, Omavi Shukur, 29, a young lawyer devoted to criminal justice reform, talked to press this afternoon about their arrests Monday by Little Rock police for supposedly obstructing governmental operations in observing and attempting to film a routine police traffic stop. It was a tutorial on sharp views of race, class and governance in Little Rock.
    • Sep 29, 2016
  • In Little Rock, Marco Rubio sells American exceptionalism

    This is Rubio's axiomatic answer to Donald Trump's insistence that he and he alone will Make America Great Again: America is the greatest, always has been.
    • Feb 22, 2016

Most Shared

  • Take yourself there: Mavis Staples coming to LR for Central High performance

    Gospel and R&B singer and civil rights activist Mavis Staples, who has been inspiring fans with gospel-inflected freedom songs like "I'll Take You There" and "March Up Freedom's Highway" and the poignant "Oh What a Feeling" will come to Little Rock for the commemoration of the 60th anniversary of the desegregation of Central High.
  • Klan's president

    Everything that Donald Trump does — make that everything that he says — is calculated to thrill his lustiest disciples. But he is discovering that what was brilliant for a politician is a miscalculation for a president, because it deepens the chasm between him and most Americans.
  • On Charlottesville

    Watching the Charlottesville spectacle from halfway across the country, I confess that my first instinct was to raillery. Vanilla ISIS, somebody called this mob of would-be Nazis. A parade of love-deprived nerds marching bravely out of their parents' basements carrying tiki torches from Home Depot.

Most Viewed

Most Recent Comments



© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation