The Little Rock School Board tonight discussed at length attorney Chris Heller’s recommendation that the district argue in federal court that the state of Arkansas has contributed to resegregation with approval of open enrollment charter schools. This is in violation of the 1989 settlement of the county desegregation case, he contends in a formidable legal brief.

Ultimately, the Board voted 4-3, on a racially divided vote, to authorize Heller to negotiate and litigate when he deemed necessary on enforcing the court-approved settlement. The motion was made by black Board member Micheal Daugherty.

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The vote followed a motion that failed 3-3, with Board member Diane Curry abstaining, offered by white Board member Baker Kurrus. He called for 90 days of “intense”negotiations to see if the state and LRSD could settle the dispute.

Key development: Under Heller’s recent threat of legal action, Assistant Attorney General Scott Richardson appeared before the Board tonight to say that the state was willing to negotiate with the district on concerns about charter schools. Until tonight, Attorney General Dustin McDaniel has summarily, even rudely, dismissed any such talk.

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The action on charter schools followed a vote to approve a tough set of strategic goals aimed at student improvement. Board members Jody Carreiro and Melanie Fox said they were disappinted talk of the charter school dispute would get more attention in media than the positive step on school improvement. Kurrus, who represented the Board in the planning, said he remained upbeat about that effort.

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