JCSD wins interdistrict transfer case

By Michael Shine

Staff Writer

A 1970 court order regarding Junction City School District’s desegregation will be modified under judge’s direction after a ruling released Thursday.

The order originally only addressed segregative acts within the district such as bus routes, homerooms and sports teams. However, Judge Susan O. Hickey ruled in favor of Junction City School District in a decision that will add interdistrict transfers to that order.

“Junction City’s proposed modification modifies the terms of the 1970 Order to include the necessary language required by the 2017 Act, thereby letting Junction City prohibit segregative interdistrict transfers from Junction City to other school districts, which it was able to do until the enactment of the 2017 Act,” according to the court ruling. “Beginning with the 2019-20 school year, the 1970 Order, as modified, would explicitly feature the newly added language required by the 2017 Act.”

After JCSD was denied an exemption for interdistrict transfer for the 2018-19 school year, the district pursued legal action. The denial was due to the Arkansas School Choice Act, which allows students to transfer across district lines.

According to the court ruling, since the 1970 Order was entered until 2017, Junction City was able to comply with its desegregation obligations. Until 2013, segregative interdistrict transfers were prohibited by the existing statutory scheme. Even after 2013, Junction City did not experience any segregative interdistrict transfers “because it was able to declare itself exempt from participating in school choice.”

Hickey determined that, while the 1970 Order doesn’t expressly prohibit interdistrict transfers, it “clearly intended” to prohibit any racial discrimination occurring within the district — including preventing student transfers which result in segregation of the student body.

Before the school year started, Hickey told JCSD – and three other school districts with similar cases – that they were expected to comply with the School Choice Act for the 2018-19 school year. Due to that order, five students were able to transfer out of the JCSD.

In Hickey’s final decision, those students will be allowed to stay with the school they’re currently with. However, the district will only be subject to allow interdistrict transfers if they’re based on educational or compassionate purposes, with approval by the school board.

All four districts who had their cases ruled on Thursday have already applied to the state department of education have been denied exemptions from the School Choice Act for the 2019-20 school year. Allen Roberts of Camden, an attorney for the four districts told the Arkansas Democrat Gazette that he would be working with the districts and the Education Department attorneys in the coming days on how best to change that.

“Junction City School District was seeking clarification of the 1970 Court Order,” JCSD Superintendent Robby Lowe, said. “Judge Hickey’s ruling provides that, and we will move forward with seeking the exemption from the 2015 School Choice Law (amended in 2017). Attorney Allen Roberts is advising us and the other school districts on the necessary next steps to insure our compliance with both federal and state law.”

Michael Shine may be reached at 870-862-6611 or [email protected]. Follow him on Twitter and like him on Facebook @MichaelAZShine for updates on Union County school news.

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