8th Circuit denies state appeal of decision in South Arkansas school transfer case

In a 2-1 decision today, the 8th U.S. Circuit Court of Appeals upheld federal Judge Susan Hickey’s order that four South Arkansas school districts could not be compelled to approve interdistrict student transfers because they operate under desegregation rulings.

The state has gradually made school district transfers all but automatic and has eliminated segregation impact as a reason to deny transfers unless a district is under a federal court order. The state Board of Education went to court to force Hope, Lafayette County, Camden Fairview and Junction City districts to allow interdistrict transfers. They are among a handful of districts still operating under past desegregation rulings, but the state argued their orders didn’t specifically prohibit transfers and said it would allow them. The districts went back to court for protection from forced transfers, which statewide have been sought mainly by white families moving students to districts with smaller minority enrollments.

The state was refused in its effort to have Hickey’s order stayed this school year, so those districts continue to deny transfers. About 60 students had sought transfers this year.

The state has 45 days to ask for a review of the decision by the entire 8th Circuit. I’m seeking comment from the attorney general’s office. I’ve also asked for comment from state Education Secretary Johnny Key, whose department reviews school transfer appeals.

Read more: https://arktimes.com/arkansas-blog/2020/12/31/8th-circuit-denies-state-appeal-of-decision-in-south-arkansas-school-transfer-case