Judge Deems Arkansas School Choice Law Unconstitutional
By: Adam Rodriguez
Updated: June 8, 2012
District Judge Robert T. Dawson released the order Friday, saying a racial component of the law violated the 14th Amendment's Equal Protection Clause, voiding the entire law.
Seth Blomeley, spokesperson for the Department of Education issued the following statement after learning of the ruling:
This morning, a federal district court judge ruled that the Arkansas Public School Choice Act is unconstitutional in its entirety. That statute is one of a few statutes in Arkansas which allows students to attend school at a school district other than the school district in which the student resides. I have asked my staff to review all the effects of this ruling on our students, parents and school districts, including on those students who were granted school choice approval under the Arkansas Public Choice Act prior to today's ruling. My staff will also be in consultation with the Arkansas Attorney General's Office to determine what future legal steps, if any, the Arkansas Department of Education will take regarding this matter.
A group of parents sued the Arkansas Board of Education after their children were denied transfer from the Malvern School District because they were white. The School Choice Act prevents students from transferring from a residential district to a district with a higher percentage of the student's race than attend his residential district.
