Fairness gets a chance

In the matter of Not All of Arkansas Learns

THE STORY in the paper over the weekend, written by Cynthia Howell, says “activity has resumed” in the lawsuit involving those four school districts in south Arkansas—and families that want better educations for their kids. Let’s hope fairness has resumed, too.

Last we checked in on this matter, back in December, a court of appeals had upheld a lower court ruling in favor of the school districts. And definitely not in favor of school children. The courts said districts in Hope, Junction City, Lafayette County and Camden Fairview don’t have to abide by state law—that is, the Public School Choice Act. The schools had argued, or their lawyers had, that they couldn’t possibily allow students to leave their districts because that would conflict with desegregation cases going back decades.

(Sigh.) Imagine using desegregation cases designed to help the most challenging of school districts (and students) to keep students from getting better educations.

The General Assembly has passed several laws over the years that are supposed to allow kids to flee failing school districts. Of course, state money follows these kids where they go, so some school districts fight to keep those kids in their failing schools no matter what. Priorities, you know. Allowing kids to go to better schools might affect a budget. Can’t have that.

Over the years, some school districts have used desegregation orders going back to the 1960s to get around the law. We thought the Legislature had caulked that crack in the law once, but the courts keep siding with buildings and bureaucrats.

The attorney general’s office in Arkansas, on behalf of the Education Department, has asked the full 8th Circuit Court take another look at the matter. (Thank you Leslie Rutledge.) Also, to the rescue, again, comes the non-profit outfit Arkansas Learns, which always seems to be on the side of students. Arkansas Learns has filed a friend-of-thecourt brief and should be helpful, as always. As long as there is movement and appeals left to decide, students in those four districts have a chance at fairness and education.

Also, this from Cynthia Howell’s story: “And, last week, the U.S. Department of Justice’s Civil Rights Division signaled its interest in the case, asking to extend the Monday deadline to March 19 for responding to the state’s request for a hearing before the full 8th Circuit Court.”

Hmmm. One wonders if the Civil Rights Division at the modern Justice Department will be on the side of civil rights. Or if it will be on the side of keeping kids and money in school district boundaries. The argument against allowing transfers, or at least the best argument, is that less money for the districts means those students left in them will have fewer resources. So we honestly cannot answer if this new administration’s Justice Department will be pro-justice. We won’t know until the briefs make the papers.

We have been confused before when it comes to education choice. We cannot understand how keeping poor and minority kids in failing schools advances their cause. Or their futures. Yet so many of our friends on the left seem to be okay with it. As if school choice is only a rich man’s game. That is, wellto-do families can pay tuition to private schools or even move to better school districts. Or make it on one income while mom stays at the house to homeschool. But poorer families must keep their children in schools earning Ds and Fs in reading and/or math.

There are thousands of families all across this state that are sending their kids to schools other than the local traditional ones. And even in most public school districts, transfers are allowed per state law. So it seems only four school districts in south Arkansas are holding their kids . . . .

Holding their kids what? Down? Back? Hostage? As surety?

FOR THE RECORD, let’s remember, and just saying: These are not transfer requests from traditional public schools to private schools. Or from traditional public schools to public charter schools. These are requests from traditional public schools to other, but better, traditional public schools. Lawmakers allowed for competition rarely seen in government, much less schools. Competition makes most things better.

And if the ruling(s) stand, how many other failing school districts in Arkansas will be tempted to take the money and run? As usual, the folks at Arkansas Learns might have put it best: It said, as is, the court “opinion threatens school choice in Arkansas . . . . That threat does not apply only in the school districts directly involved in the case. That threat also looms over other school districts throughout Arkansas where the majority opinion might offer an easy way to avoid school choice.”

It’s the very least the courts can do, to give this case another hearing. And never let it be said, when it comes to our kids, the courts don’t do the least they can do.