745 F.2d 532 (8th Cir. 1984), 84-1653, Delta Special School Dist. No. 5 v. State Bd. of Educ. for State of Ark.

Docket Nº:84-1653.
Citation:745 F.2d 532
Party Name:DELTA SPECIAL SCHOOL DISTRICT NO. 5, Appellant, v. STATE BOARD OF EDUCATION FOR the STATE OF ARKANSAS, et al., Appellees.
Case Date:October 09, 1984
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 532

745 F.2d 532 (8th Cir. 1984)

DELTA SPECIAL SCHOOL DISTRICT NO. 5, Appellant,

v.

STATE BOARD OF EDUCATION FOR the STATE OF ARKANSAS, et al., Appellees.

No. 84-1653.

United States Court of Appeals, Eighth Circuit

October 9, 1984

Submitted Sept. 11, 1984.

R.T. Beard, III, Pine Bluff, Ark., for appellant.

Curtis Nebben, Asst. Atty. Gen., Little Rock, Ark., for appellees.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Delta Special School District No. 5 appeals from the denial of a preliminary injunction in which it sought to have declared unconstitutional, and to prevent six students from utilizing, a procedure authorizing transfer to schools operated by a neighboring school district. The parents of six students had filed petitions with Delta under an Arkansas statute that gives students the right to appeal to the county board of education from a denial of transfer by the district board. Students are given the further right of appeal to the state board of education. No similar right of appeal is given to the school districts. Delta claims, therefore, that it is denied equal protection of the laws. We affirm the district court's 1 denial of the preliminary injunction.

Arkansas Act 61, 74th Gen. Assem., 1st Extraordinary Sess. 1983, provides that parents may petition the school board in the district in which they reside for transfer of their children to an adjoining school district, if they live within seven miles of the school in the adjoining district and at least fifteen miles from the school in the resident district. Id. Sec. 2(a). Petitions were filed for six students and denied, and appeals were filed with the county board of education. Appellants challenge the following provisions in section 2(b):

If the board denies the petition, the petitioners may appeal the decision * * * to the County Board of Education of the county in which the resident district is administered. Within thirty (30) days after such appeal is made to the county board, the board shall either grant or deny the transfer. If the County Board

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of Education of the resident county denies such petition[,] the petitioners may appeal to the State Board of Education. Within forty-five (45) days after the appeal to the State Board, the Board shall either grant or deny the transfer (emphasis added).

Delta argues that the failure...

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