Committee Passes School Choice Bill
by February 19, 2013 8:30 pm 89 views
A bill that would allow students who have transferred under the state’s old school choice law to remain at their new districts passed the House Education Committee Tuesday.
House Bill 1294 by Rep. Kim Hammer (R-Benton) would affect the state’s nearly 16,000 students who are attending a district other than the one where they live.
The Arkansas Public School Choice Act of 1989 was declared unconstitutional last year by District Judge Robert Dawson because of its race-based provisions. It allowed nonresident students to transfer to another district, but, in an effort to prevent resegregation, only if the district had a lower percentage of students who were of the transferring student’s race.
The case is currently under appeal to the Eighth Circuit Court of Appeals, but no one knows when that decision will come, so students who have transferred under the old law are in limbo.
The state’s Education Commissioner, Dr. Tom Kimbrell, testified that the Department of Education was in favor of the bill because of the disruptions that would be caused if those 16,000 students had to return to their old districts.
“You have schools that would have empty space, and you’d have schools that don’t have enough space,” he said.
Hammer said the bill would allow siblings of students – including those not yet ready for school or part of the family – to join their brothers and sisters at their new school.
Legislators are hoping for a clear decision, or at least some guidance, from the Eighth Circuit. With the date of that decision uncertain, bills are being filed that would provide more of a long-term fix. Senate Bill 65 by Sen. Johnny Key (R-Mountain Home) would allow unlimited school choice in districts not under a desegregation order. Senate Bill 114 by Sen. Joyce Elliott (D-Little Rock) would allow districts to opt out of the school choice program if they fear that their participation could lead to racial resegregation.
Hammer is planning to file a bill that would list about a dozen reasons school choice would be an option for a student.