School & District Management

Legal Battles Continue as Arkansas Districts Merge

By Alan Richard — July 14, 2004 3 min read
  • Save to favorites
  • Print

Arkansas’ decade-long court battle over school finances may finally be over, but the larger legal and political dogfight over money for rural schools and the consolidation of rural school districts is just beginning to get fierce.

Supporters of small rural districts have filed lawsuits in recent weeks challenging a new state law that forces dozens of the state’s smallest districts to merge with neighbors.

The legislature passed a law in January that forced the district mergers as part of the state’s strategy to meet an Arkansas Supreme Court decision from 2002 that required improvements in poor rural schools. (“Court Orders Arkansas to Fix K-12 Funding,” Dec. 4, 2002.)

In the latest series of legal twists, 27 schools or school-based organizations, along with 48 citizens, filed a federal lawsuit June 3 contending that the consolidation law is unconstitutional and discriminatory toward taxpayers and students in impoverished rural areas.

Then, the 1,600-student Dumas district filed a suit June 25 in Desha County specifically challenging the state board of education’s decision to force Dumas to merge with the 215-student Gould district against the wishes of both districts. That request was denied on June 30.

And on June 18, a divided Arkansas Supreme Court relinquished its oversight of the 2002 order in Lake View School District v. Mike Huckabee. In that case, filed by the tiny Lake View school district against the state’s Republican governor, the court ordered the legislature to improve poor rural schools across the state.

Limited Power

The recent state supreme court ruling disappointed rural school advocates, who had wanted the court to continue its oversight and allow arguments seeking more improvements.

Some school leaders also contend that the district mergers will not enhance education for rural students, are causing administrative problems for districts, and ultimately will force the closing of many small schools.

But Justice Robert L. Brown wrote in last month’s main opinion that the state high court did not have the power to require further school reforms. He praised lawmakers for their early approval of $400 million in additional K-12 spending for the new fiscal year, including higher teacher pay and improved regional institutes to help rural schools.

While the court took no position on consolidation, Justice Brown wrote that further steps toward efficiency in schools “will be inevitable.”

Gov. Mike Huckabee said the decision pointed the state toward more consolidations, which he argues will save money and offer students more academic courses.

“The court today in a deeply divided decision reflects a very deeply divided state over the issue of how to best reform education,” he told reporters June 18.

Rural school groups have vowed to fight the governor, just as they did earlier this year to avoid Mr. Huckabee’s far-reaching consolidation proposal that would have affected all districts with fewer than 1,500 students. The current law requires mergers in district of fewer than 350 students.

Rural Reaction

Across rural Arkansas, school administrators were required to have the mergers in place by July 1. The changes left some superintendents without their old jobs, and had some rural leaders fearing their community schools would be closed after the coming school year.

Jimmy Cunningham, who until July 1 was the superintendent of the Plainview-Rover schools in west- central Arkansas, said his district joined the federal lawsuit because it’s being forced to take over the debt, buildings, and policies of other school districts.

“Our biggest concern is the co-mingling of tax dollars,” said Mr. Cunningham, whose district passed a local levy last year to renovate and enlarge its school. The 311-student Plainview-Rover district merged with two neighboring districts on July 1. Mr. Cunningham was scheduled to become an assistant superintendent in the new 1,100-student district.

In its suit, the Dumas district challenged the state school board’s decision to force a merger between Dumas and the neighboring Gould district. The suit argued that the mostly African-American district in Gould should be able to merge with the district of its choice, not Dumas.

In his decision, Circuit Judge Jerry Mazzanti denied the request to block the merger, saying he didn’t have jurisdiction in the case.

Brooks Gill, the lawyer for the Dumas schools, argued that bringing Gould students into Dumas could prompt many of the remaining white students to leave the majority-black Dumas schools and thereby reduce school integration there.

“I don’t have a magic bullet. I just know what the state did in this case will destroy the Dumas school district, or at least has the potential to do that,” Mr. Gill said. “That doesn’t solve the problem we’re trying to fix.”

A version of this article appeared in the July 14, 2004 edition of Education Week as Legal Battles Continue as Arkansas Districts Merge

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management Most School Board Members Lack K-12 Work Experience. That May Be a Good Thing
Board members of all professional backgrounds can be useful, experts say
4 min read
Board members speak during a school board meeting on Monday, Aug. 18, 2025 , at Fayette County Public Schools Central Office in Lexington, Ky.
Board members speak during a school board meeting on Aug. 18, 2025, at Fayette County Public Schools Central Office in Lexington, Ky. About 44% of school board members across the country have never worked in K-12 education before, according to a new EdWeek Research Center survey.
Christian Kantosky/Lexington Herald-Leader via TNS
School & District Management Quiz Quiz Yourself: What's Driving the Early Childhood Education Market?
Test your knowledge of early childhood education funding, curriculum trends, purchasing decisions, and market opportunities.
Watercolor illustration of a diverse group of young kindergarten through 3rd grade school children all holding their own digital device.
Illustration by Gina Tomko/Education Week + Canva
School & District Management Q&A 'Top-Down Decisions' Are Out. See What This School District Leader Does
This superintendent is convinced that solving complex problems requires effective listening skills.
4 min read
DaVinciCentralAllentownPA 051826 SDL042
Carol D. Birks, the superintendent of the Allentown, Pa., school district, watches over a 1st grade class at Central Elementary school on May 18, 2026. Birks is a big believer in "listening tours" to fully understand the needs of her school district.
Scott Lewis for Education Week
School & District Management Teachers' Unions Face More Competition for Influence in School Board Elections
A study suggests that parents are perceived as more influential by board members than unions.
4 min read
Yair Lev, center, attends a Lower Merion Board of School Directors meeting in the Lower Merion School District Administration Building on Monday, May 11, 2026, in Ardmore, Pa.
A school board meeting of the Lower Merion school district in Ardmore, Pa., is shown on May 11, 2026. A new study finds that teachers' unions are competing with a growing array of actors for influence in school board elections.
Joe Lamberti/AP