Only two Arkansas school boards, which could choose to participate in Inter-district School Choice, have sought and received exemptions because of conflicting federal court orders:
The seven school boards of Garland County have no choice, as their districts are precluded from participating because they are under an active federal court order.
Camden Fairview has been granted exemption only on transfers to/from Harmony Grove, which is the only district specifically mentioned in its consent decree.
The basis of Jacksonville/North Pulaski’s exemption is the 2014 Desegregation Settlement Agreement, which was written (poorly and with inequitable conditions) by its attorneys when they ran the Attorney General’s office. The Agreement expires at the conclusion of the 2018-19 school year, so unless U.S. District Judge D. Price Marshall, Jr. allows otherwise, JNPSD will be compelled to participate in Inter-district School Choice in 2019-20.
Last year, when the State Board of Education voted in favor of parents’ appeal of El Dorado’s denial, the district’s attorneys – Allen P. Roberts, P.A. of Camden – beat a path to U.S. District Judge Susan O. Hickey seeking a federal blessing of their client’s exemption. Inexplicably, the State of Arkansas did not intervene on behalf of its State Board of Education, and El Dorado’s attorneys were able to make their case with no opposition. As a result, the judge ruled in their favor.
When the State Board also sided with parents over the Hope School District’s denial, its attorneys – also the Roberts firm – tried the same tactic in Judge Hickey’s court. This time, however, the State of Arkansas intervened, and that case remains undecided.
Most recently, the State Board denied claims of exemption for the 2018-19 school year:
- Camden Fairview (except to/from Harmony Grove)
- Hope
- Junction City
- Lafayette County
All are represented by the Roberts Firm, which upon denial, rushed to its favorite mouthpiece to proclaim the State Board’s decision segregative and its actions a “nullification” of federal law.
Not that they matter to the firm, its blog mouthpiece, or the status quo, but here are the facts:
Rather than participating in Inter-district School Choice, which is open to all, the firm’s clients have long participated in “Legal Transfers,” which require the permission of both the resident and receiving school districts. This method allows the districts to “pick and choose” who gets in or out.
As a result, El Dorado – the go to example of the lawyers and home of the El Dorado Promise (which began in 2007) – routinely denies all transfers from non-resident African-Americans, while accepting nearly all non-resident White students. Conversely, it rarely allows any resident White students to leave, while letting nearly all resident African-American students go.
As a result, since 2009-10, when El Dorado accelerated its acceptance of non-resident White students (from 2 to 103), the district has averaged 68.22 non-resident students – 58.55 White (85.83%), and 5 Black students (7.33%). And yet, the district’s attorneys have the audacity to call the State’s law segregative. Clearly the districts and their attorneys are valuing creation and defense of artificially created racial percentages over equal access for all. But, over the past 13 years, their actions have done nothing to stem the decline of both White and Black students in each of their districts.
Camden Fairview
| Enrollment by Race | Total | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Percentage White |
| 2004-05 | 2,939 | 0 | 13 | 1,856 | 10 | 5 | 0 | 1,055 | 35.90% |
| 2005-06 | 2,807 | 0 | 8 | 1,802 | 16 | 5 | 0 | 976 | 34.77% |
| 2006-07 | 2,729 | 0 | 7 | 1,730 | 21 | 6 | 0 | 965 | 35.36% |
| 2007-08 | 2,576 | 0 | 12 | 1,629 | 27 | 4 | 0 | 904 | 35.09% |
| 2008-09 | 2,478 | 0 | 14 | 1,581 | 30 | 4 | 0 | 849 | 34.26% |
| 2009-10 | 2,455 | 43 | 17 | 1,521 | 26 | 3 | 3 | 842 | 34.30% |
| 2010-11 | 2,438 | 70 | 14 | 1,478 | 42 | 0 | 4 | 830 | 34.04% |
| 2011-12 | 2,425 | 81 | 15 | 1,481 | 40 | 0 | 4 | 804 | 33.15% |
| 2012-13 | 2,429 | 90 | 13 | 1,456 | 44 | 1 | 3 | 822 | 33.84% |
| 2013-14 | 2,437 | 88 | 11 | 1,453 | 52 | 1 | 4 | 828 | 33.98% |
| 2014-15 | 2,567 | 102 | 12 | 1,553 | 54 | 3 | 4 | 839 | 32.68% |
| 2015-16 | 2,554 | 107 | 11 | 1,561 | 54 | 1 | 4 | 816 | 31.95% |
| 2016-17 | 2,511 | 107 | 13 | 1,519 | 62 | 1 | 4 | 805 | 32.06% |
| 2017-18 | 2,477 | 114 | 12 | 1,495 | 61 | 3 | 3 | 789 | 31.85% |
| 13-Year Numerical Increase/Decrease | -462 | +71 | -1 | -361 | +51 | -2 | 0 | -266 | |
| 13-Year Percentage Increase/Decrease | -15.72% | +165.12% | -9.23% | -19.45% | +500.1% | -40% | 0% | -25.21% |
- The City of Camden is 39.5% White. The district is 31.85% White.
| School Choice by Race | Total Enrollment | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Total Choice | Percentage White | Percentage Enrollment |
| 2004-05 | 2,939 | 0 | 0 | 6 | 0 | 0 | 0 | 0 | 6 | 0% | .20% |
| 2005-06 | 2,807 | 0 | 0 | 4 | 0 | 0 | 0 | 0 | 4 | 0% | .14% |
| 2006-07 | 2,729 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 3 | 0% | .11% |
| 2007-08 | 2,576 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 3 | 0% | .12% |
| 2008-09 | 2,478 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 3 | 0% | .12% |
| 2009-10 | 2,455 | 0 | 0 | 3 | 0 | 0 | 0 | 4 | 7 | 57.14% | .29% |
| 2010-11 | 2,438 | 0 | 0 | 3 | 0 | 0 | 0 | 3 | 6 | 50% | .25% |
| 2011-12 | 2,425 | 0 | 0 | 3 | 0 | 0 | 0 | 2 | 5 | 40% | .21% |
| 2012-13 | 2,429 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 2 | 100% | .08% |
| 2013-14 | 2,437 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 100% | .04% |
| 2014-15 | 2,567 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 100% | .04% |
| 2015-16 | 2,554 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 100% | .04% |
| 2016-17 | 2,511 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 100% | .04% |
| 2017-18 | 2,477 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 100% | .08% |
| 13-Year Numerical Increase/Decrease | -462 | 0 | 0 | -6 | 0 | 0 | 0 | -3 | -5 | ||
| 13-Year Percentage Increase/Decrease | -15.72% | 0% | 0% | -100% | 0% | 0% | % | -75% | -83.33% |
El Dorado
| Enrollment by Race | Total | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Percentage White |
| 2004-05 | 4,565 | 0 | 36 | 2,489 | 83 | 4 | 0 | 1,953 | 42.78% |
| 2005-06 | 4,577 | 0 | 33 | 2,495 | 138 | 4 | 0 | 1,907 | 41.66% |
| 2006-07 | 4,430 | 0 | 31 | 2,461 | 144 | 6 | 0 | 1,788 | 40.36% |
| 2007-08 | 4,570 | 0 | 34 | 2,480 | 175 | 5 | 0 | 1,876 | 41.05% |
| 2008-09 | 4,625 | 0 | 30 | 2,463 | 205 | 3 | 0 | 1,924 | 41.6% |
| 2009-10 | 4,625 | 30 | 34 | 2,416 | 222 | 6 | 0 | 1,917 | 41.45% |
| 2010-11 | 4,646 | 36 | 49 | 2,365 | 254 | 5 | 0 | 1,937 | 41.69% |
| 2011-12 | 4,581 | 52 | 44 | 2,309 | 262 | 3 | 0 | 1,911 | 41.72% |
| 2012-13 | 4,474 | 77 | 37 | 2,246 | 277 | 5 | 0 | 1,832 | 40.95% |
| 2013-14 | 4,516 | 101 | 49 | 2,256 | 302 | 4 | 0 | 1,804 | 39.95% |
| 2014-15 | 4,502 | 111 | 50 | 2,216 | 343 | 3 | 0 | 1,779 | 39.52% |
| 2015-16 | 4,522 | 135 | 56 | 2,220 | 379 | 6 | 0 | 1,726 | 38.17% |
| 2016-17 | 4,403 | 130 | 50 | 2,154 | 404 | 6 | 3 | 1,656 | 37.61% |
| 2017-18 | 4,411 | 123 | 60 | 2,162 | 394 | 5 | 0 | 1,667 | 37.79% |
| 13-Year Numerical Increase/Decrease | -154 | +93 | +24 | -327 | +311 | +1 | 0 | -286 | |
| 13-Year Percentage Increase/Decrease | -3.37% | +310% | -66.67% | -13.14% | +374.7% | +25% | 0% | -14.64% |
- The City of El Dorado is 44.5% White. The district is 37.79% White.
| School Choice by Race | Total Enrollment | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Total Choice | Percentage White | Percentage Enrollment |
| 2004-05 | 4,565 | 0 | 0 | 4 | 0 | 0 | 0 | 0 | 4 | 0% | .09% |
| 2005-06 | 4,577 | 0 | 0 | 6 | 0 | 0 | 0 | 0 | 6 | 0% | .13% |
| 2006-07 | 4,430 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0% | .02% |
| 2007-08 | 4,570 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0% | .02% |
| 2008-09 | 4,625 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 2 | 0% | .04% |
| 2009-10 | 4,625 | 1 | 1 | 7 | 2 | 0 | 0 | 92 | 103 | 89.32% | 2.23% |
| 2010-11 | 4,646 | 1 | 2 | 7 | 3 | 0 | 0 | 88 | 101 | 87.13% | 2.17% |
| 2011-12 | 4,581 | 1 | 2 | 4 | 1 | 0 | 0 | 68 | 76 | 89.47% | 1.66% |
| 2012-13 | 4,474 | 1 | 1 | 4 | 1 | 0 | 0 | 53 | 60 | 88.33% | 1.34% |
| 2013-14 | 4,516 | 2 | 1 | 7 | 2 | 0 | 0 | 56 | 68 | 82.35% | 1.51% |
| 2014-15 | 4,502 | 3 | 1 | 6 | 2 | 1 | 0 | 48 | 61 | 78.69% | 1.35% |
| 2015-16 | 4,522 | 3 | 1 | 4 | 2 | 0 | 0 | 45 | 55 | 81.82% | 1.22% |
| 2016-17 | 4,403 | 2 | 0 | 3 | 2 | 1 | 0 | 40 | 48 | 83.33% | 1.09% |
| 2017-18 | 4,411 | 2 | 0 | 3 | 0 | 0 | 0 | 37 | 42 | 88.1% | .95% |
| 13-Year Numerical Increase/Decrease | -154 | +1 | 0 | -1 | -2 | 0 | 0 | -55 | +38 | ||
| 13-Year Percentage Increase/Decrease | -3.37% | +100% | 0% | -25% | -100% | 0% | 0% | -59.78% | +950% |
Hope
| Enrollment by Race | Total | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Percentage White |
| 2004-05 | 2,767 | 0 | 0 | 1,407 | 447 | 4 | 0 | 901 | 32.56% |
| 2005-06 | 2,711 | 0 | 7 | 1,371 | 542 | 5 | 0 | 843 | 31.1% |
| 2006-07 | 2,635 | 0 | 5 | 1,361 | 542 | 7 | 0 | 720 | 27.32% |
| 2007-08 | 2,601 | 0 | 6 | 1,305 | 556 | 9 | 0 | 725 | 27.87% |
| 2008-09 | 2,550 | 0 | 11 | 1,255 | 587 | 6 | 0 | 691 | 27.1% |
| 2009-10 | 2,541 | 0 | 12 | 1,214 | 634 | 6 | 12 | 663 | 26.09% |
| 2010-11 | 2,493 | 0 | 7 | 1,173 | 678 | 5 | 5 | 625 | 25.07% |
| 2011-12 | 2,460 | 0 | 6 | 1,153 | 691 | 5 | 2 | 603 | 24.51% |
| 2012-13 | 2,489 | 11 | 9 | 1,161 | 706 | 3 | 1 | 598 | 24.03% |
| 2013-14 | 2,489 | 9 | 4 | 1,163 | 726 | 3 | 2 | 582 | 23.38% |
| 2014-15 | 2,501 | 10 | 9 | 1,157 | 743 | 3 | 0 | 579 | 23.15% |
| 2015-16 | 2,492 | 18 | 8 | 1,151 | 773 | 4 | 0 | 538 | 21.59% |
| 2016-17 | 2,349 | 27 | 8 | 1,081 | 758 | 2 | 0 | 473 | 20.14% |
| 2017-18 | 2,247 | 33 | 8 | 1,022 | 774 | 4 | 0 | 406 | 18.07% |
| 13-Year Numerical Increase/Decrease | -520 | +22 | +1 | -385 | +327 | 0 | -12 | -495 | |
| 13-Year Percentage Increase/Decrease | -18.79% | +200% | +14.29% | -19.45% | +500.1% | 0% | -100% | -54.94% |
- The only inter-district school choice Hope had for the period was one White student in 2014-15.
- The City of Hope is 34% White. The district is 18.07% White.
Junction City
| Enrollment by Race | Total | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Percentage White |
| 2004-05 | 670 | 0 | 0 | 199 | 4 | 2 | 0 | 465 | 69.40% |
| 2005-06 | 686 | 0 | 0 | 200 | 8 | 2 | 0 | 476 | 69.39% |
| 2006-07 | 660 | 0 | 0 | 216 | 5 | 1 | 0 | 438 | 66.36% |
| 2007-08 | 611 | 0 | 0 | 198 | 4 | 2 | 0 | 407 | 66.61% |
| 2008-09 | 585 | 0 | 0 | 187 | 5 | 1 | 0 | 392 | 67.01% |
| 2009-10 | 550 | 1 | 0 | 181 | 4 | 1 | 1 | 362 | 65.82% |
| 2010-11 | 547 | 0 | 0 | 180 | 7 | 1 | 0 | 359 | 65.63% |
| 2011-12 | 518 | 1 | 0 | 168 | 7 | 1 | 0 | 341 | 65.83% |
| 2012-13 | 526 | 1 | 0 | 148 | 7 | 1 | 0 | 369 | 70.15% |
| 2013-14 | 533 | 1 | 0 | 156 | 7 | 1 | 0 | 368 | 69.04% |
| 2014-15 | 679 | 0 | 0 | 252 | 13 | 1 | 0 | 413 | 60.82% |
| 2015-16 | 660 | 0 | 1 | 248 | 17 | 1 | 0 | 393 | 59.55% |
| 2016-17 | 680 | 0 | 0 | 269 | 14 | 1 | 0 | 396 | 58.24% |
| 2017-18 | 673 | 0 | 2 | 253 | 20 | 2 | 0 | 396 | 58.84% |
| 13-Year Numerical Increase/Decrease | +3 | -1 | +1 | +54 | +16 | 0 | 0 | +69 | |
| 13-Year Percentage Increase/Decrease | +.44% | -100% | +100% | +28.42% | +400% | 0% | 0% | +14.84% |
- The City of Junction City is 53% White. The district is 58.84% White.
| School Choice by Race | Total Enrollment | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Total Choice | Percentage White | Percentage Enrollment |
| 2004-05 | 670 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0% | 0% |
| 2005-06 | 686 | 0 | 0 | 5 | 0 | 0 | 0 | 0 | 5 | 0% | .73% |
| 2006-07 | 660 | 0 | 0 | 9 | 1 | 0 | 0 | 0 | 10 | 0% | 1.52% |
| 2007-08 | 611 | 0 | 0 | 5 | 1 | 0 | 0 | 0 | 6 | 0% | .98% |
| 2008-09 | 585 | 0 | 0 | 3 | 1 | 0 | 0 | 0 | 4 | 0% | .68% |
| 2009-10 | 550 | 0 | 0 | 3 | 0 | 0 | 0 | 1 | 4 | .18% | .73% |
| 2010-11 | 547 | 0 | 0 | 7 | 0 | 0 | 0 | 3 | 10 | .55% | 1.83% |
| 2011-12 | 518 | 0 | 0 | 6 | 0 | 0 | 0 | 0 | 6 | 0% | 1.16% |
| 2012-13 | 526 | 0 | 0 | 6 | 0 | 0 | 0 | 2 | 8 | .38% | 1.52% |
| 2013-14 | 533 | 0 | 0 | 6 | 0 | 0 | 0 | 2 | 8 | .38% | 1.5% |
| 2014-15 | 679 | 0 | 0 | 5 | 0 | 0 | 0 | 2 | 7 | .29% | 1.03% |
| 2015-16 | 660 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 3 | 0% | .45% |
| 2016-17 | 680 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 2 | 0% | .29% |
| 2017-18 | 673 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0% | .15% |
| 13-Year Numerical Increase/Decrease | +3 | 0 | 0 | -4 | -1 | 0 | 0 | -1 | -4 | ||
| 13-Year Percentage Increase/Decrease | +.44% | 0% | 0% | -80% | -100% | 0% | 0% | -100% | -80% |
- Junction City enrollment grew 27.4% (+146 students) between 2013-14 and 2014-15 – +96 Black and +45 White. The district accepts Louisiana residents, a School Choice right it denies Arkansans. Inexplicably, it includes those students in its enrollment total.
Lafayette County
| Enrollment by Race | Total | 2 or More Races | Asian | Black | Hispanic | Native American Native Alaskan | Native Hawaiian Pacific Islander | White | Percentage White |
| 2004-05 | 993 | 0 | 0 | 576 | 8 | 0 | 0 | 409 | 41.19% |
| 2005-06 | 933 | 0 | 3 | 551 | 2 | 0 | 0 | 377 | 40.41% |
| 2006-07 | 921 | 0 | 2 | 563 | 4 | 2 | 0 | 350 | 38% |
| 2007-08 | 876 | 0 | 2 | 530 | 9 | 1 | 0 | 334 | 38.13% |
| 2008-09 | 771 | 0 | 2 | 498 | 6 | 1 | 0 | 264 | 34.24% |
| 2009-10 | 801 | 9 | 2 | 495 | 14 | 0 | 1 | 280 | 34.96% |
| 2010-11 | 763 | 11 | 2 | 468 | 11 | 0 | 0 | 271 | 35.52% |
| 2011-12 | 681 | 13 | 1 | 409 | 15 | 0 | 0 | 243 | 35.68% |
| 2012-13 | 704 | 9 | 0 | 422 | 15 | 0 | 0 | 258 | 36.65% |
| 2013-14 | 689 | 11 | 0 | 390 | 16 | 0 | 0 | 272 | 39.48% |
| 2014-15 | 648 | 10 | 0 | 392 | 14 | 0 | 0 | 232 | 35.80% |
| 2015-16 | 628 | 10 | 0 | 389 | 19 | 0 | 0 | 210 | 33.44% |
| 2016-17 | 583 | 11 | 2 | 369 | 13 | 0 | 0 | 188 | 32.24% |
| 2017-18 | 583 | 14 | 1 | 356 | 17 | 0 | 0 | 195 | 33.45% |
| 13-Year Numerical Increase/Decrease | -410 | +5 | -2 | -220 | +9 | -2 | -1 | -214 | |
| 13-Year Percentage Increase/Decrease | -42.29% | +55.56% | -66.67% | -38.19% | +112.5% | -100% | -100% | -52.32% |
- The only inter-district school choice Lafayette County had for the period was one Black student in 2004-05.
- Lafayette County is 59% White. The district is 33.45% White.
Quick Facts
- The Roberts Firm-represented districts – excepting Junction City’s inexplicable increase – lost more Black (-1,293) than White students (-1,261)
- The Roberts Firm-represented districts currently have more White (+38) non-resident transfer students, than Black (+4)
- The Roberts Firm-represented districts – excepting Junction City’s Louisiana enrollment – have declined in enrollment 1,546 students (-13.73%)
- The Roberts Firm-represented Junction City is 58.84% White, while the City is only 53%. There are only two demographic reasons to exempt from School Choice – Keep some students in; keep some students out.
- The Roberts Firm-represented Hope has a 16 point gap between its City’s White percentage (34%) and its district’s (18.07%). Using the Roberts Firm’s logic, exemption from School Choice has fomented White Flight.
- The Roberts Firm-represented Lafayette County has a 27 point gap between the county’s White percentage (59%) and its districts (33.45%). Using the Roberts Firm’s logic, exemption from School Choice has fomented White Flight.