Cord-Charlotte School Dist. No. 8 v. Independence County Bd. of Education
In Cord-Charlotte School Dist. No. 8 v. Independence County Bd. of Education, 271 Ark. 217, 608 S.W.2d 12 (Ark. 1980), aff'd Newark School Dist. et al. v. Cord-Charlotte School Dist. No. 8 et al., 278 Ark. 110, 644 S.W.2d 253 (Ark. 1983), a county education board suggested that two unincorporated communities' schools, Cord Elementary School and Charlotte High School, in Independence County, Arkansas be consolidated.
As a result of the closure of the schools to construct a larger facility, the parents desired to register their children elsewhere. Id.
In 1979, the Newark, Arkansas school district ("Newark district") permitted Cord-Charlotte, Arkansas residents to attend school in its district. Id.
As a result, the plaintiff, the Cord-Charlotte school district ("Cord-Charlotte district"), sought an injunction from an Arkansas district court, requesting that the court prohibit the Newark district from accepting its residents for school attendance. Id. at 12-13.
While this case was pending, the parents received permission from the defendant, the Independence County school board ("county board"), to allow their children to enroll in Newark. Id. at 13.
Thereafter, the district court transferred the case to an Arkansas trial court, who affirmed the county board's decision. Id.
The Cord-Charlotte district appealed to the Arkansas Supreme Court. Id.
The Arkansas Supreme Court examined a state statute, which read:
"From and after the passage of this act (March 3, 1937) no county court (county board of education ) shall make an order transferring any school child or children from one (1) district to another until and unless the consent of the Board of Directors of the district to which such child or children are sought to be transferred has been secured in writing, such written consent to be filed in the office of the county clerk or the county from which such child or children are to be transferred." Id. Predicated on the statute, the Court concluded that each district's approval was needed to enforce the acceptance of non-resident students in Newark county schools, so the Court affirmed the injunction. See id. at 14.