The parents suing Blytheville Public Schools over its decision to opt out of school choice is now offering the district a "no-strings-attached" way out of the lawsuit, provided the school board votes to opt in to choice for the 2014-15 school term.
In a letter sent Tuesday from the parents' attorney, Jess Askew III of Kutak Rock LLP., in Little Rock, to Blytheville Schools' council Robert L. Coleman of Reid, Burge, Prevallet & Coleman, and Jay Bequette of Bequette & Billingsley P.A., Askew said his clients are willing to settle the lawsuit if the board would vote in favor of participating in the Public School Choice Act of 2013.
According to Askew, his clients are just wanting what they feel is best for their children, and are trying to make the issue easy for the school district, themselves and future parents who may wish to choice in or out of the district.
"This offer is not confidential, and you may use it in any way that will help achieve a settlement of the case and open up school choice for the people of Blytheville," the letter reads. "If the school district does not opt in to school choice for the upcoming year, my clients will continue the lawsuit and seek all appropriate remedies."
The letter also clarifies two issues that have caused some concerns and questions throughout the lawsuit. First, Askew said even in situations where a desegregation order or mandate are in effect, the statute dealing with exemptions states a school district "may" declare an exemption. According to Askew's letter, the usage of the word "may" makes it "abundantly clear" that the decision to opt in or opt out is entirely up to the school board.
The second issue raised is in regard to a perceived need for a federal court order allowing Blytheville schools to opt in to school choice. Askew states in his letter, "If, as part of a settlement, the school district wants to have a federal court order, the plaintiffs will agree to one that permits the school district to opt into school choice." Along with the letter, Askew sent a consent decree that would satisfy the need for a court order.
The lawsuit, which was filed in May of last year on the grounds that the Blytheville School District exercised an "unlawful and unconstitutional refusal" to prevent students to choice into or out of the district. The following June, the case went before U.S. District Court Judge Kristine Baker who denied a preliminary injunction that would have allowed the students of the 11 parents and grandparents in the lawsuit to attend school outside of the district in which they lived.
In July, the parents' attorney filed an appeal, this time seeking "damages and inductive and declaratory relief" against the district, which would include monetary damages for attorneys fees and expenses and other damages "proximately caused by the school district's violation of their rights," though no exact figure has been given. Since then, the case has been at a standstill until the letter that was sent out Tuesday offering to settle the suit.
In recent weeks the Great River Economic Development Board, Blytheville Unlimited and most recently, the Greater Blytheville Chamber of Commerce have all written letters to the school board imploring them vote in favor of district-wide participation in school choice, with each of the letters claiming the move is the best decision for the community as a whole. This, at least in part, backs up Askew's claim that the community is "overwhelmingly in favor of opting into school choice."
The Chamber's letter appears on Page 4 of today's Courier News. The letters from Great River Economic Development and Blytheville Unlimited appeared in previous editions.
The Blytheville School Board is scheduled to meet at 6 p.m. Monday in a special meeting to make its decision regarding the district's participation in the Public School Choice Act of 2013.
cpinkard@blythevillecourier.com