Year in Review: Camden Fairview plans to file response brief to Attorney General's brief


Camden Fairview School District plan on filing a responsive brief to Arkansas Attorney General Tim Griffin's request for a district judge to overturn Camden Fairview's decree prohibiting student transfers to Harmony Grove, according to Attorney Whitney Moore.

Attorney General Tim Griffin stated, "The lawsuit began in 1988 and should have ended in 2002 when Camden Fairview was declared unitary. Unfortunately, the federal-court orders governing Camden Fairview and Harmony Grove have persisted for more than two decades. The Eighth Circuit Court of Appeals stated more than a year ago that it's long past time for federal courts to terminate federal supervision over these school districts. Because no action has been taken by the districts since then, it has fallen to the state to begin moving these cases along."

When asked if the motion would lead to the end of other desegregation orders, Griffin stated, "If the state's motion is successful, the race-based transfer restriction will be lifted, and the Camden Fairview case will be closed for good, as it should have been two decades ago. Other desegregation lawsuits will require a case-by-case approach to bring to a resolution. My office is considering appropriate action in all of these cases."

Attorney for Camden Fairview School District Whitney Moore said that school plans to fight the motion.

"Camden Fairview intends to vigorously oppose the AG's motion and will file a responsive brief on April 5th. CFSD also intends to request a hearing. Regarding El Dorado, it is my opinion that CFSD and EDSD's orders have substantive differences, and CFSD's case will not directly impact EDSD."

Below is a timeline of the Camden Fairview desegregation suit and subsequent decree

1988

In December 1988, a group of plaintiffs brought suit against a host of defendants. The plaintiffs explicitly brought the case "to remedy interdistrict segregation" (and also to enforce rights under the Voting Rights Act). Plaintiffs sought consolidation of the Camden, Fairview, and Harmony Grove school districts. The Camden and Fairview school districts were both located in the City of Camden, with the Camden school district being mostly black and the Fairview school district being mostly white.

1990

Camden and Fairview consolidate. Harmony Grove agrees to (among other things) "maintain an open admission policy in regard to non-resident black students" and refuse "the transfer of white students from" Camden-Fairview without its permission.

2001

Parties from 1988 lawsuit enter a settlement agreement declaring that Camden Fairview had achieved unitary status. As part of the settlement, the provision of the consent degree regarding Harmony Grove's transfer policy remained in full force and effect.

2013

Members of the Camden Fairview School Board, acting on advice from the district's attorney, vote during a special meeting to approve a resolution to exempt the Camden Fairview School District from Act 1227.

2015

Arkansas adopts School Choice laws requiring each school district to participate in a public school choice program consistent with Arkansas Code.

2018

Camden Fairview seeks restraining order halting new transfers. Arkansas Department of Education partially approves and partially denies request. Harmony Grove transfers not allowed, but transfers to other schools upheld.U.S. District Judge Susan O. Hickey of El Dorado denies restraining order.

2019

U.S. District Judge Hickey issues order allowing Camden Fairview to claim exemption from participating in School Choice Act in 2019-2020 and beyond.

Arkansas Attorney General Leslie Rutledge sends two written arguments to 8th Circuit Court of Appeals in St, Louis asking to reverse Hickey's decision.

2020

8th U.S. Circuit Court of Appeals upholds Hickey's decision, 2-1

2021

AG office asks that 8th Circuit Court reconsider the case. The court reverses it's earlier reverses it's earlier decision and states that decades old federal desegregation orders can not be used to stop students from transferring.

2023

Arkansas Attorney General Tim Griffin asks a Judge Hickey to end the longstanding decree forbidding Camden Fairview students from transferring to Harmony Grove.


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