STEVENSON v. BLYTHEVILLE SCHOOL DIST. NO. 5

No. 13-2477.

762 F.3d 765 (2014)

James E. STEVENSON, III; Sharyn Stevenson, Plaintiffs Heath Adkisson; Lori Adkisson; Ryan Braswell; Melissa Braswell; Oliver Coppedge; Tracy Coppedge; George A. Hale, III; Stephanie Hale; Jeff Langston; Missy Langston, Plaintiffs-Appellants, v. BLYTHEVILLE SCHOOL DISTRICT # 5, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed August 8, 2014.


Attorney(s) appearing for the Case

Jess Askew, III , Marie-Bernarde Miller , Robert Alexander Gaines , Little Rock, AR, for Plaintiffs-Appellants.

George Jay Bequette, Jr. , Little Rock, AR, Robert L. Coleman , Blytheville, AR, for Defendant-Appellee.

Before SMITH, COLLOTON, and GRUENDER, Circuit Judges.


SMITH, Circuit Judge.

On April 16, 2013, the Arkansas General Assembly enacted the Public School Choice Act of 2013 ("the Act"). Act 1227, 2013 Ark. Acts 1227 (Apr. 16, 2013), codified at Ark.Code Ann. § 6-18-1901 et seq. The Act contains a "broad school choice transfer option." Teague v. Cooper, 720 F.3d 973, 976 (8th Cir.2013). But the Act also contains exemptions. In relevant part, it provides that "`[a] school...

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