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Committee clears repeal of 1980s affidavit requirement for transfers in school districts under desegregation orders
Summary
House Bill 11‑99 removes a state-code provision requiring affidavits from every board member to permit student transfers involving districts under federal desegregation orders; committee approved the repeal after extended questioning and assurances that federal court orders remain controlling.
The Senate Education Committee voted to approve House Bill 11‑99 after an extended discussion about how the measure would interact with existing federal desegregation court orders. Sponsor Joshua Bryant (District 32) told the committee the bill removes a statute that required every member of both the sending and receiving boards to sign affidavits before certain transfers could take effect.
Senator Murdock and several other members pressed Bryant and witnesses for a clear statement of what legal authorities would remain in force after the state-language is removed. Bryant said the change “removes all that language” so that the “intent of the body of the board as a whole” — a majority vote of the school board — would allow transfers without a separate affidavit requirement.
Secretary of Education Diego Oliva and outside education advisers answered committee questions. Oliva said the department would provide statutory citations on request but told senators the bill’s intent was “to make sure that schools are able to participate in open enrollment and choice transfers.” Scott Smith of the Arkansas Public School Resource Center said federal court orders already control districts under desegregation orders and that the state statute created an unnecessary additional test (an affidavit) on top of federal requirements.
Committee members asked whether remaining federal court orders for any district could still prohibit transfers. Witnesses and the sponsor repeatedly said federal orders remain controlling for the districts they cover; the bill removes state-level, superfluous language that required an affidavit by every board member for transfers in those districts.
Secretary Oliva and other witnesses provided a list of districts currently under active desegregation reporting requirements and said two districts — Camden‑Fairview and El Dorado — still report to state authorities. Scott Smith and Gary Newton described the practical effect as removing an “undue burden” that gave a single board member veto authority over transfers regardless of the underlying reason.
After discussion the committee approved the measure by voice vote. Committee members asked staff to provide the exact code cross‑references for the session record; during the hearing speakers referenced state code sections in the 6000s (transfers/eligibility) and cited example numbers (e.g., 618307 and 618316) but asked staff to confirm citations in writing.
The committee’s action clears the bill for the next stage; sponsors and witnesses emphasized that any federal court order that specifically restricts transfers would remain in effect.
