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LRSD legal team reports on motion to intervene in Faulenberry case; board seeks budget and value analysis

Little Rock School District Board of Education · April 23, 2026
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Summary

District counsel updated the board on LRSD's effort to intervene in Faulenberry v. State; the judge allowed establishment‑clause claims to proceed, a trial date is set for July 12, 2027, and the board requested a detailed budget estimate and a memo on the district's unique value to plaintiffs before deciding continued participation.

Board legal counsel briefed members on LRSD's effort to intervene in Faulenberry v. State and the current procedural posture. Counsel said the district moved to intervene in October and that at a Feb. 17 hearing federal Judge Price Marshall ruled that the plaintiffs' establishment‑clause claims survived the state's motion to dismiss. Counsel told the board the court requested additional briefing on standing and that a trial date is set for July 12, 2027.

Counsel said LRSD could add credibility and district‑level expertise on school finance and constitutional obligations, but board members pushed for a better accounting of the likely costs and the specific legal value LRSD brings to the plaintiffs. Board members asked whether the case would proceed without LRSD and were told the plaintiffs could continue, but that LRSD's participation could alter litigation strategy and available evidence.

The board directed counsel to provide a comprehensive budget estimate for participation through anticipated pretrial stages and the trial, and to prepare a short briefing clarifying what unique resources or credibility LRSD adds to the plaintiffs' case so the board can weigh financial resource allocation against programmatic needs.

Next steps: counsel committed to a more comprehensive update and a budget estimate before the board makes any further financial commitments to the litigation.