Delta Special School District No. 5 v. State Board of Education for the State of Arkansas

JOHN R. GIBSON, Circuit Judge.

Delta Special School District No. 5 appeals from the denial of a preliminary injunction in which it sought to have declared unconstitutional, and to prevent six students from utilizing, a procedure authorizing transfer to schools operated by a neighboring school district. The parents of six students had filed petitions with Delta under an Arkansas statute that gives students the right to appeal to the county board of education from a denial of transfer by the district board. Students are given the further right of appeal to the state board of education. No…