Legal Opinion · Dissent

Fails v. Jefferson Davis County Public School Board

Court of Appeals of Mississippi

Decided May 24, 2011No. 2010-CA-00042-COAPublished

1DissentCarlton, J.

¶28. I respectfully dissent from the majority. I would reverse the trial court’s affirmance of the decision of the interim conservator of the Jefferson Davis County Public School District (“the District”), and would remand Mark and Laura Fails’s request for a school transfer for their daughter, Courtney, back to the District for disposition by the proper authority, the State Board of Education.

¶ 29. A review of the record shows that after the Governor declared a state of emergency in the District, the State Board of Education appointed an interim conservator for the District. The record…

2Cases cited4 opinions

  1. COM'N ON ENV. QUALITY v. Chickasaw County Bd. of SupervisorsMississippi Supreme Court · 1993
  2. PERC v. MarquezMississippi Supreme Court · 2000
  3. Carmona v. AndrewsCourt of Appeals for the Fifth Circuit · 2004
  4. Pascagoula Munucipal Separate School District v. BartonMississippi Supreme Court · 2001

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