Corbin, Knox reciprocal agreement fight now going to the courts

With the rulings of the Kentucky Education Commissioner and the Kentucky Board of Education not to their liking, the Corbin School Board unanimously agreed to appeal the non-resident student agreement dispute with Knox County Schools to Franklin Circuit Court.

"We want parent choice," said Board Member Kim Croley following Monday’s special called meeting. "You should be able to send your child to the school you want them to go to."

The board met with its attorney in the matter, Robert Chenoweth, for more than an hour Monday night in executive session. Superintendent Ed McNeel said previously the purpose was to review the Kentucky Board of Education’s decision on the matter and explain the board’s options.

On April 13, the Kentucky Board of Education upheld Commissioner Terry Holliday’s decision to permit Knox County students attending Corbin Independent Schools under the reciprocal agreement to continue to do so during the 2010-11 school year, while adding that their siblings not yet enrolled be permitted to do the same.

In addition, the board encouraged the two boards to enter into mediation to find a permanent solution to the issue. Knox County school superintendent Walter T. Hulett said Corbin’s decision to file suit will be discussed in executive session by the board at Tuesday’s board meeting.

He said that the Knox Board had no major problems with either Holliday’s or the Kentucky Board of Education’s decisions.

"We felt all along that Commissioner Holliday did a good job in being fair. The state board upheld his decision and all they did was amend it to include siblings…we’re okay with that," Hulett said.

Hulett said that, in his opinion, taking the matter to Franklin Circuit Court will only set aside the rulings by both the KDE and the KBOE, and place the decision in the hands of the court instead.

"That seems like a risky thing to do," he said.

Chenoweth said when an administrative decision such as the ruling handed down by Holliday is appealed to the state board of education, if the ruling is not satisfactory to either party, the decision may be referred to circuit court.

"It truly is the initiation of a lawsuit," Chenoweth said.

Chenoweth said like any other lawsuit, the defendant, in this case the Knox County Board of Education, will have 20 days to file a response.

The judge may elect to review the information submitted by the two parties, or may elect to have oral arguments.

"The decision is totally discretionary," Chenoweth said.

Chenoweth said even if the judge elects to hear oral arguments, it is unlikely a decision will be rendered that same day.

"In closer to 40 years in practice, it is more common than not at the conclusion of oral arguments for the judge to say thank you and that he will take the matter under advisement," Chenoweth said.

Chenoweth added that no matter the outcome of the judge’s decision, either side may elect to appeal the matter to the Kentucky Court of Appeals.

The issue began in January, when the Knox County Board of Education voted to end the non-student reciprocal agreement with Corbin Independent Schools.

Superintendent Walter T. Hulett cited the loss of $1.3 million in state funding that followed the 405 Knox County students to Corbin, put Knox County Schools in a financial bind, resulting in the layoffs of 15 classified and 30 certified staff members.
McNeel countered that without the reciprocal agreement, the $1,200 annual tuition would have to be increased to continue to educate the 405 students.

When asked about the board’s decision to keep in place similar agreements with Barbouville, Clay County, Middlesboro, Pineville, Williamsburg and Whitley County school districts, Hulett noted the number of students from each of those districts attending Knox County Schools is about the same as the Knox County students attending school in those districts.

"Those agreements are revenue neutral," Hulett said.