Special attorney hired to write reciprocal agreement appeal for Corbin Schools

The battle over a reciprocal agreement dispute between Corbin and Knox County schools is headed to the state level, and Kentucky Department of Educational officials are saying any decision made will likely be firm and decisive.

A "non-resident student" agreement, commonly called a reciprocal agreement, allows students who live in one district to attend school in another district free. Support Educational Excellence in Kentucky funds (SEEK) also follows those students to the school district they attend.

As members of the Knox County Board of Education were preparing to meet early last week, their counterparts in Corbin voted unanimously to appeal the issue to the Kentucky Education Commissioner Terry Holliday.

On Tuesday, Corbin Schools Superintendent Ed McNeel confirmed the district had hired a specialist attorney Bob Chenowith, from Frankfort, to help craft the appeal.

"We met with our attorney Bob Chenowith yesterday and he is getting ready to file that appeal today," McNeel said.
McNeel said his hopeful that their appeal is successful.

"We want to do the right thing for the children who are involved. That is our goal."

The battle stems from a recent decision by the Knox County School Board not to allow students living in Knox County to attend school in Corbin, effective at the beginning of the 2010-2011 school year in August. The board decided against any sort of "grandfather clause."

The decision prompted an outcry of concern from parents of Knox County students, many of whom say their children have attended Corbin schools for years.

Lisa Gross, a spokeswoman for the KDE, said once the appeal is filed, Holliday would have 30 days to make a decision.

"He can rule that they need an agreement, or rule that they don’t need an agreement," Gross said. "Or he can take the middle road and encourage them to work together to reach an agreement. That is the least likely thing he will do."

Gross said the last time the issue of a reciprocal agreement came to the state was about a decade ago.

"It is fairly rare," she said.

She noted that among the factors Holliday would consider in making his decision are academic performance, the impact the decision will have on programs in both districts, facilities issues, transportation and staffing.

However, regardless of Holliday’s decision, the issue could be further appealed by either party to the 11-member Kentucky Board of Education, and ultimately to the courts.

Gross said that if it reaches the board, the issue would first be heard by a "management" committee. "They would get it first and then take it to the whole board," she added.

She said if the board were to rule in Corbin’s favor, the Knox board would likely be required to sign an agreement.

More than 500 people, a majority of which are opposed to the Knox board’s decision, were on hand for the recent Knox Board of Education. During that meeting, speakers for both the Corbin group and those supporting the Knox County decision were on hand to voice their opinions.

Newly-appointed board chair Sam Watts, who said he has a connection to the Corbin School System through family members and friends, said, "This is one of the hardest things I have had to do. But I feel its best for the Knox County School System."
Knox Schools superintendent Walter T. Hulett said that mounting financial woes, including dwindling state SEEK funds, and higher operational costs, made the decision not to renew the reciprocal agreement with Corbin a necessary one.

He says that Knox County is currently losing about $500,000 in state SEEK funds that go with the students that choose to attend Corbin schools. Knox County Schools will receive about $4,913 per student this academic year, a total of nearly $20 million in state funds. Corbin Schools get $4,153 per student – a total of $9.35 million. SEEK funding is one of the principal ways school districts are funded, the other being property taxes.

Officials with both districts originally agreed that 169 Knox County students were attending Corbin schools and that 32 were going from Corbin to Knox County. On Monday, Mark Daniels, Director of Support Services for the Corbin Independent School System, said officials think the initial numbers are inaccurate and are conducting a recount. He said the school system changed from its previous attendance tracking program, called "STI," to a new system called "Infinite Campus" and that some information did not translate well. He said inaccuracies could also be blamed on data entry errors. The number of schools coming from Knox County to Corbin, officials contend, is higher than previously thought.

"It’s more than 169, I can tell you that," Daniels said.

After a somewhat heated discussion with Hulett following last Tuesday’s Knox board meeting, Corbin parent Jim Lacefield said he would favor taking the issue to court via a class action suit if necessary. While a possibility, in the interim, some parents are seeking educational guardianships so that their children may attend Corbin schools next year. Officials with Knox District Court say the number of parents making such a move has not been overwhelming. Although the exact number is not known, court officials say only about 10 or so have been granted.

An educational guardianship allows parents to specify a guardian to oversee their children’s education decisions. If the guardian is within the Corbin school district, the child can attend school in Corbin. In order to obtain an educational guardianship, both parents or legal guardians must appear in district court, along with the prospective guardian.

Once a judge signs the paperwork, the document is filed in the Circuit Clerk’s office.

Another possible option for parents is an educational power of attorney, a simpler procedure that requires only the filing of a form designating someone besides parents to make educational or medical decisions for a child. The Corbin School System currently accepts students who have either guardianships or powers of attorney.

Gross said that while guardianships and similar concepts are legal, and would allow a student to attend school in a certain district, SEEK funds would only technically follow students who actually live in the district where they attend school. In many cases, while guardians may live within the district, the student does not.