Kenneth James, Commissioner/Superintendent of Public Education of the State of Arkansas; The Arkansas State Board of Education et al. v. Clyde Williams and Alenora Williams on Behalf of Themselves and Their Minor Child, Clyde Williams, Jr. et al.
Annotate this Case
Download PDF
SUPREME COURT OF ARKANSAS
No. 07619
KENNETH JAMES, COMMISSIONER/
SUPERINTENDENT OF PUBLIC
EDUCATION OF THE STATE OF
ARKANSAS; THE ARKANSAS STATE
BOARD OF EDUCATION; ET AL.,
APPELLANTS,
Opinion Delivered 11008
APPEAL FROM THE CIRCUIT COURT
OF PULASKI COUNTY, ARKANSAS,
NO. CV200610401, HON. TIMOTHY
FOX, CIRCUIT JUDGE,
VS.
CLYDE WILLIAMS AND ALENORA
W I L L I A M S O N B E H A L F O F
THEMSELVES AND THEIR MINOR
CHILD, CLYDE WILLIAMS, JR.; ET AL.,
APPELLEES,
DISMISSED.
ROBERT L. BROWN, Associate Justice
The appellants, Dr. Kenneth James, who is Commissioner/Superintendent of Public
Education of the State of Arkansas, and the Arkansas State Board of Education (“Board of
Education”), appeal the denial of their motion to dismiss against the appellees, Clyde
Williams and Alenora Williams, on behalf of themselves and their minor child, Clyde
Williams, Jr., et. al (together “Williams”). We dismiss the appeal for lack of subjectmatter
jurisdiction.
This suit arises out of the merger of the Elaine School District with the Marvell
School District in 2006. The parties do not dispute that, by 2006, the Elaine School District
had fallen below an average daily membership of threehundred and fifty students for each
of the two preceding school years. It was, therefore, subject to consolidation or annexation
under Arkansas law. See Act 60 of the Second Extraordinary Session of 2003 (codified at
Ark. Code Ann. § 6131602 (Supp. 2007)). The Elaine School District then filed a voluntary
petition to be annexed into the adjoining Marvell School District, as allowed by Arkansas
Code Annotated § 6131603(a) (Supp. 2007). The role, if any, of the Board of Education
and Dr. James in orchestrating and bringing about this annexation is disputed by the parties.
The annexation was eventually approved by the Board of Education and was set to take
effect during the 20062007 school year.
On June 26, 2006, Williams filed suit in Phillips County Circuit Court, seeking to
1
prevent the annexation from taking place. Dr. James and the Arkansas Department of
Education (“ADE”) were among the named defendants, but the Board of Education was not.
On July 14, 2006, Williams followed up with a motion for a preliminary injunction to
prevent the annexation from taking place before the resolution of the suit. Dr. James and the
ADE, on the other hand, opposed the preliminary injunction and moved for dismissal of the
suit based, inter alia, on lack of subjectmatter jurisdiction, lack of standing, lack of proper
venue, and failure to state facts upon which relief could be granted. Eventually, the Phillips
1
Don Hamilton, Superintendent of Schools of Elaine, Arkansas School District No.
30, the Board of Education of the Marvell School District No. ___, and Ulicious Reed,
Superintendent of Schools of the Marvell School District No. ___, are also parties to this
suit. They are not, however, parties to the current appeal. The complaint also named the
Board of Education of the BartonLexa School District and Roy Kirkland, Superintendent
of Schools of the BartonLexa School District, as defendants. The circuit court later granted
these defendants’ motion to dismiss, and they are not parties to the current appeal.
2
07619
County Circuit Court determined that Pulaski County was the proper venue for the suit.
With the motion for a preliminary injunction and motion to dismiss still pending, an order
transferring the suit to Pulaski County Circuit Court was entered on August 22, 2006. The
annexation went forward for the 20062007 school year, and the Elaine School District
ceased to exist. Due to the annexation into the Marvell School District, Elaine High School
was closed.
On November 20, 2006, the Pulaski County Circuit Court held a hearing at the end
of which it allowed Williams twenty days to file an amended complaint containing numbered
paragraphs and adding any necessary and indispensable parties. Williams responded by
filing an amended complaint with numbered paragraphs on December 11, 2006. In this
amended complaint, ADE was no longer named as a defendant. The Board of Education,
however, was added as a defendant. Although they are not mentioned in the caption, the
body of the complaint lists the individual members of the Board of Education as defendants.
The amended complaint alleges various detrimental effects that the annexation has
had on former Elaine students, including: (1) that former Elaine High School students are
now being taught in inferior Marvell High School facilities; (2) that former Elaine students
are being taught in hallways, the cafeteria, and closets; (3) that former Elaine High School
students are now sent to Marvell High School, which is on academic probation; (4) that
former Elaine students would have access to better facilities and resources if Elaine had
3
07619
merged with the adjoining BartonLexa School District instead of Marvell; (4) that former
Elaine students are subjected to long bus rides, up to five hours per day; (5) that some small
children are away from home for up to thirteen hours per day because of the transportation
being offered to them; (6) that the lengthy transit times make it more difficult for former
Elaine students to participate in extracurricular activities and to complete inschool
suspensions. The gist of the amended complaint is that (1) former Elaine students now
receive a less adequate and substantially equal education than they did before the annexation
and (2) former Elaine students receive a less adequate and substantially equal education than
they would have received if the annexation had been to the BartonLexa School District
rather than the Marvell School District.
The amended complaint asserts that the ADE effectively orchestrated the annexation
of the Elaine School District by the Marvell School District but used a process whereby it
appeared that the merger was at the impetus of the school districts themselves. In so doing,
the amended complaint asserts, Dr. James and the Board of Education knowingly created a
supermajority AfricanAmerican school district, despite the fact that the Board of Education
had previously denied permission for the Marvell and Lake View School Districts to
consolidate. The denial of the Marvell/Lake View consolidation, avers the amended
complaint, was based on the fact that it would have created a supermajority African
American school district. The amended complaint also claims that the Arkansas Board of
Education has not taken action to secure federal court approval for the merger, despite the
4
07619
fact that former Attorney General Mike Beebe issued an opinion stating that such approval
was necessary. Lastly, the amended complaint asserts that the Board of Education “has taken
no action to assure that the Elaine Marvell merger was equitable and/or in the best interest
of all students involved.”
The amended complaint does not expressly mention the Arkansas or United States
Constitution; nor is it clear precisely what the constitutional basis is for the relief being
asserted by Williams. The amended complaint does assert, however, that former Elaine
students are not receiving an adequate or equal education, that former Elaine students are
being denied equal opportunity to be educated and to participate in afterschool activities,
and that the actions of Dr. James and the Board of Education were arbitrary and capricious.
On December 29, 2006, Dr. James and the Board of Education filed a motion to
dismiss Williams’s amended complaint, alleging, among other things, that the circuit court
did not have jurisdiction over Williams’s claims because (1) Dr. James and the Board of
Education were immune from suit under the sovereignimmunity provision of the Arkansas
Constitution and (2) the issues that Williams sought to litigate were under the exclusive
subjectmatter jurisdiction of this court due to the recall of the Lake View mandate. The
motion also asserted that Dr. James was not a proper party to the lawsuit because he had no
power to grant the relief requested by the plaintiffs.
Williams responded that sovereign immunity did not apply in suits against state
officials to enjoin ultra vires, bad faith, or arbitrary and capricious actions, and that the
5
07619
circuit court had jurisdiction despite the recall of the Lake View mandate. Williams further
maintained that Dr. James, as the director and supervisor of the ADE, was a necessary and
proper party to the suit. On February 15, 2007, the circuit court entered an order denying
Dr. James and the Board of Education’s motion to dismiss. It is from that order that Dr.
James and the Board of Education file this interlocutory appeal.
We first address the issue of subjectmatter jurisdiction raised by Dr. James and the
Board of Education. They contend, as already stated, that the circuit court had no
jurisdiction to hear this case because subjectmatter jurisdiction rested solely with this court
due to the recall of the Lake View mandate. They assert that Williams’s claims allege the
denial of the adequate and substantially equal education required by the Arkansas
Constitution, the same issue that was raised in Lake View. Because Williams and his co
plaintiffs were all members of the class certified as part of the Lake View litigation, see Lake
View Sch. Dist. No 25 of Phillips County v. Huckabee, 340 Ark. 481, 486, 10 S.W.3d 892,
895 (2000), Dr. James and the Board of Education urge that subjectmatter jurisdiction over
these issues rested solely with this court until the Lake View mandate was reissued on May
31, 2007.
Williams, on the other hand, emphasizes that his claims stem primarily from the
United States Constitution, not the Arkansas Constitution. Moreover, he maintains that the
Lake View mandate was issued on May 31, 2007, thereby divesting this court of any subject
matter jurisdiction it might have had over the case before us.
6
07619
We note initially that the Arkansas Rules of Appellate Procedure – Civil do not grant
the right of an interlocutory appeal based on lack of subjectmatter jurisdiction. See Ark. R.
App. Pro.–Civ. 2(a). Nevertheless, subjectmatter jurisdiction is an issue that can and indeed
must be raised by this court sua sponte. Centerpoint Energy Res. Corp. v. Miller, 370 Ark.
190, 202, ___ S.W.3d ___, ___ (2007) (“Arkansas, of course, provides no interlocutory
appeal from a denial of a motion to dismiss for lack of subjectmatter jurisdiction, although
this court can raise the issue sua sponte.”); Barclay v. Farm Credit Servs., 340 Ark. 65, 68,
8 S.W.3d 517, 518 (2000) (“This court is obligated to raise issues of subjectmatter
jurisdiction on its own, and we do so in this instance.”). Therefore, the question of whether
the pending Lake View mandate divested the circuit court of jurisdiction over this matter must
be addressed, as a preliminary matter, by this court.
In our initial Lake View decision dealing with the constitutionality of the public school
funding system, this court held that the school funding system then in place was
unconstitutional. See Lake View Sch. Dist. No. 25 of Phillips County v. Huckabee, 351 Ark.
31, 96, 91 S.W.3d 472, 510 (2002) (Lake View I). In that decision, this court decided to stay
the issuance of our mandate until 2004, noting:
Were we not to stay our mandate in this case, every dollar spent on public
education in Arkansas would be constitutionally suspect. That would be an
untenable situation and would have the potential for throwing the entire
operation of our public schools into chaos. We are strongly of the belief that
the General Assembly and Department of Education should have time to
correct this constitutional disability in public school funding and time to chart
a new course for public education in this state.
7
07619
Id. at 97, 91 S.W.3d at 511.
The mandate was issued in early 2004 but was almost immediately recalled due to
legislative noncompliance. Lake View Sch. Dist. No. 25 of Phillips County v. Huckabee,
355 Ark. 617, 618, 142 S.W.3d 643, 644 (2004) (Lake View II). Later the same year,
however, the mandate was issued, and this court’s jurisdiction over the subject matter was
released. Lake View Sch. Dist. No. 25 of Phillips County v. Huckabee, 358 Ark. 137, 161,
189 S.W.3d 1, 17 (2004) (Lake View III). That jurisdiction was reassumed on June 9, 2005,
Lake View Sch. Dist. No. 25 of Phillips County v. Huckabee, 362 Ark. 520, 522, 210 S.W.3d
28, 30 (2005) (Lake View IV), and the mandate was not reissued until May 31, 2007, Lake
View Sch. Dist. No. 25 of Phillips County v. Huckabee, 370 Ark. 139, 146, ___ S.W.3d ___,
___ (2007) (Lake View V). The reissuance of the mandate was after the circuit court
rendered the order that is currently under appeal in the instant case.
This court retains jurisdiction over a case until it issues a mandate to the circuit court
instructing it to “recognize, obey, and execute” this court’s decision. Barclay, 340 Ark. at
6869, 8 S.W.3d at 519. Before the issuance of the mandate, no party to the lawsuit can
obtain relief from the circuit court for any matter that is “so intertwined with the primary
litigation as to be part and parcel of it.” Id. at 69, 8 S.W.3d at 519. Hence, there are two
questions that must be answered to determine whether the circuit court had subjectmatter
jurisdiction over William’s complaint before this court issued its mandate on May 31, 2007:
(1) whether Williams was a party to the Lake View litigation, and (2) whether the issues
8
07619
raised in the present suit are “part and parcel” of the Lake View litigation. Id. We answer
both questions in the affirmative.
The class certified in the Lake View litigation included “students and parents of
students in all school districts.” Lake View Sch. Dist. No. 25 of Phillips County v. Huckabee,
340 Ark. 481, 486, 10 S.W.3d 892, 895 (2000). Accordingly, there is no question but that
Williams and his coplaintiffs were parties to the Lake View suit.
Next, in determining whether the allegations of Williams’s complaint are within the
scope of the Lake View mandate, we must first determine whether Williams can rely on his
original complaint as well as his amended complaint. This court has stated with approval the
“widely recognized doctrine that an amended complaint, unless it adopts and incorporates
the original complaint, supersedes the original complaint.” Edward J. DeBartolo Corp. v.
Cartwright, 323 Ark. 573, 577, 916 S.W.2d 114, 116 (1996). Having failed to incorporate
the original complaint into the amended complaint by reference, Williams cannot now rely
on it. We are, therefore, limited in our analysis to the terms in the amended complaint.
We note in support of this conclusion that one of the reasons Williams was required
to file an amended complaint was that the original complaint failed to comply with Rule
10(b) of the Arkansas Rules of Civil Procedure, which states that “[a]ll averments of claim
or defense shall be made in numbered paragraphs, the contents of each of which shall be
limited as far as practicable to a statement of a single set of circumstances.” The circuit
court required an amended complaint so that the defendants could effectively respond to each
9
07619
numbered claim and so that Williams could add any necessary party defendants. It was, as
a result, Williams’s obligation to lay out all of his claims in the numbered paragraphs of the
amended complaint and to include all necessary parties.
We now turn to an examination of what claims are included in the amended complaint
when it is read in the light most favorable to Williams. This task is complicated by the fact
that, though Williams argues constitutional issues in his brief on appeal, he has failed to cite
expressly to either the Arkansas or United States Constitution in his amended complaint.
What he does assert in his amended complaint is that former Elaine students are not receiving
an adequate and substantially equal education. That is what this court has held the Arkansas
Constitution requires. See Lake View III, 358 Ark. at 155, 189 S.W.3d at 13 (“[T]he
overarching constitutional principle is that an adequate education must be provided to all
school children on a substantially equal basis with regard to curricula, facilities, and
equipment.”). There is, of course, no federal constitutional right to an adequate education.
San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 35 (1973) (“Education, of course,
is not among the rights afforded explicit protection under our Federal Constitution. Nor do
we find any basis for saying it is implicitly so protected.”). Williams’s claim to lack of an
adequate and substantially equal education is, therefore, limited to the Arkansas Constitution.
Nor does the amended complaint expressly allege any violation of the Equal
Protection Clause of the United States Constitution or Article 2, § 3 of the Arkansas
Constitution. It does reference “disparate burdens” that were knowingly placed on former
10
07619
Elaine students and that these students were being “denied equal opportunity to be educated
and to participate in programs and activities.” But the only allegation of any actions that
were undertaken on the basis of the student’s race are against the superintendent of the
2
BartonLexa School District and not Dr. James and the Board of Education. Furthermore,
Arkansas jurisprudence requires a complaint to state facts, “not mere conclusions, in order
to entitle the pleader to relief.” Simons v. Marshall, 369 Ark. 447, 450, ___ S.W.3d ___, ___
(2007). In the instant case, Williams failed to state even a conclusion that Dr. James and the
Board of Education discriminated against former Elaine School District students on the basis
of race or any other protected classification.
In Lake View I, this court found both: (1) that, in violation of the Arkansas
Constitution, Arkansas children were not being provided a general, suitable, and efficient
schoolfunding system, 351 Ark. at 72, 91 S.W.3d at 495, and (2) that unequal educational
opportunities were being provided to certain children who were taught a “barebones”
curriculum and suffered under “dire facility and equipment needs,” id. at 75, 91 S.W.3d at
49798. Williams’s claims as set out in his amended complaint fall squarely under the latter
constitutional infirmities. The matters raised by this suit are, therefore, part and parcel of
2
The amended complaint does assert that Dr. James and the Board of Education have
allowed the creation of a supermajority African American school district in contravention
of the policy set by the Department of Education. Nevertheless, even read in the light most
favorable to Williams, this does not allege that the students were discriminated against based
on their race so as to raise equalprotection implications but only that the Board of
Education’s actions were arbitrary and capricious.
11
07619
the Lake View litigation, and the circuit court had no subjectmatter jurisdiction to hear this
case until after this court issued its mandate and released its Lake View jurisdiction on May
31, 2007.
In deciding Lake View I, this court noted that it was not the role of the judiciary to
prescribe specific remedies to cure the unconstitutionality of the schoolfunding system.
Rather, “[d]evelopment of the necessary educational programs and the implementation of the
same falls more within the bailiwick of the General Assembly and the Department of
Education.” 351 Ark. at 91, 91 S.W.3d at 50708. This court went on to say that, “[t]he trial
court’s role and this court’s role . . . are limited to a determination of whether the existing
schoolfunding system satisfies constitutional dictates and, if not, why not.” Id. During the
pendency of this court’s jurisdiction over the Lake View litigation, certain constitutional
inadequacies over the funding of Arkansas public schools were to be remedied by the
General Assembly. Williams’s amended complaint touches on these same issues that formed
the essence of the Lake View case. In short, when the circuit court issued its order on
February 17, 2007 denying the motion to dismiss filed by Dr. James and the Board of
Education, it had no jurisdiction to do so because this court still retained jurisdiction over
12
07619
3
the Lake View case. Because the circuit court had no subjectmatter jurisdiction to hear this
case, we must dismiss this appeal for lack of subjectmatter jurisdiction. See Barclay, 340
Ark. at 69, 8 S.W.3d at 519. The lack of subjectmatter jurisdiction in circuit court cannot
be retroactively cured by the subsequent issuance of the mandate in Lake View.
Appeal dismissed.
HANNAH, C.J., concurs.
HANNAH, C.J., concurring. I concur in the decision reached by the majority but
conclude that this case must be dismissed on different grounds. I note first, as the majority
states, that “an amended complaint, unless it adopts and incorporates the original complaint,
supersedes the original complaint.” Edward J. DeBartolo Corp. v. Cartwright, 323 Ark. 573,
577, 916 S.W.2d 114, 116 (1996). The amended complaint did not incorporate the original
complaint. Therefore, the amended complaint defines this action.
3
This court is mindful of the fact that, on July 19, 2006, the Arkansas Board of
Education and Arkansas Department of Education filed a petition for writ of prohibition or
certiorari with this court and requested that we lift a temporary restraining order issued by
the Pulaski County Circuit Court enjoining the Arkansas State Board of Education and
Arkansas Department of Education from closing Paron High School. The Bryant School
District filed a similar petition for writ of prohibition or certiorari with this court. This court
dissolved the temporary restraining order due to the failure to join Bryant School District,
which was a necessary party to the litigation. Arkansas State Bd. of Educ. v. Moody, 367
Ark. 181, 182, ___ S.W.3d ___, ___ (2006). Subjectmatter jurisdiction was not raised by
any party in the Paron matter; nor did this court raise it on its own, though we clearly had
the right to do so. The lack of subjectmatter jurisdiction in the circuit court was specifically
raised as an issue in the instant interlocutory appeal.
13
07619
The plaintiffs assert in the amended complaint that the students at issue are being
“deprived of adequate and equal education opportunities which will severely limit their life
options. . . .” While that might be thought to at least imply that plaintiffs are suing for a
4
failure to provide a “general, suitable and efficient system of free public schools,” the
amended complaint simply does not state that cause of action. Instead the complaint seeks
review of a decision of a state agency. Therefore, the discussion by the majority of Lake
View Sch. Dist. No. 25 v. Huckabee, 340 Ark. 481, 10 S.W.2d 892 (2000), is irrelevant. Lake
View concerned whether the public school system established by the General Assembly met
constitutional requirements. Whether the mandate in Lake View had been recalled has no
effect on the issues in this case.
Plaintiffs assert that “the State actions allowing or requiring the merger of the Marvell
and Elaine School Districts” are “arbitrary and capricious and in violation of the rules
established for merger by the State Board of Education.” According to plaintiffs, laws and
procedures adopted in 2004 are at issue. Thus, what is at issue is whether an administrative
agency reached the correct decision.
The Board of Education made a decision merging the school districts. The Board of
Education is an administrative agency, and any judicial review of that decision is governed
by the Administrative Procedures Act. See, e.g., Arkansas State Bd. of Educ. v. Purifoy, 292
Ark. 526, 731 S.W.2d 209 (1987). Under Ark. Code Ann. § 2515212 (b)(1) (Repl. 2002),
4
See Ark. Const. art. 14, §1.
14
07619
plaintiffs had thirty days from the date the decision of the Board was served to file a petition
5
in circuit court seeking judicial review of the decision. Service of the Board’s order was
made on March 21, 2006. The complaint was not filed until June 26, 2006. Even if we were
to consider the complaint as a valid petition under the Administrative Procedures Act, it was
not timely, and on that basis alone the case must be dismissed.
However, plaintiffs did not file a petition under the Administrative Procedures Act
and, as such, the suit is one against the State of Arkansas. Under article 5, section 20 of the
Constitution of Arkansas, the State shall never be made defendant in any of her courts.
Sovereign immunity is jurisdictional immunity from suit. Department of Human Servs. v.
Crunkleton, 303 Ark. 21, 791 S.W.2d 704 (1990). Plaintiffs’ remedy, if any, was under the
Administrative Procedures Act. The case must be dismissed.
5
Arkansas Code Annotated section 2515212(b)(1) (Repl. 2002) provides that the petition
must be filed within thirty days from service on the petitioner. Plaintiffs were not parties to the action
before the Arkansas State Board of Education and naturally were not served. However, the facts
show they had actual notice, and in any event, ninetyseven days passed from the date of service of
the order to the date that plaintiffs filed their complaint.
15
07619
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.