LOUISVILLE, KY (WAVE) - A hearing date has been set to hear the latest complaint against the JCPS student assignment plan.
On July 12, attorneys Byron Leet and Ted Gordon appeared before Jefferson Circuit Judge Irv Maze. Gordon added four plaintiffs to a lawsuit filed in June by Scott Arnold, the parent of a JCPS student. Leet, who represents JCPS and the school board, filed a motion to dismiss that complaint.
In the lawsuit, Arnold claims his 5-year-old son applied to attend Jeffersontown's Cochrane Elementary School this fall and received a school assignment for Engelhard Elementary in downtown Louisville. Gordon represents Arnold and previously described the commute as more than an hour away and he cited Kentucky law to make his case.
"This lawsuit is based on KRS 159.070 state statute which mandates that parents or guardians are allowed to send their child to the closest school in that school district," Gordon said.
Gordon and Leet disagree on the interpretation of the Kentucky Revised Statute.
"The language that Mr. Gordon is latching onto in this case is language that says that the parents have the right to enroll a child in a particular school," said Leet. "That language does not mean as our motion points out, does not mean that those children have the right to attend that school. The statute previously used the word attendance but that word is no longer in the statute, there's a reason why it's not in there."
A hearing is scheduled for August 5 at 10 a.m.