ARKANSAS ST. BD. O F EDUC.
526 v. PURIFOY [292 Cite as 292 Ark. 526 (1987) ARKANSAS STATE BOARD OF EDUCATION, et al. v. Hon. Philip B. PURIFOY, Chancellor, et al. 87-166 731 S.W.2d 209 Supreme Court of Arkansas Opinion delivered June 22, 1987 1. APPEAL & ERROR — APPEALS FROM STATE BOARD OF EDUCATION ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT. — An
ARKANSAS ST. BD. OF EDUC. ARK.] V. PURIFOY 527 Cite as 292 Ark. 526 (1987) appeal from the Arkansas State Board of Education is an appeal from a decision by an administrative agency and is therefore governed by the Administrative Procedures Act, Ark. Stat. Ann. § 5-701 through § 5-715 (Repl. 1976 and Supp. 1985). 2. SCHOOLS & SCHOOL DISTRICTS — APPEAL FROM DECISION OF STATE BOARD OF EDUCATION. — The Quality Education Act of 1983 provides appeals from rulings of the State Board of Education may be made to a court of competent jurisdiction. [Ark. Stat. Ann. § 80-4606.] 3. COURTS — APPEALS FROM THE STATE BOARD OF EDUCATION DECISIONS SHOULD BE TAKEN TO THE CIRCUIT COURT. — Appeals from the decisions of the State Board of Education should be taken to the circuit court, not the chancery court. Petition for Writ of Prohibition; granted. Steve Clark, Att'y Gen., by: C. Randy McNair, III, Asst. Att'y Gen., for appellant. Smith, Stroud, McClerkin, Dunn & Nutter, by: Hays McClerkin, for appellee. PER CURIAM. [1I] A Writ of Prohibition is granted. The action filed by the Bright Star Independent School District in the Chancery Court of Miller County is an appeal from a decision by an administrative agency, the Arkansas State Board of Education. Such appeals are governed by the Administrative Procedure Act, Ark. Stat. Ann. § 5-701 through § 5-715 (Repl. 1976 and Supp. 1985). [2, 3] The Quality Education Act of 1983 provides appeals from rulings by the State Board of Education may be made to a "court of competent jurisdiction." Ark. Stat. Ann. § 80-4606. We deem that court to be the circuit court. See § 5-713(b)(1). Therefore the chancery court does not have jurisdiction to entertain this suit. Writ granted.
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