ACLU: It’s Unconstitutional for Kirkwood, Mehlville to Limit Transfer Student Acceptance

The group sent letters to Kirkwood and Mehlville School superintendents on Friday, and posted said letter online, stating that if the districts don’t have space for all the students who have applied they need to make space.

Last week the Mehlville Superintendent Eric Knost said his district could only accept up to 218 transferring students.

Soon after, Kirkwood superintendent Dr. Tom Williams said they only have enough room for up to 175 students.

“School districts cannot arbitrarily refuse to accept students, as Kirkwood and Mehlville have done,” said Tony Rothert, legal director of the ACLU-EM in a statement on the situation. “The ACLU’s mandate is to keep government entities from improperly limiting or restricting the constitutional rights of students and their parents.

"We are available to help people enforce the law and look forward to hearing from families who want to see this happen.”

Jeffrey Mittman, the ACLU-EM’s executive director said under current law the Missouri Supreme Court is imposing, districts can’t limit the number of transferring student, create deadlines or use a lottery system.

“The ACLU understands the issues of education and funding of schools in Missouri are complex and often thorny, but the right to education is paramount,” he said. “All children, regardless of their race, where they live, or the income level of their parents, deserve a quality education.

"Without one, they lose the ability to develop to their full potential and contribute as citizens of Missouri.”

Should transfer students continue to be turned away due to classroom size restrictions, the ACLU wrote in its letter a lawsuit is a possibility; and asks for an immediate resolution.

Just about 300 Riverview Gardens and Normandy transfer students participated in a second lottery on Monday to determine where they will attend school after they weren't selected for their school of choice in the lottery system due to classroom size.

Transfer student parents can contact the ACLU at (314) 652-3111 with any questions.

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