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DOLLARWAY TO PAY $150,000 IN LAWSUIT SETTLEMENT

By Larry Fugate/Special to The Commercial
Wednesday, March 11, 2009 10:21 AM CDT

The Dollarway School District will pay $150,000 to settle a lawsuit filed against the former Altheimer Unified School District prior to Altheimer merging with the Dollarway district in July 2006.

Under the terms of the settlement, approved by Dollarway’s schoool board Tuesday evening, Louise Bailey and her son, Calvin Ray Allen Jr., must receive $50,000 by March 20, then four annual payments of $25,000 beginning Jan. 1.

The original lawsuit, filed in U.S. District Court for the Eastern District of Arkansas, named the Altheimer district, former superintendent William Thomas, former special education supervisor Lynn Wood and former principal Clausey Myton as defendants.

Bailey maintained her son was denied due process and failed to receive an education at Altheimer.

Under the terms of the settlement, Bailey and her son will file a motion with the court to dismiss the lawsuit with prejudice, meaning it can’t be refilled. An attorney’s fee due state Rep. Stephanie Flowers of Pine Bluff, who originally represented the two plaintiffs, will also be paid by the Dollarway district.

Dan Bufford, an attorney representing the Dollarway district, recommended settling the lawsuit, which was scheduled to go to trial March 30. Robert Morehead, a school board member and an attorney concurred, explaining that a large jury verdict could place the Dollarway district in fiscal distress.

In other business Tuesday, the board:

  • Formally authorized a $7.64 million bond issue to retire bonds approved by district patrons in 2003. The refunding issue, with an interest rate of 4.47 percent, was approved in a March 2007 millage referendum. The latter is facing a court challenge. The district will receive slightly more than $20,000 in surplus funds from the latest bonds, which can be applied to construction of a new middle school.

  • Heard a report from Superintendent Thomas Gathen that construction of the middle school should begin late this month or in early April.

  • Voted to name the new school in honor of Morehead, who has been associated with the Dollarway district for some three decades.

  • Voted following an executive session to accept the retirement of Elaine Felsman, district nurse, and the resignation/retirement of Herbert Harris, middle school principal, to rehire five district employees, including Pam Winkler, district treasurer.

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