Arkansas State Board of Education v. Purifoy, 292 Ark. 526, 731 S.W.2d 209 (1987)

June 22, 1987 · Arkansas Supreme Court · 87-166
292 Ark. 526, 731 S.W.2d 209
ARKANSAS STATE BOARD OF EDUCATION, et al. v. Hon. Philip B. PURIFOY, Chancellor, et al.

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

*527 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.

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).

The Quality Education Act of 198 3 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.