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FORREST CITY, Ark. — It will be up to Arkansas Circuit Court Judge Richard Proctor to decide if the Hughes School District will be forced to consolidate with the West Memphis School District.

It’s scheduled to happen July 1, but  people in Hughes said they want to keep their system separate.

The state cited declining enrollment as the main reason for closing the school system.

“These kids don’t have a choice. They go where the bus takes them. And if they miss the bus, they don’t go anywhere. And that’s just the life they’re going to have to live,” said Attorney James Valley.

With a courtroom full of concerned parents and community members, Attorney Valley argued for keeping Hughes’ schools from being closed.

Kendra Clay, Staff Attorney for the Arkansas Department of Education, said the state’s decision was based on declining student population at Hughes.

“In the 2012-2013 school year they had an average daily membership of 348.07 students. In 2013-2014 school year, they had an average daily membership of 344.52 students. Both those numbers are below 350,” said Attorney Clay.

But Attorney Valley argued the guidelines for student population,  established under Act 60, were  changed in 2015.

He also said the school system is entitled to apply for waiver from consolidation with West Memphis.

“We have disputed the number 350 in terms of ADM, average daily membership, for the Hughes School District in the year 2013-2014. And until they get beyond that point, they don’t have substantial evidence to go forward with the consolidation anyway,” said Valley.

Another issue involved Hughes’ “fiscal distress” status following a state audit.

Attorney Valley said Hughes has worked to correct the problems and was far from “fiscally distressed.”

“We’ve gone from coding errors of about a $1 million to coding errors of about $16 hundred over the course of this two-year period,” he said.

Now it’s up to Circuit Judge Richard Proctor.

But Doretha Fuller, who has two kids in the Hughes School District, said she hopes they won’t have to be bused to West Memphis.

“When they get sick you’re not going to be able to go back and forth to get them. So it’s close enough to be right here where I’m at,” said Fuller.

Judge Proctor’s decision could come this week.