Rome City Schools can't use a desegregation order to prevent students from switching to higher performing schools, a Georgia Department of Education spokeswoman says.

Last week, Superintendent Larry Atwell said students attending Rome schools listed as failing by the Georgia Department of Education - Anna K. Davie and Southeast elementaries - will have to continue to attend those schools because of a 1969 federal desegregation court order.

The schools were listed as failing earlier this year because their standardized test scores didn't improve after the 1999-2000 school year.

Atwell said several parents have been contacting his office about possibly switching schools.

Under the federal No Child Left Behind Act, if a school does not meet performance standards for two years in a row, parents can choose to send their children to higher performing schools in the district, with the school system paying transportation costs.

Sarah Abbott, director of media relations for the Georgia Department of Education, said the city is breaking the law by not complying with the act.

"They can't use that as an excuse. The school system has to make arrangements to provide school choice," she said.

According to a June 14 letter from Rod Paige, U.S. Secretary of Education: "A school district that is subject to a desegregation plan ... is not exempt from the public school choice requirements ... If a desegregation plan forbids the school district from offering any transfer option, the school district should secure appropriate changes to the plan to permit compliance with the public school choice requirements."

Atwell said Monday the school board is looking at options.

Alvin Jackson, president of the Rome chapter of the NAACP, said the school board has had plenty of time to come up with a plan but has not cooperated.

"We're very concerned," Jackson said. "So far we've been totally shut out by the school board. We feel that they're not giving us true answers."

Jackson said he has contacted the U.S. Justice Department. Attempts to contact an official with the Justice Department were unsuccessful Monday.