Court Filings concerning motion to release incentive school Kindergarten seats and four-year-old program seats, court proceedings on settlement agreement, and incentive schools

District Court, motion to release incentive school Kindergarten seats and four-year-old program seats; District Court, motion for extension of time; District Court, Pulaski County Special School District (PCSSD) motion to clarify the court's orders of June 15, 1993, and July 14, 1993; District Court, response of Pulaski County Special School District (PCSSD) to motion to intervene as defendants; District Court, separate response of the Pulaski County Special School District (PCSSD) to the answer of intervenor school districts to the second motion of the Pulaski County Special School District (PCSSD) to enforce settlement agreement with the state; District Court, Pulaski County Special School District (PCSSD) response to respondent Arkansas Department of Education's (ADE's) motion to dismiss or, in the alternative, for abstention; District Court, Pulaski County Special School District (PCSSD) brief in support of response to respondent Arkansas Department of Education's (ADE's) motion to dismiss or, in the alternative, for abstention; District Court, amendment and supplement to the second motion of the Pulaski County Special School District (PCSSD) to enforce settlement agreement with the state; District Court, three motions for extension of time; District Court, Little Rock School District's (LRSD's) response to Joshua's motion for implementation of recommendations of the Office of Desegregation Monitoring; District Court, Little Rock School District's (LRSD's) response to Joshua's motion for relief concerning incentive schools; District Court, memorandum brief in support of Little Rock School District's (LRSD's) response to Joshua's motion for relief concerning incentive schools and to Joshua's motion for implementation of recommendations of the Office of Desegregation Monitoring; District Court, Pulaski County Special School District (PCSSD) supplement to motion to modify desegregation plan dated July 30, 1996 The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION AUG ~ 1996 Office of Desegregation Moni1orm9 LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL DEFENDANTS INT ERVEN ORS INTERVENORS MOTION TO RELEASE INCENTIVE SCHOOL KINDERGARTEN SEATS AND FOUR-YEAR-OLD PROGRAM SEATS The Little Rock School District (LRSD), for its Motion To Release Incentive School Kindergarten Seats and Four-Year-Old Program Seats, states: 1. The LRSD engaged in vigorous recruitment efforts during the 1995-96 school year as it prepared for registration for the 1996-97 school year. Attached hereto as Exhibit I is a partial listing of those recruitment efforts conducted by the district. Additionally, the information contained in the district's quarterly program planning and budget document status reports and project management tools serve to supplement this listing . .. 2. Although the recruitment efforts yielded positive results, seats still remain vacant in the LRSD's four-year-old program as well as the kindergarten level in the incentive schools. 3. Taking into consideration the importance of reserving seats for the recruitment of white students, the LRSD made special efforts during the recruitment season to register as many new white students as possible into these programs. Since seats still remain vacant, LRSD submits that the vacant seats should now be released to black students who can benefit from the educational opportunities which will be provided. By doing so, the district is not retreating from its obligation to continue to vigorously recruit white students into the designated schools. Rather, the LRSD is merely recognizing the importance of disparity elimination through early childhood educational opportunities. 4. Attached hereto as Exhibit 2 is a copy of the LRSD fouryear- old assignments and kindergarten assignments for the 1996-97 school year as of July 10, 1996. 5. The LRSD will continue its vigorous recruitment efforts and will determine what adjustments are necessary and appropriate to ensure that the impact of this action on future year enrollments can be minimized to the greatest extent possible. WHEREFORE, the Little Rock School District moves the court for an order permitting it to release the vacant seats at the kindergarten level in incentive schools as well as the vacant seats at the four-year-old program sits as reflected by the attached exhibit; that it be awarded all legal and proper relief to which it may be entitled. btbyll.RSD-lac.Fau, 2 Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK 2000 First Commercial Building 400 West Capitol Street Little Rock, AR 72201 ( 501) 376-2011 Attorneys for Plaintiff Christopher He Bar No. 81083 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion To Release Incentive School Kindergarten Seats And Four-Year-Old Program Seats has been served on the following by depositing copy of same in the United States mail on this 1st day of August, 1996: Mr. John Walker JOHN WALKER, P.A. 172 3 Broadway Little Rock, AR 72206 Mr. Sam Jones WRIGHT, LINDSEY & JENNINGS 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm 401 West Capitol, Suite 504 Little Rock, AR 72201 Ms. Ann Brown - HAND DELIVERED Desegregation Monitor Heritage West Bldg., suite 510 201 East Markham Street Little Rock, AR 72201 bllQ,ILRSD-Inc.F..., 3 Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 bll,y\LRSO.lnc.Four 4 November 1, 1995 To: From: Re: JULY Nancy Acre, Director of Student Assignment Becky Rather & Essie Middleton, Parent Recruiters Recruitment Report, 1st Quarter, 95-96 Developed ad for Kid's Directory featuring Incentive Schools, CARE, 4-year-old program and registration dates. Met monthly with PTA Council. Mailed letter to all white students on 4-year-old waiting lists offering available seats. Mailed 84 letters to ministers, including registration flyer. Sent memo to principals about open house dates. Sent memo to principals listing upcoming recruitment dates and opportunities. Participated in PTA Summer Leadership conference discussing public relations and newsletters. AUGUST Worked with Pat Price to develop, typeset and print new generic 4-year-old brochure. Spent two days placing registration posters throughout city at grocery stores, housing projects, medical offices. Department of Human Services, etc. Put individual school recruitment plan outlines on disks and offered to all schools who requested them. (Some wanted to continue using hard copy outlines and a typewriter.) Participated in Governor's Press Conference proclaiming Arkansas Public School's Week. Met with Quapaw Realty. Participated in PTA Council pre-schoo,l workshop. Met with McKay Realty. Gathered and delivered Parent Involvement information to five incentive schools. Participated in booth on LRSD at African American Heritage Celebration at Philander Smith College. Met with new magnet coordinator and principal at Henderson on recruitment ideas. Met with Rightsell on setting up Parent Involvement. Held Open Houses in all schools. Met with Franklin on recruitment. SEPTEMBER Held brainstorming/planning sessions ~ith new Director of Student Assignment. Secured home owners association lists from City hall. Sent memo to Principals on recruitment training session. Met with Geyer Springs recruitment ream. Gathered lists of names of recruitment team members from each school. Worked with Connie Whitfield, Advocates for Children, in identifying target neighborhood with low parental involvement and Kids at risk. Mitchell Incentive was selected. Worked with Rector, Phillips, Morris Realtors. Worked with ReMax Realty. Worked with Winrock Development Company, (Real Estate Developers) Worked with Janet Jones Realty Participated in two meetings with Pulaski County Parents (one South and one North of the river.) Revised Recruitment Timeline Calendar. Julie Wiedower represented office in Magnet meeting. Recruitment training meeting with principals (especially new principals) and recruitment team leaders. Met with Washington recruitment meeting. Met with Dodd recruitment team. Met with Parkview recruitment team. Revised recruitment timeline calendar. Conducted tours for 21 families from July through September. - - Jan. 5, 1996 To: From: Re: Oct. 2 Oct. 3 Oct. 3 Oct. 5 Oct. 5 Oct. 6 Oct. 10 Oct. 11 Oct. 11 Oct . 12 Oct. 16 Oct. 16 Oct. 16 Oct. 17 Oct. 17 Oct. 17 Oct. 18 Oct. 18 Oct. 19 Oct. 19 Oct. 20 Oct. 23 Oct. 24 Oct. 25 Nov. 6 Nov. 6 Nov. 7 Nov. 7 Nov. 9 Nov. 9 Nov. 10 Nov. 10 Nov. 14 Nov. 14 Nov. 15 Nov. 21 Nov. 27 Nov. 27 Nov. 30 Nancy Acre, Director of Student Assignment Becky Rather, Essie Middleton, Parent Recruiters Recruitment activities, second quarter 95-96 Assist Henderson recruitment team Work with Incentive schools on reports due Work with Rector Phillips Morse Realty Participate in Arkansas Business Expo Work with Central recruitment team Assist Baseline recruitment team Attend PTA Council at Bale Attend program at Rockeferler Attend meeting on pre-registration brochure All individual school recruitment plans due Contact Connie Whitfield for parent involvement at Mitchell Meet with Booker recruitment team Meet with Rockefeller recruitment team Meet with Franklin recruitment team Assist Otter Creek recruitment team Assist Badgett recruitment team Meet with Dodd recruitment team Memo to principals requesting private school directories . Attend team meeting at McClellan Deliver information to McKay Realty Mail letters/ flyers to Neighborhood Associations. Assist Cloverdale Junior High team Assist Gibbs team Attend meeting with Mabelvale Jr. team Attend Henderson team meeting Assist Adkins, McNeill, Smith and Assoc. King recruitment team meeting Presentation to the "Good Ole Girls Ne.t work" Assist Rector Phillips Morse Realtors Meet with Washington Team Assist Adkins, McNeill, Smith and Assoc. Assist Rector Phillips Morse Realtors Attend PTA Council at Forest Park Meet with J.A . Fair recruitment team Bi-monthly recruitment survey due from all schools Evening meeting with 6th grade parents at Second Presbyterian Church. Assist Henderson recruitment team Assist Mann recruitment team Meet with Melissa Guildin, ODM Dec. 1 Dec. 1 Dec. 4 Dec. 5 Dec. 6 Dec. 7 Dec. 8 Dec. 12 Dec. 12 Dec. 13 Dec. 19 Presentation to Secretaries meeting on Magnet schools Assist Charlotte John realty Assist with two special tours at Mann Assist with two special tours at Forest Heights Assist with two special tours at Dunbar Assist with two special tours at Henderson Assist with two special tours at Pulaski Heights Attend PTA Council Washington Report to Biracial committee Assist Garland team Prepared Open House flyer for Garland Provided tours to 46 families during this quarter. June 3, 1996 To: From: Re: Nancy Acre, Director of student Assignment Becky Rather, Essie Middleton, Parent Recruiters Recruitment efforts for third quarter 95-96 Jan. 2 Held Registration training meetings with all school secretaries Jan. 8 Provided private school mailing labels to Magnet Review Committee, schools upon request. Jan. 9 Attend PTA Council at Mann Jan. 9 Participated in 6th grade recruitment for Junior High at Terry Jan. 9 Participated in 6th grade recruitment for Junior High at King. Jan. 12-13 Participated in Park Plaza Mall Show Jan. 15 Bi-Monthly recruitment survey due in from all schools. Jan. 16 encourage Jan. 16 the city. Mailed letters to all P-4s on waiting list to Kindergarten registration. Mail letters to churches and daycares throughout Jan. 16 Sent private school lists to all area schools. Jan. 16 Picked up PCSSD labels for incentive schools. Jan. 18 Held special tours for parents of 6th graders to Junior Highs. Jan. 19 Mailed 2,000 pre-registration brochures to private school students. Jan. 22 Open House, Incentive and Interdistrict Schools Jan. 22 Met with Early Childhood Advisory Committee. Provided pre-registration information and posters. Jan. 23 Presentation to Charlotte John Realtors Jan. 23 Mailed registration brochures to 25,000 LRSD households. Jan. 23 Presentation to HIPPY parents at McClellan Jan. 23 Open House, Elementary Magnets Jan. 24 Open House, Secondary Magnets Jan. 24 Assist Wilson School Recruitment teams. Jan. 24 Provide Assistance to Caldwell Banker Realtors Jan. 29-Feb. 2 CHECK US OUT WEEK! Jan. 29 Open House, Elementary Area Schools JAN. 29 Display posters throughout the city. Jan. 29 Assist Fair Park Recruitment Team Jan. 30 Open House Secondary Area Schools Jan. 30 Presentation to HIPPY Horne Visitors Jan. 31 Participated in Dunbar Recruitment Program Jan. 31 Display posters throughout the city in housing projects, grocery stores, day care centers, etc .. Feb. 1 Feb. 5 Iniervice Secretaries on pre-registration Pre-registration open through Feb. 16. Feb. 5 - Feb. 6 Feb. 12 Feb. 13 Feb. 14 Feb. 19 Feb. 19 Feb. 20 Feb. 27 Feb. 29 Mar. 1 Mar. 7 Mar. 11 Mar. 12 Mar. 12 Mar. 12 Mar. 14 Mar. 15 Mar. 26 Mar. 27 Provided quarter. Assist Caldwell Banker Realty Give Biracial report Meet with Wilson Recruitment Team Attend Open House at Metropolitan Assist Rainey Realty Participate in Early Childhood Meeting Attend Parent Involvement meeting Participate in PTA Founders Day program Speak at Bayou Mete in PCSSD Work with Mccaskell Realty Attend opening of Chicot School Parent Involvement meeting Participate in Early Childhood Fun Fest at King Attend PTA Council at Rockefeller Attend meeting of AllianFe for our Public Schools Attend program at Booker Assist national Early Childhood tour Rockefeller Bimonthly recruitment report due from all schools. Assist Wilson recruitment teams. Meet with Alliance for Our Public Schools 46 tours to individual families during this June 5, 1996 To: From: Re: Apr. 2 Apr. 3 Apr. 5 Apr. 9 Apr. 10 Apr. 1() Apr. 15 Apr. 15 Apr. 23 Apr. 24 Apr. 30 May 1 May 7 May 7&8 May 8 May 13 May 14 May 16 May 19 May 20 May 22 May 29 June 4 Nancy Acre, Director of Student Assignment Becky Rather, Essie Middleton, Parent Recruiters Fourth Quarter, 95-96, as of June 4, 1996 Recruitment report presented to Biracial committee Meet with Selma Hobby on obligations Notify 4-year-olds of assignments Attend PTA Council at Woodruff Assist Atkins, McNeil Realty . Attend meeting for Alliance for Our Public Schools Attend Early Childhood meeting Attend Parent Involvenent Meeting Participate in PBD audit Assist Rector Phillips Morse Realty Assist Dodd with recruitment Attend meeting for Alliance for Our Public Schools Assist Caldwell Banker Realty Show and Tell in all LR schools Provide 25 Realtor packets for Atkins, McNeil Attend Parent Involvement Meeting Attend PTA Council at Carver Attend reception at Mann HIPPY graduation Attend Early Childhood meeting Attend meeting for Alliance for Our Public Schools Assist Janet Jones Realty Make report to Biracial Committee Recruiters provided tours to 37 families during the first two months of this quarter. With each family the recruiters provide tours to an average of 3 to 4 schools, depending on the number cf children, grade levels, requests and time allowed. Most of our concentration is with residents moving into the city. Most local residents prefer to tour schools on their own time. LITTLE ROCK SCHOOL DISTRICT FOUR YEAR OLD ENROLLMENT 1996-97 Enrolled Waiting List / TOTAL 360 242 6021 118 59. 80% 870 58 LITTLE ROCK SCHOOL DISTRICT KINDERGARTEN ASSIGNMENTS AT INCENTIVE SCHOOLS 1996 -97 Enrolled Waiting Lis 18 18 .. :5i4s 36 18 36 720 SCHOOL BL NBL TLT Vacancies %BLACK BL NBL CAPACITY FRANKLIN 70 5 75 25 93.33% 21 0 100 GARLAND 22 4 26 14 84.62% 11 0 40 MITCHELL 27 1 28 12 96.43% 12 0 40 RIGHTS ELL 24 2 26 14 92.31% 15 0 40 ROCKEFELLER 29 28 57 3 50.88% 44 0 60 TOTAL 172 40 212 68 81 .13% 103 0 280 - - - - -- - - HERSCHEL H . FRIDAY C1122 1114J WILLIAM H . SUTTON, P. A . JAMES W. MOORE IYRON M . EISEMAN , JR., P. A . . BELL, P. A . C . ECHOLS , P. A . S A . BUTTRY, P.A . ERICKS . URSERY , P. A . H . T . LARZELERE, P. A . OSCAR E. DAVIS, JR ,, P. A. JAMES C. CLARK , JR ., P.A. THOMAS P. LEGGETT, P.A. JOHN DEWEY WATSON, P . A . PAUL 8 . BENHAM Ill. P. A . .,,.,,. LARRY W. BURKS , P.A. - A . WYCKLIFF NISBET, JR ., P.A . JAMES EDWARD HARRIS, P. A . J . PHILLIP MALCOM, P. A . JAMES M . SIMPSON, P. A. MEREDITH P. CATLETT , P.A . JAMES M . SAXTON, P.A . J . SHEPHERD RUSSELL 111, P. A . DONALD H. BACON, P. A . WILLIAM THOMAS BAXTER , P. A . WALTER A . PAULSON 11, P. A . BARRY E. COPLIN, P. A. RICHARD 0 . TAYLOR, P. A . JOSEPH 8 . HURST, JR ,, P. A . ELIZABETH ROBBEN MURRAY, P. A . CHRISTOPHER HELLER , P .A. LAURA HENSLEY SMITH , P. A. ROBERTS . SHAFER, P.A . WILLIAM M. GRIFFIN Ill , P .A . THOMAS N. ROSE, P . A . MICHAELS. MOORE, P. A . DIANE S . MACKEY , P. A . WALTER M . EBEL 111, P. A . KEVIN A . CRASS , P. A . WILLIAM A . WADDELL, JR ., P. A . FRIDAY, ELDR'EDGE & CLARK A PARTNERSHIP OF INDIVIDUALS AND PROFESSIONAL ASSOCIATIONS ATTORNEYS AT LAW 2000 FIRST COMMERCIAL BUILDING 400 WEST CAPITOL LITTLE ROCK, ARKANSAS 72201 -3493 TELEPHONE 601 - 3782011 FAX NO. 601-3762147 August 2, 1996 RECEIVED AUG_, 1996 Office of Dase . gresation Monitorin9 Hon. James W. McCormack Clerk of Court United States District Court Eastern District of Arkansas 600 W. Capitol, Suite 402 Little Rock~ AR 72201-3325 Re: Little Rock School District, et al vs. Pulaski County Special School District, et al USDC No. LR-C-82-866 Dear Mr. McCormack ! /; SCOTT' J , LANCASTER , P. A . M . QA/'ILE COPILEY , P . A . ROIERT I. BEACH , JR . , P.A. J . LEE BROWN, P .A . JAMES C . IAKER, JR . , P. A . HARRY A . LIOHT , P. A . SCOTT H . TUCKER , P . A . JOH.N CLAYTON RANDOLPH , P. A . OUY ALTON WADE , P . A . PRICE C , GARDNER , P . A . J . MICHAEL r!CKENS , P. A . TONIA P. JONES, P. A. DAVID D . WILSON . P. A . JEFFREY H . MOORE , P.A . ANDREW T . TURNER DAVID M . GRAF CARLA G . SPAINHOUR JOHN C . FENDLEY, JR. ALLISON OR AVES JOHANN C . ROOSEVELT R . CHRISTOPHER LAWSON GREGORY 0. TAYLOR TONY L. WILCOX FRAN C . HICKMAN 9ETTY J . DEMORY IARBARA J . RAND JAMES W. SMITH CLIFFORD W . PLUNKETT WILL BONO DANIELL. HERRINGTON ALLISON J. CORNWELL o, COUNIH WILLIAM J. SMITH 8 . S . CLARK WILLIAM L. TERRY, P. A . WILLIAM L. PATTON , JR ., P. A . un11 OlfllCT NO , (5011 370-3323 Enclosed herewith please find an original and three copies of the Little Rock School District's Motion for Extension of Time with regard to the above-captioned matter. Please file same and return a file marked copy to us. By copy of this letter we are serving all counsel of record. JCFjr/cf Enclosures cc: Mr. John Walker (w/encl.) Mr. Sam Jones (w/encl.) Mr. Steve Jones (w/encl.) Sincerely, John C. Fendley, Jr. Mr. Richard Roachell) (w/encl.) Ms. Ann Brown (w/encl.) Mr. Timothy G. Gauger (w/encl.) Hon. Susan Webber Wright (w/encl.) IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVIS-ION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 1996 RECEIVED t I ! AUG :5 1996 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL Off ice ot Desegregation Monitoring . ...:... -. DEFENDANTS ~ , , ~ .,. ..... MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL MOTION FOR EXTENSION OF TIME ~ .<1 ~ . - -.....~-,., INTERVENORS INT ERVEN ORS The Little Rock School District ("LRSD") for its Motion for Extension of Time states: 1. On August 1, 1996, LRSD was served with Joshua's Response to LRSD's Motion to End Federal Court Jurisdiction ("Joshua's Response"). Because of the issues raised in Joshua's Response, it is necessary for LRSD to prepare a Reply thereto. 2. Due to other obligations of counsel for LRSD, including LRSD's Response to the Motion of the Joshua Intervenors for Relief Concerning the Incentive Schools due August 9, 1996, LRSD needs additional time to prepare its Reply. Accordingly, LRSD respectfully requests that it be granted leave to file its Reply to Joshua's Response on or before August 30, 1996. 3. Based on statements made by the Court in recent hearings related to the Court's docket, it appears this matter will not be scheduled for a hearing in the near future. Thus, the additional time requested by LRSD should not result in any prejudice to Joshua or undue delay of these proceedings . WHEREFORE, LRSD prays that it be granted leave to file its Reply to Joshua's Response to LRSD's Motion to End Federal Court Jurisdiction on or before August 30, 1996. Respectfully Submitted, Christopher Heller John c. Fendley Jr. Friday Eldredge & Clark 2000 First Commercial B.ldg. 400 W. Capitol Little Rock, AR 72201-3407 Attorneys For LRSD B Bar No. 81083 2 I I , i i .' CERTIFICATE OF SERVICE I certify that a copy of the foregoing motion has been served on the following peo~l~ by depositing copy of same in the United States mail on this-~- day of August, 1996. Mr. John W. Walker JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Sam Jones Wright, Lindsey & Jennings 2200 Worthen Bank Bldg. 200 W. Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Mr. Richard Roachell Mr. Travis Creed Roachell Law Firm First Federal Plaza 401 West Capitol, Suite 504 Little Rock, AR 72201 Ms. Ann Brown Desegregation Monitor Heritage West Bldg., Suite 510 201 East Markham Street Little Rock, AR 72201 Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 Cistopher Heller 1 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. PULASKI COUNTY SPECIAL SCHOOL DISTRIG--T---l:JO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. ij,O .. LR-C-82-866 AUG 2 1996 ~ : f'0,,,.,., Office of Desegregation Mornionuv PCS SD MOTION TO CLARI,B.Y-.!r,HE--,C..Q~'l'..-~)L 9~~RS OF JUNE 15, 1993 AND JULY 14, 1993 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS On June 15, 1993 the Court approved the District's proposed restructuring of its bonded indebtedness and on July 14, 1993, the Court approved the District's plan for its early retirement incentive program. By approving the motions, the Court likewise approved the District's establishment of its desegregation contingency fund designed to help the PCSSD survive the loss of state settlement monies. The stream of payments from the State expired during the 1995-96 school year. In each order, the District Court included language, as requested by the PCSSD, exempting the savings from certain teacher salary requirements under Act 34. Act 34 was declared unconstitutional in the Lake View case and it was replaced with Act 917 of 1995 which contains new and different requirements concerning teacher salaries, including an amendment to the minimum salary law. By this motion, the PCSSD seeks clarification as to whether and to what extent the 1993 orders 1 - should exempt the savings generated by the Court approved plans from the operation of the new Act 917. The savings It is reasonably clear that the savings generated from these two court approved programs are earmarked substantially, it not exclusively, for the District's desegregation activities. It is reasonably clear that the Court did not intend for these savings to be used for increases in teacher salaries and it is reasonably clear that the District told the Court in 1993 that they would not be used to fund increases in teacher salaries. The savings are nonrecurring revenues and the District Court has admonished all three school districts against using nonrecurring revenues to fund recurring expenses. The New Law Ark. Code Ann. 6-17-1001 is the minimum base salary law as enacted by the Arkansas Legislature. Section 8 of Act 917 of 1995 amended the statute to require a minimum salary of $20,000 for employees holding a bachelor's degree with no experience and $23,000 for employees holding a master's degree and no experience. The Act further specified minimum salaries for these categories for each year ranging up to employees with 14 years or more experience. Further, the Act specifies minimum increments of $400 annually for teachers with between one and thirteen years of experience. If the PCSSD were to literally comply with these new statutory requirements, it would require an expenditure during 2 - 1996-97 of approximately $1,375,000 in additional funds for an average across the board raise for certified teachers only of 2.84%. The minimum salary law was part of Act 917, the principal feature of which was to provide the new state funding program to replace the system declared as unconstitutional in the Lake View case. Dr. Benny L. Gooden in his paper "Arkansas School Funding Plan, An Analysis and Opinion", dated June, 1996, has observed as regards these provisions that: In most cases, Act 917 expenditure requirements appear to be the result of a mathematically derived assumption regarding the level of expenditure which may be appropriate to support certain purportedly desired activities. Unfortunately, there is probably little sound or reasonable basis for the expenditure levels which are contained in the act. Analysis at page 25. When the distribution of revenue earmarked for salaries was not part of the final provisions in the act, an expenditure requirement of the type found in Act 917 was retained. It is clearly inappropriate and will prove problematic if not impossible to evaluate for many school districts. In its present form, the provision is virtually meaningless and certainly bears no relationship to its purported purpose. It is clear that the salary provisions contained in this act are based upon objectives other than the equitable distribution of school funds and appear to transcend reason in an attempt to restrict the ability of local school districts in managing revenues and expenditures. Analysis at page 26. 3 The History On April 1, 1993, the PCSSD filed its motion seeking the court's approval of its early retirement program and a major restructuring of its bonded indebtedness. That motion stated at page 8 that: PCSSD needs to shield the savings in column 4 from the 56% clause in Act 34. It needs to use these savings instead as an additional source of funds to help compensate for the loss of settlement funds. At page 9 of the motion, the PCSSD promised the Court that: The money from the early retirement program and the savings from restructuring of the debt would be placed in a desegregation contingency fund to help PCSSD survive the loss of the settlement monies. on June 28, 1993, the PCSSD submitted a business case to the Court in support of the early retirement program headed: - "Program Analysis for the Early Retirement Incentive Program". The opening paragraph of the analysis stated in part that: The Early Retirement Incentive Program is designed to reduce personnel costs to reduce recurring expenditures. In its "Forcefield Analysis" section of the Business Case, the PCSSD first noted who the forces would be that would support the plan. In discussing the forces which might oppose the plan, the PCSSD observed to the Court that: Some employees may oppose the plan to the extent that it precludes application of the savings to salary increases. The District Court approved the PCSSD plan to refinance its current bonded indebtedness on June 15, 1993. In that order, the Court found that: " the savings the PCSSD realizes from 4 - refinancing are exempt from the new revenue requirements of 1983 (Ex. Sess.) Ark. Acts 34; Ark. Code Ann. S 6-20-301, et seq. The District Court approved the early retirement incentive program on July 14, 1993 and likewise exempted the savings to be realized from it from the same statutory provisions. The clear import of this exemption is to restrict the PCSSD's use of those savings and to protect them from the operation of Act 34 which required that 56% of "new revenues" be paid out as teacher salaries. Of course, the Arkansas Legislature has replaced Act 34 with Act 917 of 1995. While Act 917 no longer contains the 56% "new revenue" provision, it has replaced that with different directives regarding the proportion of State aid that must be paid toward teacher salaries and has further amended the minimum - salary law to impose the new unfunded mandates as described above. Requested Relief To the extent that Act 917 should now be substituted for Act 34 as specified in the June 15, 1995 and July 14, 1995 orders, the PCSSD seeks the Court's clarification as to the effects of Act 917 upon the "savings" which the PCSSD has realized and has segregated. WHEREFORE, the PCSSD prays for an order of this court amending and/or clarifying the June 15, 1993 and July 14, 1993 orders given the passage of Act 917 of 1995. 5 Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Avenue Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 --..---7 ,,,---; ( ~ By ~'; 7 . . _,~-'(___ ~ M. Samuel Jones II (76060) Attorney , for Pulaski County s~~~School District CERTIFICATE OF SERVICE On August __2-_-- , 1996, a copy of the foregoing was served by U.S. mail on the following persons: Mr. John w. Walker John W. Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Christopher Heller Friday, Eldredge & Clark 400 w. Capitol, Suite 2200 Little Rock, Arkansas 72201 Mr. Stephen w. Jones 425 West Capitol, Suite 3400 Little Rock, Arkansas 72201 Mr. Richard w. Roachell Roachell and street First Federal Plaza 410 w. Capitol, suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323Center Street, Suite 200 Little Rock, Arkansas 72201 Ms. Ann Brown ODM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 M. Sam el )Jones _, I I : __ / 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. BLYTHEVILLE SCHOOL DISTRICT; BRYANT SCHOOL DISTRICT; FORT SMITH SCHOOL DISTRICT; WEST MEMPHIS SCHOOL DISTRICT; ALTUS-DENNING SCHOOL DISTRICT; ASHDOWN SCHOOL DISTRICT; BARTON-LEXA SCHOOL DISTRICT; BATESVILLE SCHOOL DISTRICT; BIGGERS-REYNO SCHOOL DISTRICT; BLACK ROCK SCHOOL DISTRICT; BRIGHT STAR SCHOOL DISTRICT; BRINKLEY SCHOOL DISTRICT; PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS AUG 2 1996 CENTERPOINT SCHOOL DISTRICT; CLARENDON Off SCHOOL DISTRICT; COTTON PLANT SCHOOL DISTRICT; lCS of Dasegregaticn Monitoring CUTTER MORNING STAR SCHOOL DISTRICT; - ~- -- DEWITT SCHOOL DISTRICT; DOLLARWAY SCHOOL DISTRICT; --~.-- ~ ,,. ~... .,....,. ..,_, ~ FOREMAN SCHOOL DISTRICT; FOUNTAIN LAKE SCHOOL DISTRICT; GILLETT SCHOOL DISTRICT; GLEN ROSE SCHOOL DISTRICT; GUY-PERKINS SCHOOL DISTRICT; HOXIE SCHOOL DISTRICT; JONESBORO SCHOOL DISTRICT; KIRBY SCHOOL DISTRICT; LAVACA SCHOOL DISTRICT; LEWISVILLE SCHOOL DISTRICT, MAGAZINE SCHOOL DISTRICT; MALVERN SCHOOL DISTRICT; MAMMOTH SPRING SCHOOL DISTRICT; MANILA SCHOOL DISTRICT; MAYNARD SCHOOL DISTRICT, NORTHEAST ARKANSAS SCHOOL DISTRICT; ODEN SCHOOL DISTRICT; OZARK SCHOOL DISTRICT; PLAINVIEW-ROVER SCHOOL DISTRICT; POCAHONTAS SCHOOL DISTRICT; PRAIRIE GROVE SCHOOL DISTRICT; SOUTH CONWAY SCHOOL DISTRICT; SPRING HILL SCHOOL DISTRICT; STAMPS SCHOOL DISTRICT; STEPHENS SCHOOL DISTRICT; TURRELL SCHOOL DISTRICT; VAN BUREN SCHOOL DISTRICT; WARREN SCHOOL DISTRICT; WATSON CHAPEL SCHOOL DISTRICT; WEST FORK SCHOOL DISTRICT; WHITE HALL SCHOOL DISTRICT; WINSLOW SCHOOL DISTRICT; WONDERVIEW SCHOOL DISTRICT; and YELLVILLE-SUMMIT SCHOOL DISTRICT RESPONSE OF PCSSD TO MOTION TO INTERVENE AS DEFENDANTS 1 INTERVENORS The Pulaski County Special School District ("PCSSD") for its response to motion to intervene states: 1. While the PCSSD could assert significant objections to and grounds to defeat the motion to intervene, it has elected to waive them. Accordingly, the PCSSD interposes no objection to the motion to intervene. WHEREFORE, the PCSSD prays for an order of this Court which simultaneously grants the motion to intervene, designates the intervening districts as full-time defendants in this action, and which subjects the intervening defendants as appropriate to the outstanding and future orders of this Court. Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Avenue Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 By ___ ?"-_,,.----+--------- M. (76060) At ski County Sp col District 2 CERTIFICATE OF SERVICE On Au