District Court, notice of filing, Office of Desegregation Monitoring report, ''Racial Composition of the Certified Staff in the Secondary Schools and the Administrations in the Central Office of the Pulaski County Special School District (PCSSD)''; District Court, order; District Court, Office of Desegregation Monitoring budget for 1997-98 and 1998-99; District Court, notice of process for assessing the equitable allocation of resources; District Court, order; District Court, Pulaski County Special School District (PCSSD) motion for summary judgment as to the Little Rock School District (LRSD); District Court, brief in support of Pulaski County Special School District (PCSSD) motion for summary judgment as to the Little Rock School District (LRSD); District Court, Pulaski County Special School District (PCSSD) statement of material and undisputed facts; District Court, affidavit of Donald Stewart; District Court, notice of filing, Arkansas Department of Education project management tool; District Court, objection to proposed Office of Desegregation Monitoring budget and motion for enlargement of time; District Court, Arkansas Department of Education's response to Pulaski County Special School District's (PCSSD's) objection to proposed Office of Desegregation Monitoring budget and motion for enlargement of time; District Court, order; District Court, Little Rock School District's (LRSD's) response to Pulaski County Special School District's (PCSSD's) motion for attorneys' fees, prejudgment interest, and postjudgment interest as respects the pooling issue  The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors.  FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS JUN O 31998 JAMES W McCORMACK, CLERK  B RACIAL COMPOSIDON OF~ DEP. CLERK CERTIFIED STAFF IN THE SECONDARY SCHOOLS AND THE ADMINISTRATORS IN THE CENTRAL OFFICE OF THE Ann S.Brown -., Federal Monitor PULASKI COUNTY SPECIAL SCHOOL DISTRICT June 3, 1998 Office of Desegregation Monitoring United States District Court Little Rock, Arkansas Horace R. Smith Associate Monitor a-,~- , FILED U.S. DISTRICT COURT EASTERN DISTRICT ARl<ANSAS IN THE UNITED STATESTIISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ,JUN O 8 1998 JAMES r McCQRMACK, CLERK By: \_ ' ~ \,L ) y'--1...::::-.. LITTLE ROCK SCHOOL DISTRICT, Plaintiff, vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al., Intervenors. * * * * * * * * * * * * * ORDER No. LR-C-82-866 OEP CLER!( '--. RECEIVED JUN 9 1998 OFFICE OF DESEGREGATION MONITOR/NB The Court has received the proposed 1998-99 budget for the Office of Desegregation Monitoring. See attached letter and budget document. The parties may file any objections to the proposed budget within fifteen (15) calendar days from the entry of this Order. IT IS SO ORDERED THIS ,f ji'aay of June 1998. ~ n:~~$ UNITED ST ATES DISTRIC JUDGE rHIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPLIANCE WITtl-,RULE 58 AND/OR 79(a) FRCP ON ~/S/2~ ~-~~---- Office of Desegregation Monitoring United States District Court  Eastern District of Arkansas - ------'----- ---- - Ann S. Brown, Federal Monitor June 4, 1998 The Honorable Susan Webber Wright U.S. District Court, Eastern District of Arkansas  Little Rock, AR 72201 Dear Judge Wright: 201 East Markham, Suite 510 Heritage West Building Little Rock, Arkansas 72201 (501) 376-6200 Fax (501) 371-0100 The ODM budget for two years, 1997-98 and 1998-99, is attached for the parties' review and your approval. Although the budget is for two years, its format follows that of previous years, including annotation to explain revenue calculations; budget category definitions; budgeted and actual expenses by category for 1996-97; budgeted and estimated expenditures by category for 1997-98; and budgeted expenditures by category for 1998-99. Note that the 1997-98 budget is slightly less than that of the previous year, and that the 1998-99 budget is only a 2. 9% increase over that of each of the previous two years. Salary increases for ODM staff are 3.29% per year, which is the prevailing annual experience step increase on the three local districts' salary scales. Again, I have chosen not to accept an increase in salary. We have contained our expenditures such that they are below the projected annual budgets. As is our practice, we credit that difference proportionately to each of the school districts according to their pro-rated contributions to our annual budgets. If you or the parties should need any additional information, I will be happy to provide it. Sincerely yours, Ann S. Brown - OFFICE OF DESEGREGATION MONITORING 1997-98 AND 1998-99 BUDGETS I REVENUE 1996-97 1996-97 1997-98 1997-98 1998-99 BUDGET ACTUAL BUDGET ESTIMATED BUDGET State of Arkansas 200,000.00 200,000.00 200,000.00 200,000.00 200,000.00 LRSD 223,889.00 223,889.00 206,811 .00 206,811 .00 218,671 .00 Credit (see note below) 19,197.00 19,197.00 37,265.00 37,265.00 35,083.00 NLRSD 80,121.00 80,121 .00 74,917.00 74,917.00 80,765.00 Credit (see note below) 6,870.00 6,870.130 13,500.00 13,500.00 12,958.00 PCSSD 184,831.00 184,831 .00 167,958.00 167,958.00 175,935.00 Credit (see note below) 15,848.00 15,848.00 30,265.00 30,265.00 28,227.00 Interest 6,404.29 6,400.00 "'' c: ::{" '2 '' {: ;;;::: ::,,,=: :{?: t :::::JidijffiiboJH:: :t:'i~trni ;i ::t:lliij;lti:ltl I:i::: :i;:: :~atliii!rio :: 1::1.~l[~IJ1ti l Note: Evel'f budget cycle, ODM credits each district a pro rata proportion of the 411spent amount of the previous year's budget. We apply this amount toward the current budget allocation. See annotated budget. EXPENDITURES 1996-97 1996-97 1997-98 1997-98 1998-9~1 BUDGET ACTUAL BUDGET ESTIMATED BUDGE - Communications 7,870.00 8,433.41 8,500.00 9,172.00 9,180.00 Dues and Fees 3,300.00 3,785.00 3,800.00 3,210.00 3,300.00 Equipment 14,1 59.00 14,143.75 785.00 780.00 6,339.00 Food Services 250.00 129.00 200.00 149.00 200.00 Management Services 3,000.00 0.00 1,500.00 0.00 1,500.00 Periodicals 500.00 350.91 400.00 390.00 400.00 Printinq and Bindinq 6,000.00 5,449.33 6,000.00 4,689.00 6,000.00 Prof. and Tech. Services 28,497.00 2,861 .25 26,497.00 1,308.00 26,497.00 Rent 48,417.00 48,417.00 49,883.00 49,883.00 50,917.00 Repairs and Maintenance 1,500.00 897.59 1,500.00 460.00 1,500.00 Resource Library 500.00 579.26 500.00 115.00 500.00 Salaries 468,904.00 450,464.40 481 ,145.00 455,145.00 492,614.00 Benefits 120,109.00 96,948.15 122,436.00 114,285.00 125,122.00 Staff Development 1,000.00 996.50 1,000 00 1,243.00 1,000.00 Suoolies 7,750.00 7,481 .16 7,750.00 7,634.00 7,750.00 Travel 19,000.00 14,373.96 18,000.00 11 ,565.00 18,000.00 Insurance 820.00 820.00 820.00 820.00 - :;.:,:,:::.:::::;:,::::'.::::::-::: ,:,:::::=::::::::::::::::::: ;.:,=::,:::::::;::::::::::=:::::::::::::::::::::::::::c:::=: ::::::t~dltl:!a::: t::ii~IB~I\I : ANNOTATED ODM BUDGET FOR 1997-98 AND 1998-99 'REVENUE - The Court's Interim Order of June 27, 1989 required that: ... [T]he amount previously ordered for the Pulaski County Educational Cooperative (Co-op) [$200,000.00] shall be applied toward the budget of the office of the Metropolitan Supervisor... The balance of the budget will be apportioned among the school districts on a per pupil basis ... Eighth Circuit Order of December 12, 1990: .. . [T]he office previously known as the Office of the Metropolitan Supervisor will be reconstituted as the Office of Desegregation Monitoring ... 1997-98 Budget: 10/1/97 'It of Total 1997-98 Budget 1996-97 Credit (Budget 1997-98 Budget Enrollment Enrollment Allocation  not spent) Pavment LRSD 24,985 45.99 244,076.00 37,265.00 206 811.00 NLRSD 9,053 16.66 88,417.00 13,500.00 74,917.00 PCSSD 20,295 37.35 198,223.00 30,265.00 167,958.00 State of AR 200,000.00 200 000.00 Total 54,333 100.00 730,716.00 81 ,030.00 649,686.00 1998-99 Budget 10/1/98 'lo of Total 1998-99 Budget 1997-98 Estimated Credit 1998-99 Estimated Enrollment Enrollment Allocation IBudoet not soentl Budoet Pavment LRSD 24,886 46.00 253,754.00 35,083.00 218,671 .00 NLRSD 9,192 16.99 93,723.00 12,958.00 80 765.00 PCSSD 20,024 37.01 204,162.00 28,227.00 175,935.00 State of AR 200,000.00 200,000.00 Total 54,102 100.00 751 ,639.00 76,268.00 675,371 .00 Note: Because the 1998-99 budget is being filed before the current year expenditures are finalized, the 1997-98 credit and the 1998-99 budget payment are estimated. After the close of the 1997-98 year, we will notify each district of the exact amount due for their share of ODM's 1998-99 budget, incorporating each district's exact credt Described below is the step-by-step process, reflected in the charts above, that we used to determine each district 's contribution to ODM's budgets: 1. The State of Arkansas' contribution ($200,000.00) is subtracted from ODM's total budget. 2. Based on the previous year's October l enrollment, the districts are charged their pro rata share of ODM's budget (minus the state's contribution). 3. Each district is credited with its pro rata share (or estimated share) of ODM's unspent budget for the previous year. 4. Each district contributes that sum to ODM' s budget or, if the credit has been estimated, each district will be notified at the close of the current fiscal year of the exact amount due for their share of ODM' s budget. Page 2 EXPENDITURES Note: Definitions of expense categories are based on the Arkansas School Financial Accounting Manual. The estimated expenditures for 1997-98 are based on eleven months of actual expenditures. Communications: Services provided by persons or businesses to assist in transmitting and receiving messages or information. This category includes telephone services as well as postage machine rental and postage. _ 1996-97 Budget 1996-97 1997-98 Budgeted Expenditures Amount 7,870.00 8,433.41 8,500.00 1997-98 Estimated Excenditures 9,172.00 1998-99 Budgeted Amount 9,180.00 Expenditures that exceeded the 1997-98 budget were due to adding a phone line for Internet communications and upgrading to an electronic postage meter, as required by the U.S. Postal Service. Dues and Fees: Expenditures or assessment for membership in professional or other organizations or associations or payments to a paying agent for services provided, such as conference registration fees. 1996-97 Budaet 3,300.00 1996-97 Exoenditures 3.785.00 1997-98 Budgeted Amount 3.800.00 1997-98 Estimated Exoenditures 3,210.00 1998-99 Budgeted Amount 3.300.00 Equipment: Expenditures for the initial, additional, and replacement items or equipment, such as furniture and machinery. 1996-97 Budqet 14,159.00 1996-97 1997-98 Budgeted Expenditures Amount 14,143.75 785.00 1997-98 Estimated Expenditures 780.00 1998-99 Budgeted Amount 6.339.00 To store the voluminous records that have accumulated in the desegregation_ case and ODM operations, we will use CD's to preserve and catalog them. Therefore, we will purchase a high volume scanner and two new computers, one with a CD read-and-write drive, and the appropriate software. We also plan to replace our aging fax machine with a plain paper fax. Page 3 Food Services: Expenditures for food or preparation and serving of food, which may include catering. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-99 Budgeted Budaet Expenditures Amount Expenditures Amount 250.00 129.00 200.00 149.00 200.00 Management Services: Services performed by persons qualified to assist management either in the broad policy area or in general operations. This category includes consultants, individually or as a team, to assist the chief executive in conference or through systematic studies. 1996-97 Bud et 3,000.00 1996-97 1997-98 Budgeted Ex enditures Amount 0.00 1,500.00 1997-98 Estimated Ex nditures 0.00 1998-99 Budgeted Amount 1,500.00 Periodicals: Expenditures for periodicals and newspapers for general use. A periodical is any publication appearing at regular intervals of less than a year and continuing for an indefinite period. 1996-97 Bud et 500.00 1996-97 1997-98 Budgeted Ex enditures Amount 350.91 400.00 1997-98 Estimated Ex enditures 390.00 1998-99 Budgeted Amount 400.00 Printing and Binding: Expenditures for job printing and binding, usually according to specifications. This includes the design and printing of forms as well as printing and binding publications. 1996-97 Bud et 6,000.00 1996-97 1997-98 Budgeted Ex enditures Amount 5 449.33 6,000.00 1997-98 Estimated Ex enditures 4,689.00 1998-99 Budgeted Amount 6,000.00 Note: We are able to maintain the cost of this budget item because of in-house printing. Page 4 Salaries: Salaries are the amounts paid to employees who are considered to be in positions of a permanent or temporary nature. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-99 Budgeted Budget Expendrtures Amount Expenditures Amount 468,904.00 450,464.40 481 ,145.00 455,145.00 492.614.00 Most of the salary changes between 1996-97 and 1997-98 and _between 1997-98 and 1998-99 reflect a 3.29% increase, which is comparable to the annual step increase in the three Pulaski County school districts. Exceptions are noted below. Salaries: Name of Employee 1998-87 Salary 1997-88 Salary 1998-89 Salary Ann Brown 1 104,164.00  104,164.00 104,164.00 Melissa Guldin 2 45,490.00 46,987.00 48,533.00 Gene Jones 3 47,815.00 49,312.00 50,858.00 Norman Marshall 56,863.00 58,734.00 60,666.00 Marqie Powell 56,863.00 58,734.00 60,666.00 Horace Smith 56,863.00 58,734.00 60,666.00 Research Associate4 26,000.00 26,000.00 26,000.00 Polly Ramer 42,683.00 44,087.00 45,537.00 Linda Bryant 23,669.00 24,448.00 25,252.00 Jackie Banks 5 8,494.00 9,945.00 10,272.00 Total 468,904.00 481 ,145.00 492,614.00 1 Ann Brown declined to accept a salary increase for both 1997-98 and 1998-99. 2Melissa Guldin works 4/5 time. 3Gene Jones works 4/5 time. Gene elected to receive payment for annual insurance premiums in lieu of the insurance benefits and his salary reflects that decision. 4Position not filled. 5The job responsibilities for Jackie Banks, who works 3/5 time, increased during 1997-98; her salary reflects those additional responsibilities. Page 6 Benefits: Benefits are the amounts paid in behalf of employees and not included in the gross salary, but are over and above. Such payments are fringe benefit payments. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-99 Budgeted Budaet Excenditures Amount Excenditures Amount 120.109.00 96,948.15 122,436.00 114,285.00 125,122.00 Below is a breakdown by category of each employee's 1997-98 budgeted fringe benefits: - Name Travel Social Retire- Hospital- Life Dental Hospital Short Total Allowance Security ment ization Ins. lndemnitv Tenn Benefits Brown 1,800.00 5,777.28 12,715.68 1968.00 44.16 188.64 60.96 62.88 22,617.60 Guldin 1,200.00 3,686.31 5,782.44 1968.00 44.16 188.64 60.96 62.88 12,993.39 Jones 960.00 3,845.81 6,032.64 10,838.45 Marshall 1,200.00 4,584.95 7,048.08 1968.00 . 44.16 188.64 60.96 62.88 15,157.67 Powell 1,200.00 4,584.95 7,048.08 1968.00 44.16 188.64 60.96 62.88 15,157.67 Smith 1,200.00 4,584.95 7,048.08 1968.00 44.16 188.64 60.96 62.88 15,157.67 Research 600.00 2,034.90 3,192.00 1968.00 44.16 188.64 60.96 62.88 8,151 .54 Ramer 3,372.66 5,290.44 1968.00 44.16 188.64 60.96 62.88 10,98T74 Brvant 1,870.27 2,933.76 1968.00 27.60 188.64 60.96 62.88 7,112.11 Banks 760.79 1.193.40 1968.00 27.60 188.64 60.96 62.88 4,262.27 Total 8,160.00 35,102.87 58,284.60 17,712.00 364.32 1,697.76 548.64 565.92 122.436.11 Below is a breakdown by category of each employee's 1998-99 budgeted fringe benefits: Name Travel Social Retire- Hospital- Life Dental Hospital Short Total Allowance Securitv ment ization Ins. lndemnitv Tenn Benefl1s Brown 1,800.00 5.777.28 12,715.68 1968.00 44.16 188.64 60.96 62.88 22,617.60 Guldin 1,200.00 3,804.58 5,967.96 1968.00 44.16 188.64 60.96 62.88 13,297.18 Jones 960.00 3,964.08 6.218.16 11 ,142.24 Marshall 1,200.00 4,732.75 7,423.92 1968.00 44.16 188.64 60.96 62.88 15,681 .31 Powell 1,200.00 4,732.75 7,423.92 1968.00 44.16 188.64 60.96 62.88 15,681 .31 Smith 1,200.00 4,732.75 7,423.92 1968.00 44.16 188.64 60.96 62.88 15,681 .31 Research 600.00 2,034.90 3,192.00 1968.00 44.16 188.64 60.96 62.88 8,151 .54 Ramer 3,483.58 5,464.44 1968.00 44.16 188.64 60.96 62.88 11 ,272.66 Brvant 1,931.77 3,030.24 1968.00 27.60 188.64 60.96 62.88 7,270.09 Banks 785.80 1,232.64 1968.00 27.60 188.64 60.96 62.88 4,326.52 Total 8,160.00 35.980.24 60,092.88 17 712.00 364.32 1,697.76 548.64 565.92 125,121 .76 Page 7 . ' ' .. Staff Development: Services performed by persons ,qualified to assist in enhancing the quality of the operation. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-99 Budgeted Budqet Expend~ures Amount Expenditures Amount 1,000.00 996.50 1,000.00 1,243.00 1,000.00 Supplies: Expenditures for all supplies for the operation, including freight and cartage. Amounts paid for material items of an expendable nature that are consumed, worn out, or deteriorated in use or items that lose their identity through fabrication or incorporation into different or more complex units or substances. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-98 Budgeted BudQet Expenditures Amount Expend~ures Amount 7,750.00 7,481 .16 7,750.00 7,634.00 7,750.00 Travel: Expenditure for transportation, meals, hotel, and other expenses associated with traveling or business. Payments for per diem in lieu of reimbursements for subsistence ( room and board) also are charged here. 1996-97 Bud et 19,000.00 1996-97 1997-98 Budgeted Ex end~ures Amount 14,373.96 18,000.00 1997-98 Estimated Ex end~ures 11 ,565.00 1997-98 Budgeted Amount 18,000.00 Insurance: Expenditures for all types of insurance coverage such as property, liability, fidelity, as well as the costs of judgments. 1996-97 1996-97 1997-98 Budgeted 1997-98 Estimated 1998-99 Budget BudQet Expenditures/ Amount Expenditures Amount 820.00 820 .. 00 820.00 820.00 On our auditor's recommendation, we purchased insurance on the furnishings and equipment in our office. Page 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL NOTICE OF PROCESS FOR ASSESSING THE EQUITABLE ALLOCATION OF RESOURCES RECEIVED JUN 9 199B OfflCE OF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INT ERVEN ORS INTERVENORS The Little Rock School District ("LRSD") for its Notice of Process for Assessing the Equitable Allocation of Resources states: 1. Section 2.9.1 of LRSD's Revised Desegregation and Education Plan dated January 16, 1997 ("Revised Plan") provides: Within sixty (60) days of the district court's approval of this Revised Plan, LRSD, after consultation with Joshua, will develop a process or standard for assessing the equitable allocation of resources. 2. In compliance with Section 2.9.1, LRSD, after consultation with Joshua, has developed a process for assessing the equitable allocation of resources. LRSD, working with Joshua and the Office of Desegregation Monitoring ("ODM"), shall: (a) Identify the resources the District will assess for equitable allocation; f:-~.001 (b) Develop a standard or standards for assessing the extent to which those resources are being distributed on an equitable basis; (c) Assess the allocation of resources based on the standard or standards developed; and, (d) Report the results of the assessment to ODM and Joshua. 3. This process will be completed on a timeline consistent with the issuance of a final report within 180 days of this Court's approval of the Revised Plan as pr?vided in Section 2.9.2 of the Revised Plan. 4. In the above process, LRSD shall consult with the one or both of the desegregation experts retained by LRSD in compliance with Section 2 . 1. 1 of the Revised Plan . Joshua has approved LRSD I s - retention of Terrance Roberts, one of the original "Little Rock Nine," and Steven Ross, a professor at the University of Memphis, to assist LRSD in development of the programs, policies and procedures required by the Revised Plan. r:lhomolfendlcyllnd\des-pld.001 Respectfully Submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK First Commercial Bldg., Suite 2000 400 West Capitol Little Rock, AR 72201-3493 (501) 376-2011 BY: 2 Christopher Hell John C. Fendley, CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served on the following people by depositing a copy of same in the United States mail on this 9th day of June, 1998. 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 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 425 W. Capitol, Suite 3400 Little Rock, AR 72201-3472 Mr. Richard Roachell Mr. Travis Creed Roachell Law Firm First Federal Plaza 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 . Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 Christopher Hell John c. Fendley, 3 RECEIVED JUN I 6 1998 - OFFICEOF DESEGREGATION MONITORING IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, * Plaintiff, * vs. * No. LR-C-82-866 * PULASKI COUNTY SPECIAL SCHOOL * DISTRICT NO. 1, et al., * Defendants, * * MRS. LORENE JOSHUA, et al., * Intervenors, * * KA THERINE KNIGHT, et al., * Intervenors. * ORDER F!LJ2D U.S. OISTI I;cr COURT EASTi:RN 0IS1 .I.ICT ARKANSAS ,JUN 151998 JAt1ES W] Mc!MACK, CLERK 8y: '\r , ~ \t /\ QC:, Qr-._ DEP C!.E~t - ' By previous Order entered on June 8, 1998, this Court indicated that it had received the proposed 1998-99 budget for the Office of Desegregation Monitoring and directed the parties to file any objections> the proposed budget within fifteen (15) calendar days from the entry of the Court's Order. That Order should have indicated that this Court received the Office of Desegregation Monitoring's proposed budget for the years 1998-2000. The parties have to and including June 23, 1998 in which to file any objections to the proposed budget. ....,--(l\_ IT IS SO ORDERED THIS /5 day of June 1998. fHIS DOCUMENT ENTERED ON DOCKET SHEET IN .:;QMPUANCE WiTHJtULE 58 AND/OR 79(a) FRCP :>N (zl(s-/'l K' BY ~..- - ---- 3 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. KA THERINE KNIGHT, ET AL. PCSSD MOTION FOR SUMMARY JUDGMENT AS TO THE LRSD PCSSD for its motion states: JUN 2 2 1998 OFFICE OF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS 1. Pursuant to the pooling agreement and previous orders of this Court, the LRSD owes the PCSSD interest of $96,899.62 calculated at six (6) percent. 2. Pursuant to the Settlement Agreement and previous orders of this Court and the Court of Appeals, LRSD owes the PCSSD $1,324,063.28 pursuant to the pooling agreement including the last two school years. After deducting the pooling sums owed the LRSD, the net sum due PCSSD is $1,291,103.52. 3. Appended to this motion as Exhibit "A" is the worksheet utilized by Dr. Stewart to calculate the interest and depicting the pooling funds owed the PCSSD. The pooling calculations were performed precisely as they have been performed in the past. 4. Requests and demands made to the LRSD to pay over these sums have proven unsuccessful. WHEREFORE, PCSSD prays for an order of this Court directing the LRSD to immediately pay over the sums set forth above. Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Ave., Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 By ~ , -- ~ ~ M. Sal')1 el nes 111 "('Z-6060) Attor,neys fo Pula& County Special School District CERTIFICATE OF SERVICE On June /1 , 1998, a copy of the foregoing was served by U.S. mail on the following. 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 Ms. Ann Brown ODM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 nes, Ill 2 ----- 06/18191 INTEREST COMPUTATION ON M-to-M POOLING FUNDS 08/18198 PRE ORDER INTEREST  LRSO - . -  . . BEG. DATE ENO DATE DUE TO INTEREST INTEREST TOTAL ouE ORO.QATE LRSO RATE EARNED P&I - .. 01/15192 0?/3Q~ 1.116 47!5.83 .. . .. POST O. RDER INTERE~.T  LRSO - ... --. 07/31/96 ~L30/98 $116 47!5.83 6.00% S13 -383.55  . TOTALS .. $118 47!5.83 $13,383.55 $1~,859.38 PRE ORDE.. R INTERES'.f'_ PCSSO  -- . -- .  BEG. DATE ENO DATE CUETO INTEREST INTEREST TOTAL QUE ORD. DATE PCSSD ... RATE EARNED .. . Pll . . --- -- 01/15193 0713019G $150,-472.~~  -- - ... 01/15194 07/30/96 $103,378.01 01/15/96 07/30/96 $207.920.13 .. ... . . 01/16/96 07/30/96 .. -~72,4Q4.11 -  BAL. or:,, 07/30/96 s73:4~.40 $0.00    . POST .O. R... O~R INTEREST - PCSSO -- 01/15/97 07/29/97 $436,200.10 6.00% $13,982.30 -- 07/31/96 . . 07/29/97 $73',26'.40 ... 8.00% $43,81.C.~ .... - PAIi;) . 07/29(97 1$34!52M.~ .. IS19 951.65 :-=->-. BALQ.N 07/29/97 S82!5170.(M s.,7 8'!.12 l~_TEREST EARNED AmR PAV ON 07/29197 - - 07/30/97 06/30/98 $825,170.04 6.1~% $,45, 4-40.87 - -  . 01/15198 .. . 06/30/98 $498.893.2-4 . 8.00% S13,613... 63 . TOTA L OUE PCSS[ ... $1 324.063.28 S96 8i9.62 $1 .420.962.90 NET DUE PCS$0 06/30/98 $1.291.103.52 -  .  - . EXHIBIT I A '--- IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUN 2 2 1998 OFFICE OF DESEGREGATION MONITOR!~~ LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. DEFENDANTS INTERVENORS INTERVENORS MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. BRIEF IN SUPPORT OF PCSSD MOTION FOR SUMMARY JUDGMENT AS TO THE LRSD In affirming this Court's last pooling order, the Court of Appeals noted: "The district court's interpretation of paragraph "O" is an acceptable one: it is just, it will promote voluntary interdistrict transfers to interdistrict schools, and it will provide a financial incentive to both districts to receive M-to-M transfer students. 109 F.3d 514 at 516." In affirming this Court's order for essentially the reasons stated in this Court's last opinion, the Court of Appeals quoted the finding of this Court that: [F]or each school year, the amount of LRSD's and PCSSD's financial contribution to the pool is calculated in accordance with Paragraph O of the Settlement Agreement. [There is no dispute as to the methodology for calculating these amounts.] The total amount of funds in the pool for a given year is then divided by the total number of M-to-M students in the interdistrict schools in both districts to arrive at an equalized, per-student dollar amount for educating them in the interdistrict schools. For each school district, the equalized per-student dollar amount is then multiplied by the number of M-to-M stude11ts hosted by that district in its interdistrict schools to determine the amount of the pooled funds to which each district is entitled. ' Id. at 515-516. The PCSSD has calculated its entitlement in accordance with the foregoing language. Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Ave., Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 By__t,~~~::s,_~~=-------, I (76060) ski County Special School CERTIFICATE OF SERVICE On June I~ . 1998, a copy of the foregoing was served by U.S. mail on the following. 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 Ms. Ann Brown ODM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVE.~ JUN 2 2 1998 OfflCE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. DEFENDANTS INTERVENORS INTERVENORS PCSSD STATEMENT OF MATERIAL AND UNDISPUTED FACTS 1. The worksheet appended to the motion as Exhibit "A" accurately calculates the post-order interest due the PCSSD. 2. Exhibit "A" accurately calculates the pooling sums due the PCSSD from the LRSD including the last two school years. Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Ave., Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 B-~A~~::::s._...::::;,.4-1--___ _ Special School CERTIFICATE OF SERVICE On June /'7 , 1998, a copy of the foregoing was served by U.S. mail on the following. 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 Ms. Ann Brown QOM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 ones, Ill u 2 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. KA THERINE KNIGHT, ET AL. AFFIDAVIT OF DR. DONALD STEWART PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS My name is Don Stewart and I have testified on numerous occasions in this case. Attached to the motion for summary judgment as Exhibit "A" is a worksheet that I prepared. The worksheet was prepared in accordance with the methodology I have consistently applied regarding the pooling issue and was done pursuant to the methodology described by this Court in its order July 29, 1997. FURTHER AFFIANT SAYETH NOT. STATE OF ARKANSAS COUNTY OF PULASKI SUBSCRIBED AND SWORN to before me, a Notary Public, on this 19th day of June. 1998. My Commission Expires: ~ ~c ~o )--. :1-~ Notary Public =t CERTIFICATE OF SERVICE On June /f , 1998, a copy of the foregoing was served by U.S. mail on the following. Mr. John W. Walker John W. Walker, PA 1723 Broadway Little Rock, AR 72201 Mr. Christopher Heller Friday, Eldredge & Clark 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 Ms. Ann Brown QOM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JUL 1 1998 WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT OFFICE OF DESEGREGATION MONITORJNG PLAINTIFF . v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. DEFENDANTS NOTICE OF FILING In accordance with the Court's order of December 10, 1993, the Arkansas Department of Education hereby gives notice of the filing of ADE's Project Management Tool for June, 1998. Respectfully Submitted, WINSTON BRYANT Attorney General eyGeneral 323 Center Street, Suite 200 .Little Rock, Arkansas 72201 . (501) 682-2007 Attorney for Arkansas Department of Education RECEIVED JUN 21./ 1998 - OFFICE OF DESEGREGATION MONITORltJ 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. OBJECTION TO PROPOSED ODM BUDGET AND MOTION FOR ENLARGEMENT OF TIME fJNIMO!INOW NOl1V93HS3S30 ~o 3a1:1:10 866i