Court filings: District Court, Pulaski County Special School District's (PCSSD's) proposed findings of fact and conclusions of law

The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors. EDWARD L . WRIGHT (1903 - 1977) ROBERTS . LINDSEY (1913 - 1991) ISAAC A. SCOTT , JR. JOHN G. LILf GORDON S. RATHER , JR . TERRY L. MATHEWS DAVID M. POWELL ROGER A. GLASGOW C. DOUGLAS BUFORD , JR. PATRICK J . GOSS ALSTON JENNINGS, JR. JOHN R. TISDALE KATHLYN GRAVES M. SAMUEL JONES Ill JOHN WILLIAM SPIVEY Ill LEE J. MULDROW N.M. NORTON EDGAR J. TYLER CHARLES C. PRICE WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE SUITE 2200 RECEBl\'J~CK, ARKANSAS 72201-3699 . ~ ~ ~u (501) 371-0808 FAX (501) 376-9442 SEP 2 1998 WEBSITE : www.wlj .com ;::~;E/ ~L.5~i!MAN OFFICE OF OF COUNSEL ~~:~~E\ t0 ~l~c~ .. ~:RGER DESEGREGAJION MONITORINGA~1TNOA~~:tNJ~~s SAMMYE L. TAYLOR M. TOCO WOOD WALTER E . MAY GREGORY T . JONES H. KEITH MORRISON BETTINA E . BROWNSTEIN WALTER McSPAOOEN ROGER 0 . ROWE 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., ~e. 510 201 East Markham Street Little Rock, Arkansas 72201 Writer's Direct Olal No . 501-2121273 mjones@wlj .com September 1, 1998 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 ., NANCY BELLHOUSE MAY JOHN 0 . DAVIS JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER RAY F. COX. JR. HARRY S . HURST, JR. TROY A. PRICE PATRICIA A. SIEVERS JAMES M. MOODY. JR . KATHRYN A PRYOR J . MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY J . SALLINGS FRED M. PERKINS Ill WILLIAM STUART JACKSON MICHAEL 0 . SARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER BETSY MEACHAM AINSLEY H. LANG KYLE R. WILSON C. TAO BOHANNON DONS. McKINNEY MICHELE SIMMONS AL LGOOD KRISTI M. MOODY J . CHARLES DOUGHERTY M. SEAN HATCH PHYLLIS M. McKENZIE ELISA MASTERSON WHITE JANE M. FAULKNER ROBERT W. GEORGE J . ANDREW VINES Re: Little Rock School Distrie:t v. Pulaski County Special School District, et al. USDC Docket No.: LR-C-82-866 Dear Counsel: Enclosed is The PCSSD's Proposed Findings of Fact and Conclusions of Law which was filed today with the Court Clerk. Cordially yours, WRIG T, LINDSEY & JENNINGS LLP muelJ~/ckJ Enclosure 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. RECEIVED PLAINTIFF DEFENDANTS MRS. LORENE JOSHUA, ET AL. INTERVENORS SEP 2 1998 KATHERINE KNIGHT, ET AL. INTERVENORS OFFICE OF - DESEGREGATION MONITORING THE PCSSD'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BACKGROUND This action was filed on November 30, 1982 by the LRSD against the PCSSD and others.1 Liability was adjudicated against the PCSSD and others on April 10, 1984 and a consolidation of the three school districts in Pulaski County was ordered. Upon appeal, the United States Court of Appeals for the Eighth Circuit (hereafter the Court of Appeals), en bane, affirmed most of the findings of liability of the District Court, but reversed the court ordered consolidation and prescribed a different remedy. The Court of Appeals ordered that the boundaries of the LRSD would become those of the city of Little Rock as they then existed. The Court of Appeals also ordered the transfer of the Granite Mountain community from the LRSD to the PCSSD. As a result of these transfers, the PCSSD lost 36% of its tax base, one-third of its schools, and 25% of its students. 1 The LRSD supports the PCSSD in its petition for unitary status. 1 In the same opinion, the Court of f,ppeals ordered all three districts to develop desegregation plans that would distribute students in a way such that each school would have approximately the same racial balance as each district had as a whole. Significantly, the Court of Appeals specifically held that the remedy it then ordered was a complete remedy for the constitutional violations of which the PCSSD had been found guilty; specifically those violations relating to annexations and deannexations, segregated housing, school siting, student assignments, special education, transportation, employment of faculty and administrators, and black participation in school affairs. Thereafter, other proceedings occurred,_ both before the District Court and the _,., Court of Appeals, culminating in 1989 in the Settlement Agreement and the agreed upon Desegregation Plan for each school district. While the present PCSSD Plan was not finalized in all of its particulars until April, 1992, the PCSSD has operated since 1989 under substantially the same plan. It is significant to note that many features of the PCSSD Plan, the lnterdistrict Plan, and the Plans of the other school districts were not specifically mandated as remedial devices by the Court of Appeals. For instance, the six interdistrict schools, while subsequently embraced by the Court of Appeals, were never mandated as part of any prescribed remedy. For that matter, the Court of Appeals never specifically mandated that the PCSSD pursue affirmative action in hiring and in staffing its schools and other operations. Indeed, it held in 1985 that the territorial transfer was the remedy for, among other things, violations in the areas of special education, transportation, and 51781 2 employment of faculty and administrators,. Little Rock School District v. Pulaski County Special School District, 778 F.2d 404, 434-435 (8th Cir. 1985). Counseling. The PCSSD was released from federal court supervision as regards counseling and guidance programs by order dated March 27, 1996 (Docket #2648). INTRODUCTION 1. The Release of All Claims Against the PCSSD provides: "In consideration of commitments set forth in the Plans, Joshua forever .discharge[s] the PCSSD of and from any and all actions, causes of action, claims and demands which in any way relate to racial discrimination, segregation in public education, or to violations of other constitutional or statutory rights of school children, based on race or color. This dismissal is final for all purposes except that the Court may retain jurisdiction to address issues regarding implementation of the Plans." [Court Exhibit No. CX 417, Pages 1 and 2 of Release of All Claims Against the PCSSD.] 2. The District Court withdrew its monitoring and supervision of the North Little Rock School District (NLRSD) in the area of student assignments in an Order dated September 18, 1995. [Court Exhibit No. CX 418, Page 1.] Since 1989, there have been no allegations of new constitutional violations made against the PCSSD. (UHi 20) 3. The plan has had a marked impact in the way the PCSSD does business with regard to the way it looks at test scores and analyzes that data with regard to the way that kids are placed or not placed. It has impacted the way the PCSSD delivers staff development and its goals in its search for instructional strategies that it hopes would either mediate the affects of the problems that come associated with 51781 3 socioeconomic status, in particular in the.,PCSSD as in others the black population is 9 more heavily impacted because as a group, its income level is poorer. A search for strategies to try to remove any disparity that exists and that would at the same time advance achievement as a whole has had a dramatic impact on the way the PCSSD does business. [Court Exhibit No. CX 439, Pages 8 and 9.] 4. The PCSSD foresees no significant change as to its commitments concerning the interdistrict and magnet schools. [Court Exhibit No. CX 438, Page 22.] 5. Mr. Bill Bowles, the PCSSD Assistant Superintendent for Desegregation is an African American who has been employed by the District for 28 years. He has served as a teacher, assistant principal, principal and central office administrator. (UHi 23) He was able to assess from whence the Distrl~t started to today and thinks the District has made a lot of progress. [Court Exhibit No. CX 441, Pages 15 and 16.] 6. Mr. Bowles has been Assistant Superintendent for Desegregation for 13 years.. [Court Exhibit No. CX 441, Page 4.] 7. Mr. Bowles has been involved with the current desegregation plan from its inception and it is his opinion that the PCSSD has fully implemented its desegregation plan and implemented it in good faith. (UHi 24, 92-93) He further believes that the PCSSD has earned unitary status. 19.:. 8. Some of his job responsibilities are to coordinate the implementation of the District's desegregation plan. He is a liaison person to all other departments for the District's desegregation plan, and is a consultant with each assistant superintendent for the implementation of the desegregation plan. [Court Exhibit No. CX 441, Page 5:] 51781 4 9. Mr. Bowles consulted with the superintendent and their attorney, Mr. Sam - Jones; and looked at other cases throughout the country. They did some comparative analysis on those cases and this one, considered the fact that they felt their implementation was in good faith and to the point where they felt that they had implemented it with a commitment and to the point where they felt they had done practically all that was required of them. After that consultation, Mr. Lester issued a memo to the other department heads to look at their individual divisions. Each department head felt his department had in good faith implemented the plan as it was written so the go ahead to actually file for un.itary status was given. [Court Exhibit No. ex 441, Pages 8 and 9.] 10. Mr. Jones, Mr. Bowles and the superintendent met individually with each interested board member to explain what they were pursuing. Only one of the African-American board members expressed some concerns. [Court Exhibit No. CX 441, Page 9.] 11. Mr. Bowles believes federal court jurisdiction has been a good thing for the school District because it has opened some eyes, it has opened the book so-to-speak for everybody to look at and make changes that were obviously necessary within the District. [Court Exhibit No. CX 441, Pages 18 and 19.] 12. Each month Mr. Bowles looks at the school board agenda and if there is a problem on the school board agenda that might negatively impact desegregation, he is required to submit in writing what that problem is. [Court Exhibit No. CX 441, Page 20.] 13. In Mr. Bowles' opinion, unitary is not based on the end result. It's based on effort and implementation. [Court Exhibit No. CX 441, Page 60.] 51781 5 14. This court has never been r~quired to order the PCSSD to implement something from its plan that it had failed to implement. 15. The Assistant Superintendent for Desegregation has time reserved at each Board meeting to report whether or not there is anything on the Board agenda that might negatively impact the desegregation plan. (UHII 406) 16. If that Assistant Superintendent feels there is anything on the tentative agenda which has a negative impact on the desegregation plan, it is removed from the agenda. (UHII 407) 17. While Joshua also has time reserved on each board agenda, it is hardly ever used . .!.Q.,_ 18. There has not been a single incident during the history of this case in which Joshua has initiated, pursed and filed a proposed amendment to the PCSSD plan. (UHi 413) STUDENT ASSIGNMENT 1. Or. Armor advocates a racial balance range of 20 percentage points. For example, if a school district were 65% black, the range would be between 45% and 85% black. (Armor 64) 2. Whatever the range, some schools are going to fall outside of the range because the districts, even if they assign appropriately, could not control who shows up from year to year. Such a failing is not a measure of the intent or of the plan. (Armor 65-66) 3. Even districts that have been declared unitary have some schools that vary from the standard, many times by just a few percentage points. There are schools 51781 6 - - - -- - - ------ - ------------------- in many school districts that for a variety 9f reasons cannot be integrated according to the applicable standard because of geography or distance or hazards or isolation. (Armor 66) 4. For instances, in Savannah, 11 of 44 schools were outside the range of 20 percentage points, yet Dr. Armor testified, and the District Court agreed, that Savannah was unitary with respect to student assignment. (Armor 69-70) 5. At the time the PCSSD was 20% minority, application of its current student assignment test would have permitted a variance of only 5 percentage points in either direction, and is one of the narrowest variances in the history of school desecration. (Armor 86) 6. Dr. Armor did not know of a single school district in the country operating with the narrow rage utilized by the PCSSD in the decade of the 1990s. (Armor 87) 7. Savannah was declared unitary even while it still had three schools that were 80% black and one that was only 31 % black. (Armor 89-90, Ex. 395) 8. Savannah, like the PCSSD, is a geographically very large school district ; and it was difficult to 'disperse students to some of the remoter schools. (Armor 90-91) 9. In the Wilmington case, Dr. Armor testified that the Wilmington schools were racially balanced because in any given year 80% of the schools would be within the court prescribed range. That view was adopted by the court. The Wilmington range is slightly more expansive than the PCSSD range. (Armor 95) 10. The same percentage for the Savannah schools was approximately 75%. (Armor 96) 51781 7 11 . Dr. Armor explained that there would probably be no unitary decision whatsoever if every school had to meet a standard, whatever that standard was, every year or most years. (Armor 105) 12. Dr. Armor says it is virtually impossible to recruit white students to schools that are 90% African-American through an m-m program. (Armor 202-203) 13. Savannah had 11 court ordered magnet schools in 1990 and the district added to that total. (Armor 211) 14. For 1990, Savannah had a target to recruit 1,025 students to the magnets and they were able to recruit 950. (Armor 212) 15. Or. Armor described this as being_ the most successful magnet program in the country. (Armor 213) 16. Dr. Armor determined that out of all of the schools in Pulaski County, that - is, all three districts, only two schools were outside of his racial balance standard, and those two only by a few percentage points. (Armor 219) 17. Dr. Armo.r does not think it is fair in a national sense to have districts subject to widely different concepts of racial balance. He tries to bring a single standard to bear on all cases. (Armor 221) 18. Under Dr. Armor's test, a test accepted by the Wilmington, Savannah, and other courts, the PCSSD is unitary as to racial balance. 19. Pursuant to the racial balance tests applicable pursuant to the Joshua Agreement, as endorsed by the Court of Appeals, the PCSSD schools could range from 20 percent black to approximately 67 percent black, the latter being the black student 51781 8 population which has largely pertained frqm year to year in the LRSD. Pursuant to this test, only Lawson Elementary School remains consistently outside this range. 20. Under the test articulated originally by the en bane court in 1985, the schools in the PCSSD could range plus or minus 25 percent from the then prevailing percentage of either race. For instance, last year at the elementary level the PCSSD was 67 percent other. Twenty-five percent of 67 percent is 17 percent. Accordingly, pursuant to this test, the PCSSD schools could legally array from 16 percent black to 50 percent black. Under this Scenario, only the following would have failed to meet the statistical range: Fuller Emergency for the years 1989 through 1995, Bates Elementary for the years 1994 and 1995, Arnold Drive Elen:entary for the year 1991, Lawson Elementary for the years 1990 and 1992, Oak Grove ele"mentary for the years 1989 and 1990, and 1991, Pine Forest Elementary for the years 1989 and 1990, and Tolleson for - the year 1989. 21. Statistically, the PCSSD has enjoyed racial balance outcomes superior to every other district declared unitary during this decade. It should be released from court supervision as regards student assignment and racial balance. 22. The Office of Desegregation Monitoring issued its 1997-98 Enrollment and Racial Balance in the Pulaski County School Districts Report on January 30, 1998. [Court Exhibit No. CX 418, Title Page.] 23. Enrollment information dating back to 1988-89 is included in this report. [Court Exhibit No. CX 418, Page 1.] Information reported is current through 1997-98. 24. The PCSSD Desegregation Plan recognizes only two racial designations, black students and white students. The plan includes provisions that set goals for 51781 9 balancing the enrollment of these two ractal groups within each school. Except for - interdistrict schools, which have plan-specified guidelines that are static, these goals are based on the percentage of black students enrolled district-wide by organizational levels. Every year racial balance is assessed for each school based on the District's racial balance at each organizational level for that year. (Court Exhibit No. CX 418, Page 2.] 25. The PCSSD Desegregation Plan includes guidelines that set racial balance goals for individual schools. The plan set 20% as the minimum black enrollment for PCSSD schools. The maximum black enrollment at all organizational levels is based on a variance of 25% from the annual percentage of black enrollment at ,/ each of the two organizational levels (elementary and secondary). (Court Exhibit No. CX 418, Page 2.] 26. For the 1997-98 school year, the PCS SD had a districtwide elementary student population that was 33% black. The allowable variance in racial balance is calculated by multiplying that 33% by 25% (.33 X .25 = .0825), then adding the product (rounded to 8%) to the total elementary black proportion of 33% (33% + 8% = 41 %) to establish the maximum black enrollment of 41 % in elementary schools. [Court Exhibit No. CX 418, Page 2.] 27. Because the plan-prescribed formula used to calculate the targeted racial balance is tied to the District's black enrollment for that particular year, it is not possible to uniformly compare racial balance compliance from year to year without linking a given year's enrollment to that year's acceptable range. Since the target range for racial balance may vary somewhat from one year to the next as district-wide black 51781 10 enrollment fluctuates, it is possible that, due to a change in the District's overall racial ' - balance, a school that was out of compliance one year could have an identical enrollment the following year and yet be within an acceptable range. [Court Exhibit No. CX 418, Page 2.] 28. Although the desegregation plan specifies a minimum black enrollment for PCSSD schools, certain provisions of an agreement among the parties (called the Joshua Agreement) can raise the PCSSD minimum and potentially alter the maximum as well. [Court Exhibit No. CX 418, Page 3.] 29. The 1997-98 elementary enrollment of 10,832 is the lowest number recorded for the PCSSD in ten years. [Court Exhibit No. CX 418, Page 5.] 30. Between 1996-97 and 1997-98, the PCSSD has lost 445 (4%) of its elementary students. [Court Exhibit No. CX 418, Page 5.] 31. Some of the decrease in elementary enrollment that occurred between 1996-97 and 1997-98 was due to the District's reorganization of the Jacksonville junior highs. Jacksonville Junior High South (which previously held grades 7-9) was reconfigured to house grades 8 and 9; Jacksonville Junior High North (which also previously held grades 7-9) was renamed Jacksonville Middle School and began serving grades 6 and 7. Sixth graders were moved from Adkins, Bayou Meto, Dupree, Harris, Jacksonville Elementary, Pinewood, and Taylor to Jacksonville Middle School. This movement resulted in a population shift from the elementary level to the secondary level because some sixth graders, who had previously been counted as elementary students, were counted as secondary students beginning in 1997-98. According to the District, Jacksonville Middle School had 351 sixth graders in 1997-98. Calculations 51781 11 show that the 351 students that were mayed out of the elementary school category for 1997-98 account for 79% of the 445- student decline in elementary population from the previous year. [Court Exhibit No. CX 418, Page 5.] 32. The number of black elementary students has declined by 72 (2%). [Court Exhibit No. ex 418, Page 5.] 33. The number of white elementary students has decreased by 373 (5% ). [Court Exhibit No. CX 418, Page 5.] 34. Between 1996-97 and 1997-98, 16 of the 25 elementary schools experienced a decrease in their total enrollment: Adkins has lost 29 students (9%); Baker 2 (1 %); Bayou Meta 14 (2%); Cato 13 (2%); College Station 34 (11 %); Crystal Hill 29 (4%); Dupree 68 (16%); Harris 27 (9%); Jacksonvill(;-139 (19%); Landmark 42 (8%); Lawson 13 (4%); Pinewood 83 (15%); Scott 10 (8%); Sherwood 35 (8%); Sylvan Hills - 9 (2%); and Tolleson 36 (7%). [Court Exhibit No. CX 418, Page 5.] 35. At Adkins, Bayou Meta, Dupree, Harris, Jacksonville Elementary, and Pinewood, the enrollment decline was at least partly due to the relocation of sixth ~ graders to Jacksonville Middle School, a change which occurred during the grade-level reorganization that involved those schools for 1997-98. [Court Exhibit No. CX 418, Page 5.] 36. Since 1988-89, the District has lost 1,421 (12%) of its elementary students. [Court Exhibit No. CX 418, Page 6.] 37. Significant losses have occurred at 17 schools: Adkins lost 103 students (27%); Bates 277 (37%); Cato 105 (17%); Dupree 118 (24%); Fuller 217 (36%); Harris 411 (60% ); Jacksonville 207 (26% ); Landmark 165 (26% ); Lawson 75 (21 % ); Oak 51781 12 Grove 124 (22%); Oakbrooke 193 (29%);,Pine Forest 106 (18%); Pinewood 217 (32%); Robinson 71 (15%); Scott 96 (45%); Sherwood 185 (33%); and Sylvan Hills 323 (44%). [Court Exhibit No. CX 418, Page 6.] 38. Enrollment has risen in four schools since 1988-89: College Station has shown a significant increase of 101 students (54%). The other three schools have much smaller increases: Arnold Drive added 20 students (5%), Baker 10 (3%) and Bayou Meta 16 (3%). [Court Exhibit No. CX 418, Page 6.] 39. The maximum black percentage at any PCSSD elementary school last year was 41 %. Since the desegregation plan specifies 20% black enrollment as the minimum for all schools, the racial balance ranQe for 1997-98 was 20% to 41 % black. [Court Exhibit No. CX 418, Page 6.] 40. In 1997-98, ten of the 25 PCSSD elementary schools (including the three - interdistrict schools) have fallen outside the target for racial balance, which is two more than the eight elementary schools that failed to meet the racial balance goals last year. [Court Exhibit No. ex 418, Page 6.] 41 . The enrollment at Baker (an interdistrict school which has a minimum goal of 40% black enrollment) is 21 % black, which is 19 percentage points below the minimum for interdistrict schools. (Court Exhibit No. CX 418, Page 6.] 42. At 14% black in 1997-98, Lawson has fallen well below the minimum goal of 20% black. Since last year, Lawson has dropped two additional percentage points away from the minimum; since 1994-95 (the one year Lawson was within the range), it has fallen nine percentage points. [Court Exhibit No. CX 418, Page 6.] 51781 13 43. This year, Pine Forest (whic;h had been with in range the last two years) is - below the minimum guideline. The school has failed to meet the minimum target for black enrollment for six of the last ten years. [Court Exhibit No. CX 418, Page 6.] 44. Of the seven elementary schools that exceed the maximum range of 41 % black enrollment, four are located in the southeast sector of the PCSSD and three are located north of the Arkansas River. [Court Exhibit No. CX 418, Page 6.] 45. Although within range last year, College Station, at 43% black, is above the targeted range. The school has been above the maximum range for eight of the last ten years. [Court Exhibit No. CX 418, Page 6.] 46. Although within range for the last ~ve years, Scott, at 43% black, moved above the targeted range this year. The school has been above the range for four of the last ten years. [Court Exhibit No. CX 418, Page 6.] 47. Bates, Fuller and Landmark have all been outside the target range for the last ten years. This year, Bates exceeds the target range by 15 percentage points, Fuller by 19 points, and Landmark by 4 points. Since 1996-97, enrollment at each of ~ these schools has moved farther above the target range. [Court Exhibit No. CX 418, Page 6.] 48. At 53% black, Harris, which has exceeded the target of black enrollment for the seventh consecutive year, is 12 percentage points above the goal. [Court Exhibit No. ex 418, Page 6.] 49. At 46% black, which is five percentage points above the goal and four points higher than last year, Jacksonville continues to exceed the target range. This is 51781 14 I I I I I I I I I I the third consecutive year that the school 'has missed the target range. [Court Exhibit No. CX 418, Page 7.] 50. Although above the targeted range last year, Taylor is within the range this year. [Court Exhibit No. CX 418, Page 7.] 51 . In 1997-98, for the third consecutive year, PCSSD's total secondary enrollment has increased over the previous year. The 1997-98 enrollment of 9,192 has risen by 2%, or 174 students (13 black and 161 white), over the number recorded in 1996-97. [Court Exhibit No. ex 418, P~ge 7.] 52. Some of the increase in secondary enrollment that occurred between 1996-97 and 1997-98 was due to the District's reorganization of the Jacksonville junior highs. Jacksonville Junior High (which previously held grades 7-9) was reconfigured to house grades 8 and 9; Jacksonville Junior High North (which also previously held - grades 7-9) was renamed Jacksonville Middle School and began serving grades 6 and 7. Sixth graders were moved from Adkins, Bayou Meta, Dupree, Harris, Jacksonville Elementary, Pinewooq, and Taylor to Jacksonville Middle School. This movement ; resulted in a population shift from the elementary level to the secondary level because some sixth graders, who had previously been counted as elementary students, were counted as secondary students beginning in 1997-98. [Court Exhibit No. CX 418, Page 7.] 53. Six of the twelve secondary schools have posted enrollment increases between 1996-97 and 1997-98: Fuller Junior, Jacksonville Middle (previously Jacksonville South), Jacksonville Junior (previously Jacksonville North), Jacksonville High, North Pulaski High, and Robinson Junior. [Court Exhibit No. CX 418, Page 7.] 51781 15 54. The largest increases occur~ed at Jacksonville Junior (246 students or ' - 4 7%) and at Jacksonville Middle (88 students or 13%) and are due to the reorganization of the Jacksonville junior high schools. [Court Exhibit No. CX 418, Page 7.] 55. All other increases in student enrollment were much more modest: Fuller Junior High (18 students or 2%); Jacksonville High (1 student); North Pulaski High (34 students or 4%); and Robinson Junior High (24 students or 6%). [Court Exhibit No. CX 418, Page 7.] 56. Between 1996-97 and 1997-98, five schools have shown a decrease in overall enrollment: Mills High (-70 or 8%); Northwood Junior high (-87 or 9%); Oak Grove Junior and Senior High (-39 or 4%); Robi!1son High (-16 or 4%); and Sylvan Hills High (-25 or 3% ). [Court Exhibit No. ex 418, Page 8.] 57. The 70-student decline at Mills this year nearly offsets the enrollment gain - of 84 students recorded in 1996-97. [Court Exhibit No. CX 418, Page 8.] 58. Since 1995-96, Northwood Junior High has lost 152 students (15%). [Court Exhibit No. CX 418, Page 8.] 59. The current enrollment of 785 at Sylvan Hills High School is a ten-year low. [Court Exhibit No. ex 418, Page 8.] 60. Between 1988-89 and 1997-98, enrollment has fallen in nine of the twelve secondary schools: Northwood, Robinson, and Sylvan Hills Junior Highs; Oak Grove Junior and Senior High; and Jacksonville, Mills, North Pulaski, Robinson, and Sylvan Hills High Schools. (Court Exhibit No. ex 418, Page 8.] 61. The 1997-98 enrollment in the Pesso secondary schools is 32% black. Using that figure as the basis for calculations, the maximum black percentage at any 51781 16 PCSSD secondary school this year should be 40%. Since the desegregation plan - specifies 20% as the minimum black enrollment for all schools, the racial balance range for 1997-98 is 20% to 40% black. [Court Exhibit No. CX 418, Page 8.] 62. Both Fuller Junior High and Mills High have remained above the target range for each of the last ten years. At 44% black, Fuller Junior High is four points beyond the maximum target; and Mills, at 48% black, is eight points beyond the maximum goal. [Court Exhibit No. CX 418, Page 8.] . 63. The percentage of black stude~ts attending Fuller Junior High has remained fairly stable during the last ten years, ranging from 43% in 1993-94 to 49% in 1995-96. [Court Exhibit No. ex 418, Page 8.] . 64. The racial balance at Mills High has been constant at 48% black over the last five academic years, although the enrollment has increased by 34% during that - same time period. [Court Exhibit No. CX 418, Page 8.] 65. No PCSSD secondary schools have fallen below the minimum of 20% black enrollment durin$J the past seven years. In 1988-89, five secondary schools had student populations that were less than 20% black. [Court Exhibit No. CX 418, Page 8.] 66. As early as 1988-89 in some schools, the PCSSD began offering specialty programs as a means for promoting voluntary desegregation. Eight schools have offered some type of specialty program, and some schools offer multiple programs. Schools which have (or once had) specialty programs are Bates, College Station, Fuller, and Landmark Elementary Schools; Fuller Junior High School; and Jacksonville, Mills, and Sylvan Hills High Schools. [Court Exhibit No. CX 418, Page 8.] 51781 17 67. At the end of 1994-95, the P,CSSD discontinued the Math and Science Together (MAST) specialty program it had offered at Bates. (Court Exhibit No. CX 418, Page 8.] 68. Six of the eight PCSSD schools that offer (or have offered) specialty programs have experienced a slide in total enrollment since the school began a specialty program. (Court Exhibit No. CX 418, Page 9.] 69. Between 1990-91 (the year the specialty program began) and 1997-98, Bates' enrollment has shrunk by 172 students (27%). Bates began experiencing a significant decrease in enrollment in 1992-93 and suffered a 12% decline in 1993-94 and another 12% drop after the school's speci~lty program was discontinued at the close of 1994-95. (Court Exhibit No. CX 418, Page 9.] 70. Between 1988-89 (the year the specialty program began) and 1997-98, Fuller Elementary's enrollment has decreased by 217 students (36% ). [Court Exhibit No. ex 418, Page 9.] 71. Landmark's enrollment has declined by 104 students (18%) between ' ; 1990-91 (the year the specialty program began) and 1997-98. The 1997-98 enrollment is presently the lowest recorded in the last ten years. [Court Exhibit No. CX 418, Page 9.] 72. Jacksonville High has lost 207 students (17%) between 1988-89 (the year the specialty program began) and 1997-98. (Court Exhibit No. CX 418, Page 9.] 73. Mills' enrollment has decreased by 19 students (2%) between 1988-89 (the year the specialty program began) and 1997-98. However, in 1994-95 the District added two more specialty programs and enrollment began to climb. Between 1993-94 51781 18 (the year before the addition of the two specialty programs) and 1997-98, enrollment has increased by 195 students (34%). Nevertheless, the current enrollment of 766 represents a loss of 70 students since last school year. [Court Exhibit No. CX 418, Page 9.] 74. Enrollment at Sylvan Hills High has decreased by 116 students (13%) between 1991-92 (the year the specialty program began) and 1997-98. The current enrollment of 785 is the lowest number recorded in the past ten years. [Court Exhibit No. CX 418, Page 9.] 75. Enrollment at College Station was 188 students in 1988-89; however, that number jumped 29% (54 students) when the specialty programs were added in 1989-90. Enrollment continued to increase through 1992-93, and has fluctuated each year since. The current enrollment of 289 is near the average enrollment over the last ten years. [Court Exhibit No. CX 418, Page 9.] 76. With the exceptio