Court filings concerning ADE's July 1998 semiannual monitoring report

District Court, Arkansas Department of Education's (ADE's) motion for relief from its obligation to file its July 1998 semiannual monitoring report; District Court, brief in support of Arkansas Department of Education's (ADE's) motion for relief from its obligation to file its July 1998 semiannual monitoring report; District Court, Little Rock School District's (LRSD's) response to Arkansas Department of Education's (ADE's) motion for relief from its obligation to file its July 1998 semiannual monitorinig report; District Court, order; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool 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 RECEIVED MAY 6 1998 OFFICE OF DESEGREGATION MONffORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO .. 1, et al. ADE'S MOTION FOR RELIEF FROM ITS DEFENDANTS OBLIGATION TO FILE ITS JULY, 1998 SEMIANNUAL MONITORING REPORT The Arkansas Department of Education hereby moves the Court for an order relieving ADE of its obligation to file a July 1, 1998 Semiannual Monitoring Report so that ADE can concentrate its resources toward developing proposed modifications of its monitoring and reporting obligations. The motion is made on the following grounds: I. ADE believes that its monitoring and reporting obligations, as set forth in the Settlement Agreement, the "Allen Letter," ADE' s Implementation Plan, and this Court's orders, can and should be modified so as to better assist the parties in their efforts to comply with their desegregation obligations and provide quality education in the public schools in Pulaski County. 2. With the approval of the State Board of Education, ADE is committed to working with the Districts, the Joshua and Knight Intervenors, and ODM to develop proposed modifications of ADE' s monitoring and reporting obligations that can be presented to this Court later this year for the Court's approval. 1 - 3. Over the next two months ADE personnel will be expending a substantial amount of time producing, reviewing, and finalizing ADE's July, 1998 Semiannual Monitoring Report. ADE believes that the time, energy and other resources that would be expended to complete the July report can be more productively directed toward working with the parties and ODM to develop proposed modifications to ADE' s current monitoring and reporting responsibilities. 4. Should this motion be granted, ADE will keep the Court apprised of its activities and progress toward developing proposed modifications via ADE' s Project Management Tools, which are currently filed by ADE on the last business day of each month. 5. ADE is authorized to state that PCSSD and NLRSD do not object to the relief sought in this motion. Counsel for LRSD, Joshua and Knight were contacted concerning this motion but have not, as of the time this motion is sent for filing, indicated whether they would object to the relief ADE seeks. WHEREFORE, ADE respectfully requests that the Court enter an order relieving ADE of its obligation to file the July, 1998 Semiannual Monitoring Report. 2 Respectfully Submitted, WINSTON BRYANT Attorney General Assistant A ey General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorneys for Arkansas Department of Education CERTIFICATE OF SERVICE I, Timothy Gauger, certify that on May 5, 1998, I caused a copy of the foregoing document to be served by U.S. mail, postage prepaid, on the following person(s) at the address(es) indicated: M. Samuel Jones, III Wright, Lindsey & Jennings 2000 NationsBank Plaza 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell 401 W. Capitol, Suite 504 Little Rock, AR 72201 Christopher Heller Friday, Eldredge & Oark 2000 First Commercial Bldg. 400 W. Capitol Little Rock, AR 72201 Stephen W. Jones Jack, Lyon & Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 Ann Brown 201 E. Markham, Ste. 510 Little Rock, AR 72201 3 IN THE UNITED STA TES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MAY 6 1998 OFFICE OF DESEGREGATION MONrrORING LIITLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. BRIEF IN SUPPORT OF ADE'S MOTION FOR RELIEF FROM ITS DEFENDANTS OBLIGATION TO FILE ITS JULY, 1998 SEMIANNUAL MONITORING REPORT Both this Court and the Eighth Circuit have approved modifications to the parties' obligations under the Settlement Agreement and Settlement Plans when changed circumstances and conditions have so warranted. See, e.g., Little Rock School District v. Pulaski County Special School District No. 1, 56 F.3d 904, 914 (8th Cir. 1998) (approving LRSD's closure of Ish incentive school); see also this Court's order entered April 10, 1998 (approving, in the alternative, LRSD's Revised Desegregation and Education Plan as a modification of LRSD's 1990 plan). However, this Court has made it clear that any modifications of the parties' desegregation obligations must be first developed by the parties and then submitted to this Court for approval. ADE believes that its current monitoring and reporting obligations, as set forth in the Settlement Agreement, the so-called "Allen Letter,"1 ADE' s Implementation Plan, 1 In this motion, the "Allen Letter" refers to a letter to the parties (copied to Judge Woods) dated May 31, 1989, from William Allen (then outside counsel for the State Board of Education), which included a plan for monitoring . 1 and the orders of this Court, can and should be modified. Oearly, circumstances and conditions in this case have changed materially since mid-1989. The Allen Letter was drafted nearly nine years ago, and even then it was contemplated that the monitoring plan would need to be modified in the future as circumstances changed.2 Further, among other things, since 1989 the Districts have been released from this Court's supervision over some aspects of their desegregation plans, this Court recently approved LRSD's Revised Desegregation and Education Plan, PCSSD's motion for "unitary status" is pending before this Court, and many of ADE's specific funding obligations to the Districts have either been completed or are in their final stages.3 The Eighth Circuit "stated early on that the passage of time would necessitate modifications in the desegregation plans." LRSD v. PCSSD, supra, 56 F.3d at 914 (citing Appeal of Little - Rock School District, 949 F.2d 253, 254 (8th Cir. 1991). In December of 1996 this Court granted LRSD' s motion for a "plan development period" to enable the LRSD to devote more of its resources toward working with the parties to develop proposed modifications to its desegregation plan. As a result, LRSD compensatory education programs in the Districts. In its order dated December IO, 1993, this Court found that the "Allen Letter'' set forth ADE's monitoring obligations under the Settlement Agreement. 2 In the Allen Letter, which was drafted and submitted far in advance of the Eighth Circuit's opinion approving the Settlement Agreement, vacating the order establishing the Office of Metropolitan Supervisor, and ordering the establishment of the Office of Desegregation Monitoring, Mr. Allen noted that ADE "anticipate[d] that the . . . plan may be modified after receiving [the parties'] comments and after [ADE] learn[ ed] more about the monitoring role that will be undertaken by [the Metropolitan Supervisor]." 3 For example, compensatory education payments to LRSD under VI.A.(l) of the Settlement will end in January ofnext year; payments in lieu of formula guarantees to LRSD under Vl.A.(2) ended in July of 1995; payments to PCSSD under VIl.2.(a) and (b) of the Settlement ended in July of 1994 and 1995, respectively; and compensatory education payments to NLRSD under VIII.B. and C. of the Settlement ended at the close of the 1996-97 school year. 2 was able to work with the parties to successfully produce a revised plan that this Court approved last month. ADE, with the approval of the State Board of Education, is committed to working with all parties to this case to develop proposed modifications to its monitoring and reporting obligations that can be presented to this Court for approval later this year. However, during the next two months ADE will be expending a substantial amount of time and resources to produce, review, and finalize the July, 1998 Semiannual Monitoring Report. ADE believes that it and the parties to this case would benefit from a "hiatus" on the production of the July, 1998 report (analogous to LRSD' s "plan development period") during which the time, energy and other resources that would be expended to complete the July report could be more productively directed toward working with the parties and ODM to develop proposed modifications to ADE' s current monitoring and reporting responsibilities. Accordingly, ADE respectfully requests that the Court relieve it of its obligation to serve and file the July, 1998 Semiannual Monitoring Report. 3 By: Respectfully Submitted, WINSTON BRYANT Attorney General TIMO . G G R #95019 Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorney for Arkansas Department of Education CERTIFICATE OF SERVICE I, Timothy Gauger, certify that on May 5, 1998, I caused a copy of the foregoing document to be served by U.S. mail, postage prepaid, on the following person(s) at the address(es) indicated: M.SamuelJones,III Wright, Lindsey & Jennings 2000 NationsBank Bldg. 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell 401 W. Capitol, Suite 504 Little Rock, AR 72201 Christopher Heller Friday, Eldredge & Oark 2000 First Commercial Bldg. 400 W. Capitol Little Rock, AR 72201 Stephen W. Jones Jack, Lyon&Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 Ann Brown 201 E. Markham, Ste. 510 Little Rock, AR 72201 --z:-~ Tim.0th Gau er 4 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. 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 MAY l 2 1998 OFFICE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT'S RESPONSE TO ADE'S MOTION FOR RELIEF FROM ITS OBLIGATION TO FILE ITS JULY, 1998 SEMIANNUAL MONITORING REPORT For its response, the Little Rock School District (LRSD) - states that it has no objection to ADE's motion. Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol Street Little Rock, AR 72201 (501) 376-2011 Byb~~~~~~-;t;,.~~c._- r1.stopher Helle Bar No. 81083 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Little Rock School District's Response to ADE's Motion For Relief From Its Obligation to File Its July, 1998 Semiannual Monitoring Report has been served on the following by depositing copy of same in the United states mail on this 8th day of May, 1998. Mr. John Walker JOHN WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Sam Jones . WRIGHT, LINDSEY & JENNINGS 2200 Nations Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 TCBY Tower 425 Capitol Avenue 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 Mr. Timothy G. Gauger Office of the Attorney 323 Center Street 200 Tower Building Little Rock, AR 72201 General 2 RECEIVED MAY 1 9 1998 OFFlCE OF DESEGREGATION MONITORING IN THE UNITED STA TES 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 Before the Court is the Arkansas Department of Education's ("ADE") motion requesting relief from its obligation to file its July 1998 semiannual monitoring report. The ADE states in its motion that its monitoring and reporting obligations, as set forth in the Settlement Agreement, the" Allen Letter," the ADE's Implementation Plan, and this Court's Orders, can and should be modified so as to better assist the parties in their efforts to comply with their desegregation obligations and provide quality education in the public schools in Pulaski County. If this Court should grant the ADE relief from its obligation to file its July 1998 semiannual monitoring report, the ADE, with approval of the State Board of Education, has committed to working with the Districts, the Joshua and Knight Intervenors, and the Office of Desegregation Mopitoring ("ODM") to develop p~oposed modifications to the ADE's monitoring and reporting obligations. The ADE suggests that the proposed modifications then be presented to this Court later this year for the Court's approval. The ADE has stated that it will keep this 1 5 5 Court apprised of its activities and its progress towards developing the proposed modifications via the ADE's Project Management Tools, which are currently filed by the ADE on the last business day of each month. This Court grants the ADE's motion relieving the ADE of its obligation to file a July 1, 1998 Semiannual Monitoring Report. During the time period in which the ADE would be preparing its July 1 Report, the ADE shall work with the Districts, the Joshua and Knight Intervenors, and the ODM to develop proposed modifications to the ADE's monitoring and reporting obligations. The ADE should keep this Court apprised of its activities and progress regarding the proposed modifications via the ADE's Project Management Tools. 11\_ IT IS SO ORDERED THIS / g' day of May 1998. / fHIS DOCUMENT ENTERED ON DOCKET SHEET IN ~OM~CE,T'fULE58AND/?~~FRCP ,N t g_ 71 BY _ _j/L~.~------' ' 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED JUN 1 1998 OFFICE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUN1Y 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 May, 1998. Li=dc:l ; n I ;b.,..~"1 Abt : fy-~1cd ~en"~""}. t.octl ".ftbo .. f-() Respectfully Submitted, WINSTON BRYANT Attorney General Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorney for Arkansas Department of Education RECEIVED IN THE UNITED STA TES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JI_;,\) 1 1998 LITTLE ROCK SCHOOL DISTRICT, ET AL OFFICE OF PLAINTIFlfifGREGATION MONITOR/MS V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KA THERINE W. KNIGHT, ET AL INTERVENORS ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following Project Management Tool to the parties and the Court. This document describes the progress the ADE has made since March 15, 1994, in complying with provisions of the Implementation Plan and itemizes the ADE's progress against timelines presented in the Plan. - IMPLEMENTATION PHASE ACTIVITY I. FINANCIAL OBLIGATIONS A. Use the previous year's three quarter average daily membership to calculate MFPA for the current school year. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of May 30, 1998 ~~t~~~iRa~~~,~~l~~i; i~~~~~t.~Ngl~1iaif lt.a~~tl~uff.~f.B~r.cur~te.:~a0e. B. Include all Magnet students in the resident District's average daily membership for calculation. 1. Projected Ending Date Last day of each month, August - June. 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