Court filings concerning status report concerning Baker Elementary, LRSD's March 15, 2001, compliance report, PCSSD motion of approval for middle school site, and Joshua's objections to unitary status

District Court, motion for continuance; District Court, status report concerning Baker Elementary; District Court, response to order filed November 30, 2001; District Court, order; District Court, response to order regarding Little Rock School District's (LRSD's) March 15, 2001, compliance report; District Court, order; District Court, motion of approval for middle school site; District Court, memorandum in support of Pulaski County Special School District (PCSSD) motion for approval of middle school site; District Court, order; District Court, plaintiff's third set of interrogatories and requests for production to the Joshua intervenors regarding Joshua's objections to unitary status; District Court, the Joshua intervenors' opposition to motion for approval of middle school site; District Court, Pulaski County Special School District's (PCSSD's) reply to the Joshua intervenors' opposition to motion for approval of middle school site; District Court, noltice of filing, Arkansas Department of Education (ADE) project management tool This transcript was create using Optical Character Recognition (OCR) and may contain some errors. - DEC ? - 2001 IN THE UNITED STATES DISTRJCT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS OfflCE OF DESEGREGATION MONITORltlG DEC - 5 2001 LITTLE ROCK SCHOOL DISTRICT JAMES W. McCORMACK, CLERK By: PLAilHIFFoEP CLERK V. CASE NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS INTER VEN ORS INTER VEN ORS MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. MOTION FOR CONTINUANCE Come the Joshua Intervenors, by and through undersigned counsel, request a continuance - of the discovery hearing in this case for the following reasons: 1. The above styled case is set for a discovery hearing on December 7, 2001. 2. Undersigned counsel has been in trial since Monday, December 3, 2001 in federal district court regarding the following case: Mercedes Alexander v. Little Rock Convention and Visitors Bureau, et al., Case No. LR-C-99-572. The trial is expected that this case will last for the remainder of week. 3. Because of this scheduling conflict and the need for additional time to comply with the court's previous order regarding the hearing scheduled for December 7, 2001, Joshua respectfully request that the discovery hearing be reset to a later date. 4. This continuance is not made for delay and will not prejudice the respective parties to this action. WHEREFORE, Joshua herein respectfully move that the Court enter an order granting their request for a continuance. By: Respectfully submitted, JOHN W. WALKER, P.A. 1723 Broadway Little Rock, Arkansas 72206 (501) 374-3758 (Tel.) QI) 374-4187 ~~~ , Bar No. 64046 Robert Pressman 22 Locust A venue Lexington, MA 02421 (781) 862-1955 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ha~~n mailed, postage prepaid to the following counsel or record, postage prepaid on this ./ - day of December, 2001. Mr. Christopher Heller Friday, Eldredge & Clark 400 W. Capitol, Suite 2200 Little.Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, Arkansas 72201 Jo Mr. Sam Jones Wright, Lindsey & Jennings 2200 Worthen Bank Building 200 West Capitol Little Rock, AR 72201 Mr. Mark Hagemeier Office of Attorney General 323 Center Street 200 Tower Building t ittle Rock, AR 72201 ! I i IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. ' STATUS REPORT CONCERNING BAKER ELEMENTARY RECEIVED DEC 1 0 2001 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS 1. At its October, 2001 Board meeting, the PCSSD Board of Directors reviewed and addressed the issues of school repair, school renovation and school construction in the PCSSD. 2. Because of the millage failure, the Board determined that it could address only the most critical repair projects confronting the District and ultimately voted to establish certain priorities, which priorities are reflected on the attached Exhibit "A". 3. Because of limited funds, the Board did not place any new construction at existing schools on this list. 4. In an allied matter, the District has also determined that the anonymous donation previously reported and to be used for the construction of a multi-purpose facility at Baker Elementary is now highly unlikely to materialize. Accordingly, the - administration has placed the construction of a multi-purpose facility at Baker on indefinite hold. 301206-v1 5. Absent the financial ability to fund any construction projects at Baker, the District proposes to simply continue with the Baker recruitment plan which was reported to the Court last summer. Respectfully submitted, WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 ,. By , M. . orneys tol Pulaski nty Special ~rict CERTIFICATE OF SERVICE On December 1, 2001, a copy of the foregoing was served via U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm P.O. Box 17388 Little Rock, Arkansas 72222-7388 301206-v1 2 Mr. Mark A. Hagemeier Ms. Colette D. Honorable Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 301206-v1 onesJ 3 DEC-07-01 FRI tt:29 AM FAX NO. Date October 9, 2001 Pass Fail Other ________ _ AGENDA ACTION FORM Pulaski County Special School District P, 02 Agenda Item Number: New Business - 5 Subject: Building Repair and Construction Priority List Prepared By: Dr. Donald J. Henderson, Assistant Superintendent for Support Services Rationale: The Board has requested a prioritized list of potential building repairs and construction projects. The Administration submits the attached listing for roofing, HVAC, electrical, and carpet/tile projects as well as new construction projects. Cost: To be determined by School Board Funding Source: Recommendation: I move approval of the prioritized list of building repairs and construction as set by the Board. DEC-07-01 FRI 11:30 AH FAX NO. P. 03 ._. PULASKI COUNTY SPECIAL SCHOOL DISTl~ICT Donr.ld J. Henderson, ED.D. Assistant Superintendent TO: lJr. Gary Smith, Superintendent FROM: Dr. Donald J. Henderson, Assistant Superintendent Support Services DATE: October 1,200) RE: 1. 2. 3. Potential Priority Facility Projects ROOFING PRO.JECTS North Pltlaski High Oak Grove Elementary Sylvan IIills Uigh Total HV AC PRO.TRCTS $ 900,000.00 $ 448,000.00 $1,022,000.00 $2,370,000.00 DIVISION OF SUPPORT SERVICES 925 East Dixon Road/P.O. Box 8601 Little Rock, Arkansas 72216 (501) 4902227 fxt. 209 Fax: (501) 4~0-0483 1. 2. Baker Elementary Toll~son Elementary $ 13,000.00 R~-plncc 9-window units w/sp[it systems 1. 2. 3. $ 102.,_611.00 Rcph1.cc all window A/C units w/split sy5k ms Total $ 115,6ll.0O ELECTRICAL PROJECTS Jncksonville Elementary Oakbrookc Elementary Pinewt)Od Elementary Total S 281,000.00 S 267,000.00 ~ 275,000.00 $ 823,000.00 DEC-07-01 FRI tt:30 AM. FAX NO. P. 04 1. 2. 3. 4. 5. I. 2. CARllE'f/TILE PROJECTS Cato Elementary Pinewood Elementary Oak Grove Iligh Jacksonville Junior High Sylvnn Hills High Replace carpel in all classrooms and offices. Tile main rntry, restroom entry areas and main offices area. $ 51,300.00 Replace carpet in all classrooms and offices. Tile main t'ntrance, cafeteria and main office area. S 49,400.00 Replace main office area with tile. Replace media center carpet. $ 8,500.00 Replace media center carpet and replace main office caT) )et with tile. S 6,950.00 Replace media center carpet. Replace front office carpet with tile. $ 5,775.00 Toh1l amount for carpet projects $121,925.00 (est.) RENOVATION SUBTOTAL NEW CONSTRUCTION PROJE~TS $ 3,-130,536.00 Crystal Hill Area North Pulaski High Build a 800 pupil middle school. $10,900,078.00 Option A: l3uild an athletic field house. Convert current training and locker rooms into 4-classrooms S 1,084,969.00 Option B: Build a. 4-classroom addition $ 600,000.00 NEW CONSTRUCTION SUBTOTAL $12,585,047.00 ESTIMATED TOTAL FOR RENOVATIONS AND N:EW CONSTRUCTION PROJECTS $16,015,583.00 l 0% Contingency $ 1,601.558.30 CRANJ) ESTIMATED TOT.AL .ll'l,617,14].~0 BALANCE IN BUILDING J.fUND, 8/30/01 $ 5,592,490.00 DEC-07-01 FRI tt:-30 AH FAX NO. Regular Board Meeting October 9, 2001 Page 4 New Fh1,5lness Election of Officers 10/9/01 Appointment Ex Offi cl o Secretary, Treasurer, and Legal Counsel 10/9/01 Approval of Bond Resolution 10/9/01 Lease of Land North Pulaski Recreation Committee 10/9/01 Approval of Prioritized Llst of Building Repairs and Construction . 10/9/01 Roll Call Vot~ Yeas: Manfredini, Roberts, Shaneyfelt, Tatum, Wilfiams Nays: O'Brien Mr. Sharpe acknowledged that the te.ims had met three times and that they did differ in t.'1elr opinion of the Board's charge. He said the team advised PASS to alter its request because the Board would net likely support the 6.8 percent salary, but the union refused to move from that position. Ms. Williams opened the election of officers by nominating Mrs. Tatum fer President. Mrs. Tatum was elected President. Mr. O'Brien nominated Mrs. Roberts for Vice President Mrs. Roberts was elected Vice PresidenL Mrs. Tatum nominated Ms. Williams for Secretary. Mrs. Roberts nominated Mr. Shaneyfeit for Secretaiy, Ms. Williams was elected Secretary. Mr, O'Brien moved, seconded by Mr. Shaneyfelt, to appoint Superinlendent Gary Smith as ex officio fi11anclal secretary, Assistant Superintendent for Business/CFO John Archetko as treasurer, Wright Llnd$ey & Jennings, Skokos Bequette & Billingsley, ~nd Henry Osterloh as legal counsel. The motion carried . Mr, Shaneyfelt moved, seconded by Mr. O'Brien, approval of a resolution refunding the 1996 bond Issue for Interest savings and to award the bond sale to Morgan Stanley DW Inc. at an Interest rate of 4.4668 percent. The motion carried. See attachment, Mr. O'Brien moved, seconded by Mrs. Roberts, approval to lease 4.7 ao-es ln the Bayou Meta community to ttle North Pulaski Recreation Committee for six years at a payment of $1 per year, The motion carried. The Administration presented a prioritized list of the most urgent repairs needed at the District's schools. Toe repairs totaling $3.4 million Included roofing, HVAC, electrfcal and carpet/tile proj ects. Mr. O'Brien moved, seconded by Mrs. Tatum, approval or the prioritized list of building repairs induding roofing, HV/\C, electrical, ,ind carpet/tile projects totaling $3.4 million to be paid from the building fund. The motion P. 05 DEC-07-01 FRI tl:30 AM FAX NO. Regular Board Meeting October 9, 2001 Page 5 f!QM.d Member CommcnJ,i 10/9/01 carried four (4) to two (2) In a roll call vote. See attachment. Roll Cail Vote Yeas: Manfredini, O'Brien, Roberts, Tatum Nays: Shaneyfelt, Williams Voting against the expenditure, Ms. Williams said the list of repairs was prepared without input from the Board. ' . Mr. O'Brien called tile plan for repai~ not much more than a Band-Aid, but said it shows that the District Is trying to address the most critical needs. Toe administration also listed as top priorities for construction an 800 pupil middle school in the Crystal Hill area and a fourclassrocrn addition to North Pulaski High. Toe Board directed Superintendent Smith to prepare a recommend.ition by the November Board meeting for ral5ing the $11 million _needed for those projects. Dr. Smit11 reported tl1at John Walker, altorney for the Joshua l nlervenors, discussed with the District's legal counsel the possibility of adding dassroom space at Baker Elementary, Mrs. Tatum expressed her appreciation for the dedication ceremony of the Mildred C. Tatum Media Center at Mills High. She sc1id she was truly humbled by the honor c1nd the recognition of her contribution as a school board member, She thanked the Board for their confidence in electing her as President. Mrs. Roberts extended congrutvlations to Oak Grove Elementary Principal Truett McCurry on being name a National Distinguished Principal. She .ilso congratulated Mary Ask, Pine Forest Elementary Principal, and her st.aff for their Improvement on the Benchmark Exams, Mr. Shaneyfelt announced that the schools In Zone 2 would host a reception to honor former Board Member Ruth Tucker at 2. p,m, on October 14. He congratulated Mrs. Tatum on her election as President and said he looked forward to working with her. Mr, Shaneyfelt s;;ld the Board valued PASS employees and that he was still prep.ired to recommend an increase in insurance benefits For the PASS group. P. 06 JOHN W. WALKER SHAWN CHILDS JOHN W. WALKER, P.A. ATTORNEY AT LAW 1 723 BROADWAY LITTLE ROCK, ARKANSAS 72206 TELEPHONE (501) 374-3758 FAX (501) 374-4187 December 7, 2001 Mr. J arnes McCormick United States District Court Clerk 400 West Capitol, 4th Floor Little Rock, AR 72201 DEC l. 0 2001 OFFICE OF OtSEGREGffflON MONITORf OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 HENDERSON ROAD LITTLE ROCK, ARKANSAS 72210 PHONE: (501) 372-3425 FAX (501) 372-3428 EMAIL: mchenryd@swbell.net Re:4:CV820866SWW, Little Rock School District v. PCSSD, et al Dear Mr. McCormick: Enclosed please find pleading for filing. Also enclosed is a self addressed stamped envelope for the return of a file marked copy. Thank you for your attention to this matter. JWW:js Enclosures cc: Mr. Sam Jones Ms. Ann S. Marshall IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITJLE ROCK SCHOOL DISTRICT VS. CASE NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE W. KNIGHT, ET AL. RESPONSE TO ORDER FILED NOVEMBER 30. 2001 RECEIVED DEC 1 0 2001 Off/Cf Of DESEGREGATIONAIJIJrlls PLAINTIFF DEFENDANTS INTER VENO RS INTER VENO RS Come now the Joshua Intervenors, by and through undersigned counsel, for its' response - to the court's order dated November 30, 2001 . 1. On December 3, 2001 , undersigned counsel received a copy of the court 's order. 2. The parties have been attempting to address the issues in the spirit suggested by the court. The parties expect this matter resolved in an acceptable matter pendente lite. 3. Upon resolution, the parties will promptly inform the court. Respectfully submitted, John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206 501-374-3758 501-374-4187 64046 CERTIFICATE OF SERVICE I do hereby state that a copy of this response has been sent to Mr. Sam Jones, Wright, Lindsey and Jennings, 200 West Capitol Avenue, Suite 2200, Little Rock, AR 72201 and Ms. Ann S. Marshall, 124 West Capitol Avenue, Suite 1895, Little Rock, AR 72201. FILED _ U.S. DISTRICT COURT IN THE UNITED STATES DISTRICT ttB~T"3 TR l: T A P '{J\f\l C::AS EASTERN DISTRICT OF ARKANSAS DEC 7 2001 WESTERN DIVISION JAMES w. IVlC~U~, CLERK ay: \ DEP.CLERK. LITTLE ROCK SCHOOL DISTRICT PLAINTIFF vs. 4 : 82CV00866 SWW NORTH LITTLE ROCK SCHOOL DISTRICT, ET AL MRS. LORENE JOSHUA, ET AL MRS. KATHERINE KNIGHT , ET AL 0 R D E R OfflCEOF J~ON MONITORINO INTERVENORS INTERVENORS Before the Court is the motion filed by the Joshua Intervenors for a continuance of the discovery hearing scheduled for December 7 , 2001 , due to counsel ' s involvement in the trial of a nother matter. Counsel for the Little Rock School District has advised the Court that there is no objection to this request. Therefore , the motion will be granted . The discovery hearing in this matter is hereby continued and rescheduled for 2 :15 p.m. on Tuesday, December 11, 2001. The issues for this hearing will be as set forth in the Court ' s previous order which originally scheduled the discovery hearing . IT IS SO ORDERED this 71\ day of December , 2001 . THIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPLIANCE WITH RULE 58 AND/Om FRCP n N J ;-,;/{fl/ 0/ BY__._.~~"4----- Chief United States District Judge 5 5 5 5013744187 WALKER LAl,J FI RM IN THE l,"NITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTR.1CT VS. CASE NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DTSTRlCT NO. l, ET AL 1\1.RS. LORENE JOSHUA, ET AL. KATHERINE W. KNIGHT, ET AL RESPONSE TO ORDER REGARDING LRSD'S MARCH 15, 2001 COM PLJANCE REPORT 088 P02 DEC 11 '01 17:44 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Come now the Joshua lntervenors, by and through undersigned counsel, for its' response to the court's order regarding areas for addit ional hearing dates and respectfully show the Court that it intends to show noncompliance by the Little Rock School District with respect to the following additional areas with respect to Lhe Revised Desegregation and Education Plan: 1) Bad Faith - Section 2.1 2) Desegregation Experts - Sections 2.1.l 3) Extracurricular Activities - Section 2.6.l 4) Advanced Placement Courses - Section 2.6.l 5) Guidance & Counseling - Section 2.11 6) Achievement - Section 2. 7 7) Student Assignment/ Racial Balance - Sections 3,1 and 3.8 8) Middle Schools - Section 3.4 5013744187 l,JALKER LAl,.J F IRM 088 P03 DEC 11 '01 17:44 9) School Closing/Construction - Section 3.6 10) Housi11g - Section 3.9 11) lnterdistrict Schools - Section 4.0 12) Incentive Schools - Section 5.5 13) Alternative Education - Section 5,6 14) Compliance Program - Section 6.0 15) Plan Modification - Section 7.0 16) Programs, Policies and Procedures - Section 8.3 Since the burden of proof is upon Joshua, counsel for the Joshua Intervenors respectfully request that the Court allow an additional three weeks in order for it to submit its proof with respect to the aforementioned areas. Respectfully submitted, John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206 501-374-3758 501 -374-4 l 87(fax) ~w~tK~~ CERTlFTCA TE OF SERVICE l do hereby that certify that a copy of the foregoing been hand delivered to all counsel of record on this 11 th day of December. 200 I . 5013744187 l,JAU<EP LAl,J FIRM 088 P01 DEC 11 '01 17:44 JOHN W WALJ(ER~ P.A . .. A .. ti:omey C1.t L1.W 1 723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 F-1:c (501) 371-4:187 FA .X. TRANSMISSION COVER SHEET Date: To: Fax: Re: Sender: YOU SHOUW RECEIVE [ 3 (including coJ1er shet:t)J PAGE(S), LNCLUDING THIS COv-:ER SHEET IF YOU DO 1VOT RECEIVE ALL THE PAGES, PLEASE CALL "<(501) 374-3758>" The information contained in this facsimile message is attorney privileged and confidential informac.ibn intended only for the use of che individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible co deliver it to the intended recipient, you are hereby no tilled t.ha1 any dissemination, distribution or copying of this communication is strictly prohibited. ff you have received this communication in error, please in1mediate notify us by telephone, and return che original message to us at the above address via the: U.S. Postal Service. Thank you. FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DEC f 2 2001 WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, JA_MES 'f": ~MACK, CLERK By. \ , [\J\A ~ D CLERK Plaintiff, VS. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al., Intervenors. * * * * * * * * * * * * * No. 4:82CV00866 SWW /. ( l .RECEIVED DtC 1 7 2001. OfRCEOF DE88MATION IIONITORJN6 SCHEDULING ORDER FOR JANUARY 28, 2002 HEARING On December 11 , 2001 , the Court held a scheduling and discovery hearing in this matter, and established the following. The following issues, listed in order of priority to the Court, will be addressed at the January 28, 2002 hearing: (1) Student Achievement; (2) Advanced Placement; (3) Guidance and Counseling; and ( 4) Extra-curricular Activities. Joshua and the LRSD shall have an equal amount of time for their presentations, and may contact the Court's staff to determine the amount of time that will be available to them. On or before December 29, 2001 , counsel for Joshua and the LRSD shall meet to exchange exhibits and exhibit lists. On or before January 12, 2002, counsel for Joshua and the LRSD shall exchange witness lists. .On or before January 21, 2002, the parties shall exchange final witness lists and final exhibit lists, exchanging any additional exhibits, if necessary. The final witness lists shall include only witnesses who were listed on the January 12, 2002 witness lists (no additional witnesses may be added after that date). In conducting discovery prior to the January 28, 2002 hearing, the parties shall have up to and including five days to respond to a discovery request. All discovery requests shall be made such that responsive materials will be provided before January 21 , 2002. On every occasion the parties exchange exhibit lists, witness lists, and exhibits under this Order, the parties shall provide the Court with exact copies of these lists and exhibits. If a party intends to refer to an exhibit already in the record, in place of exchanging the exhibit or providing it to the Court, the party shall specify the exhibit, including the document number and page number where appropriate. Toe parties are directed to provide exhibits to the Court in paper form; exhibits may not be provided on diskette or CD-rom without the express permission of the Court. The Court will be available to the parties during this discovery period, and the parties should not hesitate to contact the Court if the Court's intervention becomes necessary. f(__ IT IS SO ORDERED THIS /;J__ DAY OF DECEMBER, 2001 I ~~! ~4: HIBFJUDGE " UNITED STATES DISTRICT COURT THIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPLIANCE WITH RULE 58 ANO/O~ FRCP ON IJ, 13-0 / gy_m_:__ _ 2 REC IVED OEC 1 7 2001 - --QfflC-Etf - IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866SWW PLAINTIFF PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. DEFENDANTS INTERVENORS INTERVENORS MOTION FOR APPROVAL OF MIDDLE SCHOOL SITE The PCSSD for its motion, states: 1. By this motion, the PCSSD seeks a determination by this Court that Plan 2000 authorizes the construction of a new middle school within the city limits of the Town of Maumelle. 2. This motion is accompanied by a memorandum which more fully sets forth the bases for this motion. WHEREFORE, the PCSSD prays for a declaration of this Court that Plan 2000 authorizes the construction of a new middle school within the city limits of Maumelle, Arkansas and for all proper relief. 302820-v1 Respectfully submitted, WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 By ~? ,c,____ es Ill ) ulaski ty Special CERTIFICATE OF SERVICE On December 13, 2001, a copy of the foregoing was served via U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Ark.ansas 72201 Mr. Christopher Heller Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm P.O. Box 17388 Little Rock, Arkansas 72222-7388 Mr. Mark A. Hagemeier Ms. Colette D. Honorable Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 302820-v1 ones 1110 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO .. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED DEC 1? zom r-lGEGF ~Tf ON.:flON"OR/N(I. PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS MEMORANDUMINSUPPORTOFPCSSD MOTION FOR APPROVAL OF MIDDLE SCHOOL SITE The Specific Relief Sought The PCSSD seeks by this motion to have this Court interpret the literal language of Plan 2000 which states in pertinent part that: "An elementary school, located around 145th Street, and a middle school or junior high school in the Crystal Hill\Maumelle area will be built." The new elementary school has been built and named Bates. By this motion, the PCS SD seeks a declaration of this Court that a middle school located within the Maumelle city limits is in fact permitted pursuant to Plan 2000. While the PCSSD will enumerate below the steps it has taken in respect of a site in Maumelle, the PCSSD also states that steps related to the selection and approval of a geographically specific site have not yet taken place. For instance, the PCSSD has - not yet consulted the administrations of the Little Rock and North Little Rock School Districts, the PCSSD has not yet submitted a proposed site to its bi-racial committee for 301134-v1 - consideration, no specific site has been finalized and no recent public meetings have been held in the Maumelle and Oak Grove Communities, the District has yet to form a site selection bi-racial committee which include representatives of the LRSD, the NLRSD and the Joshua lntervenors, and the ODM has not yet been specifically consulted concerning a specific site. None of this has been done pending obtaining the Court's views upon the matter specifically as they relate to Plan 2000. No specific site has been proposed, both because the PCSSD needs and desires the interpretation of this Court and because selection of a specific site at this time would likely artificially elevate the acquisition cost. Accordingly, and absent any other specific information at this time, the motion of the PCSSD is very simple, to-wit: May it explore and ultimately propose to this Court a - middle school site located within the city limits of Maumelle? A Brief History 1. Pine Forrest Elementary School remains the only PCSSD school within the city limits of Maumelle. Pine Forrest Elementary School was built in 1980. The present capacity of the school as used this year is 556.. Maumelle was incorporated in 1985 with a population of 4,359. Today, the population of Maumelle is approximately 10,557. 2. Since its inception as a town in the 1960s, junior and senior high students from Maumelle have all been bused to Oak Grove Junior-Senior High School. As noted in previous filings with this Court, the PCSSD desires to convert Oak Grove into a 9-12 high school and to construct a middle school to substitute for the current Oak Grove - Junior High School. 301134-v1 2 3. Currently, Pine Forrest Elementary, which would jettison its sixth grade under this proposal, can accommodate only 63% of K-6 children residing in Maumelle. The remainder are currently bused to either Crystal Hill Elementary or Oak Grove Elementary. Under this proposal, both Crystal Hill and Oak Grove Elementary would become K-5 schools. The Site Selection Process 4. Plan 2000 specifically provides that, "An elementary school, located around 145th Street, and a middle school or junior high school in the Crystal Hill\Maumelle area will be built." 5. Certain leaders of the Maumelle Community have proposed that a site located on Count Massie Road be secured for the construction of a new middle school. - This site qualifies as a racially neutral site because it is located in a larger commercial area and is not bounded by any neighborhood and contains no "housing stock". 6. This possible site would fall within a line that can currently be drawn between the new Maumelle Charter School located within a densely populated residential area of Maumelle and Central Arkansas Christian which is located north of Crystal Hill Elementary School. This site would enable the PCSSD to more directly and efficiently compete with both the privately run charter school and Central Arkansas Christian. Both schools currently draw significant numbers of middle school age children from the Maumelle area. 7. The property currently owned by the PCSSD adjacent to Crystal Hill Elementary would be sold to help defray acquisition and construction costs of the new middle school. 301134-v1 3 - 8. To accommodate current M to M sixth graders at Crystal Hill and to otherwise help realize a fully intergraded middle school, the PCSSD would reserve 100 seats at the new middle school for M to M students. 9. The PCSSD Board of Directors voted 6 to Oto seek approval for a school located within Maumelle at their meeting held on November 13, 2001 . 10. Face to face communications have been had with counsel for Joshua as regards a new middle school located within Maumelle. Advantages of a Maumelle Site 11. Overall, the PCSSD believes that the proposed site will reduce busing and the attendant transportation expense. 12. The proposed school will allow the PCSSD to complete its conversion to - the middle school system and will relieve over-crowding at the land-locked Oak Grove Campus. 13. The proposed school will allow the PCSSD to establish an interdistrict middle school offering more choices and grade levels particularly for those LRSD students who currently attend Crystal Hill Elementary. 14. The PCSSD believes that the location and construction of this school will finally pave the way to secure support for millage increases in the Maumelle area, a very practical and necessary matter for the PCSSD to achieve. The PCSSD proposes to construct the school with a capacity of 1,000 students providing room not only for the 100 seats reserved for M to M students, but also space for students who can be attracted from the charter school, private schools and children who are currently being home-schooled. 301134-v1 4 15. The PCSSD proposes to begin construction by October 2002 so that the new facility can be open for education by August 2003. 16. The PCSSD proposes to pay for the acquisition and the construction of the school by a new bond issue or by re-financing existing debt. WHEREFORE, the PCSSD prays that the Court approve the concept of a new middle school located within Maumelle which would reserve 100 seats for M to M transfer students and for all proper relief. 301134-v1 Respectfully submitted, WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 Special 5 CERTIFICATE OF SERVICE On December 13, 2001, a copy of the foregoing was served via U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm P.O. Box 17388 Little Rock, Arkansas 72222-7388 Mr. Mark A. Hagemeier Ms. Colette D. Honorable Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 301134-v1 6 RECEIVED DEC 1 7 200\ - 0ff\Ct0F DESEGREGATION MONITORINB INTHE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, Plaintiff, FILED EAsTMR 5 rii ~,i~~'g ~~~~sAs DEC f 3 2001 vs. * * * * No. 4:82CV00866 SWW PULASKI COUNTY SPECIAL SCHOOL * DISTRICT NO. 1, et al., * Defendants, * MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al., Intervenors. * * * * * * ORDER The Court is in receipt of Joshua's response to this Court's Order of November 30, 2001 , - in which Joshua states the parties are still attempting to resolve the matters raised in Joshua's motion for relief from Orders entered on April 27, 2000 and May 9, 2001 by Gary Smith [docket no. 3473]. The Court hereby directs Joshua to inform the Court on or before February 15, 2002 whether it is necessary for the Court to rule on this motion or whether the motion should be removed from the Court's docket. If the Court does not hear from Joshua by that date, the Court will assume that Joshua intends the motion be removed from the Court's docket. ~ IT IS SO ORDERED THIS /(3 DAY OF DECEMBER, 2001 c~~JX+t UNITED STATES DISTRICT COURT THIS DOCUMENT ENTERED ON