Court filings concerning Baker recruitment plan, school resources study, orders entered on April 27, 2000, and May 9, 2001, and Joshua's objections to unitary status

District Court, motion to withdraw as counsel for state defendants; District Court, Pulaski County Special School District's (PCSSD's) reply to Joshua intervenors' objections to Baker recruitment plan; District Court, notice of filing of school resources study; District Court, motion for relief from orders entered on April 27, 2000, and May 9, 2001, by defendant Gary Smith and for other appropriate and/or alternative relief; District Court, corrected motion for relief from orders entered on April 27, 2000, and May 9, 2001, by defendant Gary Smith, and for other appropriate and/or alternative relief; District Court, motion for preliminary injunction; District Court, memorandum in support of motion for preliminary injunction; District Court, plaintiff's first set of interrogatories and requests for production to the Joshua intervenors regarding Joshua's objections to unitary status; District Court, two orders The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors. LAW OFFICES MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L .C. TIMOTHY G. GAUGER DIRECT DIAL 501 - eBB- B843 e-mail tgeugeiOmwsgw.com M. Samuel Jones, III Wright, Lindsey & Jennings . 2000 NationsBank Bldg. 200 West Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell Roachell Law Firm P. 0 . Box 17388 Little Rock, AR 72222-7388 Ann Marshall 42!5 WEST CAPITOL AVENUE, SUITE 1800 LITTLE ROCK, ARKANSAS 72201- 3!52!5 TELEPHONE !501 -688-8800 FAX !501-688-8807 August 6, 2001 Sammye Taylor Mark Hagemeier RECEIVED AUG S ~ 2001 Clflllf ,, ...... ,, Arkansas Atomey General's Office 323 Center Street, Suite 200 Little Rock, AR 72201 Christopher Heller Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Little Rock, AR 72201 Stephen W. Jones Jack, Lyon & Jones 3400 TCBY Tower 425 West Capitol Little Rock, AR 72201 Office of Desegregation Monitoring 123 West Capitol, Suite 1895 Little Rock, AR 72201 Re: Little Rock School District v. Pulaski County Special School District No. I, et al; No. 4: 82 CV 000866 SWW Counsel and Ms. Marshall: Enclosed for your files is a copy of the Motion To Withdraw As Counsel For State Defendants which I have filed today in the above-referenced matter. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C . Counsel of Record and Ms. Ann Marshall August 6, 200 I Page2 TGG/jd Enclosure Very truly yours, MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. ~a7/4~ By t,,:.J/ f/--; IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. No. 4:82CV000866 SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. PLAINTIFF DEFENDANTS MOTION TO WITHDRAW AS COUNSEL FOR STATE DEFENDANTS Timothy Gauger and Mitchell, Williams, Selig, Gates & Woodyard, PLLC hereby move the Court for an order pennitting them to withdraw as counsel of record for the State Defendants in the above-referenced case. The motion is made on the following grounds: 1. In February, 2001, the undersigned left his employment with the Office of the Attorney General. He has continued to assist in the representation of the State Defendants as outside counsel under contract with the Arkansas Attorney General's office. That contract has expired, and the undersigned is therefore no longer authorized to represent the State Defendants in this action. 2. The undersigned's withdrawal will not prejudice any party to this action. The State Defendants will continue to be represented by Chief Barrister Sammye Taylor and Assistant Attorney General Mark Hagemeier of the Attorney General's office. WHEREFORE, Timothy Gauger and Mitchell, Williams, Selig, Gates & Woodyard, PLLC respectfully request that the Court enter an order permitting them to withdraw as counsel of record for the State Defendants. Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 425 West Capitol, Suite 1800 Little Rock, Arkansas 72201-3525 (501) 688-8800 CERTIFICATE OF SERVICE I, Timothy Gauger, certify that on August 6, 2001, 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 Bldg. 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell Roachell Law Firm P. 0. Box 17388 Little Rock, AR 72222-7388 Sammye Taylor Mark Hagemeier Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, AR 72201 Christopher Heller Friday, Eldredge & Clark 2000 Regions Center 400 W. Capitol Little Rock, AR 72201-3493 Stephen W. Jones Jack, Lyon & Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 Ann Marshall Office of Desegregation Monitoring 124 West Capitol, Suite 1895 Little Rock, AR 72201 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. PCSSD'S REPLY TO JOSHUA INTERVENORS' OBJECTIONS TO BAKER RECRUITMENT PLAN RECEIVED ~UG '7 200\ -=- PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS There are no geographical limits. but rather a discreet targeted area. Baker remains open, on a space available basis, to any African-American student from the LRSD who would like to attend and who is in good standing with the LRSD. The PCSSD has been criticized in the past for recruitment efforts which, its detractors asserted, lacked "focus". In contrast here, the PCSSD has identified a minority community proximate to Baker. Baker is the closest public school of any kind to Chenal Park. Because of the limited number of seats that can be made available at Baker, the PCSSD submits that it is not only reasonable but prudent for the PCSSD to designate Chenal Park as its principal recruiting target. 273080-v1 Except for the kindergarten classes to be added, there is little available space at Baker At Page 4 of its objection, Joshua asserts that: Joshua notes that the response of the defendant is from defendant's counsel; it is without affidavit support and the factual representations may not be subject to examination because they have been lawyer generated. PCSSD first notes that the statistical representations made by the PCSSD were supported by exhibits from both the LRSD and the Baker school itself. In contrast, Joshua asserts with absolutely no factual support the following at Page 3: d) The defendants allege that they have not admitted more minority students to Baker, despite the applications of minority students for Baker from Little Rock, because the PCSSD "has not had room at Baker to accommodate all of [their] requests". This proposition is factually incorrect on its face. See the ODM report on capacity. Baker does not now appear to be at or near capacity. Indeed, Baker has space to accommodate, without class additions 70 students. It could easily accommodate more than 40 black applicants in grades kindergarten through fifth with ease at one time. While Joshua vaguely refers to an undated and otherwise unidentified ODM report, the fact is, there is no such ODM report which reflects anything even approximating that which Joshua has asserted concerning room for 70 additional students. As the Court can see from a re-examination of Exhibit 1 to the PCSSD Baker Recruitment Plan dated July 13, 2001, with the exception of the fifth grade, a temporary anomaly, there are simply no seats at Baker before the addition of the proposed kindergarten classes. One simply cannot take the two former sixth grade class rooms and magically convert them to seats spread over K-5. The remaining "math" contained in subsection d) of Joshua's objection is equally - flawed and consistently obtuse. 273080-v1 2 Joshua spurned the PCSSD overtures to participate in the Baker planning process. On May 18, 2001, the PCSSD proposed the Court approval of the activities complex at Baker. In that submission, the PCSSD specifically proposed that it develop in conjunction with Joshua a specific recruiting plan for Baker. (Motion pp. 2-3) On the same day, counsel wrote Joshua regarding the Baker M to M issue (Exhibit "A"), stating in pertinent part that: I would hope that you could meet at least once with us, both so that we could have your input and so you can completely understand the logistics of this issue. I very much need to get it done next week. Please let me know when you could be available. Thereafter, events transpired which required the PCSSD to inform the Court that it appeared that Joshua's participation in such a plan would not be forthcoming at this time. With a copy to Joshua, we specifically informed the Court that: The Court will recall that we promised in our Baker motion field May 18, 2001, that we would consult with Joshua and furnish the Court with some particulars. While it appears that collaboration with Joshua on this issue is not going to occur at this time, nevertheless, we do wish to make a further filing and I wanted the Court to be aware that it should be imminent. (Exhibit "B", Emphasis Supplied) Thus, Joshua's current assertion that it was "not consulted" and should now be involved is simply false. IF THE COURT AND JOSHUA WISH FOR THE PCCSD TO STATE THE REAL REASON JOSHUA DECLINED TO PARTICIPATE, IT WILL BE OBLIGED TO HONOR SUCH A REQUEST. Conclusion The PCCSD Recruitment Plan is sound given the space limitations at Baker and the proximity of Chenal Park. Joshua's math and its mathematical assertions are not 273080-v1 3 only unsupported, they are simply not of this world. Joshua spurned the PCSSD's invitation to participate in this process and should not be heard to complain now. 273080-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~4~ ~'-:--- ~.--samuei1ineslll(7606o) J 1/ Attorneys tgrPulaski County Special \~strict ,J 4 CERTIFICATE OF SERVICE On August 6, 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 Ms. Sammye L. Taylor Mr. Mark A. Hagemeier 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 273080-v1 5 ., EDWARD L. WRIGHT (100~1177) ROBERTS . LINDSEY (1113-1081) ISAAC A. SCOTT. JR . JOHN G. LILE GORD_ O_ATHER.JR. TERRY HEWS DAVID ELL ROGER A. -...SGOW C. DOUGLAS BUfORO. 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 CHARLES C. PRICE CHARLES T. COLEMAN JAMES J. GLOVER EDWIN L, LOWTHER. JR . CHARLES L. SCHLUMBERGER WALTER E. MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E. BROWNSTEIN WALTER McSPADDN ROGER D. ROWE JOHN D. DAVIS VIA FACSIMILE Mr. John Walker John Walker, P.A. 1723 Broadway Little Rock, Arkansas 72206 WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE SUITE 2200 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 FAX (501) 376-9442 www .wlJ.com Of COUNSEL ALSTON JENNINGS RONALD A. MAY M. TODD WOOD Wrller's Direct Dlal No. 501-212-1273 mJonesOwlJ.com May 18, 2001 JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER RAY f . COX. JR. TROY A. PRICE PATRICIA SIEVERS HARRIS JAMES M. MOODY. JR. KATHRYN A. PRYOR J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILIER BETSY MEACHAM KYLE R. WILSON JENNlfER S. BROWN C. TAD BOHANNON MICHELE SIMMONS ALLGOOD KRISTI M. MOODY J. CHARLES DOUGHERTY" M. SEAN HATCH PHYLLIS M. 1,lcKENZIE ELISA MASTERSON WHITE JANE W. DUKE ROIERT W. GEORGE J. ANDREW VINES JUSTIN T. ALLEN CHRISTINE J. DAUGHERTY. Ph.D. ' l.lolnHd lo pn,ctlce before ,,.. Unled Slater Pa/ent - T-Ollicw Re: Little Rock School District v. Pulaski County Special School District; et al. USDC Docket No.: 4:82CV00866SWW Dear John: I am writing you this letter in case we do not connect by telephone this afternoon. This morning Karl Brown and I spent a considerable period of time with Beverly Ruthven discussing the issue of space accommodations for additional M to M transfer students at Baker. While we made some progress in that regard, this is not as easy an issue as you might expect. This afternoon I am filing a barebones motion to get the issue of the proposed construction on the judicial table. In the motion I recite that we will be working on the issue of space and transfers and will supplement the motion with a specific plan as soon as possible. I would hope that you could meet at least once with us, both so that we could have your input and so you can completely understand the logistics of this issue. I very much need to get it done next week. Please let me know when you could be available. Thanks. Cordially yours, MSJ:ao A~INDSEY & JENNINGS LLP ~muel Jones, Ill cc: Mr. Karl Brown 255714-v1 WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FACSIMILE COVER SHEET PLEASE DELIVER IMMEDIATELY DATE: May 18, 2001 TO: COMPANY: Mr. John Walker John Walker, P.A. Fax No. 374-4187 Message From: M. Samuel Jones Ill OUR FAX NO.: (501) 376-9442 TOTAL PAGES INCLUDING THIS PAGE: 2 REMARKS: CONFIRMATION: ~By Regular Mail By Expedited Mail None Rush DOCUMENT TRANSMITTED: P001 MESSAGE CONFIRMATION REPORT 05/18/01 15: 39 ID:WRIGHT LINDSEY SESS. MODE DATE/TIME TIME DISTANT STATION ID PAGES DIAL RESULT 639 G3.S 05/18 15:38 00'55" 5013744187 002/002 04 D K 6000 \ ' \ ... EDWARD L. WRIGHT (190,- 1977) RDBERT S. LINDSEY (11131111) ISAAC A. SCOTT, JR. JOHN G. LILE GORDON S, RATHER, JR. TERRY L, MATHEWS DAVIDII .-LL ROGER A. GOW C. DOUGL FORD, JR . PATRICK J. GOSS ALSTON JENNINGS, JR . JOHN R. TISDALE KATHLYN GRAVES II. SAMUEL JONES 111 JOHN WILLIAM SPIVEY 111 LEE J . MULDROW N.11 . NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMES J . GLOVER EDWIN L. LOWTHER, JR. CHARLU L. SCHLUMBERGER WAL TEA E. MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E. BROWNSTEIN WALTER McSPAOD!N ROGER 0. ROWE JOHN D. DAVIS WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE SUITE 2200 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 FAX (501) 376-9442 www.wlJ.com OF COUNSEL ALSTON JENNINGS RONALD A. MAY JAMES R, VAN DOVER II. TODO WOOD Writer's Direct Dial No . 501 -2121273 mJonuQwlJ.com June 6, 2001 The Honorable Susan Webber Wright 600 West Capitol, Suite 302 Little Rock, Arkansas 72201-3325 JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER RAY F. COX. JR. TROY A. PRICE PATIUCIA SIEVERS HARl'IIS JAMES II. MOODY, JIil. KATHRYN A. PRYOR J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERl'IY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER HT&Y MEACHAM KYLE R. WILSON JENNIFER S. BROWN C. TAD BOHANNON MICHELE SIMMONS ALLGOOD KRISTI II. MOODY J. CHARLES DOUGHERTY" II. SEAN HATCH PHYLLIS II. McKENZIE ELISA MASTERSON WHITE JANE W, DUKE ROBERT W. GEORGE J . ANDREW VINES JUSTIN T. ALLEN CHRISTINE J. DAUGHERTY, Ph.D. UcenMd lo pracllce - the lklled States Patent and Trademlrlr Offlce Re: Little Rock School District v. Pulaski County Special School District; et al. USDC Docket No.: 4:82CV00866SWW Dear Judge Wright: I am awaiting some student enrollment and gee code information from the Little Rock School District before I can finalize our proposed recruitment plan for Baker Elementary. The Court will recall that we promised in our Baker motion filed May 18, 2001, that we would consult with Joshua and furnish the Court with some particulars. While it appears that collaboration with Joshua on this issue is not going to occur at this time, nevertheless, we do wish to make a further filing and I wanted the Court to be aware that it should be imminent. Thank you very much. MSJ/ao cc: Ms. Ann Brown Marshall Mr. John W. Walker 259780-v1 Mr. Christopher Heller Mr. Richard Roachell Ms. Sammye L. Taylor Mr. Stephen W. Jones Cordially yours, WRIGHT, LINDSEY} JENNINGS LLP ----7 .7 7 ~ -j?~..__----- -" .,,,...,...~"" A;/ t--' M_..- Samuel ~ones Ill I ... ~ / .,., i /.' (. / '--' \. ____ .,,... RECEIVED IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION I\UG 7100\ tfil\1e-i: -- LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. NO. 4:82CV00866SWW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. DEFENDANTS INTERVENORS INTERVENORS NOTICE OF FILING OF SCHOOL RESOURCES STUDY Pursuant to Section "J" of the PCSSD Plan 2000, a School Resources Study was conducted under the auspices of a bi-racial committee of administrators, teachers and others. The roster of the committee is appended toward the end of the report. The report was completed in May 2001 and has now been approved by the School Board. Pursuant to page 6 of the narrative, the reader will note that the Study concluded there was no significant statistical difference between the racial composition of the District schools and the amount of resources allocated to a particular school. The Study in its entirety is appended to this filing as Exhibit "A". 273064-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----:-:---:::,,-+:-~_..;a'.".""":::-T"~------ . 060) r Pula~County Special . rict CERTIFICATE OF SERVICE On August 6, 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 Ms. Sammye L. Taylor Mr. Mark A. Hagemeier 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 273064-v1 2 RECEI\IED AUG 1 0 2001 - OFFIC~OF DESEGREGATI~ MONITOAIN6 IN THE UNITED STATES DISTRICT COUJ.&t EASTERN DISTRICT OF ARKANSA~ ~Li=~) ,WESTERN DIVISION EASTElN 1&ii~~'g '.{~~f~SAS AUG OB r31 LITTLE ROCK SCHOOL DISTRICT ~~:MES W. McCORMACK, t['~TIFF V. NO. LR-C-82-866 DEP CU,i;:'< PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. DEFENDANTS LORENE JOSHUA, ET AL. INTERVENORS MOTION FOR RELIEF FROM ORDERS ENTERED ON APRIL 27, 2000 AND MAY 9, 2001 BY DEFENDANT GARY SMITH, AND FOR OTHER APPROPRIATE AND/OR ALTERNATIVE RELIEF This motion is brought by the Joshua Intervenors against the Pulaski County Special School District Defendants (PCSSD) and especially against Defendant Gary Smith, Superintendent of Schools of PCS SD: The matter is of general public importance in that it affects African American students and their parents as a class. It involves implementation of the PCSSD Revised Desegregation Plan and the good faith of the defendants. The persons whose circumstances are being presented to the Court are referred to by fictitious names in order to avoid undue and inappropriate responses by persons related to the PCSSD to their having initiated this action and because of the ages and continuing enrollment in the PCSSD schools as small children. The parents of the minor children are referred to as "Harold" and "Amanda X". Their actual names will be presented to the Court and to the parties with a request that the actual names be sealed and kept out of the public domain. With this background, the Joshua Intervenors present the following set of facts upon which they seek for relief to be granted: -1- 1. Harold and Amanda X are the parents of Alisha X. Alisha X is a ten year old student who will be enrolled in PCS SD fifth grade elementary program during the 2001-2002 school year. Alisha X has a sister, Alisha Y, age four, who will be entering a four year old program in the PCS SD during the 2001-2002 school year. These parties are members of the certified class herein and they seek relief provided by the standing . Consent Decree or Court Order. 2. Dr. Gary Smith is the Superintendent of Schools of the PCSSD. Carl Brown is the Associate Superintendent of Schools for Desegregation for PCSSD, among other titles. Hazel W., also a fictitious name, was the Principal of Murrell Taylor Elementary School operated by PCSSD during the 1999-2000 school year. The actions which give rise to this motion began in April, 2000. 3. Prior to April, 2000, Harold and Amanda X were parents in good standing at Murrell Taylor Elementary School. Alisha X was enrolled as a student in the Gifted and Talented Program. Her grades, attendance and conduct were sterling. 4. In March, 2000, Alisha X took home a school communication informing the her parents that Alisha X was invited to participate in a Pre-teen America Scholarship Recognition Program. The program was limited to students in Gifted and Talented and was by invitation only. 5. On April 131\ Harold and Amanda X went to Murrell Taylor PTA, in conformity with the letter notice to Alisha X. Harold X expressed his gratitude to the school for selecting Alisha X to participate in the program. He further stated that he could not believe that the opportunity was real, and requested the support of the PT A so that -2- Alisha's participation in the competitive activity could be facilitated. Hazel W ., the Principal, stood in response to Harold X's statement and said that the invitation was extended to Alisha X in error and that she was not eligible by school rules to participate in this competition. A further reason given for rejecting the application and request for PTA help by School Principal Hazel W. was that Harold and Amanda X were not members of the PT A. Hazel W. was mistaken. Harold and Amanda X were in fact dues paying members for 1999-2000 as well as for the preceding year. 7. On April 14, 2000, Harold X went to Principal Hazel W.'s office to discuss the matter with Hazel W. Hazel W. declined to respond to Harold X's visit. On or about April 18, 2000, Harold X received a letter purportedly from the PT A Executive Board of Murrell Taylor which stated: "We apologize for any embarrassment that we may have caused you at the PTA meeting April 13, 2000. It was our clerical error and we are sorry." See Exhibit A hereto. 8. On April 18, 2000, Hazel W. wrote Harold and Amanda X a letter which is attached as Exhibit B regarding'what she referred to as a "confrontation that took place in the hallway after the PTA meeting on April 13, 2000". Hazel X went on to chastise Harold and Amanda X for a letter which they had written seeking financial support for their daughter to attend the "2000 Pre-teen Arkansas Scholarship Program." She then indicated that Harold and Amanda X misrepresented to the public that Alisha X was the school representative in that program. Hazel W. went on to say: "if this kind of conduct happens again, I want you to know that I will petition -3- Pupil Personnel to revoke the permit for [Alisha X] to attend school at Murrell Taylor Elementary." See Exhibit C. '," 9. On April 18, Amanda X went to Murrell Taylor in order to pick up Alisha X after school. Hazel W. called plaintiff into the principal' s office. At that meeting which Principal Hazel W. initiated, Hazel W. engaged Amanda X in conversation regarding a purported threat that Hazel W. said a parent had reported_to her that was made after the PTA, the night of the 13th of April. Hazel W. did not identify the parent who made the complaint or provide Amanda X with a written statement from the accusatory parent. Amanda X denied that she had threatened a parent and attempted to leave Hazel W.'s office. At that point, Hazel W. blocked the door. Amanda X sought to get around Hazel W. and in doing so opened the door and the door struck Hazel W. Hazel W. scratched plaintiff in the process as she sought to restrain Amanda X from leaving the office. Amanda X sustained other injuries as a result of her seeking to leave Hazel W. 's office. 10. AmandaX went to the Prosecuting Attorney's Office of Pulaski County on April 19, 2000 where she met "'.'ith Deputy Prosecutor John Johnson. She informed Deputy Prosecutor Johnson of her treatment. Johnson took her statement verbally and told her that he would get back with her. On information and belief, Johnson then informed Hazel W. that Amanda X was seeking to file a criminal charge against Hazel W. Upon Johnson's representation, Hazel W. then initiated criminal charges against Amanda X three days later. As a consequence of those charges, Amanda X was arrested, handcuffed, taken to county jail, photographed and fingerprinted. She -4- 11. stayed in jail overnight and was released on her own recognizance the next day. Amanda X was pros.ecuted in Jacksonville Municipal Court and charged with battery, second degree, a misdemeanor. The Jacksonville Municipal Court, the Honorable Robert Batton, convicted Amanda X. 12. On April 25, 2000, Judge Batton entered a No Contact Order. See Exhibit D. On 13. October 4, 2000, Judge Batton convicted plaintiff of Battery of Assault in the Second Degree. In the intervening time period minor Alisha X persisted despite Murrell Taylor's school officials' objections, won third place in the talent contest among 161 Gifted and Talented students from the State of Arkansas. No white Murrell Taylor student placed in the talent competition for the Pre-teen America Scholarship and Recognition Program. Amanda X appealed the decision to the Circuit Court to the Honorable John Langston and her conviction was upheld. That Court did not enter any Orders regarding plaintiff's ingress and egress to public schools in Pulaski County. The appeal abated the municipal court's jurisdiction. 14. Harold and Amanda X bring this action seeking vindication of their civil rights and of their rights under the Revised Desegregation Plan to be involved in the schools activities and lives of their school aged children. They have now have a four year old who will be entering the four year program at a PCSSD school. 15. Harold X appeared before the PCSSD School Board on or about June 12, 2001 in order to contest a restraining order upon Amanda X entered by Defendant Gary Smith, April 27, 2000 and another Order dated May 9, 2001 (see Exhibit E) which -5- restricted her access to and upon any PCS SD school property. The PCS SD Board did not consider the appeal. There is no other provision for appeal provided Harold and Amanda X and other parents from such Orders as those entered by Dr. Gary Smith. 16. The appearance of Harold X before the County Board of Education was pursuant to the Board policy which allowed public comment. The Board, pursuant to a policy drafted by Defendant Gary Smith, may not make responses to public comments. Only Smith may respond. Harold X's appearance was not really an appeal because the board was estopped by its own policy of hearing evidence regarding the matter. 17. Defendant Gary Smith delegated Carl Brown to respond to Harold X. Carl Brown, Desegregation Assistant Superintendent, informed Harold and Amanda X that he would seek to have minor Alisha X transferred into a school in the LRSD. Desegregation Superintendent Brown's view at the time was that such a transfer was not authorized by the transfer provision known as the majority to minority transfer between the LRSD and PCS SD. Under that agreement, however, African American PCSSD school children may not transfer to LRSD schools. 18. The foregoing acts developed because PCS SD School Officials sought to deny entry to a school recognition program to a black child. The only students who were invited by Murrell Taylor school officials to participate in the Pre-teen Recognition Program were white. The school had no standards for determining to whom to extend invitation regarding that honor. Murrell Taylor is a racially mixed school. It has many racial problems. School officials then sought to deter African American participation, on April 18, 2000 by threatening to "revoke the permit for [Alisha X] -6- 19. to attend school at Murrell Taylor Elementary". [Underlining added for emphasis] The Joshua Intervenors know of no law, regulation or board policy which allows a student's attendance at a particular school to be "revoked" because of a parent's conduct. Moreover, the Joshua Intervenors know of no white parents who have been threatened with punishment because they sought support of their child's participation , in a school related activity. Furthermore, the Joshua Intervenors believe and allege that the attendance of Alisha X in a PCSSD school is matter of right rather than privilege and that that right may not be revoked absent compelling circumstances, upon and after exhaustion of defined due process rules and regulations. There are no such rules or procedures of this kind in the PCSSD. There are other persons of African American ancestry who either have been, or, will be similarly affected by PCSSD school officials upon the advent of their seeking to avail themselves of rights, privileges and opportunities which are traditionally made available and limited in PCSSD to white children and their parents. 20. Amanda X's only adverse activity at this school was in trying to leave Hazel W. 's office on April 18, 2000, after being invited into, over the objection of Hazel W. As a consequence of trying to leave Hazel W.'s office, to which Amanda X had been invited, plaintiff was subjected to treatment grossly different from that of white parents. The treatment of Harold and Amanda X and their child, Alisha X, with respect to the Pre-teen Arkansas Scholarship and Recognition Program was racial. Their prosecution was racially motivated. It was initiated solely and simply because Harold and Amanda X sought to avail their minor African American child of an -7- 21. award and recognition which, unknown to this at the time, was not intended to be extended to African_American children, at least at Murrell Taylor Elementary SchooL By denying Amanda X access without threat of prosecution to PCS SD property, PCSSD officials deny Harold and Amanda X the equal right to participate in the school learning environment of their children. They also deny minors Alisha X, and Alisha Y, the four year old first year PCSSD student, the right to have their mother accompany them to and from school and to be available when emergencies arrive to provide care and comfort. School officials are effectively restrained from having any communication whatever with Amanda X The Gary Smith directives therefore tend to deny minor class member an opportunity to even attend schooL School officials have a practice of prosecuting African American students who are truant. Amanda X upon failure to secure attendance of minor Alisha X and Alisha Y is effectively being threatened with denial of truancy laws as welL 22. There is no legitimate public interest involved to support the administrative directives 23, from Defendant Gary Smith. The Order is void or voidable, as being in violation of the Desegregation Plan and of the Fourteenth Amendment and due process clauses. As long as this these Orders stand with respect to Amanda X, they will serve as a precedents for similar actions or exclusion regarding class members by Defendant Smith and his subordinates. Moreover, there is no way such Orders may be subjected to review before the PCSSD School Board. Due process is therefore absolutely lacking to a parent who is adversely affected by the Smith Orders herein. The parents in this case have exhausted whatever remedies which are provided by -8- PCSSD for administrative review of the Gary Smith Orders set forth herein have been unsuccessful. This action before this Court for declaratory, injunctive relief and other possibly relief including damages is the only available remedy that Harold and Amanda X have for being able to provide education to their children. Their children Alisha X and Alisha Y have no likelihood of being successful in school an