Court filings regarding Little Rock School District's (LRSD's) response to order and witness list, Arkansas Department of Education (ADE) project management tool, and Pulaski County Special School District (PCSSD) motion for excused absence.

<?xml version="1.0" encoding="utf-8"?>
<items type="array"> <item>

<dcterms_description type="array">

<dcterms_description>Court filings: District Court, Little Rock School District's (LRSD's) response to order; District Court, notice of hearing; District Court, order to show cause; District Court, Little Rock School District's (LRSD's) witness list; District Court, order; District Court, notice of appearance; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool; District Court, Pulaski County Special School District (PCSSD) motion for excused absence; District Court, order This transcript was create using Optical Character Recognition (OCR) and may contain some errors. Case 4:82-cv-00866-WRW-JTR Document 3943 Filed 10/04/2005 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT RECEIVED V. LR-C-82-866 OCT 5 2005 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL OFFICE OF DESEGREGATION MONl.:rORING LRSD'S RESPONSE TO ORDER PLAINTIFF DEFENDANTS For its response to the Court's September 30, 2005 Order directing the Little Rock School District (LRSD) to file a plenary response to each of five questions, LRSD states: QuestionNo.1: How long has LRSD known that they were not going to comply with the Court's direct, specific order? Response: LRSD, Joshua and ODM have known for months that benchmark examination results had not yet been reported. LRSD has known since September 19, 2005 that the Arkansas Department of Education would receive the results of the benchmark examinations from its contractor "around the first of October." LRSD has now received hard copies of the reports, but the electronic data necessary for the evaluations is not likely to be available for two or three weeks. Question No. 2: Why was the motion not filed until the 11 th hour? Response: The Motion was not filed earlier for at least three reasons, all of which were influenced by the fact that both Joshua and ODM were aware that benc;hmark examination results had not yet been reported and that the experts could not complete the Step 2 evaluations without them. First, LRSD did not know until September 19 when the 2004-05 benchmark scores would be released, and consequently would have had to request an indefinite extension of time. Second, Case 4:82-cv-00866-WRW-JTR Document 3943 Filed 10/04/2005 Page 2 of 4 LRSD discussed the situation with Joshua in June or July and was told by Joshua's counsel that Joshua not only would oppose any motion to extend time but would also seek to litigate other issues upon LRSD' s filing of such a motion. LRSD decided that there was no point in provoking additional litigation during the pendency of its appeal. Finally, the need for the extension of time was dictated by matters beyond LRSD's control. The timing of the motion would not alter the facts that the experts need the benchmark results and that LRSD could do nothing to hasten the delivery of those results. Question No. 3: Does this last minute filing demonstrate that LRSD is treating the Court's directives with studied neglect? Response: No. Question No. 4: Is LRSD playing for time in the hope that the Circuit Court of Appeals - will reverse, thereby relieving LRSD of what it was plainly obliged to do, regardless of the appeal? Response: No. LRSD believes in the merits of its appeal or it would not have filed it, but LRSD is not "playing for time." The requested extension of time is not based on anything LRSD did or failed to do or anything that LRSD has any control over. LRSD hired outside experts to complete four Step 2 program evaluations in accordance with the Court's Order. Those evaluations cannot be completed in any useful form without the benchmark examination results from the 2004-05 school year. Those results are only now becoming available. LRSD has no authority over the grading or reporting of benchmark examination scores. Those things are entirely within the control of the Arkansas Department of Education. 2 Case 4:82-cv-00866-WRW-JTR Document 3943 Filed 10/04/2005 Page 3 of 4 Finally, whether or not the Eighth Circuit Court of Appeals relieves LRSD of its future obligations under the compliance order, LRSD has contracted for four Step 2 evaluations which have been substantially completed. LRSD intends to receive completed evaluations in accordance with its contracts with Drs. Ross and Catterall and to use the evaluations to help judge the effectiveness of the academic programs which are the subjects of the evaluations. Question No. 5: Why should a last minute motion like this be granted? Response: The motion should be granted for the reasons set forth in response to question four above, and for the reasons set forth in the motion, including the letters from Dr. Ross and Dr. Catterall. If the motion is denied, LRSD would be compelled to file the evaluations immediately, even though they would contain no analysis of the benchmark results and consequently would not be of much use in evaluating the effectiveness of academic programs. Drs. Ross and Catterall would - be extremely reluctant to have their work publicized before they had the chance to complete the evaluations by incorporating and analyzing the results of the benchmark exams. Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE &amp; CLARK 2000 Regions Bank Bldg. 400 West Capitol A venue Little Rock, AR 72201 501/376-2011 Isl Christopher Heller 3 Case 4:82-cv-00866-WRW-JTR Document 3943 Filed 10/04/2005 Page 4 of 4 CERTIFICATE OF SERVICE I certify that on October 4, 2005, I have electronically filed the foregoing with the Clerk of the Court using the CM/EC. system, which will send notification of such filing to the following: mark.hagemeier@ag. state. ar. us sjones@mwsew.com sjones@ jlj .com johnwalkerattv@aol.com and mailed by U.S. regular mail to the following addresses: Gene Jones Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitols, Suite 1895 Little Rock, AR 72201 Mr. Clayton Black stock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 Judge J. Thomas Ray U. S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, AR 72201 Isl Christopher Heller Case 4:82-cv-00866-WRW-JTR Document 3945 Filed 10/05/2005 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 600 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201 -3325 (501)604-5140 RECEIVED Facsimile (501) 604-5149 October 5, 2005 Mr. Christopher J. Heller Friday, Eldredge &amp; Clark, LLP - Little Rock Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 Re: LRSD v. PCSSD, et al, Motion for Extension of Time Dear Counsel: OCT 6 2005 OFACEOF DESEGREGATION MONtTORINli A hearing will be held on your Motion to Extend Time (which was filed Thursday, September 29, 2005) on Monday, November 7, 2005, commencing at 8:30 a.m. It is very likely that other questions will be addressed at this hearing. An order setting forth the exact nature of the hearing will be entered furthwith. It is likely that I will want to hear testimony from the persons mentioned in your last two filings; so please arrange to have them available, as well as other witnesses you may want to call. Cordially, Isl Wm. R.Wilson,Jr. Original to the Clerk of the Court cc: the Honorable J. Thomas Ray, other lawyers of record, ODM. 10/05/2005 11 : 15 5016045149 WILSON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS C-' S9f.- RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-6140 Facalmile (501) 604-51A9 October 5, 20~ Mr. Christopher J. Heller Friday, Eldredge &amp; Clark, LLP - Little Rock Regions Center 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 Re: LRSD v. PCSSD, et al, Motion for Extension of Time Dear Counsel: PAGE 02/02 F/4t A hearing will be held on your Motion to Extend Time (which was filed Thursday, September 29, 2005) on Monday, November 7, 2005, commencing at 8:30 a.m. It is very likely that other questions will be addressed at this hearing. An order setting forth the exact nature- of the hearing will be entered forthwith. It is likely that I will want to hear testimony from the persons mentioned in your last two filings; so please arrange to have them available, as well as other witnesses you may want to call. Cordially, Isl Wm. R. Wilson.Jr. Original to the Clerk of the Court cc: the Honorable J. Thomas Ray; other lawyers of record, ODM. 10/05/2005 11:15 5016045149 WILSON FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS TO: Chris Heller SamJone5 Steve Jones John Walker Robert Prc!lsman Mark Hagemeier ODM Mark Burnette DATE: /0 - ) ,., 0S Telephone: 501-6045140 Fax Number: 501-604 5149 376-2147 688-8807 375.1027 374-4187 781862-1955 682-2591 371-0100 375-1940 There are 7- pages, including this Cover Sheet, being sent by this :facsimile transmission. MESSAGE SENT BY: Office of Judge Wm. R Wil U.S. District Court 600 West Capitol, Room 423 Little Rock, Arkansas 72201 Matt Morg1w. LRSD Law Clerk 501-604-5141 PAGE 01/02 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866-WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. ORDER TO SHOW CAUSE RECEIVED OCT 11 2005 OFACEOF DESEGREGATION MONtTORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS In the June 30, 2004 Order, I held that the LRSD had again failed to comply the desegregation obligations in 2.7.1 of the January 16, 1998 Revised Desegregation and Education Plan. 1 This Order, in part, reads: The four step 2 program evaluations for the 2004-05 school year must be filed with the Court no later than October 1, 2004.2 At the risk of being redundant, I entered a July 26, 2004 Order which read: Regardless of an appeal, LRSD is required to continue full speed ahead, on all points, with respect to the compliance remedy set forth in the Memorandum Opinion of June 30, 2004 (Doc. No. 3875). As was noted in the June 30 Memo, LRSD is required to do only what it volunteered to do. 3 Late on September 29, 2005, with one working day left before the October 1 deadline, LRSD filed a Motion to Extend Time to submit the four step 2 evaluations for the 2004-05 'A September 13, 2002 Order held that LRSD had substantially complied with all of its desegregation obligations except those contained in 2.7.1. 2Doc. No. 3875. 3Doc. No. 3890 (emphasis in original). school year. Because of uncompleted tasks, LRSD requested an extension until January 2006 to submit the evaluations. To date, the motion has not been granted and no evaluations have been filed. Accordingly, LRSD and its counsel are directed to appear at 8:30 a.m. on Monday, November 7, 2005 and show cause, if any there be, why they should not be held in contempt of court ( civil) for violating the June 30, 2004 Order -- specifically, the directive to file the four step 2 program evaluations for the 2004-05 school year no later than October 1, 2004. With respect to LRSD's Motion to Extend Time, filed on September 29, 2005, and with respect to LRSD's Response to Order filed on October 4, 2005, LRSD and its counsel are directed to also show cause, if any there be, why they should not be sanctioned, under Rule 11 of the Federal Rules of Civil Procedure, for the representations and omissions contained in these two documents. Among others, I would like for the following to appear, some of them to give testimony: A representative from the ODM; Dr. Karen DeJarnette; Dr. James S. Catterall; Dr. Steven M. Ross; Dr. Jim Wohleb; Each member of the Little Rock School District School Board; Dr. Roy G. Brooks, Superintendent of the Little Rock School District; The persons at the Arkansas Department of Education who oversee benchmark examinations; Such other person as any party may want to call as a witness. By 5 p.m., Wednesday, October 12, 2005, the LRSD is directed to file a list of the witnesses who it will call at the hearing (these persons will be expected to appear unless excused 2 by the Court). Within ten (10) days after the LRSD provides its witness list, Joshua must file its witness list (these persons will be expected to appear unless excused by the Court). IT IS SO ORDERED this 6th day of October, 2005. Isl Wm. R.Wilson Jr. UNITED STATES DISTRICT TIJDGE 3 1010 West Third Street Post Office Box 1510 Little Rock , AR 72203-1510 a rman J. Chachkin NAACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY 10013 Timothy Gerard Gauger Arkansas Attorney General ' s Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock , AR 72201-2610 James M. Llewellyn, Jr Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith , AR 72902-0818 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock , AR 72201 William P. Thompson Thompson &amp; Llewellyn , P.A . 412 South Eighteenth Street Post Office Box 818 - rt Smith, AR 72902-0818 Case 4:82-cv-00866-WRW-JTR Document 3950 Filed 10/12/2005 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL LRSD' S WITNESS LIST PLAINTIFF DEFENDANTS INTERVENORS INTER VEN ORS For its witness list for the hearing scheduled for November 7, 2005, the Little Rock School District provides the following: 1. 2. Gerie Jones Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitol, Suite 1895 ,Little Rock, AR 72201 - Dr. Karen DeJamette Little Rock School District Planning, Research and Evaluation 30th &amp; Pulaski Streets Little Rock, AR 72201 3. Dr. James S. Catterall Professor University of California P. 0. Box 951521 Los Angeles, CA 90005 4. Dr. Steven M. Ross Fadree Professor and Director Center for Research in Educational Policy 325 Browning Hall Memphis, TN-38152-3340 RECEIVED OCT 1 3 2005 OFFICE OF DESEGREGATION MONtTORING Case 4:82-cv-00866-WRW-JTR Document 3950 Filed 10/12/2005 Page 2 of 3 5. Jim Wohlleb Planning, Research and Evaluation 30th &amp; Pulaski Streets Little Rock, AR 72201 6. Dr. Roy Brooks Superintendent Little Rock School District 810 West Markham Little Rock, AR 72201 7. Dr. Gayle Potter Associate Director Academic Standards and Assessment Arkansas Department of Education #4 State Capitol Mall, Room 106A Little Rock, AR 72201 8. All witnesses listed by other parties and witnesses who may be necessary to provide rebuttal testimony Respectfully Submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE &amp; CLARK Christopher Heller (#81083) 2000 Regions Center 400 West Capitol Little Rock, AR 72201-3493 (501) 376-2011 Isl Christopher Heller , I Case 4:82-cv-00866-WRW-JTR Document 3950 Filed 10/12/2005 Page 3 of 3 CERTIFICATE OF SERVICE I certify that on October 12, 2005, I have electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which shall send notification of such filing to the following: mark.hae:emeier@ag.state.ar.us sjones@mwsgw.com sjones@jlj.com johnwalkeratty@aol.com and mailed by U.S. regular mail to the following addresses: Gene Jones Office of Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, AR 72201 3 Isl Christopher Heller UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866-WRWIJTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. ORDER RECEIVED OCT 2 4 2005 OFFICEOF DESEGREGATION MONA'ORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Pending is LRSD's Motion to Excuse Dr. James Caterall (Doc. No. 3951) from the November 7, 2005 Hearing. For good cause shown, the motion is GRANTED. However, Dr. Caterall must provide Mr. Heller with a phone number where he can be reached, if necessary, the day of the hearing. IT IS SO ORDERED this 20th day of October, 2005. Isl Wm. R.Wilson,Jr. UNITED STATES DISTRICT JUDGE Case 4:82-cv-00866-WRW-JTR Document 3956 Filed 10/28/2005 . Page 1 of 1 ,AO 458 /Rey I Q/95} Appearance UNITED STATES DISTRICT COURT EASTERN DIVISION NOTICE OF APPEARANCE LITTLE ROCK SCHOOL DISTRICT V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. l ET AL. To the Clerk of this court and all parties of record: Enter my appearance as counsel in this case for Case No: 4:82CV00866WRW RECEIVED NOV -1 2005 OFFICEOF DESEGREGATION MONl-TORING Friday, Eldredge &amp; Clark, Christopher Heller, and Little Rock School District for the limited purpose of representing them in connection with the Order to Show Cause matter pending in this Court. Date I certify that I am admitted to practice in this court. Philip E. Kaplan Print Name 68026 . Bar Number 415 Main St. Address Little Rock City S0I-372-0400 Phone Number pkaplan@kbmlaw.net E-Mail AR 72201 Stale Zip Code e. KAPLAN, BREWER, MAXEY &amp; HARALSON, P.A. PHILIP E. KAPLAN JOANN C. MAXEY REGINA HARALSON Of counsel: SILAS H. BREWER, JR. ATTORNEYS AT LAW ENCLOSURE MEMORANDUM DATE: October 31, 2005 TO: Manual notice recipients: Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC 101 O West Third Street Post Office Box 151 O Little Rock, AR 72203-151 0 Norman J. Chachkin NAACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY 10013 Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201 -2610 James M. Llewellyn, Jr Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 METRO CENTRE MALL 415 MAIN STREET LITTLE ROCK, AR 72201 (501) 372-0400 FAX (501) 376-3612 William P. Thompson Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 FROM: RE: ENCLOSURE: Philip E. Kaplan Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. et al. Notice of Appearance Page 1 of 2 Moler, Nina From: ecf_support@ared.uscourts.gov Sent: Friday, October 28, 2005 1 :42 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW-JTR Little Rock School, et al v. Pulaski Cty School, et al "Notice of Appearance" ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was received from Kaplan, Philip E. entered on 10/28/2005 at 1:41 PM CDT and filed on 10/28/2005 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Little Rock School District WARNING: CASE CLOSED on 01/26/1998 Document Number: 3956 Docket Text: NOTICE of Appearance by Philip E. Kaplan on behalf of Little Rock School District (Kaplan, Philip) The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l0/28/2005] [FileNumber=509898-0 ] [412b34e7f6ff637f536357f8eae2491515cd9304e18c7fd6d0130a96c7cde7688dd bcf73 lf d6b5144c9dl 15cc34 77917 cf5695350684442050dc5ef702879e6a]] 4:82-cv-866 Notice will be electronically mailed to: Mark Terry Burnette mburnette@mbbwi.com, John Clayburn Fendley , Jr fendley 1@alltel.net, Mark Arnold Hagemeier mark.hagemeier@arkansasag.gov, belecia.bledsoe@arkansasag.gov - Christopher J. Heller heller@fec.net, brendak@fec.net; tmiller@fec.net M: Samuel Jones , ill sjones@mwsgw.com, aoverton@mwsgw.com 10/31/2005 Stephen W. Jones sjones@jlj .com, kate.jones@jlj.com Philip E. Kaplan pkaplan@kbmlaw.net, nmoler@kbmlaw.net Sharon Carden Streett scstreett@comcast.net, scstreett@yahoo.com Page 2 of 2 Joh! n W. Walker johnwalkeratty@aol.com, lorap72297@aol.com; jspringer@gabrielmail.com 4:82-cv-866 Notice will be delivered by other means to: Clayton R. Blackstock . Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC 1010 West Third Street Post Office Box 1510 Little Rock, AR 72203-1510 Norman J. Chachkin NAACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY 10013 Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 William P. Thompson Thompso! n &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 10/31/2005. Arkansas DEPARTMENT OF EDUCATION 4STATECAPITOLMALL LITLEROCK,ARKANSAS 72201-1071 (501)682-4475 http://arkedu.state.ar.us Dr. Kenneth James, Commissioner of Education October 30, 2005 Mr. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Mark Burnette Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon P. 0. Box 1510 Little Rock, AR 72203-1510 Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Mr. M. Samuel Jones III RECEIVED OCT 3 1 2005 OFFICE OF DESEGREGATION MOKI-TORlNG Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 RE: Little Rock School District v. Pulaski County Special School District, et al. U.S. District Court No. 4:82-CV-866 WRW Dear Gentlemen: Per an agreement with the Attorney General's Office, I am filing the Arkansas Department of Education's Project Management Tool for the month of October 2005 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. J:;_J;fk Scott Smith General Counsel Arkansas Department of Education SS:law cc: Mark Hagemeier STATE BOARD OF EDUCATION: Chair - Dr. Jeanna Westmoreland, Arkadelphia, Vice Chair - Diane Tatum, Pine Bluff Members: *Sherry Burrow, Jonesboro *Shelby Hillman, Carlisle * Dr. Calvin King, Marianna *Randy Lawson, Bentonville *MaryJane Rebick, Little Rock *Dr. Naccaman Williams, Springdale An Equal Opportunity Employer \ - UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF LITTLE ROCK SCHOOL DISTRICT No. LR-C-82-866 WRW V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. l, 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 the ADE's Project Management Tool for October 2005. Resf fully Subu~tted, 5.11~;/'h. Scott Smith, Bar # 92251 General Counsel, Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 I IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED OCT 3 1 2005 OFFICE OF DESEGREGATION MONR'ORING LITTLE ROCK SCHOOL DISTRICT, ET AL PLAINTIFFS V. NO. LR-C-82-866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE W. KNIGHT, ET AL INTERVENOR$ 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 AD E'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 (State Equalization) for the current school year. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31, 2005 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. I. FINANCIAL OBLIGATIONS (Continued) B. Include all Magnet students in the resident District's average daily membership for calculation. (Continued) 2. Actual as of October 31, 2005 C. Process and distribute State MFPA. D. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31, 2005 ;,i;:~"f~ :~~I'&lt;! ;;{ij;f(;, t~ ~!!~f,i_i, i.1;,.,11.i,: ,-J:ff -;ft ~~~f\ ~~~~!,', :,:~ ,ii~tv Determine the number of Magnet students residing in each District and attending a Magnet School. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31, 2005 E. Desegregation Staff Attorney reports the Magnet Operational Charge to the Fiscal Services Office. 1. Projected Ending Date Ongoing, as ordered by the Court. 2 I. FINANCIAL OBLIGATIONS (Continued) E. Desegregation Staff Attorney reports the Magnet Operational Charge to the Fiscal Services Office. (Continued) 2. Actual as of October 31, 2005 ---AAIM-#Mii49 j . - i &amp; ; It should be noted that currently the Magnet Review Committee is reporting this information instead of the staff _ attorney as indicated in the Implementation Plan. F. Calculate state aid due the LRSD based upon the Magnet Operational Charge. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31, 2005 G. Process and distribute state aid for Magnet Operational Charge. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31 , 2005 H. Calculate the amount of M-to-M incentive money to which each school district is entitled. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of October 31, 2005 Calculated for FY 04/05, subject to periodic adjustments. 3 Fii:CEIVED NOV -1 2005 OFFICEOF ~ ESEGREGATION MONR'ORING IN THE UNITED STATES DISTRJCT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRJCT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. PCSSD MOTION FOR EXCUSED ABSENCE The PCSSD for its motion, states: ONIHO!lNOW NOllV93H93S30 ~o 331!0 ~OOZ 1- AON 03J\1303H PLAINTIFF DEFENDANTS INTER VEN ORS INTERVENORS 1. Your undersigned counsel has reviewed the Court's Order of October 31, 2005, respecting witness lists and a summary of testimony. 2. The PCSSD does not intend to offer any witnesses or exhibits. 3. Indeed, unless the Court perceives that the presence of undersigned counsel would actually contribute to resolution of the issues to be addressed on November 7, 2005, then counsel for the PCSSD perceives no pressing reason to attend the hearing and requests permission to be excused. 4. The PCSSD notes that a telephone hearing may occur on Thursday, November 3, 2005. Perhaps this motion could be addressed at that time. WHEREFORE, undersigned counsel provisionally requests that his attendance be excused at the hearing scheduled for November 7, 2005, and for all proper relief. I Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODY ARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 I / By__:~:::::::.__2~~~.,L.::.-===/-----i - .com or P Special CERTIFICATE OF SERVICE I hereby certify that on October 31, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which shall send notification of such filing to the following: Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr fendley l@alltel.net Mark Arnold Hagemeier mark.hagemeier@arkansasag.gov belecia. bledsoe@arkansasag.gov Christopher J. Heller heller@fec.net brendak@fec.net;tmiller@fec.net M. Samuel Jones, III sjones@mwsgw.com aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com kate.jones@jlj.com Philip E. Kaplan pkaplan@kbmlaw.net nmoler@kbmlaw.net Sharon Carden Streett scstreett@comcast.net scstreett@yahoo.com John W. Walker j ohnwalkeratty@aol.com lorap 72297@aol .com ;j springer@gabrielmail.com 2. I certify that on October 31, 2005, I mailed the foregoing document and a copy of the Notice of Electronic Filing (NEF) by United States Postal Service to the following non CM/ECF participants: Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC l O 1 0 West Third Street Post Office Box 1510 Little Rock, AR 72203-1510 Norman J. Chachkin NAACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY 10013 Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn, Jr Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 William P. Thompson Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 Mr. Robert Pressman 22 Locust A venue Lexington, Massachusetts 02173 3 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 I I Attom for Pulas ounty Special School District 1 HELL, WILLIAMS, SELIG, GA TES &amp; WOODY ARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 E-Mail: sjones@mwsgw.com 4. ~,n Overton From: ecf_support@ared.uscourts.gov Sent: Monday, October 31, 2005 4:45 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW-JTR Little Rock School, et al v. Pulaski Cty School, et al "Request" ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of eacl) document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing T--ollowing transaction was received from Jones, M. entered on 10/31/2005 at 4:44 PM CST and filed on 10/31 /2005 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Pulaski County Special School District WARNING: CASE CLOSED on 01/26/1998 Document Number: 3961 Docket Text: REQUEST by Pulaski County Special School District for Motion for Excused Absence. (Jones, M.) The following document(s) are associated with this transaction: 10/31/2005 Document description:Main Document oenal filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=l095794525 [Date=l0/31/2005] [FileNumber=511556-0 ] [27a796d577la86afa01 l b9claf372225fa606eee72df386cfe2017bb789360lf32c 5905b36dd505a608052f4ac23ddlb78de76dbb28lee7f264acb41754b7c28]] 4:82-cv-866 Notice will be electronically mailed to: Mark Terry Burnette mbumette@mbbwi.com, John Clayburn Fendley, Jr fendleyl@alltel.net, Mark Arnold Hagemeier mark.hagemeier@arkansasag.gov, belecia. b ledsoe@arkansasag.gov Christopher l Heller heller@fec.net, brendak@fec.net; tmiller@fec.net rvwamuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, kate.jones@jlj.com Philip E. Kaplan pkaplan@kbmlaw.net, nmoler@kbmlaw.net Sharon Carden Streett scstreett@comcast.net, scstreett@yahoo.com Joh! n W. Walker johnwalkeratty@aol.com, lorap72297@aol.com; jspringer@gabrielmail.com 4:82-cv-866 Notice will be delivered by other means to: Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC 1010 West Third Street Post Office Box 1510 *le Rock, AR 72203-1510 Norman J. Chachkin 10/31/2005 NAACP Legal Defense &amp; Educational Fund, Inc. 9-udson Street SuTe 1600 New York, NY 10013 Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 OJiw.ce of Desegregation Monitor ca Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 William P. Thompson Thompso! n &amp; Llewellyn, P.A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 1013:11zoos UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866-WRWIJTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. ORDER RECEIVED NOV -1 2005 OFFICE OF DESEGREGATION MONtlORING PLAINTIFF DEFENDANTS INTER VEN ORS INTERVENORS I have received copies of the proposed witnesses of the parties. It appears that there may be an overloading of the wagon with witnesses in view of the narrow scope of the show cause hearing scheduled for one week from today, Monday, November 7, 2005. In view of this possibility, each party is directed to give a brief summary of the expected testimony of each witness (brief but sufficient to let me know what the witness is going to testify about), and an estimated time for direct examination of each of these witnesses. These lists and summaries must be sent to me by fax by noon, this Thursday, November 3, 2005. Fax copies must be sent to opposing counsel and the original is to be filed with the Clerk. We may have a telephone conference this Thursday afternoon at 2:00 p.m. regarding the witness lists, so please mark your calender to be available. IT IS SO ORDERED this 31st day of October, 2005. Isl Wm. R.Wilson,Jr. UNITED STATES DISTRICT JUDGE MIME-Version:1 . 0 From:ecf_support@ared.uscourts.gov To:ared_ecf@ared.uscourts.gov Message-Id:&lt;5ll039@ared .uscourts . gov&gt; A ce: W ubject:Activity in Case 4:82-cv-00866-WRW-JTR Little Rock School, et al v. Pulaski Cty School, et al "Order" Content-Type : text/plain***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions . ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge . To avoid later charges , download a copy of each document during this first viewing.U.S . District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered on 10/31/2005 at 1:53 PM CST and filed on 10/31/2005 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 http://ecf.ared.uscourts.gov/cgi-bin/DktRpt.pl?26052 WARNING: CASE CLOSED on 01/26/1998 Document Number: 3958 Copy the URL address from the line below into the location bar of your Web browser to view the document: http://ecf.ared.uscourts.gov/cgi-bin/show_case_doc?3958,26052,,MAGIC,,,2005226 Docket Text: ORDER re [3950] Witness List filed by Little Rock School District , [3 955] Witness List filed by Lorene Joshua, (3948] Order to Show Cause , [3952] Witness List filed by Lorene Joshua. Each party is directed to fax to the Court lists and summaries of the expected testimony of each witness by noon, 11/3/05 and file the original with the Court. A telephone conference may be held 11/3/05@ 2:00 . Signed by Judge William R. Wilson Jr. on 10/31/05. (dac, ) A e following document(s) are associated with this transaction: ~cument description: Main Document Original filename : n/a Electronic document Stamp: [ STAMP dcecfStamp_ID=l095794525 [Date=l0/31/2005 ] [FileNumber=511038-0] [a625af27622bca56c03133f662d7b218073ba5233ed815d89d996539dl96233fd8be6913af3657d 3b438d0fc6b9789cdfl6a9d5174dfc8f5bde806ae3aa41084]] 4 : 82-cv-866 Notice will be electronically mailed to: Mark Terry Burnette mburnette@mbbwi.com, John Clayburn Fendley, Jr fendleyl@alltel.net, Mark Arnold Hagemeier mark.hagemeier@arkansasag.gov, belecia.bledsoe@arkansasag . gov Christopher J. Heller heller@fec.net, brendak@fec .net; tmiller@fec.net M. Samuel Jones , III sjones@mwsgw.,com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj . com, kate.jones@jlj.com Philip E. Kaplan pkaplan@kbmlaw.net, nmoler@kbmlaw.net Sharon Carden Streett scstreett@comcast.net , scstreett@yahoo.com John W. Walker johnwalkeratty@aol.com, lorap72297@aol.com; - pringer@gabrielmail.com 4:82-cv-866 Notice will be delivered by other means to : Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon , PLLC ~ . ' .. 1010 West Third Street Post Office Box 1510 Little Rock, AR 72203-1510 A orman J. Chachkin W AACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York , NY 10013 Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock , AR 72201-2610 James M. Llewellyn, Jr Thompson &amp; Llewellyn, P .A. 412 South Eighteenth Street Post Office Box 818 Fort Smith, AR 72902-0818 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 William p: Thompson Thompson &amp; Llewellyn, P .A. 412 South Eighteenth Street Post Office Box 818 . ort Smith , AR 72902-0818 ) This project was supported in part by a Digitizing Hidden Special Collections and Archives project grant from The Andrew W. Mellon Foundation and Council on Library and Information Resources.</dcterms_description>

</dcterms_description>

</item>
</items>