Court filings regarding motion to remove counsel from certificate of service listing, motion for approval of temporary portable buildings, Arkansas Department of Education (ADE) project management tool, Little Rock School District's (LRSD's) notice of filing quarterly update, and motion to extend time to file.

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<dcterms_description>Court filings: District Court, motion to remove counsel from certificate of service listing; District Court, motion for approval of temporary portable buildings; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool; District Court, order; District Court, Little Rock School District's (LRSD's) notice of filing quarterly update; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool; District Court, motion to extend time; District Court, order; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool This transcript was create using Optical Character Recognition (OCR) and may contain some errors. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. MOTION TO REMOVE COUNSEL FROM CERTIFICATE OF SERVICE LISTING RECEIVED JUL -8 2005 OFFICEDF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS Separate Defendants State of Arkansas and the Arkansas Department of Education, by and through their attorneys, Attorney General Mike Beebe and Senior Assistant Attorney General Timothy G. Gauger, for their Motion request that the Clerk remove the following attorneys from the certificate of service list based upon the following: 1. Chief Deputy Attorney General Dennis R. Hansen and Assistant Attorney General Colette D. Honorable are no longer assigned to this case. 2. Attorneys Sammye L. Taylor and Tim C. Humphries are no longer employed with the Office of the Attorney General. WHEREFORE, Defendants State of Arkansas and Arkansas Department of Education request that Dennis R. Hansen, Colette Dodson Honorable, Sammye L. Taylor, and Tim C. Humphries, be removed from the certificate of service listing in this case for judicial economy. Defendants request that the Court and parties direct all future services and correspondence to Mark A. Hagemeier, Assistant Attorney General. By: Respectfully Submitted, MIKE BEEBE Attorney General I Timothy G. Gauger, Bar Number 95019 Attorneys for Defendants State of Arkansas and Arkansas Department of Education Arkansas Attorney General's Office 323 Center Street, Suite 1100 Little Rock, AR 72201 E-mail: Tim.Gauger@arkansasag.gov CERTIFICATE OF SERVICE I hereby certify that on July 7, 2005, I presented the foregoing to the Clerk of Court for filing and uploading to the CM/ECF system, which shall send notification of such filing to the following: hwallen@allenlawfirmpc.com, njjackson@allenlawfirmpc.com mbumette@mbbwi.com scurry@aristotle.net fedley l@alltel.net mark.hagemeier@arkansasag.gov hell er@fec.net, brendak@fee.net sjones@mwsgw.com., aoverton@mwsgw.com sjones@jlj .com, padams@jlj.com laveyandburnett@laveyandbumett.com, jsmith@laveyandbumett.com rroachell@aol.com, schoollaw@msn.com btrice@hfc-law.com, ajegley@hfc-law.com j ohnwalkeratty@aol.com, lorap 72297@aol.com, j springer@gabrielmail.com 2 I hereby certify that on July 7, 2005, I mailed the document by United States Postal Service to the following non CM/ECF participants: Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC 1010 West Third Street P.O. Box 1510 Little Rock, AR 72203-1510 Will Bond Bond &amp; Chamberlin 602 West Main Street Jacksonville, AR 72076 Norman J. Chachkin NAACP Legal Defense &amp; Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY 10013 Franklin A. Davis 625 Northwind Circle Conway, AR 72032-3477 Nelwyn L. Davis Attorney at Law 5 Bridle Court Little Rock, AR 72227 P.A. Hollingsworth Hollingsworth Law Firm, P.A. Main Place Building 415 Main Street Little Rock, AR 72201-3801 James M. Llewellyn, Jr. Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street P.O. Box 818 Fort Smith, AR 72902-0818 Robert C. Lowery Lowry Law Firm 9000 Rodney Parham Road Little Rock, AR 72205 3 - Phillip K. Lyon Jack, Lyon &amp; Jones, P.A. TCBYTower 425 West Capitol Avenue Suite 3400 Little Rock, AR 72201-3472 Jerry L. Malone Office of Chief Financial Officer 4023 Emerald Lane Suite A Bowie,MD 20716 Aubrey McCutcheon Attorney at Law Fisher Building Suite 2606 Detroit, MI 48202 Joseph Steven Mowery Stephens, Inc. 111 Center Street, Suite 2300 P.O. Box 3507 Little Rock, AR 72203-3507 Officer of Desegregation Monitor One Union National Plaza 124 West Capitol Suite 1895 Little Rock, AR 72201 Walter A. Paulson, II Entergy Services, Inc. 639 Loyola Avenue Post Office Box 61000 New Orleans, LA 70161-1000 Samuel A. Perroni Perroni, James &amp; House, P.A. 801 West Third Street Little Rock, AR 72201-2103 4 David Carl Schoen Arkansas Municipal League P.O. Box 38 North Little Rock, AR 72115-0038 Otis H. Storey, III Entergy Services, Inc., 425 West Capitol Avenue P.O. Box 551 Little Rock, AR 72203 Sharon Carden Streett Streett Law Offices P.O. Box 250418 Little Rock, AR 72225-0418 William P. Thomson Thompson &amp; Llewellyn, P.A. 412 South Eighteenth Street P.O. Box 818 Fort Smith, AR 72902-0818 Kenneth G. Torrence 1 721 Abigail Street Little Rock, AR 72204 Elizabeth Boyter Turner Attorney at Law 21500 Reynard Lane Little Rock, AR 72210 Larry D. Vaught Arkansas Court of Appeals Justice Building 625 Marshall Little Rock, AR 72201 Horace A. Walker Attorney at Law 518 Pyramid Place Second &amp; Center Streets Little Rock, AR 72201 5 Michael K. Wilson Bond &amp; Chamberlin 602 West Main Street Jacksonville, AR 72076 By: Timothy G. Gauger, ~ey General Bar Number 95019 Attorneys for Defendants State of Arkansas and Arkansas Department of Education Arkansas Attorney General's Office 323 Center Street, Suite 1100 Little Rock, AR 72201 (501) 682-2007 E-mail: Timothy.Gauger@arkansasag.gov 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. I, ET AL. . MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. MOTION FOR APPROVAL OF TEMPORARY PORT ABLE BUILDINGS PCSSD for its motion states: 1 RECEIVED JUL 2 6 2005 OFRCEOF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTER VEN ORS INTER VEN ORS I. Attached as Exhibit A is a memorandum from the Assistant Superintendent for Leaming Services explaining and justifying the need for one portable at Robinson Middle School, one portable at Robinson High School and two portables at Jacksonville High School. . By way of explanation, the "old gym" at Robinson is being reclaimed by its actual owner having i been on loan to the District for decades. 2. , Exhibit A also explains the need on a temporary basis for one portable at Baker Elementary School and one portable Pine Forest Elementary School. l ' 3. For the reasons set forth in Exhibit A, the PCS SD prays for an order of this Court approving the use of portable buildings for the uses and durations explained therein. 1 It should be noted that nothing in Plan 2000 or any operative orders of this Court address the issue of portable buildings one way or the other. As a general proposition, the PCSSD eschews the use of portables except for non classroom settings of when their use is unavoidable. Desegregation plans previous to Plan 2000 placed considerable restrictions upon the use of portable buildings but that language is no longer operative. However, the PCS SD has historically sought permission of the Court for the use of portable buildings, even on a temporary basis. Hence this motion. 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 CERTIFICATE OF SERVICE . I hereby certify that on July 25, 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 fendley1@alltel.net Mark Arnold Hagemeier mark. hagemeier@ag .state .ar. us Christopher J. Heller heller@fec.net brendak@fec.net;tmiller@fec.net M. Samuel Jones, Ill sjones@mwsgw.com aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com barbie.mcadams@jlj.com;kate.jones@jlj .com John W. Walker johnwalkeratty@aol.com lo rap 72297@aol.com ;jspringer@gabrielmail.com l certify that on July 25, 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: 2 Clayton R. Blackstock Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon, PLLC 1010 West Third Street Post Office Box 1510 Little Rock, AR 72203-1510 Office of Desegregation Monitor One Union National Plaza 124 West Capitol Suitel895 Little Rock, AR 72201 Mr. Robert Pressman 22 Locust A venue Lexington, Massachusetts 021 73 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Atto for Pulaski nty Special School District ITCHELL, 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 E-Mail: sjones@mwsgw.com 3 TO: FROM: DATE: RE: PCSSD Cabinet Marvin H. Jeter, ill, Assistant Superintendent for Le2rning Se.-vices 15 July 05 Rationale for requesting portable buildings Robinson Muldle School -1 Portable As we will be losing the old gym at Robinson, there is a need to have a portable for students to be used as changing rooms until the new gym is completed and ready for usage in August 2006. Robinson High School -1 Portable The enrollment during the 2004-2005 school year was 674, and the projected enrollment at Robinson is 690 students which is over-enrolled for the building capacity. Therefore, we need pennission to continue the usage of the portable that is located there until such tim.e as additional classrooms can be built. Jacksonville High School - 2 Portables Several weeks ago, I was asked to prepare this recommendation regarding the placement of portables at JackSOnville High School, so I have copied it to this document. I do have sonic concerns based upon the conversations over the transition of ninth grade to the high school campus. In the town meetings and in related conversations, the community expressed their strong desire to keep the ninth grade as separate as possible for safety, focus, and support. After reviewing and discussing some of the recent data on high school reform, Dr. Henderson and I agreed that this would be best. He instructed us to figure it out. When we considered the estimate of 300 ninth .grade studentsrwe projected.thata:ll:)inimum of eight classrooms would be needed according.to the follovving arrangement: 2 rooms for Ninth Grade Language Arts - English I 2 rooms for Ninth Grade Mathematics - Algebra I or Intermediate Algebra A 2 rooms for Ninth Grade Social Studies - 2 rooms for Ninth Grade Strategies for Success The advanced classes, science classes, and electives could be taught in the main building. For this reason, Mr. Clark recommended that we move art to the print shop and establish the K Building as the Ninth Grade Center. Now that we are planning on using the print shop for this pUipose and that building can provide at most four classrooms, Mr. Warren's suggestion to place two portables is the only way to provide the eight classrooms. This would fulfill our district commitment to the Jacksonville community to offer a more separate and protected environment for the ninth grade students. There is a great deal ofresearch and support .from USDE supporting concepts of"Ninth Grade Academies" and such designs to offer support as students transition from middle school and acclimate to the high school St-"tting. Should we decide to provide this design, I recommend that we collect data regarding academic performance and attendance/retention to consider this for our other high school environments. EXHIBIT I Baker Elementary School -1 Portable PCSSD has begun plans for a new Chenal Elementary School which will open in August 2007. The 2004-2005 Baker enrollment was 362. Projected enrollment for 2005-2006 is 380 with 15 on a waiting list. With students on a waiting list to enroll at Baker Elementary, one portable will allow the school to retain as many of these students as possible within the public education system until such time as the new facility opens and allows 800 additional seats in this feeder. Pine Forest Elementary School - 1 Portable It is the strong opinion of the PCS SD Board Representative from the Mawnelle/Oak Grove zone that there is going to be a need for this pqrtable based upon the expected increase in enrollment due to additional neighborhoods in this attendance zone. Therefore, we are requesting permission to delay moving the portable until after the 8th day count so that we have an accurate number of students enrolled. f1~~ Arkansas ~ = DEPARTMENT OF f:DUCATION 4 STATE CAPITOL MALL UT11.E IC&gt;a. A1XANSAS 72201-1071 (SC)I) 112-447S lallp://arkalu.atate.ar.u Dr. Kenneth James, Commissioner of Education July 29, 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 AUG - 1 2005 OFFICE OF DESEGREGATION MONI.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. US. 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 July 2005 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. s)~~ Q ~ -4dsm~ General Counsel Arkansas Department of Education SS:law cc: Mark Hagemeier ST ATE BOARD OF EDUCATION: Chair - Dr. Jeanna Westmoreland, Arkadelphia Vice Chair - Diane Tatum, Pinc Buff Members: Sherry Burrow, Jonesboro Shelby Hillman, Carlisle *Calvin King, Marianna Randy Lawson, Bentonville *Mary Jane Rebick, Little Rock *Naccaman Williams, Johnson An Equal Opponunity Employer UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. LR-C-82-866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS NOTICE OF FILING In accordance with the Court's Order of December 10, 1993, the Arkansas Department of Education hereby gives notice of the filing of the ADE's Project Management Tool for July 2005. Respectfully Submitted, , General Counsel, Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 CERTIFICATE OF SERVICE I, Scott Smith, certify that on July 29, 2005, I caused the foregoing document to be served by depositing a copy in the United States mail, postage prepaid, addressed to each of the following: 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. 1 723 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 Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol, Suite 1800 Little Rock, AR 72201 Scott Smith IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION 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 INTERVENORS ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following Project Management Tool to the parties and the Court. This document describes the progress the ADE has made since March 15, 1994, in complying with provisions of the Implementation Plan and itemizes the ADE's progress against timelines presented in the Plan. IMPLEMENTATION PHASE ACTIVITY I. FINANCIAL OBLIGATIONS A. Use.the previous year's three quarter average daily membership to calculate MFPA (State Equalization) for the current school year. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of July 31, 2005 aasea:,91) .tn~. information availabl~,,~t:.,J.!,JD~{~Q;:~OQ~.Jh~.A,01; cal~!.l.!a.t~.d ~h~_$tate Coia ' dati . ' J. r;: d'n t : c:-v_, ... Fl . __ Jm&amp;1Y.ll.~ 9 .t P.1. b t !JJn,Aa /.o. ~'1!!,111's.,i.iiw-LeQ =Kto"~Pc,~ -JJ'o . ._d_i_c,'.a_c fJ u .s.+! l!m, ,e_J 'l.t. s.,'- 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. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK 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 RECEIVED AUG 11 2005 OFFJCDF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Pending is Pulaski County Special School District's Motion for Approval of Temporary Portable Buildings (Doc. No. 3931 ). No party has objected, and the time for doing so has passed. For good cause shown and because no party has objected, PCSSD's Motion for Approval of Temporary Portable Buildings is GRANTED. IT IS SO ORDERED this 10th day of August, 2005. Isl Wm. R.Wilson Jr. UNITED STATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION 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 NOTICE OF FILING OUARTERL Y UPDATE RECEIVED SEP - 6 2005 OFACEOF DESEGREGATION MONlTORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Little Rock School District ("LRSD") for its Notice of Filing Quarterly Update dated September 1, 2005 states: 1. The attached document is the fourth quarterly written update by the Little Rock School District and its Planning, Research, and Evaluation Department. It has been provided to the Joshua Intervenors and the Office of Desegregation Monitoring in accordance with the District Court's 2004 Compliance Remedy (Memorandum Opinion of June 30, 2004). 2. LRSD is filing this Quarterly Update so that the Court may be aware of the compliance work done by LRSD to comply with the Court's Memorandum Opinion of June 30, 2004. WHEREFORE, the LRSD submits its Quarterly Update as required by the Cow:t. 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 BY: ~ ~Jf-. lo r Christopher Heller D CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served on the following. people by depositing a copy of same in the United States mail on the 31st day of August, 2005: Mr. John W. Walker JOHNW. WALKER,P.A. 1723 Broadway Little Rock, AR 72201 Mr. Sam Jones Wright, Lindsey &amp; Jennings 2200 Nations Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON &amp; JONES, P.A. 425 W. Capitol, Suite 3400 Little Rock, AR 72201-3472 Judge t Thomas Ray U. S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, AR 72201 Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Mr; Tim Gauger Mr. Mark A. Hagemeier Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 Mr. Clayton Blackstock Mr; Mark Burnett 1010 W. Third Street Little Rock, AR 72201 Little Rock School District (LRSD) QUARTERL Y UPDATE to the Office of Desegregation Monitoring (ODM) and Joshua September 1, 2005 RECEIVED AUG 2 9 2005 QfflCEOf IJESEBREGATION IIOE-LITTLE ROCK SCHOOL DISTRICT, PLAINTIFF V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. I ET AL., DEFENDANTS MRS. LORENE JOSHUA, ET AL. , INTERVENORS KATHERINE KNIGHT, ET AL., INTERVENORS . Planning, Research, and Evaluation (PRE) Instructional Resource Center (IRC) Little Rock School District 3001 South Pulaski Little Rock, AR 72206 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DNISION RECEIVED SEP - 6 2DD5 OFFICE OF DESEOREOATION MON!TORJHQ LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. LR-C-82-866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS NOTICE OF FILING In accordance with the Court's Order of December 10, 1993, the Arkansas Department of Education hereby gives notice of the filing of the ADE's Project Management Tool for August 2005. Respectfully Submitted, j 04h smit~92251 General Counsel, Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 -I CERTIFICATE OF SERVICE I, Scott Smith, certify that on August 31, 2005, I caused the foregoing document to be served by depositing a copy in the United States mail, postage prepaid, addressed to each of the following: 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. SamuelJones,III Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol, Suite 1800 Little Rock, AR 72201 s'tttt Smith IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, ET AL V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL NO. LR-C-82-866 WRW RECEIVED SEP - 6 2005 OFFICE OF PLAINTIFFS DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENOR$ KATHERINE W. KNIGHT, ET AL DESEOREOATION MONl10RINO INTERVENORS ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following Project Management Tool to the parties and the Court. This document describes the progress the ADE has made since March 15, 1994, in complying with provisions of the Implementation Plan and itemizes the ADE's progress against timelines presented in the Plan. IMPLEMENTATION PHASE ACTIVITY I. FINANCIAL OBLIGATIONS A. Use the previous year's three quarter average daily membership to calculate MFPA (State Equalization) for the current school year. 1. Projected Ending Date last day of each month, August - June. 2. Actual as of August 31, 2005 Based on the information available at June 30, 2005, the ADE calculated. the State Foundation Funding for FY 04/05, subject to periodic adjustments. B. Include all Magnet students in the resident District's average daily membership for calculation. 1. Projected Ending: Date lastday,,of' each month', August- Jun&amp;. RECEIVED OCT 3 2005 IN THE UNITED STATES DISTRICT COURT DESEGREG=raHITORlHG EASTERN DISTRICT OF ARKANSAS WESTERN DNISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS MOTION TO EXTEND TIME For its Motion, Plaintiff Little Rock School District (LRSD) states: 1. In accordance with the June 30, 2004 Compliance Remedy in this case, LRSD has engaged experts to prepare four Step 2 program evaluations for the 2004-05 school year. The progress of those evaluations has been reported to the Court and the parties in quarterly updates filed by LRSD, the most recent of which was filed on August 31, 2005. The evaluations are due to the Court on October 1, 2005. 2. The four Step 2 program evaluations cannot be completed without the results of the benchmark examinations administered by the State of Arkansas for the 2004-05 school year. The benchmark examination results are not yet available and will not be available until October 1 or later. Dr. Steve Ross and Dr. James Catterall, the experts hired by LRSD to conduct the four Step Y program evaluations, estimate that if they receive the benchmark exam results in early October that they would be able to deliver completed program evaluations by early January 2006. Letters from Dr. Ross and Dr. Catterall explaining the need for more time are attached to this Motion. 3. The requested extension of time is necessary to ensure the delivery ofuseful program evaluations which will fulfill the purposes of the compliance remedy. The requested extension of time will not delay any decisions about whether to continue, expand, modify or discontinue programs. Those decisions will be made in the Spring and will be effective for the 2006-07 school year. 4. LRSD has attempted to contact the Joshua Intervenors to secure their agreement to the requested extension of time, but has not yet received a response. WHEREFORE, for the reasons set forth above and in the attached letters fromDr. Ross and Dr. Catterall, Plaintiff Little Rock School District requests an extension of the time within which it must file four Step 2 program evaluations for the 2004-05 school year to and including Monday, J an~ary 16, 2006. 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 /s/ Christopher Heller 2 CERTIFICATE OF SERVICE I certify that on September 29, 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.hagemeier@ag.state.ar. us sjones/@mwsgw.com sjones@jlj.com johnwalkeratty@aol.com and I hereby certify that on September 29, 2005, I mailed the document and a copy of the Notice of Electronic Filing (NEF) by United States Postal Service to the following non CM/ECF participants: Judge J. Thomas Ray U. S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, AR 72201 Mr. Gene Jones Office of Desegregation Monitoring 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 /s/ Christopher Heller 3 UNIVERSITY OF CALIFORNIA, LOS ANGELES UCLA BERKELEY DAVIS IRVINE LOS ANCEL ES RIVERSIDE SAN DIECO SAN FRANCISCO SANTA BARBARA SANTA CRUZ Graduate School of Education &amp; Information Studies P.O. Box 951521 Los Angeles, CA 90095-1521 September 26, 2005 Karen DeJarnette, Ph.D. Director, PRE Department Little Rock School District 3001 S. Pulaski Little Rock, AR 77206-2873 Dear Karen: According to Dr. Julian, Assistant Commissioner for the state Department of Education, her agency will receive results of the Benchmark test scores "around the first of October", and your experience with release of digitally formatted data indicates that you may not receive data to pass on to me and my research staff until several weeks after the state receives it. At any rate, we do not have data in hand necessary to complete our report on Year-Round Education, certainly not by the present due date of October 1, 2005. Assuming you can deliver correctly formatted data by early November, I can furnish a draft in early December and the final report by early January 2006. This schedule should permit analyzing the data, composing a complete draft, and producing the final report. Anything you can do to confirm the date of data delivery will help our team plan the balance of the work. Sincerely, (e-mailed September 26, 2005 - Signed original sent express) jsc James S. Catterall, Ph.D. Professor Voice: (310) 825-5572 Fax: (310) 206-6293 E-mail: jamesc@gseis.ucla.edu THE UNIVERSITY OF MEMPHIS September 23, 2005 Dr. Karen DeJarnette Director, PRE Department Little Rock School District 3001 S. Pulaski Little Rock, AR 77206-2873 Dear- Dr. DeJarnette: Center for Research in Educational Policy A Tennessee Center of Excellence 325 Browning Hall Memphis, TN 38152-3340 Office: 901 .678.231 o Toll Free: 866.670.6147 Fax: 901 .678.4257 www.memphis.edu/crep I have been informed that the State of Arkansas will receive student-level Benchmark test scores at the beginning of October this year and release them to the school districts some time after that. I further understand that the digital version, which we need for computer analysis, will be available after the State sends printed versions to the districts. Thus, the data may not be available to my research staff until perhaps late fall. Whatever the actual delivery date, it typically takes us about six to eight weeks to run, verify, and interpret the analyses and then produce the draft report. I am asking you to take this time requirement into account in projecting when our final report could be ready following the release to us of Benchmark data. Given the dates above, we believe a reasonable date for delivery of the final report is early January 2006. Sincerely, Steven M. Ross, Ph.D. Fadree Professor and Director Center for Research in Educational Policy A Tennessee Board of Regents Institution An Equal Opportunity Affirmative Action Univer~ty 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 RECEIVED OCT 3 2005 OFACEOF DESEGREGATION MONf-TORJNG PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Pending is Little Rock School District's Motion to Extend Time (Doc. No. 3938), the first paragraph of which, reads as follows: In accordance with the June30, 2004 Compliance Remedy in this case, LRSD has engaged experts to prepare four Step 2 program evaluations for the 2004-05 school year. The progress of those evaluations has been reported to the Court and the parties in quarterly updates filed by LRSD, the most recent of which was filed on August 31, 2005. The evaluations are due to the Court on October 1, 2005. For emphasis I note that the above quoted paragraph correctly reflects that the June 30, 2004 order directed (not "suggested") that the subject evaluations were to be filed on October 1, 2005 ( actually, the Order directed that the evaluations were to be filed "no later than October 1, 2005," but this is a small point). Late yesterday (at 4:34 p.m., to be specific), September 29, 2005, with one working day left before the October 1 deadline, LRSD filed this Motion to Extend Time. It appears from the other matters set forth in the motion, that LRSD cannot meet the October 1 deadline because of uncompleted tasks. 2004: Before writing anything else I feel compelled to quote my complete order of July 26, 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. I assume that I am stating the obvious, but, as folks are wont to say nowadays, I wanted to make sure that we are "all on the same page."1 LRSD's Motion to Extend Time also contains this paragraph: LRSD has attempted to contact the Joshua Intervenors to secure their agreement to the requested extension of time, but has not yet received a response. Since the current motion by LRSD presents a weighty matter (at least my view), it seems that it would be important to have a response from Joshua's lawyers before the deadline passes. - Is it possible that both lawyers ofrecord for Joshua are traveling out of the country sans omnipresent cell phones? If what I have said above has not made it clear, I will now state it plainly-- I am not happy with the Johnny-come-lately motion. These things, among others, are on my mind: 1. How long has LRSD lrnown that they were not going to comply with the Court's direct, specific order? 2. Why was the motion not filed until the 11th hour? 3. Does this last minute filing demonstrate that LRSD is treating the Court's directives with studied neglect? 'Doc. No. 3890 (emphasis in original). 2 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? 5. Why should a last minute motion like this be granted? LRSD is directed to file a plenary response to each of the above questions by 5 p.m. next Tuesday, October 4, 2005. I note that sixty-nine page Order entered on June 30, 2004 was so long and detailed because LRSD pled that it did not understand exactly what its obligations were under earlier orders. It seems that this detailed order of June 30, 2004 did head off pleas of misunderstanding, but not a last minute motion to avoid its plain obligations, at least until a much later date. A hearing on LRSD's Motion to Extend Time will be set forthwith. The exact nature of that hearing will be determined after I receive LRSD's document in response to this Order (due next Tuesday, October 4, 2005, by 5 p.m.). IT IS SO ORDERED this 30th day of September, 2005. /s/ Wm. R.Wilson,Jr. UNITED STATES DISTRICT JUDGE 3 -~~~ Arkansas ~~ DEPARTMENT OF EDUCATION ---==---~ HTATCAPITOLMAU. IJTll.El0CX,;AIJCANSAS 72201-1071 (501)612-4475 bltp://arkcdiutate.ar.aa Dr. Kenneth James, Commissioner or Education September 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 I 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 9NfHOl1NOW N0l!V93H93S3O ~o 331JO gooz t: 1:m C3Al303H 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. US. 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 September 2005 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. Sincerely, r , \JtLIV\ ~Smith General Counsel Arkansas Department of Education SS:law cc: MarkHagemeier RECE-IVE-D OCT 3 2005" OFFICcOFDESEGREGATION MONlTORING~ STATE.BOARD OffEDUCATION: Chair-Dr: JcaruwWestmoreland: Arkadelphia, Vicc-ChaiL-Dianc:Tatum,.PintBuff. Members: Sherry Burrow, Jonesboro. Shelby Hillmair,,CarlisleCalvinKing; Marianna Randy,Eawson;.Bcntonvill~ *Mary Jane-Rebick, Little:Roclc *Naccaman: Williams, Johnson An Equal Opponunity Em lo er UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED LITTLE ROCK SCHOOL DISTRICT ,otf ,3 :z1aus ~ - ,.,;)i;,r , rJfFF!ffl:(ffl: 11E~~HiAiTIO;{,'Afu!ffm?lflG PLAINTIFF V. No. LR-C-82-866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS NOTICE OF FILING In accordance with the Court's Order of December 10, 1993, the Arkansas Department of Education hereby gives notice of the filing of the ADE's Project Management Tool for September 2005. Respectfully Submitted, o C ~o-:lt,~ Scott Smith, Bar# 92251 General Counsel, Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 ' . CERTIFICATE OF SERVICE I, Scott Smith, certify that on September 30, 2005, I caused the foregoing document to be served by depositing a copy in the United States mail, postage prepaid, addressed to each of the following: 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. SamuelJones,III Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol, Suite 1800 Little Rock, AR 72201 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>

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