Arkansas Department of Education (ADE) initial progress report

r I I I I I I I I I I I I I I I Altansas DEPARTMENT OF EDUCATION 4 STATE CAPITOL MALL LITTLE ROCK, ARKANSAS 72201-1071 (501) 682-44 75 GENE WILHOIT, Director, General Education Division rF '::i tr:=:
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VE r J DEG 1 6 1993 ~nt HAR December 17, 1993 ,/~pf?, O'f' -,,. , John W. Walker, Esq. John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206-1220 M. Samuel Jones III, Esq. Wright, Lindsey & Jennings 2200 Worthen Bank Building Suite 200 Little Rock, AR 72201-3699 Richard w. Roachell, Esq. Roachell & Streett First Federal Plaza 401 West Capitol Avenue Suite 504 Little Rock, AR 72201 Dear Counsel of Record: , we of DesegregatioMn onitoring Christopher J. Heller, Esq. Friday, Eldredge, & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3407 Ann Brown, Monitor Office of Desegregation Monitoring 201 E. Markham, Suite 510 Heritage West Building Little Rock, AR 72201 Stephen W. Jones, Esq. Jack, Lyon & Jones, P.A. TCBY Tower 425 West Capitol Avenue Suite 3400 Little Rock, AR 72201 Please find enclosed a copy of the Arkansas Department of Education"s Initial Progress Report to the Court. If you need any additional information, please let me know. Sincerely, ~yter Enclosure EB/say 1 ____________ _ I STATE BOARD OF EDUCATION: Chainnan ELAINE SCOTT, Little Rock Vice Chainnan - RICHARD C. SMITH, JR.,Tillar Members: CARLE. BAGGETT, Rogers WILLIAM B. FISHER, Paragould JAMES M. LLEWELLYN, JR., Fon Smith JAMES A. McLARTY Ill, Newpon RAE RlCE PERRY, Arkadelphia SHERRY WALKER, Little Rock NANCY M. WOOD, Little Rock An Equal Opponunity Employer I I I I I I I I I I I I I I I I I I I IN THE UNITED STATES DISTRICT COURT DEC 1 6 1993 ~~5j?''
EASTERN DISTRICT OF ARKANSAS Office of DesegregatioMn onitc,ing WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF VS. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DEFENDANTS DISTRICT NO. 1, ET AL., MRS. LORENE JOSHUA, ET AL., INTERVENORS MRS. KATHERINE KNIGHT, ET AL. THE ARKANSAS DEPARTMENT OF EDUCATION'S INITIAL PROGRESS REPORT TO THE COURT INTERVENORS In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following initial progress report to the parties and the Court. This report describes the initiatives the Department has undertaken since the November 17 and 18, 1993, hearing to comply with the Court's Order issued from the bench. On Tuesday, November 23, 1993, the Senior Management team at the ADE met to discuss the Court's Order from the bench. The Senior Management team is comprised of the following individuals: Gene Wilhoit, Director
John Fincher, Deputy Director
Robert Shaver, Associate Director for Finance and Administration
Clearence Lovell, Associate Director for Federal Programs
Diane Sydoriak, Associate Director for Special Education
Emma Bass, Associate Director for School Improvement
Rodger Callahan, Associate Director for Accountability
Elizabeth Boyter, Legal Assistant to the Director
Clemetta Hood, Personnel Manager
Brenda Matthews, Program Support Manager for Information Services
and James Hardage, Director Migrant Student I I I I I I I I I I I I I I I I I I I Record Transfer System. During this meeting, the team received additional copies of the 1989 Settlement Agreement and the May 31, 1989, monitoring plan and was informed that the Court would be holding the ADE responsible for implementing both of these documents. On Tuesday, November 30, 1993, the Legislative Council of the Arkansas General Assembly sent correspondence to the ADE requesting -\~~- the ADE to report to the Council on December/17/ 1993, to discuss the ADE's compliance with the Pulaski County Desegregation Settlement Agreement. Additionally, the letter requests that the ADE file monthly written reports on the ADE's compliance with the Settlement Agreement. A copy of this letter is attached as Exhibit 1. On Wednesday, December 1, 1993, Gene Wilhoit, John Fincher, Robert Shaver, and Elizabeth Boyter met with representatives from the Office of Desegregation Monitoring (ODM) to initiate discussions on how the two entities could work cooperatively to achieve the objectives in the 1989 Pulaski County Desegregation Settlement Agreement. As a result of this meeting, a joint meeting was scheduled between ODM and the ADE for the ODM to make a presentation describing the history of the Pulaski County Desegregation lawsuit and the role of ODM to ADE staff. On Thursday, December 2, 1993, Elizabeth Boyter and Reginald Wilson, Pulaski County Program Monitor
met with Bill Mooney from ODM to discuss the type of planning process that the Little Rock School District has been using to establish the 2 I I I I I I I I I I I I I I I I I I I district's program planning and budgeting process. The group also discussed available technology which could help the ADE with its planning process. A meeting was held on December 6, 1993, for ADE personnel who had participated in work sessions concerning the Settlement Agreement prior to the recent hearing. The purpose of this meeting was to familiarize the group with the Court's Order from the bench holding the ADE responsible for complying with both the 1989 Settlement Agreement and the May 31, 1989, monitoring plan. Additionally, the group was informed that the ADE needed a team to participate in a strategic planning process to develop a plan to implement the legal requirements in the 1989 Settlement Agreement and the May 31, 1989, monitoring plan. The following individuals agreed to participate in this process: NAME Gene Wilhoit Clearence Lovell Robert Shaver Carolyn Scott Mike Crowley Andre Guerrero Clemetta Hood Rodger Callahan PLANNING TEAM POSITION Director Associate Director, Federal Programs Associate Director, Finance & Administration Program Advisor, Equity Assistance Center Administrator, Monitoring & Technical Assistance, Special Education Program Advisor, Equity Assistance Center Personnel Manager Associate Director, Accountability 3 RACE w B w w w H B w SEX M M M F M M F M I I I I I I I I I I I I I I I I I I I Wayne Foster Emma Bass Bob Kerr Glenda Bean Elizabeth Boyter Reginald Wilson Martha Bass Area Supervisor, Special Education Associate Director, School Improvement Coordinator, Chapter 1 Executive Director, Early Childhood Commission Legal Assistant to the Director Pulaski County Program Monitor Administrator, Gifted & Talented w w w w w B w M F M F F M F On December 7, 1993, the ADE appeared before the Desegregation Litigation Oversight Subcommittee of the Arkansas General Assembly to discuss the Pulaski County Desegregation hearing held on November 17 and 18, 1993. During the meeting, the ADE reviewed the Court's Bench Order and answered numerous questions about the hearing and the ADE's plan to abide by the Court Order. The Desegregation Litigation Oversight Subcommittee requested that the AD file all State Board of Education minutes with the Subcommittee, to file all monthly reports submitted to the Court and to continue filing monthly reports with the Subcommittee after the last report is made to the Court in March 1994. A copy of the agenda for this meeting is attached as Exhibit 2. Additionally, on December 7, 1993, the ADE employed a strategic planner, Ron Copeland, by a professional service contract to help the agency begin the planning process until a lead planner can be selected. A copy of his resume is attached as Exhibit 3. Mr. Copeland has currently facilitated three one-half day planning sessions with the ADE Planning team. The first team meeting was 4 I I I I I I I I I I I I I I I I I I I held on December 8, 1993, to describe the planning process that Mr. Copeland would be facilitating. Then, the team met on December 10, 14 and 17, 1993, with Mr. Copeland to design the conceptual plan which will be presented to the Court on January 3, 1994. The team is scheduled to meet again on December 20 and 21, 1993, to continue the planning process. On December 9, 1993, the Joint Interim Committee on Education sent correspondence to the ADE and requested that the ADE file regular quarterly reports to the Committee on the implementation of the Pulaski County Desegregation Settlement Agreement. A copy of this correspondence is attached as Exhibit 4. Governor Jim Guy Tucker met with Gene Wilhoit on December 10, 1993, to discuss how the ADE will comply with the Court's Order to discuss the contents of this Initial Progress Report to the Court. Governor Tucker also asked for a progress report on the January 3, 1994, report to the Court. On Monday, December 13, 1993, the State Board of Education requested a report on the hearing held November 17 and 18, 1993. In an hour long presentation and discussion, the Board received additional copies of the 1989 Desegregation Settlement Agreement, the May 31, 1989 monitoring plan and the ADE's plan to assist the Pulaski County School Districts in Complying with the Desegregation Settlement Agreement and in Helping the Districts Remediate Disparities in Academic Achievement. This last document was presented to the Court during the recent hearing. Additionally, the Board received a copy of the Court's Order dated 5 I I I I I I I I I I I I I I I I I I I December 10, 1993. During the presentation, the ADE reviewed the Board's obligations under the 1989 Settlement Agreement and discussed Gene Wilhoit's testimony during trial. The Board was told that during his testimony, Gene Wilhoit stated what actions the ADE had taken and stated the ways in which the ADE could do a better job responding to each obligation. The Board was presented with a detailed outline of the Court's December 10, 1993, Order and was told that the ADE is responsible for the obligations in the 1989 Settlement Agreement and the May 31, 1989, monitoring plan. The Order's requirement that the Board have a role in the conceptual document and in the development and implementation of the strategic plan was also highlighted. Additionally, a list of dates that reports are due the Court was also furnished to the Board. The final part of the presentation gave the Board an overview of the actions the ADE has taken since the November hearing. State Board of Education members recognized that they have an obligation to define their role in the development of the conceptual plan due the Court on January 3, 1994. Therefore, the Board scheduled a special called meeting on December 29, 1993, at 2:00 p.m. at the ADE to review a draft report and to complete a planning session with Mr. Ron Copeland to define the role of the Board. The information derived from this session will be presented to the Court in the January 3, 1994, report. The Board also voted to give Mr. Wilhoit the authority to reorganize the ADE in any manner he deems necessary to fulfill the Settlement Agreement obligations and other ADE initiatives. 6 I I I I I I I I I I I I I I I I I I I Additionally, the Board voted to hire Sheila Freeman, a black female, as a Grade 24 Staff Attorney. Her primary responsibilities will be to insure that the planned monitoring activities for the Pulaski County School District occur as scheduled and that monitoring visits are routinely documented. A copy of her resume is attached as Exhibit 5. On December 14, 1993, ODM staff met with ADE staff
and ODM provided the ADE staff an overview of the history of the Pulaski County Desegregation lawsuit, discussed the establishment of ODM and described the role of ODM. Eight ODM staff members made presentations explaining their job duties at ODM, and the monitors used examples of their actual monitoring activities to illustrate how they perform their jobs. Bill Mooney, Budget Analyst, described the planning process that the Little Rock School District has used to produce a project management tool to implement the district's plan for fulfilling its responsibilities under the Desegregation Settlement Agreement. On December 17, 1993, the ADE will appear before the Legislative Council to discuss the ADE's responsibilities under the Settlement Agreement and to provide copies of the December 10, 1993, Order and the Initial Progress Report to the Court. Copies of this Progress Report will also be distributed to the Joint Interim Committee on Education and the Desegregation Litigation Oversight Subcommittee. 7 I I I I I I I I I I I I I I I I I I I Respectfully Submitted, Bar I.D. #90-181 #4 Capitol Mall, Room 305-A Little Rock, AR 72201 Tim Humphries Assistant Attorney General Bar I.D. #84-080 323 Center Street, Suite 200 Little Rock, AR 72201 8 I I I I I I I I I I I I I I I I I I I CERTIFICATE OF SERVICE I, Elizabeth Boyter, do hereby certify that I have served the foregoing by mailing a copy of the same, U.S. Mail, postage prepaid, on this /7.f:/..d.a.y_ of December, 1993, to the following: John W. Walker, Esq. John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206-1220 M. Samuel Jones III, Esq. Wright, Lindsey&. Jennings 2200 Worthen Bank Building Suite 200 Little Rock, AR 72201-3699 Richard w. Roachell, Esq. Roachell & Streett First Federal Plaza 401 West Capitol Avenue Suite 504 Little Rock, AR 72201 Christopher J. Heller, Esq. Friday, Eldredge, & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3407 Ann Brown, Monitor Office of Desegregation Monitoring 201 E. Markham, Suite 510 Heritage West Building Little Rock, AR 72201 Stephen W. Jones, Esq. Jack, Lyon & Jones, P.A. TCBY Tower 425 West Capitol Avenue Suite 3400 Little Rock, AR 72201 Tim Humphries, Esq. Assistant Attorney General Attorney's General Office 323 Center Street, Suite 200 Little Rock, AR 72201 ELIZ BETH BOYTE I I I I I I I I I I I I I I I I I I I OFFICSS Sen. Joe E. Yates Chairman Rep. L\oyd R. George Vice Chainn11n H~BERS Rep. John Peul Capp& Sen. U. 0. Moore, Jr. Rep. Lacy Landers Sen. Joo Yates Rep. Ode L. Maddox Sen. Jerry Bookout Rep. 8. G. Herdrix Sen. Stanley Russ Rep. L. L. Bryan Sen. Nick Wllaon Rep. Bobby G, NelMn Sen, Bud CanadA Rep. Lloyd R. George Sen. Jerry Jewell llep. u. IL "Bud11 Rica Sen. Wayne Dowd Rep. Gus Wingfield Sen. Bill Walter& Rep. Jarry Hinshaw Sen. Hike Beorden Rep. J. Sturgis Millar Sen. Horril Harrim11n Rep. Jim Holland Sen. Steve Bell Rep. Tad Mullenix sen. Hike Beebe Rep. Jinmie D. MclC!ssack Sen. Allen Gordon Rap. Ed Thicksten sen, Lu Hardin Rep. 00Ui Wood Rep. Bruce Hawkins Rep. owen Hiller Rep. Keith Uood Rop. Ben Hc:Cee Rep. v. o. Calhoun Rep. Charles 1/horton Rep. Tymothe Uooldridga Kern L. Treat Executive secretary ARKANSALSE GISLATIVEC OUNCIL Room 315, State Capitol Building Litt le Rock, AA 72201 November 24, 1993 Mr. Gene Wilhoit, Director Department of Education #4 State Capitol Mall Little Rock, AR 72201 Dear Mr. Wilhoit: Tel: 501-6821937 The Legislative Council at its meeting on Friday, November 19, 1993, adopted a motion requesting that you or a representative of your office attend the December 17 meeting of the Council and each monthly meeting thereafter to provide the Council information concerning compliance with the desegregation court orders. This motion included requests that the report on December 17 include information concerning the following additional topics: (1) The effects that any reductions in the timber revenues have had and will have on the Waldron school district and other school districts in which national forest lands are located including the effect on students if the schools find it necessary to cut the school terms to less than the minimum number of school days necessary to maintain academic compliance. (2) Information concerning the operation of the public school transportation programs and whether taxicab rentals and vehicle leasings are awarded on a competitive bid basis. It was further requested that any information which is presented at the monthly meetings also be available to members of the Legislative Council in writing. I :..{-.. I I I I I I I I I I I I I I I I I I Mr. Gene Wilhoit, Director, Department of Education Page 2 November 24, 1993 The regular meetings of the Legislative Council are usually scheduled on the third Friday of each month, and the next meeting is scheduled for Friday, December 17, 1993. If we can be of any assistance, please let us know. KLT/jb I I I I I I I I I I I I I I I I I I I . ,. --.. . ..., "~ A. B. C. D. AGENDA DESEGREGATION LITIGATION OVERSIGHT SUBCOMM1TTEE OF THE ARICANSAGS ENERALA SSEMBLY 9:00 a.m. December 7, J.993 Room 328, State Capitol Building Little Rock, Arkansas Senator Mike Beebe, co-Chairman Representative Joseph K. Mahony II, Co-Chairman Senator Jerry Jewell Senator David R. Malone Senator Morril H. Harriman, Jr. Representative Mike Wilson Representative Irma Hunter Brown Representative Mark L. Pryor Mrs. Rae Rice Perry Mr. Bob Lamb Call to Order Approval of Minutes of September 8, 1993 [Exhibit lJ Discussion of the Hearing to reinstate the Arkansas Department of Education as party in the Pulaski County School Desegregation case. --Elizabeth Boyter, Attorney, Department of Education --Tim Rwnphries, Senior Assistant Attorney General Update on the Lakeview School District, et al. v. Bill Clinton, et al. case. --Elizabeth Boyter, Attorney, Department of Education --Tim. Humphries, Senior Assistant Attorney General E. Other Business F. Adjournment :.-..: ' E>CHIBIT I.= ':-'~j I I I I I I I I I I I I I I I I I I I RONALD R. COPELAND Planning and Management Consulting Services 1100 N. University Avenue Suite 109 Little Rock. Arkansas 72207 (501) 663-0900 EmploymeBnta ckground Consultant January1 1990t o Present Self-employecdo nsultanpt rovidingp lanningm, anagemenatn, dd evelopmencto nsulting servicesto businessg, overnmenat,n dn onprofiot rganizationsP. resenct lientsi nclude the ArkansasD evelopmenFt inanceA uthority
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nd,t he GreaterH otS pringsC hambeor f Commerce. President June1 988to J anuary1 990 RenaissanAces seMt anagemeInntc, . Directeda smallc onsultingfi rm specializingin preparationo f commerciarle al estate businesps lansb, usinesdse velopmepnlta nninga,n dp ublicp olicyp lanningC. lientsin 1988 and 1989i ncludedH omeF ederaSl avingsa nd LoanA ssociationin MountainH ome, Arkansasa, nd the HistoricP reservatioAnl lianceo f Arkansas. SenioVr iceP resident June1 983t oJ une1 988 NationaInl vestorLsi feI nsurancCeo mpany Managedth e $3.5 billionc ompanyd uringi ts receivershipu ndert he directiono f the ArkansasIn suranceC ommissionearn d the PulaskCi ountyC ircuitC ourt Guidedt he executiono f a court-approvepdl an to conservet he value of annuityp olicyholder investmentasn d the transfero f assetsa nd policyholdelira bilitiest o MetropolitanL ife InsurancCe ompany. Consultant Januar1y9 81to June1 983 Self-employedc onsultanti n Arlington,V irginia, conductingr esearchf or a Ford Foundatiofnu ndeds tudyo n the Cuban-HaitiaCnr isiso f 1980,a nd otherp ublicp olicy planninpgr ojects. EXHIBIT 3 I . ., . I I I I I I I I I I I I I I I I I I SpeciaAl ssistantt o the Secretary U.S . Depto. f Housinga ndU rbanD evelopme(n1t9 79) U.S. Dept.o f HealthE, ducationa,n dW elfare(1 980-1981) Februar1y9 79t oJ anuary1 981 Managedt he IntergovernmentAaflf airsp rogramf or the Office of the Secretarya t DHEWc, ommunicatinwgi thc ity,c ountya, nds tateg overnmenint teresgt roupso n behalf of departmentaplo liciesa ndr egulationsA. t DHUDw, ithint he Officeo f the Secretary, managed the review of problem issues and policy decisions on small cities, rural developmena~n dn eighborhoods. Director June1 975t oJ anuary1 97'9 ArkansaDs epartmeonft L ocaSl ervices Directedth e cabinet-levceol mmunitayf fairsa gencyw hichd evelopeadn de xecutesdt ate plans for housinga nd communitya ssistanceo, utdoorr ecreatione, mploymenat nd training programs, state-level community action programs, aeronautics, and intergovernmentraell ations.T he departmenptr ovidedtr ainingp rogramsm, anagement assistancea, ndf inanciaal id to Arkansacsi tiesa ndc ounties.L ocalS ervicese mployed 120p ersonsa nda dministeread b udgeot f $85m illionin FY1 978. CityM anager March1 972t oJ une1 975 Cityo f TexarkanaA, rkansas Chiefa dministrativoef ficero f city governmenwti th 300 employeeasn d a budgeto f $5 millionfo r calendayr ear1 975i,n a cityw ith2 2,000p opulation. CommuniDtye velopmeAngte ncy TexarkanaA, rkansas June1 968to M arch1 972 Positionsin cludedP hysicaFl acilitiesP lannerA, ssistantD irectora, nd Directoro ver a periodo f four years. Assistedin planninga ndi mplementintgh e ModelC itiesP rogram with an annualb udgeto f $2 millionf or redevelopmenetc, onomicd evelopmenst,o cial servicese, ducationh, ousinga, ndh ealthp rogramfso r an areat hat includeda bout5 0% of the city. EducationBala ckground Bacheloar nd MasterD egreesin Architecturfero mT exasA &MU niversity1
968 DistinguisheSdtu denint 19661, 967a, nd1 968. CommunitIyn volvement MemberC, ommunitAy dvisoryB oardT, he DonaghePy roject1, 993 MemberA, rkansasIn stituteo f GovernmenTta skF orce,U ALR,1 991. ChairmanL, eadershiIpn stituteo f GreateLr ittleR ock,1 989-1990. MemberL, eadershiIpn stituteA lumnAi ssociatioBno ardo f Directors1,9 85-1988. ChairmanC, entralA rkansasT ransiAt uthorityB oardo f Directors1, 986-1988. Page2 I I I I I I I I I I I I I I I I I I I ~nalar Jtrry D. Jewell ~NIU Co-Chairman ARKANSAS GENERAL ASSEMBLY JOINT INTERIM COMMITTEE ON EDUCATION RepNstruadYt Bobby G. Nnvman Houst Co-Cliairman December 8, 1993 !JE@mfiW~ DECO 9 1993 Mr. Gene Wilhoit, Director General Education Division Arkansas Department of Education #4 State Capitol Mall ATTORNEY'SO FFICE Little Rock, AR 72201 Dear Mr. Wilhoit: It has come to our attention that the legislation which created the Desegregation Litigation Oversight Subcommittee of the Arkansas General Assembly (Arkansas Code Annotated 10-3-1501 et seq.), required, among other things, that the Arkansas Department of Education provide regular quarterly reports to the Joint Interim Committee on Education regarding the implementation of the Pulaski County School Desegregation Case Settlement Agreement (see particularly Arkansas Code Annotated 10-3-1504). The purpose of this letter is to follow-up on the law and request that said reports be filed with the Education Committee. Hopefully, the General Assembly, through its various oversight procedures, can lend greater visibility and cooperation among stakeholders on this most important issue. I am sufficiently embarrassed and apologize for not informing the Department of Education long ago that it is out of compliance with the aforementioned enactment. Relevant legislation has been enclosed for informational purposes. Please feel free to call upon the Co-Chairmen or me if there are any questions. Sincerely, ~ ?Jl~,un-,- Tony Minicozzi Legislative Analyst Joint Interim Committee on Education Enclosure cc Sen. Jerry Jewell, Co-Chairman, Joint Interim Committee on Education Rep. Bobby G. Newman, Co-Chairman, Joint Interim Committee on Education Sen. Mike Beebe, Co-Chairman, Desegregation Litigation Oversight Subcommittee Rep. Jodie Mahony, Co-Chairman, Desegregation Litigation Oversight Subcommittee Ms. Elaine Scott, Chair, State Board of Education Ms. Elizabeth Boyter, Attorney, Department of Education ~=~~::~ ~:~~skt~~~1
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~if ::k. ~~~c}i State CapiJol, Room 315 Little Rock, Arkansas 72201 Phone (501) 682-1937 Fax (501) 682-1936 I I I I I I I I I I I I I I I I I I I I -- -- --- 10-3-1405 GENERAL ASSEMBLY 50 and Tax Policy shall make its findings on the forecast of general revenues available for distribution. (3) A report of the committee's findings shall be sent to the Chief Fiscal Officer of the State. (b) In the event the Chief Fiscal Officer of the State determines it has become necessary to change the forecast of general revenues available for distribution, the Chief Fiscal Officer of the State shall report the expected change in forecast to the Office of Economic and Tax Policy and the Joint Committee on Economic and Tax Policy with an explanation of the need for the change. History. Acts 1993, No. 1274, 3. 10-3-1405. Interdepartmental cooperation and assistance. (a) The Department of Finance and Administration shall cooperate with and assist the Office of Economic and Tax Policy in carrying out its responsibilities by providing the office with such nonconfidential tax information as may be requested by the office and by providing such other assistance to the office as may be requested. (b) Other state agencies shall cooperate with and assist the Office of Economic and Tax Policy in carrying out its duties. (c) The state-supported institutions of higher education shall cooperate with and assist the Office of Economic and Tax Policy in carrying out its duties and shall provide to the committee support and advice in determining the state's economic policy and revenue forecast. History. Acts 1993, No. 1274, 5. SUBCHAPTER 15 - DESEGREGATION LITIGATION OVERSIGHT SUBCOMMITTEE SECTION. 10-3-1501. Established- Powers and duties. 10-3-1502. Members - Compensation. Effective Dates. Acts 1989 (3rd Ex. Sess.), No. 71, 7: Nov. 16, 1989. Erner gency clause provided: rt is hereby found and determined by the General Assembly that the State of Arkansas has recently expended huge amounts of state revenues for costs involved in desegregation litiga tion
that it is in the best interests of all taxpayers of this state that an oversight subcommittee representative of the inter ests of the state be established to advise the Governor and the General Assembly SECTION. 10-3-1503. Reduction of future litigation liability. 10-3-1504. Reports - Settlements. in settlements of litigation involving desegregation and to develop positive means to avoid future litigation in the area: that the establishment of this subcommittee through legislation is necessitated by a recent opinion issued by the Attorney ~neral. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the pub lie peace. health and safety shall be in full force and effect from and after its passage and approval." I I I I I I I I I 1. I I I I I I I I I 51 COMMITTEES 10-3-1502 l0-3-1501. Established - Powers and duties. There is hereby established the Desegrega~ion Litigation Oversight Subcommittee of the General Assembly which shall have the authority and duty to monitor the implementation of the Pulaski County Desegregation Case Settlement Agreen:_ienat nd ~o mo~itor the state's participation in any future desegregation case :n v.:h1ch the Department of Education or the State Board of Education is a defendant, or both. History. Acts 1989 13rd Ex. Sess.l. No. il. ~ l. A.C.R.C. Notes. In November. 1982. the Little Rock School District filed suit :1l!ainst the Pulaski County Special ::i~hool District, the North Little Rock :School District. the State of Arkansas, :ind the State Board of Education alleging actions by officials resulting in the segre" ation of schools in the Little Rock disZrict. Little Rock School District v. Pulaski County School District No. l, et. :ii.. Docket No. LR-C-82-866. In Decem-ber. 1989, the United States District Court for the Eastern District of Arkansas. Henry Woods, J .. rejected the settlement plan submitted (726 F. Supp. 1544 IE.D. Ark. 1989\l. The court of appeals reversed holding the settlement plan should have been approved (921 F.2d 1371 (8th Cir. 1990\l. On remand (769 F. Supp. 1483 IE.D. Ark. 1991Jl the agreement was again rejected and the appeal therefrom vacated (949 F.2d 253 (8th Cir. Ark. 199lll. 10-3-1502. Members - Compensation. (al The subcommittee shall consist of four (4) members from the Senate appointed by the President Pro Tempore
four (4) members of the House of Representatives appointed by the Speaker of the House
and three (3) persons appointed by the Governor. {b)(l) The members appointed by the Governor shall be representative of the educational community in Arkansas. (2) At least one (1) member from the Senate and at least one (1) member from the House of Representatives shall be a lawyer. (3l At least one (1) member of the subcommittee shall be a woman and at least one (1) additional member shall be black. 1 c) All per diem and mileage for legislative members shall be paid from the joint interim committee funds for the Joint Interim Committee on Education. Nonlegislative members shall be paid from funds available through the Department of Education at the same rate as legislative members. History. Acts 1989 (3rd Ex. Sess.l, No. 71. :!. I I I I I I I I I I I I I I I I I I 10-3-1503 GENERAL ASSEMBLY 52 10-3-1503. Reduction of future litigation liability. The Oversight Subcommittee shall examine possible methods to reduce the potential for the State being liable in future desegregation litigation and make recommendations for legislation to the Governor and to the General Assembly. History. Acts 1989 {3rd Ex. Sess.J, No. 71, 4. 10-3-1504. Reports - Settlements. (a) The Department of Education and the Attorney General shall report regularly to the Oversight Subcommittee on implementation of the Settlement Agreement and on any future desegregation litigation involving the State of Arkansas. (b) Neither the Department of Education nor the Attorney General shall enter into a final settlement of any future desegregation litigation without seeking the advice of the Oversight Subcommittee. (c) The Arkansas Department of Education will provide reports to the Joint Interim Committee on Education regarding the implementation of the Pulaski County School Desegregation Case Settlement Agreement on a quarterly basis and at such other times as may be necessary to keep the committee fully advised on these matters. History. Acts 1989 (3rd Ex. Sess.l, No. 71, 3. 8UBCHAPTER 16 - JOINT INTERIM OVERSIGHT COMMITTEE ON HIGHER EDUCATION REFORM SECTION. 10-3-1601. Creation - Members. 10-3-1602. Duties. 10-3-1601. Creation - Members. (a) To assist the General Assembly, there is established the Joint Interim Oversight Committee on Higher Education Reform to be composed of the following members: (1) Seven (7) members of Arkansas Senate to be appointed by the President Pro Tempore of the Senate, in consultation with the Chairman of the Senate Education Committee
and (2) Seven (7) members of Arkansas House of Representatives to be appointed by the Speaker of the House of Representatives, in consul ta. tion with the Chairman of the House Education Committee. (b) In making their appointments, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall seek to ensure that members who are knowledgeable about all types of post secondary educational institutions and who represent all geographic regions of the state shall serve on the committee. I I I I I I I I I I I I I I I I I I EDUCATION SHEILA E. FREEMAN P.O. Box 2575 Little Rock, Arkansas 72203-2575 (501) 376-1907 University of Arkansas School of Law, Fayetteville, Arkansas. May, 1990. Admitted to Arkansas Bar, September, 1990. J .D.' Boston University School of Management, Boston, Massachusetts. B.S.B.A., May, 1987. Concentration: Finance and Real Estate. EXPERIENCE Arkansas Drugs Commerce/Associated Arkansas: Don't Work, Industries of Arkansas Arkansas, State Inc., Chamber of Little Rock, EXECUTIVE DIRECTOR (11/92 - PRESENT). Represents small and midsized businesses in developing and maintaining effective, affordable drug-free workplace programs. Counsels businesses and other organizations on all legal issues involving drug testing in the workplace. Coordinates statewide implementation of Arkansas Drugs Don't Work through local Chambers of Commerce, state agencies and other organizations. Represents Arkansas Drugs Don't Work before the Arkansas Legislature. Mitchell~ Williams, Selig, Gates & Woodyard, Insurance Section, Little Rock, Arkansas: ASSOCIATE ATTORNEY (9/90 - 11/92). Represented life, health, property and casualty clients in insurance company formations, admissions, filing of insurance holding company acquisition statements and permanent registration statements, reinsurance transactions and policy drafting. Assisted in the design and regulatory approval of new insurance products. Handled mergers, consolidations and redomestications of insurance companies. Represented insurance companies, heal th maintenance organizations, agents, agencies and other clients before legislative bodies. Advised insurance companies on the use of clearing corporations and the Federal Reserve book-entry system. University of Arkansas School of Law, Fayetteville, Arkansas: RESEARCH ASSISTANT (7/89 5/90). Researched and drafted memorandums and legal documents involving various issues in family law for Professor Chauncey Brummer. Westphal & Steenken, Fayetteville, Arkansas: LAW CLERK (1/89 - 5/90). Assisted as law clerk in full service firm comprised of two attorneys. Conducted legal research, dafted pleadings and appellate briefs, aided attorneys in preparation for litigation, and provided pro bono representation on behalf of clients involved in various civil and criminal matters under the supervision of an attorney as required by Arkansas Court Rule 15. I I I I I I I I I I I I I I I I I I Resume of Sheila E. Freeman Page 2 South Shore Banlc, Commercial Loans Department, Chicago, Illinois: COMMERCIAL LOAN OFFICER (INROADS PROGRAM SUMMER, 1987). Conducted interviews, collected and processed financial data, prepared and presented financial proposals for approval by the loan department, and reviewed existing loans to determine continued compliance with criteria of the program. Participated in planning and implementation of proposals to form the Southern Development Banc of Arkadelphia, Arkansas, an Arkansas enterprise group. Kemper Corporation, James S. Kemper Foundation Scholar, Long Grove, Illinois: CORPORATE ANALYST (SUMMER, 1986). Researched and collected data on products, distribution channels and financial position of over 100 competitors in insurance-related areas. Compiled information and data into book distributed to executive officers throughout Kemper Corporation and its subsidiaries for use in various aspects of corporate planning. CLAIMS REPRESENTATIVE (SUMMER, 1985). Originated and maintained over 100 workers' compensation files. Determined causes of accidents and other losses, and negotiated prompt and fair settlements when justified. CORPORATE RELATIONS ANALYST ( SUMMER, 1984). Researched and collected data on non-profit and consumer organizations around the country. Compiled information and data into book used by Kemper Corporation in determining and implementing marketing strategies. OTHER-EXPERIENCE AND SKILLS Registered lobbyist (9/90 - PRESENT) . Proficient in use of IBM PC (hardware), LOTUS, WordPerfect, and other software programs. ACTIVITIES AND INTERESTS Member: Central Arkansas Transit Authority (CATA) Board
Pulaski County Bar Association Board
Arkansas Bar Association
Volunteers' Organization for Central Arkansas Legal Services (VOCALS)
National Order of Barristers
Volunteer, Big Brothers/Big Sisters of Pulaski County. Reading, cycling, weightlifting, and racquetball. REFERENCES AVAILABLE UPON REQUEST I u , ... 'j Resume of Sheila E. Freeman I Page 3 I I I I I I I I I I I I I I I I I Judge Marion A. HUlllphrey Circuit Judge REFERENCES Sixth Judicial District, First Division Pulaski and Perry Counties 201 West Third, Room 340 Little Rock, AR 72201 Mr. Henrywarren Director . Human Resources TDCS Entergy Services, Inc. P.O. Box 8082 Little Rock, AR 72203 Wendell L. Griffen, Esq. Wright, Lindsey & Jennings 2200 Worthen Bank Bldg. 200 West Capitol Ave. Little Rock, AR 72201 I I I I I OFFICERS Sen. Joe E. Yates Chairman Rep. Lloyd R. George Vice Chairman MEMBERS I Rep. John Paul Capps Sen. U. D. Moore, Jr. I I I I I I I I I I I I I Rep. Lacy Landers Sen. Joe Yates Rep. Ode L. Maddox Sen. Jerry Bookout Rep. B. G. Hendrix Sen. Stanley Russ Rep. L. L. Bryan Sen. Hick Uilson Rep. Bobby G. Newman Sen. Bud Canada Rep. Lloyd R. George Sen. Jerry Jewell Rep. U. R. "Bud" Rice Sen. Uayne Dowd Rep. Gus Ulngfield Sen. Bill Walters Rep. Jerry Hinshaw Sen. Mike Bearden Rep. J. Sturgis Miller Sen. Merril Harriman Rep. Jim Holland Sen. Steve Bell Rep. Ted Hul Lenix Sen. Mike Beebe Rep. Jinrnie D. McKissack Sen. Allen Gordon ..-.. Rep. Ed Thicksten Sen. Lu Hardin Rep. Doug Uood Rep. Bruce Hawkins Rep. Owen Hiller Rep. Keith Uood Rep. Ben McGee Rep. V. 0. Calhoun Rep. Charles Uhorton Rep. Tymothe Uooldridge Kern L. Treat Executive Secretary ARKANSALS EGISLATIVEC OUNCIL .,, . <>' . ~ ., _,
!:', ~\ ! Room 315, State Capitol Building Little Rock, AR 72201 December l 0, 1993 Mr. Gene Wilhoit, Director Department of Education #4 State Capitol Mall Little Rock, AR 7220 l Dear Mr. Wilhoit: Tel: 501682-1937 Enclosed is a copy of the agenda for the Legislative Council meeting to be held at 9 a.m., Friday, December 17, 1993, in Room 171 of the State Capitol Building. Please note that presentations by your office are scheduled on page 2 of the agenda under Item H. 1. Very truly yours, -Kem L. Treat Director KLT/mhf Enc. I I I I I I I I I I I I I I I I I I I A. B. C. D. E. F. G. AGENDA ARKANSALSE GISLATIVCEO UNCIL Room 171, State Capitol Building Little Rock, AR 72201 Friday, December 17, 1993 9:00 a.m. Call to order by Chairman Yates - 9:00 a.m. Roll call. Approval of Minutes of Legislative Council Meeting of November 19, 1993. Reports of Standing Committees: 1. Review, Senator Russ and Representative George, CoChair. 2. Charitable, Penal & Correctional Institutions, Representative Hendrix and Senator Bookout, CoChair. 3. Policy-Making, Representative Newman and Senator Wilson, Co-Chair. 4. Hospital & Medicaid Study, Representative Rice and Senator Hardin, Co-Chair. 5. Performance Evaluation & Expenditure Review, Representative Landers and Senator Moore, Co-Chair. 6. Administrative Rules & Regulations, Representative Capps and Senator Yates, Co-Chair. 7. Uniform Personnel Classification & Compensation Plan, Senator Moore and Representative Maddox, CoChair. Reports of Special Committees. 1. Litigation Reports Oversight, Chairman. Reports of Joint Interim Committees. Review of Communications: 1. Population Report Correction. from the Senator Beebe, Department of 2. Monthly report concerning activities of State Building Services. I I I I I I I I I I I I I I I I I I H. 3. 4. 5 . 6. 7. Quarterly Report of Claims versus Premiums by Class for the State Insurance Program. Provisional positions report submitted under the provisions of Act 36 of 1989 by the Department of Higher Education. Annual audit report of the War Memorial Stadium for the year ended June 30, 1993. Letter dated November 22, 1993, Fisher, State Board of Finance, Revenue Bond Report for 1993. from Jimmie Lou submitting the Biennial Report from Arkansas State University, Beebe Branch, as required by Arkansas Code 6-65- 224. 8. Report from Arkansas Industrial Development Commission identifying ways and means of achieving the goals pertaining to the Overseas Program. 9. Program report from Westark Community College on the University Center filed pursuant to Arkansas Code 6-61-527(e). Business carried over from previous Council meetings: 1. 2. Presentation by officials of the Department of Education concerning information requested at the November meeting: a. b. c. Compliance with the desegregation court orders
Effects that any reductions in the timber revenues have had and will have on the Waldron school district and other school districts in which national forest lands are located including the effect on students if the schools find it necessary to cut the school terms to less than the minimum number of school days necessary to maintain academic compliance
Operation of the public school transportation programs and whether taxicab rentals and vehicle leasing are awarded on a competitive bid basis. Presentation by officials of the Department of Human Services concerning medicaid relief taxes and the disposition of beverage tax collections which are in excess of estimated collections. 2 I I I I I I I I I I I I I I I I I ' ' ' I. J. K. L. M. New Business. New Proposals and Resolutions: 1. Interim Study Proposal 93-104 by Senator Miles - (proposed act) to establish procedures for notification to DFA when motor vehicle liability insurance is canceled (filed with the LC pursuant to Arkansas Code 10-3-217). 2. 3. 4. Interim Study Proposal 93-106 by Senator Scott - requesting a study to determine the effects that the North American Free Trade Agreement will have on economic development and employment opportunities in Arkansas. Interim Study Proposal 93-108 by Representatives Flanagin and Walker - requesting a study by the Joint Interim Committee on Education to determine whether Acts 786 and 1169 of 1993 should be amended to ensure more equitable minority representation on local school boards in districts having a ten percent or greater minority population. Interim Study Proposal 93-109 by Senator Rus~ - for a comprehensive study of Arkansas law relating to preferences for Arkansas bidders, Arkansas products, recycled products, or otherwise, for the purpose of determining the extent to which preferences are utilized, the constitutionality of such laws, the cost of such preferences to the state and local governments, and other related matters. Presentation of monthly employment report. --Ken Garner, State Personnel Review Administrator, Bureau of Legislative Research. Presentation of Arkansas revenue report. --Richard Sims, Bureau of Legislative Research. Other business. N. Adjournment. 3
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<dcterms_creator>Arkansas. Department of Education</dcterms_creator>