Friday Eldredge & Clark HERSCHEL H FRIDAY (1922-1994) WILLIAM H. SUTTON. P.A. BYRON M. EISEMAN, JR.. P.A. JOE D. BELL. P.A. JAMES A. BUTTRY, P.A. FREDERICK S. URSERY. P.A. OSCAR E. DAVIS. JR.. P.A. JAMES C. CLARK. JR., P A. THOMAS P. LEGGETT, P.A. JOHN DEWEY WATSON. P.A PAUL B. BENHAM 111. P.A. LARRY W. BURKS. P.A. A. WYCKLIFF NISBET. JR.. P.A. JAMES EDWARD HARRIS. P A. J. PHILLIP MALCOM. P.A. JAMES M. SIMPSON, P.A JAMES M. SAXTON. P.A. J. SHEPHERD RUSSELL III, P A. DONALD H BACON, P.A. WILLIAM THOMAS BAXTER, P A BARRY E. COPLIN, P.A. RICHARD D. TAYLOR, P.A. JOSEPH B. HURST. JR., P.A. ELIZABETH ROBBEN MURRAY. P.A. CHRISTOPHER HELLER. P.A. LAURA HENSLEY SMITH. P A. ROBERT S. SHAFER. P.A. WILLIAM M. GRIFFIN Hl. P.A. MICHAEL S. MOORE. P.A. DIANE S. MACKEY. P.A. WALTER M. EBEL HI. P A KEVIN A. CRASS. P.A. WILLIAM A. WADDELL. JR.. P.A. SCOTT J. LANCASTER. P.A. M. GAYLE CORLEY. P.A. ROBERT B- BEACH. JR.. P A. J. LEE BROWN, P.A. JAMES C. BAKER. JR . P A. HARRY A. LICHT. P A. SCOTT H. TUCKER. P A. GUY ALTON WADE. P.A. PRICE C. GARDNER. P A. TONIA P. JONES. P.A. DAVID D. WILSON. P A. ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP www.fridayfirm.com 2000 REGIONS CENTER 400 WEST CAPITOL LITTLE ROCK. ARKANSAS 72201-3493 TELEPHONE 501-376-2011 FAX 501-376-2147 3425 NORTH FUTRALL DRIVE. SUITE 103 FAYETTEVILLE. ARKANSAS 72703-4811 TELEPHONE 501-695-2011 FAX 501-695-2147 JEFFREY H. MOORE. P.A. DAVID M. GRAF. P.A. CARLA GUNNELS SPAINHOUR, P.A. JOHN C. FENDLEY. JR., P.A. JONANN ELIZABETH CONIGLIO. P A. R. CHRISTOPHER LAWSON. P A. GREGORY D. TAYLOR. P.A. TONY L. WILCOX. P.A. FRAN C. HICKMAN. P A. BETTY J. DEMORY. P.A. LYNDA M. JOHNSON. P.A. JAMES W. SMITH. P.A. CLIFFORD W. PLUNKETT. P.A. DANIEL L. HERRINGTON. P.A. MARVIN L. CHILDERS K. COLEMAN WESTBROOK. JR. ALLISON J. CORNWELL ELLEN M OWENS JASON B. HENDREN BRUCE B. TIDWELL MICHAEL E. KARNEY KELLY MURPHY MCQUEEN JOSEPH P. MCKAY ALEXANDRA A. IFRAH JAY T. TAYLOR MARTIN A. KASTEN BRYAN W. DUKE JOSEPH G. NICHOLS ROBERT T. SMITH RYAN A. BOWMAN TIMOTHY C. EZELL T MICHELLE ATOR KAREN S. HALBERT SARAH M. COTTON PHILIP B. MONTGOMERY KRISTEN S. RIGGINS ALAN G. BRYAN OF COUNSEL B.S. CLARK WILLIAM L. TERRY WILLIAM L. PATTON. JR. H-T. LARZELERE, P.A. JOHN C. ECHOLS, P.A. A.D. MCALLISTER 208 NORTH FIFTH STREET BLYTHEVILLE. ARKANSAS 72315 TELEPHONE 870-762-2898 FAX 870-762-2918 JOHN C. FENDLEY, JR. LITTLE ROCK TEL 501-370-3323 FAX 501-244-5341 ftnclleyQftc.net January 2, 2002 received The Honorable Susan Webber Wright 522 U.S. Post Office and Courthouse 600 West Capitol Avenue Little Rock, Arkansas 72201-3325 JW3 M OffittOF VIA FAX: 604-5169 RE: Little Rock School District v. PCSSD Dear Judge Wright: We are writing in response to Mr. Walker's fax of December 28, 2001, concerning a continuance of the January 28 hearing. While we do not question the basis on which Mr. Walker requests a continuance, we respectfully submit that Mr. Walker's associate, Robert Pressman, could ably represent the Joshua Interveners at the hearing. Mr. Pressman has been present and participated in previous hearings. In particular, Mr. Pressman examined Dr. Bormie Lesley, who will be the District's primary witness on the issues of achievement and advanced placement courses. The Joshua Interveners will not be prejudiced because Mr. Pressman does not have time to prepare for the hearing. The parties first exchanged exhibits on December 28, 2001, the same date as Mr. Walker's fax. Thus, Mr. Walker has not spent a great deal of time reviewing the District's exhibits which will now have to be duplicated by Mr. Pressman. For several reasons the Little Rock School District wants a decision in this case as soon as possible. One reason is the District's agreement with the State which is a part of the record as Court'sThe Honorable Susan Webber Wright January 2,2002 Page 2 Exhibit 548. Based on that agreement, any delay could eventually result in the District owing the State $5,000,000.00. Accordingly, the Little Rock School District respectfully requests that the January 28 hearing go forward as scheduled. Sincerely, wn C. Fendley, Jr. cc: Ms. Ann Marshall Mr. John Walker Dr. Ken James0: JOHN W. WALKER RALPH WASHINGTON MARK BURNETTE SHAWN CHILDS John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 RECEIVED FEB 1 - 2002 OmCEOF DESEGREGATION MONITORING Via Facsimile - 376-2147 January 30, 2002 Mr. Clay Fendley Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Little Rock, AR 72201 Re: LRSD v PCSSD Dear Clay: I am in receipt of your letter dated January 28, 2002. Due to my limited resources and staffing, and since District officials to whom I have directed my correspondence have support personnel, may I suggest that you advise District officials when they receive a request for information or referral from me that they have their support personnel forward copies to your attention. I am not conducting discovery. I am continuing my role as a monitor for the Joshua Intervenors. Furthermore, I am not aware of any order from the Court which states that Joshua monitors are prohibited from monitoring the Districts compliance with its plan(s) as ordered by the 8' Circuit Court of Appeals. Nor am I aware of any order which states that I cannot conduct my monitoring activities as I have done so previously. Finally, I do not believe my monitoring activities are contrary to any court order. Please give me a call if you have a problem with my suggestion that District officials forward any correspondence from me to your attention. Sincerely Joy C. Springer Joshua Monitor JCS/ cc: Dr. Ken James Mr. Junious Babbs Friday Eldredge & Clark HERSCHEL H. FRIDAY (1922-1994) WILLIAM H. SUTTON. P.A. BYRON M. EISEMAN. JR.. P.A JOE D. BELL. P.A. JAMES A. BUTTRY, P.A. FREDERICK S. URSERY. P.A OSCAR E. DAVIS. JR.. P.A. JAMES C. CLARK. JR.. P.A. THOMAS P. LEGGETT. P.A JOHN DEWEY WATSON. P.A PAUL B. BENHAM III. P.A LARRY W. BURKS. P.A A WYCKLIFP NISBET. JR.. P.A. JAMES EDWARD HARRIS. P.A. J. PHILLIP MALCOM. P.A JAMES M. SIMPSON. P.A. JAMES M. SAXTON. P.A. J. SHEPHERD RUSSELL HI. P.A. DONALD H. BACON. P.A. WILLIAM THOMAS BAXTER. P.A BARRY E. COPLIN. P.A. RICHARD D. TAYLOR. P.A. JOSEPH B. HURST. JR.. P.A. ELIZABETH ROBBEN MURRAY. P.A. CHRISTOPHER HELLER. P.A. LAURA HENSLEY SMITH. P.A ROBERT S. SHAFER. P.A. WILLIAM M. GRIFFIN UI. P.A MICHAEL S. MOORE. P.A DIANE S. MACKEY. P.A. WALTER M. EBEL III. P.A. KEVIN A. CRASS. P.A WILLIAM A. WADDELL. JR,. P.A. SCOTT J. LANCASTER. P.A M. GAYLE CORLEY. P.A ROBERT B. BEACH. JR.. P.A. J. LEE BROWN. P.A. JAMES C. BAKER, JR.. P.A. HARRY A. LIGHT. P.A SCOTT H. TUCKER, P.A. GUY ALTON WADE. P.A. PRICE C. GARDNER. P.A. TONIA P. JONES. P.A. DAVID D. WILSON. P.A. ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP www.fridayflrm.com 2000 REGIONS CENTER 400 WEST CAPITOL LITTLE ROCK. ARKANSAS 72201-3493 TELEPHONE 501-376-2011 FAX 501-376-2147 3*25 NORTH FLITRALL DRIVE. SUITE 103 FAYETTEVILLE, ARKANSAS 72703-4811 TELEPHONE 501-805-2011 FAX 501-895-2147 208 NORTH FIFTH STREET BLYTHEVILLE. ARKANSAS 72315 TELEPHONE 870-782-2898 FAX 870-762-2918 January 28, 2002 JEFFREY H. MOORE. P.A. DAVID M. GRAF, P.A. CARLA GUNNELS SPAINHOUR. P.A. JOHN C. FENDLEY. JR., P.A JOSEPH P. MCKAY ALEXANDRA A. IFRAH JAY T. TAYLOR MARTIN A. KASTEN JONANN ELIZABETH CONIGLIO. P.A. BRYAN W. DUKE R. CHRISTOPHER LAWSON, P.A. GREGORY D. TAYLOR. P.A. TONY L. WILCOX, P.A FRAN C. HICKMAN, P.A. BETTY J. DEMORY, P.A. LYNDA M. JOHNSON, P.A. JAMES W. SMITH, P.A CLIFFORD W. PLUNKETT, P.A. DANIEL L. HERRINGTON. P.A. MARVIN L. CHILDERS K. COLEMAN WESTBROOK. JR. ALLISON J. CORNWELL ELLEN M. OWENS JASON B. HENDREN BRUCE B. TIDWELL MICHAEL E. KARNEY KELLY MURPHY MCQUEEN JOSEPH G. NICHOLS ROBERT T. SMITH RYAN A. BOWMAN TIMOTHY C. EZELL T. MICHELLE ATOR KAREN S. HALBERT SARAH M. COTTON PHILIP B. MONTGOMERY KRISTEN S. RIGGINS ALAN G. BRYAN LINDSEY MITCHAM SLOAN OP COUNSEL B.S. CLARK WILLIAM L. TERRY WILLIAM L. PATTON. JR. H.T. LARZELERE. P.A. JOHN C. ECHOLS. P.A. AD. MCALLISTER JOHN C. FENDLEY. JR. LITTLE ROCK TEL 501-370-3323 FAX 501-2*4-9341 fendley@fec.net VilS C Ms. Joy Springer John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206 RE: LRSD V. PCSSD ,'5 e n Z7 Dear Ms. Springer: This letter is in response to your follow-up letter to Mr. Babbs of January 22, 2002, concerning contact with Joshua. District officials were advised of the Court's order quoted in your letter. Without waiving our attorney client privilege, we can tell you that we did not instruct Mr. Washington or Mr. Babbs to stop providing you information. You state in your letter that it has been your practice to put any referrals to the Ombudsman in writing. We would respectfiilly request that you continue to do so. Also, as a courtesy, we ask that you send me a copy of your written requests for information. We have asked District officials to commumcate with you in writing as well. Hopefully, this will avoid disputes about the subject or content of the communications. To respond to your final inquiry, the District will respond within a reasonable time and in a reasonable manner to reasonable requests for information made by you. We continue to object to Joshua conducting discovery via the FOIA or informal requests. To the extent Joshua seeks discovery for upcoming hearings, we respectfully request that Joshua comply with the Federal Rules of Civil Procedure.Ms. Joy Springer January 28, 2002 Page 2 Finally, we expect that Joshua will comply with the Court's order concerning contacting District persoimel. As we read your letter, you interpret the Court's order as only applying to oral or in-person communications, but not to written communications. Please let us know if we have misinterpreted your position. We would like to develop a common understanding of the Court's order. We appreciate your cooperation. Please do not hesitate to call if you have any questions. Sincerely, John C. Fendley, Jr. cc: Dr. Ken James Mr. Jnnious Babbs John W. Walker, P.A. Attorney Ar Law 1723 Broadway Ltitle Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 RECEIVED FEB 1 - 2002 OFHCEOF DESEGREGATION MONITORING JOHN w. WAT,try,B. SHAWN CHILDS Via Facsimile -324-2281 January 22, 2002 OF COUNSEL ROBERT McHenry, P_A. DONNA J. McHenry 8210 Hendeeson Road Little Rock, Arkansas 72210 Phone: (501) 372-3425 Fax (501) 372-3428 Email: mcheiiryd@swbell.net Mr. Junious Babbs Associate Superintendent for Administrative Services Little Rock School District 501 Sherman Street Little Rock, AR 72201 Dear Mr. Babbs
I am in receipt this date of your letter dated January 14, 2002 in response to mine of January 7, 2002. My request for information from Mr. Washington is a part my continuing role to monitor the activities of the District. I am somewhat puzzled by your letter because you, Mr. Washington, other District staff members and I have communicated on similar issues since the hearings and I have not been advised by you or anyone else that I must first notify counsel for the District in order to receive written requests for information. Moreover, I am not aware of any court order where: Judge Wright instructed Joshua not to communicate with District employees without notifying counsel for the District while litigation was ongoing" Her order states: the Court directs counsel for Joshua Intervenors to go through counsel for the Little Rock School District when seeking information from district or district officials and personnel that is pertinent to the case, and to inform cowtselfor the Little Rock School District prior to contacting officials and personnel about matters not currently before the Court. Your letter raises some questions. First of all, if it was the Districts position not-to provide information to me because of Judge Wrights order, it occurs to me that I should have been notified of this position months ago when the requests were made. There is no court order precluding the District from providing the requested information. In addition, my requests were written, not verbal
and you and/or Mr. Washington could have easily shared them with your counsel before now. Finally, are you saying that District counsel instructed you not to provide the information? It has been my practice to put any referrals to the Ombudsman and requests for information to you and other District personnel in writing. I will continue to do so. It is unclear to me how you, Mr. Washington and other District staff (if you are also speaking for them at this point) intend to respond to my requests for information in the future. I would appreciate clarification from you or Dr. James regarding this question. Joy C. Springei On Behalf of Joshua JCS/ cc: Dr. Kenneth JamesLITTLE ROCK SCHOOL DISTRICT 501 SHERMAN STREET LITTLE ROCK, AR 72202 OFFICE OF ADMINISTRATIVE SERVICES Junious C. Babbs, Associate Superintendent Phone: (501)324-2272 icbabbsstuasn.lrsd.kl2.ar.us -i* January 14, 2002 Ms. Joy Springer John W. Walker, P. A. 1723 Broadway St. Little Rock AR 72206 Dear Ms. Springer
Dr. James asked that I respond to your letter of January 7, 2002, concerning the Ombudsman providing you copies of his investigation reports. As you know. Judge Wright instructed Joshua not to communicate with District employees without notifying counsel for the District while litigation was ongoing. Mr. Washington, along with all other District administrators, was advised of Judge Wrights decisiich in this regard. However, Mr. Washington has been authorized to provide you copies of hiss lleetttteerrss ttoo ppaarreennttss rreeppoorrttiinngg tthhee ffimnddiinngess off hhiiss iinnvveessttiicgraattiionnnss rm mni referred to Mr. Washington by you. on matters If I can be of any further assistance, please let me know. Sincerely, Junious Babbs Associate Superintendent Cc
Dr. Ken James James Washington John w. Walker, p.a. ArronNEy At Law 1723 Broadway Lettle Rock, Arkansas 72206 Tels>hone (SOI) 374-3756 FAX (501) 374-41S7 JOHNW. walkek SHAWN CHILDS OP COUNSEL KOBEKT MuLENK?, PA- DONNA J. McSEM&T SaiOHnffiSSUONBw LdTLS SOCS, 72J10 Phons
(501) 372-S42S P.y:(60U ElulL isci>eiu7di0>wtMli.aet Via Facsimile
604-5149 Honorable Wilham R. Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, Arkansas 72201 Dear Judge Wilson
During e hearing we had on July 12,2002,1 indicated that the Court had previously disallowed d^sitions from ODM staff. I was reminded that the one exception to that was the occasion when LRSD filed a motion to have Judge Wright recused. As I understood Her Order, the reason for that occasion was because of the nature of the motion being filed which raised the issue of the Courts possible prejudice against the District. In previous hearings, the Court, Herself, offered elicited testimony for the record from ODM staff. On those occasions, there was neither objection from the parties nor a request for deposition or pre-court interview. I am writing this letter only to clear up a comment that I made which was not totally accurate but in context. My statement did reflect the Courts past procedure. We have no objectiQn to LRSD iaterviewing Ms. MaKhall our presence. any other ODM staff person either in or out of S/nserely, I W. Walker cc
AU Counsel of Record (via fax)RECEIVED John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 JUL 3 2002 OFFICE OF DESEGREGATION MONITORING JOHN W. WALKER SHAWN CHILDS Via Facsimile - 604-5149 July 1, 2002 OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 Henderson Road Little Rock, Arkansas 72210 Phone: (601) 372-3425 Fax (501) 372-3428 Email: mchenryd@swbell.net Honorable Judge William R. Wilson United States District Judge 600 West Capitol, Suite 423 Little Rock, AR 72201 Re: Case No. 4:82CV0866WRW/JTR LRSD V. PCSSD Dear Judge Wilson: I received your order dated July 1, 2002 after 5:30 p.m. when I returned to the office from a trial before the Honorable George Howard, Jr., USA v. Dennis Williams and Joe Bryant. I am surprised that the Court ruled on the matter before I had an opportunity to reply to it. I note, however, that the Court provides that opportunity to reply post hoc by the filing of a motion and requesting a hearing. The apparent premise of the Order is that the requested FOIA documents are intended for use at the trial on July 22, 2002. Moreover, the Court seems somewhat vexed with counsel. I believe the Court would not be vexed were I to have had a reasonable time in which to respond and to make the following explanation. Joshua has been monitoring the Districts record of compliance since the entry of the original Decree. In that role, we constantly receive concerns from class members about race related matters in each of the three Districts. We first seek to get the Districts information by letter. When that fails, we make a request under FOIA. The District usually responds to our letter requests unless a hearing like the one set for July 22 is approaching. Our monitoring was contemplated by the 8"* Circuit and the Settlement Agreements herein. The Court has not been involved with respect to our monitoring unless the District claimed some prejudice in its trial preparation. Between 1998 and June 2001, there was not a single hearing before the Court on any matter involving LRSD that was initiated by Joshua. Furthermore, the Office of Desegregation Monitoring and Joshua have obtained information from the District in the same manner for years. The Court has reacted in haste to a matter which is not, and will not be before it. The reaction is seen in the Courts conclusion that the requested information appears quite certain to be not timely. The Court seems persuaded that we did not meet the deadline for exchanging exhibits and names of witnesses. We each did so. Mr. Hellers office delivered his exhibits to us at the close of business on June 24, 2002 and we returned our witness list and exhibits to Mr. Heller by his own courier. We agree with the Courts comments that the requests are not pertinent to the three remaining issues in this case as the case relates to the Districts compliance as ofMarch 15, 2001. That does not mean, however, that Joshuas monitoring ended upon the filing of the report by the District on March 15, 2001. For the foregoing reasons, I request the Court to simply rescind its Order, afford us a reasonable reply time and then allow either party an opportunity to request a hearing thereon. In that way, the burden of proof would be upon the moving party on the issue rather than having Joshua in the position of being the moving party. For the information of the Court and the other parties, a criminal jury trial in which I am counsel before Judge Howard is expected to last at least through July 8, 2002. Thank you for your attention to this matter. Sincerely hn W. Walker JWW:js cc: All Counsel of Record Clerk of the Court SILL WILSON JUDGE UNITED STATES DISTRICT COURT eastern district of ARKANSAS 6OOW. CAPITOL, ROOM 423 UTTUE ROCK, ARKANSAS 72201-3S2S (501) 504-5140 Eaccimila (501) 504-5140 July 10, 2002 BY FAX Mr. Chris Heller Mr. Clay Fendley Mr. Sam Jones Mr. Richard Roacheii Mr. John Walker Mr. Dennis Hanson Re
Little Rock School District v. Pulaski County Special School, et al. 4
82CV00866 Dear Counsel: A telephone conference was held on short notice yesterday at about 4:45 p.m. It was among counsel for LRSD and Joshua. I anticipate entering an order based upon information developed at that hearing. It should be filed no later than 2:00 p.m. today, and you may obtain a copy from the clerks office if you wish. Cordially, Wm, R. Wilson, Jr. cc
The Honorable J. Thomas Ray Mr. James W. McCormack 20/Z0 39Wd 6t>TSt>09T0S St>:60 2002/0T/Z0 JIX. 10.2002 10:48Hf1 jom W t^KLR P A NO.600 P.2Z2 JOHN W. WALKER SHAWN CHILDS John W. Walker, P.A. attorney At Law 1722 Bro-WWAy Lirru Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 Via Facsimile: 604-5149 OK COUNSEL ROBERT McHSNBY, PA. DONNA J. MeHENRY 8210 Henduson Roas ttnu Bock. AKKANaah 722M PSONE: (501) 37J-S425 Rja (Ml) 372.3*28 Emmu niciiiry(i8wbeU.a0t July 10,2002 Honorable William R-Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, Arkansas 72201 Dear Judge Wilson
I have just been called back to Court on a case before Judge Howard which was expected to end by Friday of last week. The case went to the jury yesterday evening at approximately 4:00 p,m, I was unable to participate in your conference call yesterday because I was in that case. I understand tiiat you extended the deadline for the exhibits until 2:00 p.m. We have worked to provide the exhibits by 2:00 p.m. I am having to go to Judge Howards Court now. I would appreciate it if you would extend the deadline by one hour. If this presents a hardship on any person or a prejudice to the school district, I would be greatly surprised. 1 appreciate your acconunodation for one hour. icereJ W. Walker JWW:Ip cc: AU Counsel of Record JOHN W. WALKER SHAWN CHILDS John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 Via Facsimile: 604-5149 OF COUNSEL ROBERT McHENRY. P.A. DONNAJ.McHENRY 8210 Henderson Road Little Rock, Arkansas 72210 Phone: (501) 372-3425 Fax (501) 372-3428 Email: mchemydl^wbell.net July 11,2002 Honorable William R. Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, Arkansas 72201 received JUL 15 MO OFFtCE OF DESEQREQATIQN MQMITOWHQ Dear Judge Wilson: Thank you for allowing the additional two hours yesterday in which to submit our exhibits. We are now in the process of preparing for the hearing in the morning on the plaintiffs motion in limine and believe that it is appropriate to make preliminary remarks to the Court before the hearing begins. First, we have attempted to meet the Courts time, date of appearance and substance of testimony requirements in our submission filed yesterday. We have listed 23 witnesses who will testify. We intend to subpoena them pursuant to the Courts Order so that they will be present at 8:30 a.m. on July 22, 2002. Dr. Terrence Roberts and Dr. Steven Ross are outside the range of normal subpoena reach and we may need the Courts help in securing their presence. I intend to speak with them about their availability at the times that I have scheduled their testimony. Because they are out of state, I ask that the Court relieve them of the requirement to be present at 8:30 a.m. on the morning of the 22"''. Second, the exhibits to which reference is made in Para. 2 of Plaintiff s memorandum have been provided to the plaintiff and the court. Third, plaintiff seeks to exclude its own exhibits as evidence that Joshua may utilize in its presentation. The established procedure in this case is that exhibits identified by either party may be relied upon and used by either party provided that they are otherwise admissible. There has not been stated any reason for deviation from past practice in this case. Moreover, there is no prejudice to the plaintiff if we use the exhibits which it has identified and intended to use itself.Page Two July 11,2002 Fourth, the District objects to our inquiring into good faith except as related to the issues involved in this hearing. We agree. 1) The District, however, in this hearing intends to address good faith itself at myraid points. Quality management was discussed extensively by Dr. Bonnie Lesley at the earlier hearing. The District seeks to readdress the issue through Ms. Sadie Mitchell. 2) The testimony of Mr. Baker Kurrus relates to good faith outside the three areas. The covenant referred to by Mr. Kurrus has not been challenged by Joshua because it was not pail of the negotiated agreement. Moreover, there is no issue raised by Joshua regarding compliance by the District with respect to the fee agreement. Mr. Kurrus testimony about Joshua appearances before the Board cannot be an issue. Although we do not object to Mr. Kurrus being a witness, his anticipated testimony must address the three issues before the Court. 3) The District requests that Joshuas effort to present Mr. Junious Babbs testimony on the tliree subjects be disallowed. We have set forth the areas and anticipated testimony of Mr. Babbs. Judge Wright limited us at the first hearing in such a way that the issues now before the Court were not fully explored. Moreover, Mr. Babbs is the Districts official who has chief responsibility for monitoring and oversight from a desegregative perspective over the counseling areas and as the monitor over each of the areas being presented to the Court. 4) The District wishes to exclude a number of Joshuas exhibits on the basis that they are not related to the issue now before the Court. Most of them are e-mails between District officials. Judge Wright previously allowed these to come in as admissions against interest or as evidence which either put matters into context or as rebuttal to contentions made by the District. We otherwise make reference to the response filed by Joshua, Par. 4 on July 8,2002. 5) Plaintiff wishes to exclude all testimony and evidence which was not brought before the school board in a public meeting. Plaintiff seems intent upon imposing an exhaustion of remedies requirement upon Joshua. The plan does not require exhaustion and with good reason. This was an agreement between parties who stood equally before the Court. The agreement defines the relationship between the parties. Good faith is key to the agreement because the actions flow from the District for the purpose of benefitting the class and for complying with the 8* Circuit commands. We otherwise make reference to our submission of July 8, 2002. 6) Plaintiff suggests that it is not informed of the scope of our rebuttal. The present position of the District is that the ODM assisted the District with its evaluations and assessment and that Ms. Marshall, in particular, consulted with Dr. Leslie regarding certain evaluation reports. Mr. Gene Jones was said to have been a participant in the evaluation process utilized by the District. The rebuttal evidence that they will offer will explain the ODM role. It will also address the issue of evaluation verses assessment which will include the ODM perspective that evaluation differ fromPage Three July 11,2002 look-see type assessment. We note here that Judge Wright had difficulty with the implementation of the evaluation/assessment that appeared on Page 148 of the March IS* report. 7) Plaintiff lists several employee witnesses who will discuss subjects and events that were not included, and which were subsequent to, the March 15, 2001 report. See the references to the anticipated testimony of Dr. Bonnie Leslie which include events that are clearly post March 15, 2001
the anticipated testimony of Dr. James regarding any subject because he was not employed by the District as of March 15, 2001
and the anticipated testimony of Ms. Sadie Mitchell and Ms. JoEvelyn Elston regarding post March 15, 2001 events. The groimd rules for this hearing can only relate to inquiries for information from Joshua or from other parties who are seeking to be informed by District officials of activities and events which occurred and were measured by March 15,2001. Joshua information which is post March 15, 2001 must likewise relate to the status report of the plaintiff for that date. On the other hand, Joshua will seek to exclude documents created subsequently by the District which were prepared for the purpose of buttressing its March 15, 2001 report. The Court has imposed measures to facilitate the trial which are in sync with those followed by Judge Wright. We believe that the observations made herein ai'e absolutely consistent with Judge Wrights earlier ruling and we ask the Court to follow the same process that has been in place during the earlier evidentiary presentation regarding the Joshua opposition to the plaintiffs motion for declaration of unitary status. Thank you for taking the time to read this lengthy letter. fihcferely, 1^. Walker J0hn^. JWW
cc: Mr. Chi'is Heller Ms. Ann Brown Marshall All Other Counsel of RecordRightFax 7/11/2002 4:23 PAGE 2/2 RightFax EDWARD L. WRIGHT ROBERT S. UNO&r (ISU'IUD ISAAC A. SCOTT, JR. JOHN G. LILE GORDON s Rather JR TERRY L. MATHEWS DAVID M. POWELL ROGER A. GLASGOW C. DOUGLAS SUPORD. JR. PATRICK J. GOSS ALSTON JENNINGS. JR. JOHR R. TtSOALE KATHLYN GRAVES M SAMUEL IONES "I JOHN WILLIAM SPIVEY lit LEE J. MULDROW N.M. NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMES J. GLOVER COWIN L. LOWTKCR, JR. CHARLES L. SCHLUMBERGER WALTER E MAY GREGORY T. JONES H. KEitH MORRISON SETTINA e. BROWNSTEIN WALTER U^PADDEN KUGgR D. ROWe JOHN 0. DAVIS Juor StUUONS IICNRY WRIGHT. LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 20C VJEST CAPnOL AVENUE SUITE 2200 LITTLE ROCK, ARKANSAS ?2201-3699 (so<)371-oeoe FAX (Sot) 370'0442 WWW.wt).com or COUNSEL ALSTON JENNINGS RONAIO A MAY JAMES R. VAN DOVER Writer'! Direct Diil No. 501-212-1273 mjonesQwti.com KIMBERLY WOOD TUCKER RAY F. COX, JR. TROY A. PRICE PATRICIA SIEVERS HARRIS JAMES U. MOODY. JR KATHRYN A. PRYOR J. MARK OAV'.S CLAIRE SHOWS HANCOCK KEVIN W KEMNfOV jeRRY J. SALUNOS WILLIAM STUART JACKSON MICHAEL 0. SARNES STEPHEN R. LANCASTER JUDY ROBIKSON WiLBER KYLE R WILSON C. TAO MICHELE SIMMONS ALLGOOD KRISTI U MOODY J. CKARLeS DOUSHERTY* M. SEAN HATCH J. ANDREW VINES JUSTIN T ALLEN CHRIeTiHE J. DAUGHERTY. PnO. MICHELLE M KAEMMERLING ERIKA ROSS MONTGOMERY SCOTT ANDREW IRBY HOLLY A AOEE MICHELLE HARGIS OILLARD PATRICK 0 WILSON * Ucsmatf to finetu betor* M UnM 5Ws P9Kn andTrasBour* Office July 11,2002 RECEIVED VIA FACSIMILE JUL 1 1 2002 The Honorable Wm. R. Wilson. Jr. U.S. District Courthouse 600 West Capitol Avenue. Suite 360 Little Rock. Arkansas 72201 OfTlCEOF DESEGREGATION MONITORING Re: Little Rock School District v. Pulaski County Special School District
et al. USDC Docket No.: 4:82CV00866WRW Dear Judge Wilson: A few moments ago I faxed to the Court and the parties a letter concerning Ray Simmon. Mr. Clay Fendley informs me that Mr. Simmon is not listed as a witness on Joshua's revised witness fist". Unfortunately, I do not have a copy yet of the revised witness list
probably will get it In the mail tomorrow. Assuming this is correct, this seems to remove the sole issue from the proceedings that wrould directly concern the PCSSD. Given that, I would request that the Court excuse me both from the hearing tomorrow and the unitary hearings. By the way, I have another case that is hopping in Your Honor's Court that can be keep me plenty busy. Cordially yours, WRIGHT, LINDSEY & JENNINGS LLP MSJ:wmh M. imuel Jones, ID ( cc: Honorable J. Thomas Ray All Counsel of Record 350455-V1mkjt:. nignirax EDWARD L. WRIGHT nD3.1r7J ROBERT S. LINOSEV .'SAAC A SCO7T. JH. JOHN G. LILE GORDON S. RATHER. JR. TERRY L, MATMEWS DAVID U. POWELL ROGER A. GLASGOW C. DOUGLAS BUFORD. JR. PATRICK J. GOSS ALSTON JENNINGS. JR. JOHN fi. TfCnALS KATHUYN GRAVES N. SAMUEL JONES UI JOHN WILLIAM SPIVEY III LES J. MULDROW N.M NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMES J. GLOVER B9WW . LQTMSf. JU Charles l. scHUUMaERGER WALTER 6. MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E. BROWNSTEIN WALTER MCSPADOEN ROGER 0. naVfE ' JOHN D. DAVIS JUDY SIMMONS MEN.RY WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW SOI WEST CAP5TOL AVENUE SUrTE 220C Li'TTLc ROCK. ARKANSAS 7220t-56d5 <SC1|371-0808 FAX (SOI) 376-9442 wwfw.wlj.com OF COL'NSEL ALSTON JENNINGS RONALp A UAY JAMES R. VAN DOVER KIMBERLY WOOD TUCKER RAY F. COX. JR.' TROY A. PRICE PATRICIA SIEVERS HARRIS JAMBS M. MOODY. JR KATHRYN A, PRYOR J. nKKf. OAVtS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY 4. SAktlNOS WILLIAM STUART JACKSON MICHAEL D. SARNES STEPMEN R. LANCASTER jVGV ROBINSON WILBER KYLE R WILSON C TAS BOHANNON MICHELE SIMMONS ALLGOOD KRISTI u MOODr J. CHARLES DOUeHERTY* M. SEAN HATCH J. ANDREW VINES JUSTIN T. ALLEN CKRtSTIME J. DAUGHERTY. PKO. MICHEUE M KA6MMERUNC >O9 MOHTQOMeP.Y VIA: FACSIMILE Wrlttr's Dfct Dial No. 501-212-1273 mjonestgwlj.com SCOTT ANOREW tftSY MOLLY A. AOEE MtCHELLE HARflJS DILLARD PATRICK O WILSON ' tcnMOsjnaceMkveinetMee Safei raflw/t M July 11.2002 The Honorable Wm. R. Wilson, Jr. U.S, District Courthouse 600 West Capitol Avenue, Suite 360 Little Rock, Arkansas 72201 Re: Little Rock School District v. Pulaski County Special School District' et al USDC Docket No.: 4
82CV00866WRW Dear Judge Wilson: I have the Courts Letter-Order of July 11, 2002 and I write in my capacity as counsel for the Pulaski County Special School District I have tried to follow the recent proceedings and I have a general sense that the issues lA/ITnOC^ftr' ____i _i . . > ' Witnesses and exhibits have been pared down considerably. y sole interest in the heanngs next week revolves around Joshua's designation of Ray Simmon, Director of The State Department of Education, as a witness whom they intend to call. If memory serves, he is listed as witness number 29 on Joshua's witness list and will be called to give testimony concerning "the agreement" between the State and LRSD. That agreement respects terms and conditions of the loan forgiveness to Little Rock and also mciudes a bilateral agreement between Little Rock and the State concerning a sunset provision -------------< aw WWI I III 1^ a by which payments such as those for magnet schools and M to M transfers wiii cease. Let me first say I cannot fit this particular testimony and this agreement into the 1 7 uaihiui lit Ulis paiucuiar lesiimony and this agreement into the parameters of what I understand to be the issues that will in fact be addressed next week. Al the same time I do not I ccall an order which specifically addressed Mr. Simmon and this agreement. It is my underetanding that this agreement has never been submitted directly to the Court for approval ar disapproval. However, 'when it first surfaced, I did have occasion to -write Judge 350409-vlnxgii cr ux WRIGHT. LINDSEY & JENNINGS LLP July 11. 2002 Page 2 Wnght advis^ that the PCSSD had not been a party to either the negotiation of or the execution of this agreement and that we opposed it. If this evidentiary item is not going to be addressed during the unitary hearing, 1 would ^peatfuily request to be excused from those hearings. Evenrf it is gohg^o be addre^ed I would ask me indulgence of the Court to simply require the parties to notify me as to approxirnateiy wnen dunng the proceedings this issue might be addressed so that participation could be limited to that wimess and this issue. my 01 position io assess and address this matter today with the presence at the hearing in the morning would not be required, that would be splendid to know. Thank you very much. Cordially yours, WRIGHT, LINDSEY & JENNINGS LLP MSJ:wmh cc
Honorable J. Thomas Ray / All Cou.nsel of Record ( '^amuelyilli Iones, ill 350409^rivr aA Z/XX/Z.UV<^ H : LJ KAUE. Z/Z ftigntrax .k EDWARD L. WRIGHT (ISOS-ieTT) ROBERT 5. UNOSEv ISAAC A. SCOTT, JR. JOHN G. LILE GORDON a RATHPR JR TERRY I. MATHEWS DAVID M. POWELL ROGER A. GLASGOW C. DOUGLAS BUFORD. JR. FATRiCX J. GOSS ALSTON JENNINGS, JR. JQHfi R. TtSOALS KATHLYN GRAVES M NAMUeL JONES "I JOHN WILLIAM SPIVEY lit LEE J. MULDROW N M. NORTON CHARLES C. PRICE CHAftuES T. COteWAN JAMES J. 6LOVER EDWIN L. LOWTKCR. JR. CHARLES L. SCHLUMBERGER WALYFR E MA* GREGORY T. JONES M. KEITH MORRISON BETTINA 5, BROWNSTEIN WALTER McSPAOOEN NOGisR O. ROWS JOHN 0. OAVIS JUCY SIMMONS KCKRY WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 20C VVcST CAPnOL AVENUE SUITE 2200 LITTLE ROCK. ARKANSAS ?220l-3699 (SOI) 37i-080e (SOI) 376.9442 ww.w(|.co(n OF COUNSEL ALSTON JENNINGS RONALD A. MAV JAM6S R. VAN DOVER Writer'! Direct Oral No. 501-212-1273 rnjones@wti.com KIMBERLY WOOD TUCKER RAY F. COX. JR. TROY A. PRICE PATRICIA SIEVERS HARRIS uAMES U. MOODY. jR. KATHRYN A. PRYOR J. MARK OAVIS CLAIRE SHOWS HANCOCK KEVIN W KENNEDY JERRY J. SALLINOS WILLIAM STUART JACKSON MICHAEL O. SARNES STEPHEN R. LANCASTER JUOY ROBiHSON WILBER KYLE R WILSON C. TAO BOHAHNCn MICHELE SIMMONS ALLGOOD KRISTI U. MOODY J. CHARLES OOUSmERTY* M. SEAN HATCH J. ANDREW VINES JUSTIN T. ALLEN CKRlSTiME J. OAUGHfiRTY. PnO.' MICHELLE M. KAEMUERUNG SniKA ROSS MONTGOMERY SCOTT ANDREW IRBY HOLLY A. AQEE MICHELLE HARGIS OILLARD PATRICK 0. WILSON * UOBRSM <D tncHec Mlore M UWetf States Pw ano' Tiaatman I ! I I I VIA FACSIMILE The Honorable Wm. R. Wilson, Jr, U.S. District Courthouse 600 West Capitol Avenue, Suite 360 Little Rock, Arkansas 72201 Re: July 11,2002 Little Rock School District v. Pulaski County Special School District
et al USDC Docket No.
4:82CV00866WRW Dear Judge Wilson
A few moments ago I faxed to the Court and the parties a letter concerning Ray Simmon. Mr. Clay Fendley informs me that Mr. Simmon is not listed as a witness on Joshuas revised witness list. Unfortunately. I do not have a copy yet of the revised witness list
probably will get it in the mail tomorrow. Assuming this is correct, this seems to remove the sole issue from the proceedings that would directly concern the PCSSD. Given thaL I would request that the Court excuse me both from the hearing tomorrow and the unitary hearings. By the way. I have another case that is hopping in Your Honor's Court that can be keep me plenty busy. Cordially yours. WRIGHT, LINDSEY & JENNINGS LLP MSJ:wmh cc
Honorable J. ( M. ^mu^i J^es. Ill ! Thomss Rsy /* All Counsel of Record 350455-V1'jrm > jvmi w WHLKxC-f*? NO.671 P.2/3 I JOHN W. WALKER, P.A. Attobnby At Law 1723 BsoaDWav Lrmz Bock, Aklucas Telephone (5O1) 374475& FAX (501) 374-4187 JOHNW. Walker SHaWN CHILDS July 15, 2002 OP COUNSEL BOBEET McHENBY. P X DQNNA4.McHENRy &210 HrKDiasON Sgad Linu Rook, Arkansas 72210 PSOtffi: (601) 3T2-5425 PaX (331) STZ-SiSa Email: Mr. Christopher Keller FRIDAY, ELDREDGE & CLARK 400 W, Cqiitol, Suite 2200 Little Rock, Arkansas 72201 Dear Chris
In preparing for the heanng, I note that Dr. Bonnie Lesley will testify at approximarely 1:00 p.m. on July 24,2002. lam writing to inform you that I will not object to her testimony with respect to the following statements in your detailed statement of her expected testimony
1) 2) 3) the Districts compliance with Revised Plan Sections 2.6,2.6.1 and 2.6 J2
the section on Advanced Placement Courses on Pg. 36 of the Compliance Report of March, 2001
and we object to any and all of the remaining proposed testimony foi her which includes, but is not limited to
a) b) c) d) e) f) g) h) i) j) the latest results from the K-2 readily assessments
a description of a recent study conducted by a team in her division on the academic effects of participation by African American students io the Districts Pre-K program for students now in grade K-8 verses the scores of African american Students 'who did not participate
new grants to elementary schools for school iinprovenient
the post-March State Bench Examinatinns for grades 4,6 and 8
the Districts new writing curriculum for Pre-K-12
efforts by the District at the secondary level and the results achieved by the District so for, two studies related to the Districts Advanced Courses at the .oaenndary level
the partnership wifri the Southern Regional Education Board
the trend^TBsearch for high schools to admit more and more non traditional students to advanced courses
the review of the NaaCPs call for action in education
w WMursC-f^ NO.671 P.3Z3 1 Page Two July 15,2002 k) D a description of a study that Dr. Lesley conducted on class size at the middle and high school levels and the class sizes of AP courses since March 15 2001
an update of her testimony from November 2001
and the Districts plan for implementing new federal legislation and an end the to Districts post Court supervision activities 'a- As you can see, there is little for Dr. Lesley to testify airout from your proposed statement of her expected testimony. Accordingly, she should be limited to the areas that you propose which precede March 15,2001 insofer as the Districts activities are concerned. If you disagree with friis posmon, t^ch e Court has embraced in its Order, and you intend to revisit it at trial, please inform me by return fax. JWW
Ip cc
All Counsel of Record received JUL 1 9 2002 OFHCEOF DESEGREGATION MONITORING BILL WILSON JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501)604-5140 Facsimile (501)604-5149 filed U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS July 16, 2002 JUL 1 6 2002 JAMES W Mr. John Walker 1 723 South Broadway Little Rock, AR 72206 BY FAX Re: Little Rock School District v. Pulaski County Special School, et al. 4:82CV00866 Dear Mr. Walker: The clerk reports that you filed no exhibits by 4:00 p.m. yesterday the deadline for presenting exhibits that would be offered next Monday morning during Joshuas rebuttal. I assume, therefore, that you will offer no rebuttal exhibits. Cordially, Wm. R. Wilson, Jr. cc: The Honorable J. Thomas Ray Counsel of Record Original to the Clerk 1 6-fo -fAf BILL WILSON JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL. ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501)604-5140 Facsimile (501) 604-5149 3^IS<fcWF U.S, DISTRICTCOURT EASTERN DISTRICT ARKANSAS JUL 1 6 2002 JAMES W By
^CLERK > July 16, 2002 BY FAX RECEIVED Mr. Chris Heller Mr. Clay Fendley Mr. Sam Jones Mr. Richard Roachell Mr. John Walker Mr. Dennis Hanson JUL 1 9 2002 OFFICE OF DESEGREGATION MONITORING RE: Little Rock School District v. Pulaski County Special School, et al. 4:82CV00866 Dear Counsel: Mr. Walker called my staff a while ago to say that he thought rebuttal exhibits had to be filed by 5:00 p.m. today. I treat this call as a motion to extend the deadline to 5:00 p.m. today, and it is granted. Mr. Hellers request in his letter is granted, and the deadline of 4:00 p.m. today referenced in that letter is extended until 10:00 a.m. tomorrow. Cordially, Wm. R. Wilson, Jr. cc: The Honorable J. Thomas Ray Original to the Clerk I 1d:u tAA 3U1 J/0 2147 FRIDAY ELDREDGE & CLARK 0002/002 Friday Eldredge &c. Clark HBHOfili. u. FUDaY WILLIAM H SVTTOM, >.A. BYRON M. BIS&UaN. JR.. PA. JOe 0. BELL. r-A. JaMU BUTTKY, yjL nRBosweae s. ubsery. p.a OSCAR E. OA*i$. JL. P R. JAMES C CLARK. JR.. P-A. THOMAS P. LBCCBTT. P.a. JOHN OevBY WATSON. P.A PAUL B DRWHxM in. P A Larrv w. noux P.A A WVetUFT NISBET. JA. P .A James eovajko uarjuS. p.a J. PMXLLJPMALCO.M. p.a. JAMBS M. SIMPSON. P.A JAMBS M. SAXTON. P.A J. SUBPHBRD BUSSELL OL F.A. DONALD K. OACaN. P.A. WlUTAM THQMAS BAXTER. P.A UCHARO D TAYLOA P.A JOSEPH!. HORST. JR. P.A QLIZAUTH tcOOBEN MCOUaY. P.A CKMBTOMTB* rkllbil f.a LaUBA rem^ley smith. P A. BOBERT X SHAPU. WnXlAM M. OBIPPIN UI. r.A. MICHAEL 3. M00R2. P A BiANE S. MAQUY. F-*- 'fALTisx H. BBfil in. P.A KBVtW A CRABS. F.A. attorneys at law A LIMJTCO LlAeiLlTYPARTNlUSKIP www.Frida^firm.eom 2Qt)0 REGIONS CENTER ACO WEST CAPITOt wruuM WAOOELL. JA. TA SCOTT 7 LAWCXrrBB. F A. ROBERT . SCACM. JK. F.A. I.LESSBOWH.F.A JAMBS C. BAIUUL JB.. P-A HARRY A. LtCtrf. T-A. SCOTT M, TUCEER. P.A OUT ALTON wade. P.A HUCX c. CaRBNEB. P.A TONTa P. jokes. P.A David d. wasow. p JEFTEfY R. MOORS. P.A David m. qrap. p.a Lirrkfi ROCK. ARKANSAS 72201*3^93 telephone 501.3702011 ^AA4Wl-37e-2lA7 M25 MOATH FuTAaU. DRIVE. SUITE 103 FAVETTCVILLE. ARKAMSAS 72703^811 TELERhORE ar>.M5-20n FaX476.MS.2147 CAELa OIAINELS SPAINHOUR. P.A 3OW C. 7INCLSY. JB.. JON AMI* BLtZABVTH COVTQUO. F.i A CMiaSTOPURK bARrsOK. P.A PmUt C inQCMAN. P.A BCTTY J. BBMOAY. P.a LYKOa M. lONKBON. Pj\. James w. smitb. pa. CUPFOXO V. PLUNUTT. DANIEL 1. HBRIUMGTON. P.A. MARVIN L. dULAEBS R. COLBMAN WS*r*OOK. JX. ALUSOM J. CORlfWELL UU4NM. 0EM /jkMV 1. BENDEBH BROCS S. TIDWELL MICBaRLS. KASMEY KELLY MUEWY mCQUBEN jasxnt p. mckay ALSXAhORA A IPfAH JAY T. 7AYLOK martin a. Ka$TEN BAYA14 W. DUKE rasiPSG. HICHOU tOBERT T SMITH RYAN A TtMOTHY C BZnU. T. MlCaSLU ATOB KAUN 3. HaIMULT SABjsSU. COTTOTi MRUP B. wnncoMsKY KRMWi S.RXCCiMS ALAM C. BAT AN UNDSBT M>TOUM aLOaN ROAYTAM M. EDDQUU MKN F. FEUEJUCM OSCOVHSIL B.S.QJ\*R VUAZAML. TgRBY V1U4AN L. rATTON. IB. H.T. LaMBSUBZ, f.A. lOKM C. eCBOLS, P_A. a.d. mcaluster u / / ZM NORTH Firm STRUT BLVTHEVrLUe. ARKANSAS 7331$ TELERHOH& a70.7fta.2SM FAxro.fft2-3etft CHfUSrOFNER HELLCR UTTUg RCK TEk FAX Srt234 July 16, 2002 Via Fax No. 604-5149 Honorable William R. Wilson, Jr. United States District Court 423 U-S. Post Office and Courthouse 600 West Capitol Avenue Little Rock, AR 72201 Re: LRSD V. PCSSD USDC 4:82CV366"AT1W Dear Judge Wilson
I have arranged a time to interview Ann Marshall and Gene Jones. It will not be necessary to schedule any depositions. Yours very truly, Christopher Heller CJH/bk cc via fax: All Counsel of RecordFriday Eldredge & Clark KBXSCBELB- FUPAY (1923-(994) wiluam X. Simon, BYRON M. E1S2HAN. JK. F.A JOEO. BELL. FA. James a. buttry. f.a. FBEPEUCK k. UKEEKY. F.A. OSCAR S. OaVIS. n.. F.A. JAMES C- CLaBK. L. Fa. THOUaS F. LESfiSTT. FA. JOHN DEWEY *ATSON. F.A PAUL 9. BlMllAM (U. >.A. LABRYW. BURKS. F.A A WYOUJfP mSftST.F.A JAMBS BPWaRP KABBJS. F.A I. wnxip MALCOM. T.A Jambs M. SIMPSON. P.A IaMSS M- EAXTOU, .A J. SfBFHBRD RCUEU. OL P.A. DONALD R. Bacon. p.a WTUIAM THOMAS BAXTER. KA KJCHA1U3 P. TAYLOX F.A- JOEEFH E llUkST. JR . F. A EUZaBBTH IOBOEB MUEftAY. 7 A. CnST0>ai( 'HELLEB. rJk. LAUBA HCKSLCA smith, fa. BOBKB.T a. SUAFSA. F.A. vniXAK M. OWrFIN UI. F.A. MICBAEL . ttonu^ P A PUNO S. MACJUJY. F.A. WaLTBB M. EBEL lU. F.A. <4ViN WTLLtAM A. WaDPELU JR.. FJL SCOTT J. LANCA9TXIL r.A. BPSBBT 9. BEACH. JIL. KA i. Ua SBOWM. F4K- JAMP9 C. ttAKKX. JR., P A liAKBY UCW^.K*. SCOTT B. TUCKWL F-a. OUT AVtOV * . A- MtlCB C- 0 ARbNBA. TJt. TOWa ^. ioms. F-A. lUVlS O. W1L90N. FA. JITnSYK MOOU. f.A. OAVID M GRAf. P.A. ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP www.fridayftrm.com 2000 REGIONS CENTER 400 WEST CAPITOL LITTLE ROCK. ARxaNEAS 7220l>34e3 TELEPHONE 501-S76-2011 FAX S0*..378.21Ar 9424 KORTH FUTRALL ORIVS, SUHE 1M PAYCTTEVILLe. ARKANSAS 72709^151 telephone 479.4-:0t t FAX A7O.&S>2147 CAltLAOWieU B7AINM0UB. T.K JOHN t- TBNftlST. J3L. F.A. lONAXN KLOABBrn COMICUO. F A 8L CiBSran{C&t.AWtdN. r.A. flAN C. HICKMAN. .A. 0rTV J. OKtiOAi. "t.A- LYNOA m. jowuqk. fa. JaMRS W. SUtTB, F.A. CLinou) V. nmtKTx. f.a Daniel l. Koajuoiw. MARVOtU CUILPERS C. COLEMAN WSST^MOOK. JR- ALLISOH I. CCMtfVBLL CLUtN M. OVENS JaSON ft. MMOftm ORUCS ft. rmvcu. MTOun. 1. KAWMnr KELLY MURFITV MCQUEEN SOSKFM F. MCKAY aLCXANSIU iruui JAT T. TAYLOTL MARTIN A. tUOrBN SKY AN W. DUIU josfinic fmcwols KOuerrt SMTTB ftVAN A. BOWMAN 'nWQTWY c exell T. MICHELLE ATOR KAMN S. UALUET SAKAO M. nUUf B. MONTGOMUY laOSTEN 3- VOOTKS ALAN 0. BJtYAN UN1M&V kOlCUAM LOAN KHAYYAM K COOmOS JOHN F. PEUBUCti OrCMWCEL b.s.Claix WiUiAM U TERRY WIUIaM U FaTTOK. JR. H.T. IaBFJIFBF fa. JOHN C. EOHUJS. FA. AD. MCALUSTER 2 mOATN fifth STREET BkVrHSVtLLE. aAiCAMSAS 7291 TELEPHOHE a7d*7<2-34M FAX B7.T2..2et e CMai8TOFH MetUfiR urrru aock T6L PM MV2-394 nNr<f.t July 16,2002 Via Fax No. 604-5149 Honorable William R. Wilson, Jr. United States District Court 423 U.S. Post Office and Couithouse 600 West Capitol Avenue Little Rock, AR 72201 Re: LRSD V. PCSSD USDC 4
82CV866WRW Dear Judge Wilson: I told the Court last week that I would prefer to interview rebuttal witnesses Ann Marshal) and Gene Jones than to depose them. I am confident that interviews can be arranged but, in view of the fact that Ms. Marshalls husband ranains hospitalized follovTug surgery, I would prefer to wait to talk to her until such tune as she contacts her office rather than attempt to track her down al the hospital. I have hesitated to contact Ms. Marshall for two reasons. First, I wanted to be sure that Mr. Walker was aware of her situation and still intended to call her as a witness. I spoke with Mr. Walker yesterday and he was unwilling to say that he would not call her. Second, I wanted to see whether Mr. Walker would submit anyrebuttal exhibits bythe Courts deadline yesterday afternoon.lUvvj' wui> Hon. Wzlham R. Wilson July 16,2002 Page 2 I have left word with Ms. Marshalls office to have her contact me at her earliest convenience and I expect to hear from her today. I therefore request an extension of the time within which I may notify the Court of my intent to schedule a deposition rather than an interview until 4:00 p.m, today. Thank you for your consideration. Yours very truly Christopher Heller CJHyQ)k cc via fax: All Counsel of RecordO^/IO/ZOOZ ix: exboasiaa PAGE 02/02 BILL WILSON JUDGE UNITED STATES DISTRICT COURT EASTEBN DISTRICT OF ARKANSAS 800 W. CAPITOL, ROOM 423 LiTTLE ROCK, ARKANSAS 72201-332S (501)804-5140 Facsimile (SOI) 604-5149 July 16, 2002 Mr. John Walker 1723 South Broadway Little Rock, AR 72206 BY FAX Re
Little Rock School Distria v. Pulaski County Special School, et al. 4:82CV00866 Dear Mr. Walker: The clerk reports that you filed no exhibits by 4:00 p.m. yesterday the deadline for presenting exhibits that would be offered next Monday morning during Joshua's rebuttal. I assume, therefore, that you will offer no rebuttal exhibits. Cordially, Wm. R. Wilson, Jr. cc: The Honorable J. Thomas Ray Counsel of Record Original to the Clerk FRIDAY Eldredge & Clark 'MBBACREL H. PBXDat tlP22t*> VaUAM . fiVTTON. P JU SYBOM M BIUMAM. JA. PJU 9OS&BB1X.PJU MMSS BvrTAY. r.A FRSmiCK g. VUtY. OZCAA B. DAVIS. J*.. P.A. JAMBS C CLARK. JIm?. A TNOMaJ F. UCCETT. Fji. lOHNOEVEY VATSON. F.A PAUL B. BEKXaM nt P.A LAMY W. RUBES. P.A. A WYCXUPTHUBET. JI.. 9JL. KAJUnt. A. J. FSILUF MALCOM. P.A JAMBF M. TmP5e>K. P-A- JAMBf K 9AXTON. P.A. J. 5M8PMUD KUISBLL m. P.a. DONALD H. BACON. P.A. VZUJAU THOMAS BAXTER, .'j RTCHARO D. TAYLOA P.A. jo37u>. mnEr. jk. pja tLOANETN IhOMCM MUiAV. *. causTonnt Biun. pju LAUtA MBNSIBY pcnK. lOSXlT L SKAfEI. r JU VtUlAM M. OUmM U. MiCHAfiL C. MOO9A. .A. OlANE 9. MACKEY. P.A. * alter M.BML nr. rrnw oau. p.a. VOUaM VAOOCIX. nu. P.A. scorr X lancastba pju ftOaSBT a. RRAOt A.. P.X J. UCE BBOVN. P.A. James C-N<era ia.p.x Harry A. LIO ST. P.X 9COTT H. Tvexn, P.X GUY AXTON VAOA PJU TTUCS C. G.MtDNCB. P.A. TOMA P. JONBS. 9AV D. "TUOA r JU APPUY K MOORE. FX. DAV7D U. 3RAF. aTTOANCYS at UAW A LIMITEO UlABKITV PARTNSRSMIP ww.
naaynn.com 2000 ACGIOHS eSMTCR 400 WBST CAFITOL utrruc ROCK Arkansas 72201*3493 fAX 501-378-2447 9425 NORTH FUntAU. ORJVE. SUITE 103 FAYeTTeVit.LS. ARKANSAS 72700-4111 rtAfiPH0N6 47B.4B6.24n FAX 47B.44S-2147 CaBAA GUVKIL2 ttAlMMOUA P.A fOtOI C FOfOLEY. fJL wyak V, evst J0SETH0.WC80U AMAin* aiizA*T ooMOLMi unsxT T. mmi A ClUttfTOPHER LAW50W. PJU PlAN C. KKXMaM. g.A. Bem). MMOBY. rju LYMDa M. JOHNSON. PjU JAMES V. SMTrn. PJU CUFPDXD V. PIUNUTT. PJU DAMEL U iflEfUlINCTON. 7ju MaB YIN U CmLOEU K. COLEMAN VtSTBBOOIC. lA ALU6OMJ. COBNVBIX nxswALomm JASON A HBHDBEN MUCBAnpwHL UICBaEL A KaBNEV KEU.Y MDKRtY WCODEEN JOCEPtt P. MCKAY ALSCUtORAX :ritAtt JAY T. TAYLOB NA&TDf sAsnof AYAN MVMAM nMOTW C EZSU. T.MICKSUZArOA KAUN S. KAUUI iAAANM. COTTON NHUr 9. MONTGOMTAY aurnNKUMtNS KLAKa.BXYAN LINKBY MITCUAM 4U>AN KUATTAM K. SOMfCS JOHN r. WUUCK OrCWFCBA *4. CLARK VtLUAMUmRY VaUAM U PATTON. JA AT. LARZBLBRA r./L j<no^C.BCaOi4, r.x xB.HCALUmA TSLSPHOME f0l.97t4e^t 204 mOBTM fifth STHeET BLYTMeYKLe. ANKAHSAB ItM iT9-792-i9M PAX 97A.742-2A14 jQMtt C. FCNOACY. JM. Um,* ROCK tel 59t3TWa39 fn 591-344-SM1 July 17,2002 The Honorable William R. Wilson, Jr. United States District Court 600 W. Capitol, Room 423 Little Rock, AR 72201 VIA FAX: 604-5149 RE: LRSD V. PCSSD, No. 4:82CV00866 Dear Judge Wilson: This letter is in response to the Joshua Intervenors letter to the Court dated July 16,2002. At e July 12,2002 hearing, the Court noted that Joshua failed to identify exhibits which would be introduced through the rebuttal testimony of Ann Marshall or Gene Jones and ordered diat Joshua identify those exhibits by 4:00 p.m. Monday, July 15,2002. In their letter of July 16,2002, Joshua identified seven exhibits for this purpose. However, only one (CX 599) had been previously identified by Joshua as an exhibit. The remaining six are being identified as exhibits for the first time - almost a month after the Courts original June 21 deadline. For this reason, the LRSD asks that these exhibits be excluded. Joshua represented to the Court that Marshall and Jones testimony was to respond to testimony offered by Dr. Lesley concerning their involvement in the program evaluation process. The LRSD has reviewed Dr. Lesleys testimony and can find nothing to support JoshuasThe Honorable William R Wilson, Jr. July 17,2002 Page 2 representation to the Court. So that the LRSD and Court may be properly advised of the testimony to which they are the LRSD asks dial Joshua be directed to identify by page and line number the testimony of Dr. Lesley which readers this rebuttal testimony necessary. In its Motion in Limine, the LRSD objected to Joshuas reading into evidence all of the depositions of Board members because the entire depositions were not related to three issues for the July 22-26 hearing. The Court ordered Joshua to provide page and line designations to facilitate resolution of this issue. In their letter of July 16, Joshua for the first time asserts that the Board member depositions will be read into evidence for the purpose of rebuttal. With one exception (Dr. Katherine Mitchell, page 27, lines 13-23), the testimony designated by Joshua relates exclusively to the issues of achievement and program evaluation. The LRSD asks that Joshua be prohibitsd from using the depositions for rebuttal purposes. If the C ourt allows Joshua to read the depositions into evidence, this time, including the time reading the LRSDs counter-designations (see below), should be counted against Joshuas 30 minutes to present rebuttal evidence. Fed. R. Evid. 106 provides: When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in taimess to be considered contemporaneously wi it. As the LRSD understands Rule 106, it requires Joshua to read into evidence the LRSDs counterdesignations. Accordingly, all of the time required to read into evidence the depositions should be counted against Joshua. Should Joshua be permitted to introduce the Board member depositions as indicated in their letter of July 16, the LRSD hereby identifies the following pages and lines which ought in fairness to be considered contemporaneously therewith: Ms. Suc Stri(land Page 1 i, lines 10-25 Page 12, lines 1-13 Page 13, lines 18-25 Page 14, lines 1-17 Page 16, lines 20-25 1*7,1*9 Page 20, lines 9-16 Page 24, 'lines 19-23 Page 26, lines 1-7The Honorable William R. Wilson, Jr. July 17, 2002 Page 3 Dr, Katherine Mitchell Page 6, lines 22-25 Page 7, lines 1 -3 Page 8, lines 17-25 Page 10, lines 7-25 Page 11, iines i-6 Page 13, lines 7-17 Page 14, lines 10-23 Page 15, Unes 6-9 Page 16, lines 10-23 * Page 18, line 25 Page IS, line 1-5 Page 20, lines 7-11 Page 24, lines 1-3 Page 25, lines 22-25 (related to advanced placement) Page 27, lines 2-12 (related to advanced placement) Tony Rose Page 5, lines 18-25 Page 6, iines 1-4,11-19 Page 7, lines 3-9 Page 8, lines 18-25 Page 12. lines 9-14 Page 13, lines 3-7 Page 19, lines 1-23 Page 20, lines 20-25 Page 21, lines 1-23 Judy Magness Page 19, lines 1-16 Page 21, lines 20-25 * page 26, lines 1-17 Page 27, lines 14-25 Page 28, lines 1-3,19-25 Page 29, line 1 Page 40, lines 19-23 Page 41, lines 11-22The Honorable WilKam R. WSson, Jr. July 17,2002 Page 4 Larry Berkley Page 7, lines 2-20 Pate 12, lines 23-25 Page 13 Page 14, lines 1-15 Page 27, lines 1-13 Page 30, lines 21-25 Page 31 Page 33, line 25 pages 34-35 Page 36, lines 1-15 Thank you fot youT time and attention to this matter. Sincerely, John C. Fendi >, Jr. cc
Original by Mail to Clerk The Honorable J. Thomas Ray via fax All Counsel via fex07/18/2002 11:16 5016045149 PAGE 02 RECEIVED JUL 2 2 2002 OFFICE OF DESEGREGATION MONITORING U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS JUL 1 8 2002 ARKANSAS JAMES W McCORMACK CLERK OFFICE OF THE ATTORNEY GENERAL Mark Pryor Attorney General Attorney General Civil Department Direct dial: (501)682-2586 July 17, 2002 r / The Honorable William R. Wilson 1^/1^' United States District Court 600 West Capitol, Suite 423 Little Rock, AR 72201 ^JUL 11 2002 - 5- Wilson, Jr P, District Judge E.D. of Arkansas School District v. Pulaski County Special School District, et oL Case No. 4:82CV0866WRW/JTR Dear Judge Wilson
On behalf of e Office of e Attorney Education in the above-referenced matter,GjJ^tfunylEqucst'thaT AvinAntiOtnr *U T Ar. .r. ___ ___ ____ counsel for the Arkansas pepartment of Ute aouvc-reierenceo matter,(4xesgecfl^y requestthat we be 5iS^from the final iSTCraiJfySuiSset (0 begin on presentation of evidence by Joshua and the Little Rock School em^ning issues ndoote sin nteont da ppear to require our attendance at the hearing and we do not mtend to examine witnesses or oerwisten pAavratmicmipAat etr.it^xar.^n ^a.1_______:_________iivu4XX^ OiAU WC UU Thank you for your consideration of the foregoing. Very truly yours, DENNIS R. HANSEN Deputy Attorney General DRH/km cc: The Honorable J. Thomas Ray Mr. Christopher Heller Mr. Samuel Jones, III Mr. Richard W. Roachell Mr. John Walker Ms. Ann Marshall Mr. Steve Jones Original to the Clerk of the Court 323 Center Street Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 . FAX (501) 682-8084 Internet Website http://www.ag.state.ar.us/ Q:\Civil\DennisH\de5eg\2002\Correspondence\jijdge)trt)7-17.iloc RECEIVED JUL 1 9 2002 . CmCEOF ^SIGfiEGAflON MONITORING STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL Mark Pryor Attorney General Dennis R. Hansen Deputy Attorney General Civil Department Direct dial: (501) 682-2586 E-mail: dennish@ag.state.ar.us The Hoi ^le William R. Wilson July 17, 2002 Unij^States District Court West Capitol, Suite 423 tittle Rock, AR 72201 RE: Little Rock School District v. Pulaski County Special School District, et al. Case No. 4:82CV0866WRW/JTR Dear Judge Wilson: On behalf of the Office of the Attorney General, counsel for the Arkansas Department of Education in the above-referenced matter, I respectfully request that we be excused from the final evidentiary hearing on the Little Rock School Districts Motion for Unitary Status set to begin on Monday, July 22, 2002. The presentation of evidence by Joshua and the Little Rock School District on the remaining issues does not appear to require our attendance at the hearing and we do not intend to examine witnesses or otherwise participate. Thank you for your consideration of the foregoing. Very truly yours, , DENNIS R. HANSEN Deputy Attorney General DRH/km cc: The Honorable J. Thomas Ray Mr. Christopher Heller Mr. Samuel Jones, III Mr. Richard W. Roachell Mr. John Walker Ms. Ann Marshall Mr. Steve Jones Original to the Clerk of the Court 323 Center Street Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 FAX (501) 682-8084 Internet Website http://www.ag.state.ar.us/ Q:\Civil\DennisH\deseg\2002\Correspondence\judgeltr07-17.doc received JUL 1 8 2002 SNmoiiNow Noiivsauoasaa United States District Court EASTERN DISTRJC OmCEOF ITLE 61^MWSKSS?, iCT T TTTT i: onrv U.i ARKANSAS EION IRT eastern district ARKANSAS JUL 1 1 2002 LASKI COUNTY SRECIAL SCHOOL DISTRICT, ec JAMES W McCORMACK, CLERK 1U . THO>LAS RAY '9, 2002 nu<r Christopher : I 'Ca^Tyn Eant .Isr, et '^P.CLERKj 2002 8 T Ifir caAlgQiH Case NUNIBbR
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82cvoo J . THOMAS RAY JUJ.V 9, 2002 Christopher I IrauirwmTu _ ..Carolyn Fant Heller, et al Sam Jones, et al. rvanoB. owwrr Ka^hv Swa son Court's . Exhibit ,75 ATE:'-' - .- Crr:z:<^ '' obf,'- 'SQOi. * red. '^'DeSCRIPTTONIOFHXHIBTrS- ' ex i ''i I |CX 7 '-fl I 1 tx 1 1 CH I Z'^ ex I CFr-i>/Di (( -'^'?~^73xGo5'3 -j-i aJL^ 1 6-^S'-c2cd8:) ss Ulf / 0 3C-O1 c -ic ct: *63^ 1 Cl ex 137 I X 331 i C ) _______ _________ ________,, Z>PC /--:>? J' ri <^ /\ n . -7 zz. ! /'^ . ' OKUnited States District Court eastern DISTRICT OF ^cry ARKANSAS DIVISION ^TTLE ROCK SCHOOL DISTRICT EXHIBIT LIST rt-ASKI COUNTY SRECIAL SCHOOL DISTRICT, et al. CASE NUMBER: 4:82cvoo8 . THOMAS RAY JUIV 9, 2002 Christopher Heller, et al. i ^rolvn Eant Sam Jones, et al. I I Kathv Swanson Court's . Exhibit ,.-DA.TH:.-' - Qrr<SD' oo. sua * ''red.' V-TD5SCRJFn0K0F3G3SITS-' CX S39 a CiL - 0^0)/! CX ^40 -O! CX I ^41 />ro
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~/S) <? ^D^i i. f 2i^oo-WI CtjL:, -3>l /2^ CX 'iUY ^^->3-0! ryy^cCc'Xsi^ C> J CX ^4^ L'l.Liy i ?e7) <:< ( CX L / O-3-^--o -tT> SaiiZc? iP <zJL dLz^ ll-Oy-C)( , . SPjP I -O'^L/s 3\ C fHJ.United States District Court EASTERN DISTRICT OF T TTTT T pnrv ARKANSAS DIVISION ITTLE ROCK SCHOOL DISTRICT EXHIBIT LIST ULASKI COUNIT SPECL.A.L SCHOOL DISTRICT, et al. Case number: 4 s 2CVOO$ 0. THOMAS RAT ArTMwrT '9, 2002 Christopher Heller, et al - llCa^Tyn Fant Sam Jones, et al. Kathv Court' s Exhibit ex ex r t ..-DA.TH'<.' - .OFFFRE3 ~ 001, PESCRiroON'.bF'Sg-IBTIS ' ' ^'O&O - -h J ( o> (2> I 2*-^ p i I / 7 7- iV- c DI 1 i CI I -TTi Z-O?'.- I ^Cbf - J ex ^5-^ 1 ex 8^ 1^0 I ex oAiO- 1 t :x C')- Tt u-x>-5vrJ A-^^-f^TU^/ H->' oC.'^^dL -=a ? 3^-0 1 412:=UX^L=_^Tl22_A2Zt^^_______________ g-? t U f I f V I I . bO, (jy- /7/C < i ^CCC ('1'-^-is 7--6Wj fi 10United States District Coun EASTERN DISTRICT OF ARK.\NSAS DIVISION lttle rock school district tXHIBI i LIS i ULASKI COUNTY SPECL4L SCHOOL DISTRICT, et al. CA.seNUMBER: 4:82cvoos M.<CC ll ABk* J. THOMAS RAY JuXv" 9, 2002 Christopher Keller, et al. l/Ca^lyn Fant Sam Jones, et 'BkSTMnagwvn Kachv Sva lA son al Court's . Exhibit ..-DA" .-OrEE: OOI. snu-. '' ^-^DHSCRIPTTONIOF SCTSrrS ' ex I ex iex ex I ex I p 1 icx I i ex L ex cc I ex ex '^C^o oi CJ7 ____________a.______________________________1________________ U. PAJL-}^r<:6h ' IBILL WILSON JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501)604-5140 Facsimile (501) 604-5146 July 19, 2002 BY FAX Mr. Dennis Hansen Deputy Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201 RE
Little Rock School District v. Pulaski County Special School, et al. 4:82CV00866WRW/JTR Dear Mr. Hansen: You may be excused from next weeks evidentiary hearing in this case at your discretion. Wm. R. Wilson, Jr. cc
The Honorable J. Thomas Ray All Counsel of Record Original to the Clerk 20/SG 39Wd 6tTSt09T0S 2t>:ST 2002/6T/Z0 RECEIVED John W. Walker, P.A. JUL 3 0 2002 OmCEOF DESEGREGATION MONITORING Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 JOHN W. WALKER SHAWN CHILDS OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 Henderson Ro.w Little Rock, Arkansas 72210 Phone: (501) 372-3425 Fax (501) 372-3428 Email: mchenryd^wbell.net Via Facsimile: 604-5149 July 19, 2002 Honorable William R. Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, AR 72201 Dear Judge Wilson: One of the witnesses that we listed Ms. Ethel Dunbar, Principal of Franklin Elementary School has been subpoenaed for the 8:30, July 22, 2002 hearing as directed by the Court. She has called me to ask excuse from being present at 8:30 due to State Department of Education business at that time. She is scheduled to appear as a witness on Wednesday. I see no problem in having her appear on Wednesday other than your Order. The District, I am sure, will also want her excused if it is also possible. I am therefore writing to request that she be allowed to report on Wednesday morning, July 24, 2002, rather than July 22, 2002. Thank you for whatever consideration you may give regarding this request. /Jo W. Walker mcarelw^ JWW:lp cc: Honorable J. Thomas Ray Mr. Chris Heller Ms. Ethel Dunbar JUL.19.2002 1:06PM JOHN W UtfILKER P A NO.738 P.2 .JOHN W. WALKER SHAWN CBODS John W. Walker, P.A. Aitohney At Law 1723 Broadway LmiB Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (601) 374-4187 Via Facsimile: 604-5149 OP COUNSEL ROBERT McKENRY. PA DCNNa J. McHENRY 8210 Hbowsw Road Lnru Hock, Aixaksas 72210 PEOM
(501) 372-3425 Pax (SOI) 372-3428 EaUIL
mdhBnrydatwbtll.ntt July 19.2002 Honorable William R. Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, AR 72201 Dear Judge Wilson: One of the witnesses that we listed Ms. Ethel Dunbar, Principal of Frankl in Elementary School has been subpoenaed for the 8:30, July 22,2002 hearing as directed by the Court, She has called me to ask excuse from being present at 8:30 due to State Department of Education business at that time. She is scheduled to appear as a witness on Wednesday. I see no problem in having her appear on Wednesday other than your Order. The District, I am sure, will also want her excused if it is also possible. I am therefore writing to request that she be allowed to report on Wednesday morning. July 24,2002, rather than July 22,2002. Thank you for udiatever consideration you may give regarding this request. loJ W. Walker JWW
lp cc: Honorable J, Thomas Ray Mr. Chris Heller Ms. Ethel Dunbar 07/19/2002 13: 54 5016045149 PAGE 02/0: cf JUU.19,2002 jOHT-i w wfaj<S p s NO.732 P.2 ^w.wm,P.A. ASKOiOa kill's 172S BeoADWAV (MW 3743 (6e J!aX (901) 3/4-4187 or sy riSSS: WST eioSBonBral^ tziwt AmtOM iSni) . Fa(S01>S7S4428 Joauwjfw^ VU FKSiB>UT 604-5149 July 19,2002 b L. / Honorable WlHam R. Wflson LIniled Statea District 600 W, Capitol SuilB 149 Little Rock, AR 72201 Ji I .... iv/vvcvit- t/' Cf If Dear Judge Wilsooi Piujcaipneallo ofFt hTrSannkKlmnaE clrjahmueolary
. , nup^, n ijjB'[)vputBaeato{'S^}3esl&osi. J_ Wedaesd^. iaeetFo*l District, I am sore, wfi also Oneofthe^dtnesa^^l^Hsted^-g^^^^ _ School has bean siibpocBaed has caUedmeto ask excuse ^cdSHsee - woiU Ttei you '-hew W. Walker JWW-.^ OC: HoootaWo J. Thomas Ray Mr. Chris Heilw Ms. Ethd Dunbar 10/10 39Vd &frXS>09T0S 8T
eT 2002/6T/Z0 07/30/2002 16:38 5016045149 PAGE 02 eiUL WILSON juase UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL. ROOM 423 LITTLE HOCK. ARKANSAS 72201-3325 (SOI) 604-5140 Facsimile (501) 804-5149 July 30, 2002 BY FAX Mr. Chris Heller Mr. Clay Fendley Mr. Sam Jones Mr. Steve Jones Mr. John Walker Mr. Richard Roacheii Mr. Dennis Hanson RE
Little Rock School District v. Pulaski County Special School, et al. 4
82CV00866 Dear Counsel: We recently received a letter regarding the above-referenced case from Ms. Cathy Cagle, a teacher at J.A. Fair High School. Judge Wilson has not read the letter, and he does not intend to read it unless it is brought to his attention in due course by one of the parties. I am forwarding a copy of the letter to all counsel. Sincerely, Christina Rose Conrad Law Clerk to Judge Wm. R. Wilson, Jr. cc
The Honorable J. Thomas Ray Anne Marshall Original to the Clerk* 07/30/2802 16:38 5016045149 PAGE 03 Cathy Cagle 7 Brookridge Cove Little Rock, AR 72205 501 228-9971 U. S. Federal Court 600 W. Capitol Suite 402 Dear Judge Wilson, I am writing you concerning the Little Rock School District case now in court. I was disturbed by comments of two star witnesses from J. A. Fair High School. I am a chemistry teacher at J. A. Fair High school and am very familiar with both students. From my perspective Chris Payne received no unfair treatment due to his race. He was the president of the Rotary Interact Chib that I sponsored last year at J. A Fair. I personally helped him get accepted into camp RYL A sponsored by Rotary, with a foil scholarship during the 00/01 school year. I iso wrote several letters of recommendation to assist him in gaining scholarships to college. To the best of my knowledge he received around fifty two thousand dollars in scholarship money. That was more than our valedictorian or salutatorian or any other student received to the best of my knowledge. He did receive a one thousand-dollar scholarship from the Rotary Club. Martha Rains, her husband, Tom Rains, Dr. Vic Anderson, former vice-superintendent, Greg Downs, West Little Rock Rotary Club President, and Dr. Jim Westbrook, a West Little Rock Rotary Club member were all involved at some point trying to help Chris Payne in some form or another in his leadership, scholarship and career goals of becoming an electrical engineer. Al! the above mentioned people are Caucasian, including myself. Ctwis appeared at my classroom door before graduation last year to thank me personally fi>r all that we had done to help open doors for him. As to any mention of the Quiz Bowl, it was my understanding when it was first kicked off Chris was not available to practice because of other school activities he was committed to at the time. Other students who were available were selected. I was one of the teachers who volunteered to give up a portion of my lunch to help the Quiz Bowl team practice. Melony Harder, Tom Ross, Mr. Wilder, all white, and Mf. Burton, black also gave up lunchtime. Judith Pickering, the club sponsor, gave up many hours preparing the students for competition. I hope that you will consider the contents of this letter when making your final decision. Sincerely, Cathy Cagle Chemistry TeacherOffice of Desegregation Monitoring United States District Court Eastern District of Arkansas Ann S. Marshall, Federal Monitor One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, Arkansas 72201 (501)376-6200 Fax (501) 371-0100 September 17, 2002 Dr. Ken James, Superintendent Little Rock School District 810 West Markham Street Little Rock, AR 72201 Dear Ken: All of us at ODM join in congratulating you and your colleagues in the Little Rock School District on attaining partial unitary status. The beaming faces in the newspaper said it all, and share in your sense of satisfaction. we Weve been pleased to work closely with the district over the years as weve shared our skills and perspectives, lent our support to work teams and committees, and celebrated the schools accomplishments. Under your leadership, the district has made significant progress that makes the community proud. We look forward to resuming our work with you through the coming months as the district continues to move ahead. Sincerely yours, Ann S. Marshall cc: Board of DirectorsLittle Rock School District '5?
OFFICE OF THE SUPERINTENDENT RECEIVED SEP 2 5 2002 OFFICE OF DESEGREGATION MONITORING September 23, 2002 Mrs. Ann S. Marshall Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Dear Ann: Thank you for your recent letter. We are very pleased with the recent court decision granting the Little Rock School District partial unitary status. We are also working very hard to outline a plan of action to address the one remaining area. We look forward to working with you and your staff in the coming months. In the very near future, we will forward a copy of our proposed plan for your review and subsequent input. Sincerely, I T. Kenneth James, Ed.D. Superintendent of Schools TKJ/bjg cc: Board of Directors Cabinet 810 West Markham Street Little Rock, Arkansas 72201 (501) 447-1002RECEIVED John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 OCT -2 2002 OmCEOF DESEGREGATION MONITORING JOHN W. WALKER SHAWN CHILDS October 1, 2002 OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 Henderson Road Little Rock. Ark.ansas 72210 Phone: (501) 372-3425 F.ax (501) 372-3428 Email: mcheiiryd@swbell.net Honorable Judge William R. Wilson United States District Court 600 West Capitol, Suite 423 Little Rock, AR 72201 Re: Little Rock School v. Pulaski County School Case No. 4:82CV00866 Dear Judge Wilson: On page 172 of your Order of September 13, 2002, you determine a compliance remedy with respect to the Joshua Intervenors, Section D. You also require the ODM to monitor LRSDs compliance with Section 2.7.1. May I bring to your attention that the remedy being imposed is not preceded by any court order determining and defining the parameter of Joshuas monitoring. Those issues were not before the Court. The Court now determines that Joshua must monitor and must immediately bring to the LRSDs attention all problems that are detected as the court has determined those problems to be. In doing so, the Court seems to impose a greater burden upon Joshua than it has imposed upon the Office of Desegregation Monitoring. I, therefore, would like to request that the Court define the nature of the monitoring that it expects of Joshua, i.e. access to information by Little Rock, cost of production of such information, access to staff responsible for fulfilling the obligations (must this be done in writing with communication directed to LRSD counsel), and so forth. I believe that it would be appropriate for the Court to spell out the obligations which it now imposes upon Joshua and the legal basis therefor in view of the fact that the remedy defined was not sought by LRSD or any party. I also note that LRSD is not required to inform Joshua of anything set forth on pages 170 through 172 except to provide a compliance report on or before March 15, 2004. I must also object to Courts imposing monitoring requirements upon Joshua that were contemplated to be the responsibility of the ODM. The Courts comments indicate that it does not forsee or require a continued responsibility for monitoring of the intensity which the Court of Appeals for the S* Circuit required. In this respect, we note that the Court created the ODM and expected the ODM to carefully monitor on a daily basis, full-time, the activities of the Little RockPage 2- Letter to Judge Wilson October 1, 2002 and other school districts. By placing the responsibility that you appear to place on Joshua, unless clarification otherwise provides, the Court is shifting the required monitoring from the ODM to Joshua. We do not believe that to be fair or reasonable. Before your final order is entered, and becomes appealable, I respectfully request a hearing on this matter so that an appropriate record on the issues of the role of ODM monitoring and Joshua monitoring may be fully developed. Sincerely, ?7L !iin W. Walker JWW:js cc: All Counsel of Record Ms. Ann MarshallJohn w. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 JOHN W. WALKER SHAWN CHILDS Via Facsimile: 604-5149 October 9, 2002 OF COUNSEL ROBERT McHENRY. P.A. DONNA J. McHENRY 8210 Hendeeson Road Little Rock, Aekansas 72210 Phone: (501) 372-3425 Fax (501) 372-3428 EilAlL
mchenryd@swbell.net Honorable William R. Wilson United States District Judge 600 W. Capitol Suite 423 Little Rock, Arkansas 72201 received OCI - 9 ^00^ DESEGREGffi&OHnOWHG Re: LRSD V. PCSSD Dear Judge Wilson: I have just received by mail a note that the LRSD filed a response to Joshuas Motion for Reconsideration and for a New Trial and that service reflects the date of October 7, 2002 therefor. The Response is clearly out of time and therefore, I ask that the Court sua sponte so hold. I have also received in the same mail a Response to the Joshua October 1, 2002 letter. .(John W. Walker Sincerely, / JWW:Ip cc: All Counsel of Record Ms. Ann Marshall Brown I J JOHN W. WALKER SHAWN CHILDS Honorable William R. Wilson United States District Judge 600 W. Capitol Suite 149 Little Rock, Arkansas 72201 Re
LRSD V. PCSSD John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 Via Facsimile: 604-5149 October 9, 2002 received OCT - 9 2002 OF COUNSEL ROBERT McHENRY. P.A. DONNA J. McHENRY 8210 Henderson Road Little Rock, Arkansas 72210 Phone: (501) 372-3425 Fax (501) 372-3428 Email
rachenryd^swbeU.net OFFICE OF DESEGREGATION MONITORING Deal- Judge Wilson
This is a supplement to my letter motion of October 1,2002. I appreciate the Court treating it as a motion, although I did not so couch it, and I believe that the appropriate action taken by the Court in inviting the parties to react will be most useful. I believe that it is important for me to specify, however, what Joshua believes it would be appropriate for the Court to do with respect to clarifying the monitoring role of tire Office of Desegregation Monitoring. I am therefore asking that the Court conduct a hearing
(a) to identify tlie instructions received by the Office of Desegregation Monitoring (later referred as the ODM) regaiding monitoring and reporting in reference to the LRSDs Motion for Unitary Status
(b) to consider whether the instructions received by the ODM were consistent with the earlier identification of ODMs role as set forth by the Court of Appeals for the Eighth Circuit
and (c) to identify with greater particularity ODMs monitoring and reporting role regarding the three school districts. If the Court is inclined to have me formalize my October 1,2002 letter and todays letter in motion form, I will be happy to do so. I am also writing to obsei-ve that the Joshua Intervenors filed a Motion for Reconsideration within the time allowed by law and that there has no response filed by either party within the rule time to our motion. Local Rule 7.2(b) requires that any party opposing our motion shall file such motion within eleven days. By my count, any opposing party should have filed its opposition not later than October 4,2002. Today is obviously October 9,2002. I am not aware that the Court has a received a Motion to Extend the Time and I have not had a request from any counsel regarding an extension of such time.Page Two October 9,2002 Accordingly, we request that the Court rule on tire motion. /John W. Walker JWWdp cc: All Counsel of Record Ms. Ann Marshall Brown HERSCHEL H. FRIDAY (1922.IW4) WILUAM H. SUTTON. P.A. ^RON M. EISEMAN. JR. P.A. BELL, P.A. A BUTTRY. P.A. J'' ) ^^ICICKR .S... .U...R...S..E...R...Y.... .P...A. O^^^DAVIS. JR. P.A. XARK. JR.. P.A. . LEGGETT. P.A. JOHN DEWEY WATSON. P.A. PAUL B. BENHAM UI. P.A. LARRY W. BURKS. P.A. A. WYCKLIFF NISBET, JR., P.A. JAMES EDWARD HARJUS. P.A. J. PHILLIP MALCOM. P.A. JAMES M. SIMPSON. P.A. JAMES M. SAXTON. P.A. J. SHEPHERD RUSSELL lU. P.A. DONALD H. BACON. P.A. WILLIAM THOMAS BAXTER. P.A. RICHARD D. TAYLOR. P.A. JOSEPH B. HURST. JR. P.A. ELIZABETH ROBBEN MURRAY. P.A. CHRISTOPHER HELLER P.A. LAURA HENSLEY SMITH. P.A. ROBERT S. SHAPER P.A. WILLIAM M. GRIFFIN Ill. P.A. MICHAEL S. MOORE. P.A. DIANE S. MACKEY, P.A. WALTER M. EBEL lU. P.A. KEVIN A. CRASS. P.A. WILLIAM A. WADDELL. JR.. P.A. SCOTT J. LANCASTER, P.A. ROBERT B. BEACH. JR.. P.A. J. LEE BROWN. P.A. JAMES C. BAKER JR. P.A. HARRY LIGHT. P.A. SCOTT H. TUCKER. P.A. GUY ALTON WADE, P.A. PRICE C. GARDNER. P.A. TONIA P. JONES. P.A. DAVID D. WILSON. P.A. JEFFREY H. MOORE. P.A. DAVID M. GRAF. P.A. RECEIVED OCT 1 1 2002 OmCEOF DESEGREGATION MONITORING ( By Hand Delivery) Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm 11800 Pleasant Ridge Road, #146 P.O. Box 17388 Little Rock, Arkansas 72222 RE: Friday Eldredge & Clark ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP CARLA GUNNELS SPAINHOUR P.A. JOHN C, FENDLEY. JR.. P.A. BRYAN W. DUKE JOSEPH G. NICHOLS JONANN ELIZABETH CONIGLIO. P.A. ROBERT T. SMITH www.fndayfirm.com 2000 REGIONS CENTER 400 VUEST CAPITOL LITTLE ROCK. ARKANSAS 72201-3493 TELEPHONE 501-376-2011 FAX 501-376-2147 3425 NORTH FUTRALL DRIVE. SUITE 103 FAYETTEVILLE. ARKANSAS 72703-4811 TELEPHONE 470-605-2011 FAX 470-605-2147 R. CHRISTOPHER LAWSON. P.A FRAN C. HICKMAN. P.A BETTY J. DEMORY. P.A. LYNDA M. JOHNSON, P.A. JAMES W. SMITH. P.A. CLIFFORD W. PLUNKETT. P.A. DANIEL L. HERRINGTON. P.A. MARVIN L. CHILDERS K. COLEMAN WESTBROOK. JR. ALLISON J. CORNWELL ELLEN M. OWENS JASON B. HENDREN BRUCE B. TIDWELL MICHAEL E. KARNEY KELLY MURPHY MCQUEEN JOSEPH P. MCKAY ALEXANDRA A. IFRAH JAY T. TAYLOR MARTIN KASTEN RYAN BOWMAN TIMOTHY C. EZELL T. MICHELLE ATOR KAREN S. HALBERT SARAH M. COTTON PHILIP B. MONTGOMERY KRISTEN S. RIGGINS ALAN C. BRYAN LINDSEY MITCHAM SLOAN KHAYYAM M. EDDINGS JOHN F. PEISERJCH AMANDA CAPPS ROSE BRANDON I. HARRISON 208 NORTH FIFTH STREET BLYTHEVILLE. ARKANSAS 72315 TELEPHONE 870-762-2608 FAX 870-782-2018 October 11,2002 Mr. Sam Jones Mr. Steve Jones OF COUNIEL B.S. CLARK WILLIAM L. TERRY WILUAM L. PATTON. JR H.T. LARZELERE. P.A. JOHN C. ECHOLS. P.A. A.D. MCALLISTER JOHN C. FENDLEY, JR. LITTLE ROCK TEL 501-370-3323 PAX 501-244-5341 tandlcyQfec.nat Wright, Lindsey & Jennings 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, Arkansas 72201 Jack, Lyon & Jones, P.A. 425 W. Capitol, Suite 3400 Little Rock, Arkansas 72201 ( By Hand Delivery) Ms. Ann Marshall Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, Arkansas 72201 Compliance Remedy Mr. Dennis Hanson Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, Arkansas 72201 Dear Counsel and Ms. Marshall: At a special meeting last night, the LRSD Board voted to approve the Proposed Comphance Plan provided to you by letter dated October 4,2002, with the exception of proposed regulation IL-R2. It was decided by the administration that IL-R2 was unnecessary and it was withdrawn. The admimstrations reasoning will be discussed below as a part of the Districts response to questions submitted by Ms. Marshall. Ms. Marshalls memorandum to Dr. James dated October 10, 2002, set forth 12 observations/questions related to the Proposed Compliance Plan. The Districts response to each observation/question is set forth below: i ( F:\HOMEkFENDLEY\LRSD 2001\uni(ary-all-counseM0-l l-02.wpd I All Counsel and Ms. Marshall October 11, 2002 Page 2 1. 2. 3. 4. 5. Of the eight program evaluations the district proposes to have re-written by outside experts (page 12), will new data for continuing programs be added to those evaluations, or will the re-wntes be limited to the data that were used at the time the eight evaluations had been written? RESPONSE: The re-wntes will be limited to the data that were used at the time the eight evaluations were written. Page 7 of the Proposed Compliance Plan identifies Primary Reading/Language Arts as a program to be evaluated as part of the evaluation agenda, while the IcTraElementary Literacy is used on page 15. The first term connotes PK-3, while the second cormotes K-5. Do the different titles actually identify different programs? Which grades are to be included in the evaluation? RESPONSE: There is one program to be evaluated for PK-5, and the title of that evaluation will be Elementary Literacy, rather than Primary Reading/Language Arts. 99 Another evaluation agenda item is K-12 Mathematics and Science. The list of assessments on page 5 includes nothing for math and science in grades K-3. What data will be used in evaluating the primary grades, considering the lack of assessments in math and science at that level. RESPONSE: The data to be used for the K-12 Mathematics and Science evaluation will be the same as that previously used for the NSF Mathematics and Science evaluations with the exception of the ALTs which will no longer be administered. In the evaluation of primary literacy, what measures will the district institute to off-set potential bias or conflict-of-interest inherent in the process of teachers administering assessments to their own students? RESPONSE: The District attempts to off-set potential bias resulting from teachers admimstering student assessments through its training of teachers in administering the assessments and monitoring the results of assessments. hl the evaluation of primary literacy, IL-Rl, requires a clear description of each program that is to be evaluated. To what extent will those descriptions include not only the subject content that students are expected to learn, but also teaching methods, materials, time allotment, and so on? F:\HOME\FENDLEY\LRSD 200I\unitvy-ali-couQsel-]0-] l*02.wpd II All Counsel and Ms. Marshall October 11,2002 Page 3 RESPONSE: The program description will be prepared by the evaluation committee pursuant to IL-Rl. Teaching methods, materials and time allotment may be included in the program description to the extent the evaluation committee deems it relevant. It is important to note the evaluation will be of the overall program and not individual program components. 6. 7. 8. 9. The proposed regulation requires that all relevant student performance data will be used in the evaluations. Will other data, such as interviews with teachers and students, case studies, and classroom observations, supplement the performance data for the evaluation? RESPONSE: The data necessary to answer the research questions will be determined by the evaluation committee. The degree and quality of program implementation have received little attention in previous evaluations. What procedures will the LRSD develop to measure program implementation (such as its quality, uniformity, and completeness throughout the district) in order to assure that the student performance data reported in the evaluations are actually the result of the programs described. RESPONSE: The evaluation committee will determine the necessity of such data and the manner in which it will be gathered. The compliance plan section headed, Continue to administer student assessment through the first semester of 2003-04" (page 4) details how the LRSD has recently altered its assessment plan. The 2002-03 assessment plan, board-approved on September 26, 2002, provides only for spring testing, as it eliminates all fall testing that is reported to and maintained by the LRSD and, of course, incorporates ADEs move of SAT-9 testing to the spring. Page 5 of this section reads that the final student assessment before March 15,2004 will be administered in the spring of2003. We note that the spring 2003 tests will not only be the final assessment, but also the only assessment reported to or maintained by the LRSD between now and March 15, 2004. Will the data from this one testing cycle be complemented by that of previous years. RESPONSE
Yes, for the three new, comprehensive evaluations. As stated above, no new data will be gathered for the evaluations to be completed pursuant to Paragraph C of the Compliance Remedy. We note that the new assessment plan includes administration of student assessments only in English language arts and mathematics. Also, the 3"* grade has no assessments. F:\HOMEkFENDLEY\LRSD 2001\unitary-all-counsel-10-11-02. wpd 1 i< All Counsel and Ms. Marshall October 11,2002 Page 4 RESPONSE: The assessment plan outlined was only that for English language arts and mathematics. Even so, it is noted that the SAT9 will be administered and the total battery of that test includes a science and social studies component. It is correct that there will be no assessment of 3"* graders this year or next. The State will be developing and administering a test after that to comply with the No Child Left Behind Act. 10. 11. 12. Given the assignments in the Action Plan Timeline, what is the role of the districts Plannings Research and Evaluation department under the new compliance plan? Under the envisioned Program Evaluation Agenda? RESPONSE: PRE staff may serve on the evaluation committees. Proposed regulation, IL-R2, Informal Program Evaluation, requires that a written record be prepared and maintained to support any decision to modify an academic program. The purpose of this regulation is unclear. Are the program evaluation standards relevant to information evaluations? Does the regulation mean that LRSD will informally evaluate all programs? Or, will suspect programs be targeted for informal evaluation? Or, is the regulation intended to protect programs from unfair criticism? RESPONSE: The administration withdrew IL-R2 before approval of the Proposed Compliance Plan by the Board. The administration decided that the regulation would be redimdant of information to be included in the new, comprehensive evaluations required by Paragraph A of the Compliance Remedy. Rather than a separate written record, the program description in the new, comprehensive evaluations will include a description of program modifications made during each year of implementation satisfying the requirements of Paragraph B of the CompUance Remedy. How is the LRSD planning to alter its budget to purchase the services of outside evaluation experts? Which budget items will be reduced to accommodate the purchase of evaluation services? RESPONSE: This decision has not yet been made. The District will make this decision when it has a better idea of the total cost of these services. The Board has instructed the administration and counsel to work with the parties in an effort to achieve a consensus that the LRSDs Compliance Plan meets the requirements of the District Courts Compliance Remedy. The Board contemplates some give and take before a final consensus may be reached. So at this may be done in a timely manner, the LRSD asks all parties to F:\HOME\FENDLEy\LRSD 2001\unary-aU-counsel-10l l-02.wpd1 All Counsel and Ms. Marshall October 11,2002 Page 5 specifically identify in writing any perceived deficiency in the Board-approved Compliance Plan on or before Monday, October 21,2002. Please let us know if this deadline presents areal problem for you or your client. We will be happy to answer any questions the parties may have before that date. We ask that the questions be submitted in writing, and the LRSD will respond in writing so that all parties will have the benefit of the question and response. Thank you in advance for your cooperation. Sincerely, cc: Dr. Ken James John endley, Jr. F:\HOMEVFENDLEY\I-RSD 2001\uniBry-aII<ouDsel*10-l l-02.wpdFriday Eldredge & Clark HSRSCHSL K, FRIDAY 0*42-1794) william H SUTTON. F A. BYRON M EiSMAN. JR, Fa JOB D. SELL. F a JAMBS A. BVTTRY. F A. FREDERICK 9. URSERr. p a. OSCARS DAVIS JR. P a JAMES C CLARK. JR . F.A Thomas f. teoGeTT. p a. JOHN 0BW6Y WaTSOn. F.a. FaUl . 86NHAM (((. P.A. larry W. BURKS. F.A. A. WYCKLIFF NISBET. JR.. F.A. JAMES bdward Harris, f.a J FHJLLIF MALCOM. F.A. James m. simfson. f a. JAMBS M. Saxton, f.a. i. SHBPHERO RUSSELL HI. F A OOnaLO K. bacon, p a. WILLIAM THOMAS BAXTER. F.A RICHARD 0 Taylor. F A JOSEPH B. HURST. JR. F a. ELIZaBSTK RO88BN MURRAY. F.A. christotmer heller. F.A. LAVRA MCNSLEY SMITH. F A ROfiERT s. Shaper, f.a. WILLIAM M. CRlFPlN IK. F A. MICHAELS. MOORE. F A DIANE S, MkCKty. F.A Walter M ebel hi. f a KEVIN A CRAW. F A WILLIAM A WaOOELL. JR . f.A. SCOTT J. LANCaSTSR, f,K, ROBERT B. beach. JR.. F A J- LEE BROWN. F.A. JaMBT C. BAKER, JR.. F.a. HARRY A LIGHT. F,A. SCOTT M. TUCKER. F a. GUY ALTON WaDC. F.a. FRIC6 C OaRONCR. F.A. TONIA F. JONES, F.A. OAVID 0, WILSON. F.A. JEFFREY H. MOORE. F A OAVlO M. fSRAF. F A. ATTORNEYS at LAW A LIMITED liability PARTNERSHIP www.fridaynrni.coin 2000 REGIONS CENTER 400 WEST CAPITOL LITTLI ROCK. ARKANSAS 72201-3493 telephone 501-378-2011 PAX 401-378-2147 3429 NORTH FUTRaU ORIV6. SUlTfi 103 FAY6TT6VIH.S. ARKANSAS 72703.4911 TELEPHONE *79.fiBS.20l1 FAX *78.8e5.2u7 CARLa OUNNBLS SPAINMOUR. F.A JOmHC FENOlBY, JR . F.A. JONANN BLiaABETHCONIOLIO. F.A. R. CKRISTOFHBR LawSOh. F A. FRAN C HICKMAN, F.A. BETTY J. OBMORY. F.A. LYNOA W. JOHNSON. F.A. JAMES W. SMITH. F.A. Clifford w flunkstt. f.a, Daniel l. herrinqton. f.a. Marvin l. chjloers K. COLBMAN WESTBROOK. JR ALLISON J. CORNWELL ELLEN M OWENS iaSOn b kkndrcn SRVCS B. TIDWELL MICNaBL b. karney KELLY MURFKY MCOUEEN JOSBFH J. MCKAY ALEXANDRA A. IFRAH JAY T. Taylor MARTIN A Kasten Bryan w ouke JOSBFKO, N1CHOU BOeeUT T. SMITH BYaN a bowman TIMOTHY C S2BU T. MICHEU8 ATOA KaRtn 5. MaLOEKT SARaN M. cotton PHILIF a MONTGOMBSY KRISTEH $. RJGGINS ALAN O. anyAN IfNOSZY MITCHAM SLOAN KHAYYAM M. BOOtNCfi JOHN f PEISESUCR aMaNOa caffs KOBE 8BANOON I HA.HH1SOU 209 NORTH FIFTH STREET BLYTHEVILLC. ARKANSAS 72319 telephone 870.792.ZBse FAX 9?0.r2.28lt or COUNJEV B.S. CLARK WILLIAM L. TERRY WILLIAM U FATTON. JR H.T. LARZSL8RB. F A. JOHN C ECHOV9. F A A 0 MCALLISTBR October 14, 2002 JOHN C. FENOL0T. JR. LITTLE ROCK TEL J1-3T9.33J5 FAX a0l>24fiS4i iFABlay^raa.nct J Honorable William R. Wilson, Jr. United States District Court 423 U.S. Post Office & Courthouse 600 West Capitol Avenue Little Rock, Arkansas 72201-3325 / RE: Little Rock School District vs. Pulaski County Special School District et al. United States District Court, Eastern District, No. 4:82CV00866 WRW/JTR Dear Judge Wilson: We note that Ms. Marshall provided you a copy of her October 10,2002, memorandum to Dr. James setting forth observations/questions related to the Little Rock School Districts Compliance Plan for complying with the Compliance Remedy set forth in the Courts Memorandum Opinion of September 13,2002. We submitted a response to Ms. Marshall on October 11,2002, but were uncertain whether we should provide a copy of that to the Court. While we would be happy to provide copies to the Court, it would be presumptuous on our part to presume that the Court wants to review all correspondence between counsel in this case. We respectfully request the Court advise the parties what it would like them to do in this regard. Thank you for your time and attention to this matter. Sincerely, John C. Fendley, Jr. vHonorable William R. Wilson, Jr. October 14, 2002 Page 2 cc: Mr. John W. Walker Mr. Sam Jones Mr. Steve Jones Mr. Richard Roachell Ms. Ann Marshall Ms. Sanunye Taylor Mr. Ken James F:TOMBB8n.n\rBBdlqUlS0MtMg'ijuJS wibwi h wpdO' latoHn JUHIN w WALKER P A W.*'9e3 Fl //n. ''P.2 JOHN W. WaLKEK SHAWN CHILDS John w. Walker, p.a. Attorney At Law 1725 Broadway Little Bock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 October 23, 2002 or COUNSEL ROBEETMcHENKVP^ DONNA J, McHENEY 8210 Heotekson Eqad LITOZ EOCE, ARKANSAS 72210 Phone: (501) 372-3425 Fax (501) 372-^8 tNuiL: nicheni7dwi)alln.et Mr. Christopher Heller FRIDAY, ELDREDGE & CLARK 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 Re
LRSD V. PCSSD Dear Chris
/ This letter sets forth additional Compliance Plan. We comments of the Joshua Intervenors concerning the LRSD offered the data' OTdent assignment results, attention should be given to the quality of "** on the RA and the Observation Survey in ways not their own students, the past use made of the data scores for was in conflict with the districts recognition in the newly enacted Regulation IL-Rl that Conflict of XoSeT 1. We are concerned about the fcr fhr J
ned about the manner in which the regulation describes the team process for prepari^ evaluations, again in the context of conflict of interest - ' to write aTc
o7a^ miX Ptogian, Evaluation Loedums In order to insure that guarantee that the external expert will have these roles, manner which we describe, there would be no .c LT with a differing interpretation of the evaluation resits do not Of course, if reports were prepared in the bar to LRSD staff preparing comments to the Board nI,nynA?' ^0 conceiDed about the global, general manner in which the content of nas adopted a policy and two regulations dealing with remediation for ______ IS be ow par. Studying the actual implementation of these dealing wth remediation for students whose performanc :e -- otuuymg me actufi). impiemenTation of these standards (in all or a renresentative sample of schools) is of vital mponanee to the Intervenor class because class members^ so much Tnorei
t'P'ivTHe.T,/'TK...-e, J , cittss mcmoers are SO much Perfonnmce on the Benctaerlt end Stanford Acme ement Tests. A satisfactory descnpuon by the School Board of the evaluations which it : exhibit 10/24/2002 THU 09:03 [TX/R2 NO 8580] i2|002.:4.2002 8:07fiM JOHN W WALKER P fi NO.963 P.3 Page Two October 23, 2002 require sxaff to undertake should make clear that the actual implementation of remediation factor (see .Ajccuiacy Standards, para. 2). (h . * Of Affic:., American smdenxs for J uSiui. rue or to dL i^ SlSe necessary to satisfy the coun. We would like to receive tihned Befoinairtde sf uastusurer,a nncoet school board. Wewouldappreciale your providing thisletter to the Superintendent and the members ofthe . Walker SincereN, JWW:Ip cc: All Conngp.) Ms. Ann Marshall Judge Thomas Ray 10/24/2002 THU 09:03 [TX/RX NO 8580] [2)003 IIV. r John w. Walker, P.A. Attoeney Aff Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 JOHN w. waleee SHAWN CHILDS OP COUNSEL KOBEST McHENRY. PA DONNA J. McHENRY 82X0 Henderson Road LmLESOCE, AJUUNSaE 72210 Phone. (601) 372-3425 Ru(501) 372-3428 HmaCc mchaD^yd9b4Q.se[ Via Facsimile - 376-2147 October 24, 2002 Mr. Chris Heller Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Little Rock, AR 72201 RECEIVED OCT 2 5 2002 Re: Little Rock School District v. PCSSD, et at Case No. 4:82CV00866 OWCEOF desegregation monitoring Dear Chris: We are in receipt of your letter dated October 25, 2002 regarding LRSDs compliance remedy. Instead of these exchanges of paper, it would be advantageous to all concerned for us to have some meetings in order to respond to these issues so that we can better understand each others position. Not everything is black letter and there should be room for discussion in mutual agreement. Sincerely, ^ohnW. Walker JWW
js cc
Ms. Ann Marshall AU Counsel of Recordft JOHN W. WALKER SHAWN CHILDS John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 October 23, 2002 Mr. Christopher Heller FRIDAY, ELDREDGE & CLARK 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 RECEIVED OF COUNSEL ROBERT McHENRY. P.A DONNA J. McHENRY 8210 Henderson Road Little Rock, Arkansas 72210 Phone
(501) 372-3425 Fax (501) 372-3428 Email: mchenryd^wbell.net Re: LRSD V. PCSSD OCT 2 9 2002 OFHCEOF DESEGREGATION MONITORING Dear Chris: This letter sets forth additional comments of the Joshua Intervenors concerning the LRSD Compliance Plan. We are offering these comments, although we are unable to discern that the comments we offered earlier were given consideration. 1. In using historical student assignment results, attention should be given to the quality of the data. In the past, LRSD has used results on the RA and the Observation Survey in ways not consistent with the purposes of those instruments. In addition, because teachers provided scores for their own students, the past use made of the data was in conflict with the districts recognition in the newly enacted Regulation IL-Rl that Conflict of Interest must be avoided. 2. We are concerned about the manner in which the regulation describes the team process for preparing evaluations, again in the context of conflict of interest. In order to insure that conflict of interest is avoided, the external consultant needs to write the report and control the context of the analysis. Paragraphs 3, 5 and 6 of the Program Evaluation Procedures do not guarantee that the external expert will have these roles. Of course, if reports were prepared in the manner which we describe, there would be no bar to LRSD staff preparing comments to the Board with a differing interpretation of the evaluation results. 3. We continue to be concerned about the global, general manner in which the content of planned evaluations is described (page 7 of the document, first paragraph). For example, the Board has adopted a policy and two regulations dealing with remediation for students whose performance is below par. Studying the actual implementation of these standards (in all or a representative sample of schools) is of vital importance to the Intervenor class because class members are so much more likely than other students to exhibit unsatisfactory performance on the Benchmark and Stanford Achievement Tests. A satisfactory description by the School Board of the evaluations which it IPage Two October 23,2002 requires the staff to imdertake should make clear that the actual implementation of remediation activities in district schools is to receive careful consideration. This is surely an important contextual factor (see Accuracy Standards, para. 2). 4. We understand from the Plan that the LRSD plans evaluations of programs deemed to be particularly directed to achievement of African American students for the indefinite future, not .simply for the period necessary to satisfy the court. We would like to receive the Boards assurance that this is the case. We would appreciate your providing this letter to the Superintendent and the members of the school board. Sincere^, RifW. Walker JWW
lp / cc: All Counsel Ms. Ann Marshall Judge Thomas RayOCT. 31.2802 3:19PN JOHN U WflLXER P A r).07E p.2 JOHNW. walker SH^ffN CHUDS Dr. T. Kenneth James Superintendait of Sc^s T.inla Rock School Kstnct 810 West Markham little Rock
AR 72201 Dear Dr. James: JOHN W. Walker, PA- AttorneyAtLa^ 1723 Broadway Ltitle Kook, abka.*^ 7^06 Tp,i.rphonE (50U 374-3758 FAX (501) 374-4187 OF COUNSEL robeet mStoney. WNKi.MeHENRY 6210 HSSDEBSOH H* Tbokk C50M n^ienryasswlxillaw October 31,2002 dated October 29,2002. If I I am renewing my request for the has not utili^ any understand your response correctly, it is literacy prejects and that there s" are so your poatioo, it seems edstence wherdjy the District has contTmy to youT reports to the Court. If you arc not aware who has fins information. of such dtx^cms,please forwardwr^P^^tothe proper perw^ imcerely, Joy C. Springer JCS/ cc
Ms. Ann MarshallLittle Rock School District OFFICE OF THE SUPERINTENDENT November 1,2002 Ms. Joy Springer Walker Law Firm 1723 Broadway Little Rock, AR 72206 Dear Ms. Springer: In response to your most recent request, you did not understand our response. It is not our position that we have not utilized consultants. However, our response remains the same. We do not have a document or documents to provide in response to your FOIA request, and we are not required to compile informabon or create a record in response to a FOIA request. Sincerely, T. Kenneth James, Ed.D. Superintendent of Schools TKJ/bjg cc: Chris Heller Clay Fendley Ann Marshall $10 West Markham Street little Rock, Arkansas 72201 * (SOI) 447-1002 John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock
Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 JOHN W. WALKER SHAWN CHILDS November 1, 2002 OF COUNSEL ROBERT McHENRY. P.A. DONNA J. McHENRY 8210 Henderson Ro.ad Little Rock, Arkansas 72210 Phone: (501) 372-3425 F.ax (501) 372-3428 Email
mchenryd^wbell.net The Honorable Judge William R. Wilson United States District Judge 600 West Capitol, Suite 423 Little Rock, AR 72201 Re: LRSD v. PCSSD, et al. Case No. 4:82CV00866WRW Dear Judse Wilson: We are in receipt of your response dated November 1, 2002. You make reference to Mr. Pendleys October 14 query. Joshua has not been privileged to receive such. incerely, ohn W. Wallcer JWW:js cc: Ms. Ann Marshall All Counsel of R.ecord Judge Thomas Ray Cud/JOHN w. Walker SHAWNCHMS John w, Wilker, ea. ATtORNEVATLAW 1723 BrojOway Arkansas 72206 ^^3758 FAX (SOX) S74-4187 Via Facsimile November 1, 2002 aOBERTM^^^
awiu mcheiuydgjwbelLaat Ms. Ann Brown Marshnli ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, Arkansas 72201 Re
LRSD V. PCSSD Dear Mrs. Marshall: LRSD, concerning S LRSDS)XS^S^S^ for the -ponseYso ur h.avie XreceiXved fr.om the 20C2,, - Mnmmcatiens dated October 10 and OteV2M2'31^ K,4,-------- -:..rcga,dingd,efoUogS
c'i.',u*^'SX^^ containing the LRSDs 8.2.4 be carried out October 10 - numbers 1,2,3 (regardin' American achievement). g Oclobet24,2002-numbers 1,2, 3. programs significant with regard to African- ODM may have aMlioM poinis of coneem Thank you for your attention to this matter. W, Wailllkteerr JWW
lp Cc: Chris HcUer/CIay Fendley Other Counsel NOV. 4.2002 3:57Pri jOHT-i w walker p n NO.136 p.2 o: JOHN W. WAUiER shawm CHILDS John W. Walker, RA. Attorney at Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (601) 374-3758 FAX (501) 374-4187 OF COUNSEL ROBERT McHENRY. PA DONNA J. McHENRY 8210 HenuESSOX Road LmLE Rock, A*KAN5.xs 72210 Pbone: (501) 372-3425 Fax (501) 372^3428 email mchciiry(iSewbeU.net Via Facsimile - 447-1159 November 4,2002 I I I Dr. T. Kenneth James Superintendent of Schools Little Rock School District 810 West Markham Little Rock, AR 72201 I I I Dear Dr. James
Please let me know the names, addresses and telephone of all persons (from January 1, 1998 through October 31,2002) that the District has consulted with respect to literacy C^^Zd^d^vdopmcnt). Alsopleaseletmehavex>piesoftheircometsaBdthepay ipvo'cy= that they have submitted along ^th evidence of payment to them. Sincerely, JCS/ cc: Mr. John W. Walker Ms. Atm Marshall Mr. Clay Fendley Mr. Chris Heller I John W. Walker, P,a. AttornetAtLaw 1723 Broadwa? Dttle Rock, Arkansas 72206 Tslephoni (501) dTA-STSS FAX (501) 374-4187 ^^^'S.^ALKSR Via Facsimile - 604-5149 November 4,2002 OFCOUNSEL ROBERT MeHtaaiY. Pj^ DONNAJ.lMffiNHY 6210 Hjmbsbsom BOaD Uthji Root, AjuuiiaAB 7^10 PHOW
(501) 37S.3t25 Fas (SOI) 372.3428 EumX: mcheBiydgsvb^.net J'XE? WjHiana Z Wilson United Sutcs District Court <500 West Capitol, Suite 423 Little Rock, AR 72201 Ke: Litde Rock School District v. PCSSD, et aL Case No. 4:CV82-866 Dear Judge WQson
On October 31,2002, we filed a motion to enlarge the time in which to respond to a notion filed by the Pulaski County Special School Distridt. On October 31,2002. Mr. Sam Jones wrote the Court regarding foe matter. On November 1,2002, foe Court wrote all counsel a note which stated: PD soon reply to Mr. Findlys October 14 query.... On that date, I wrote foe "cal and stated that I had not received the October 14* query. At 4:26 p.m., November 1, ?2. >r. Fendley faxed me a copy of the October 14,2002 query. I am writing to object to the ex-parte communication between foe Friday Firm and His Honor. I am also writing to request copies of all communication between the Friday Firm and His Honor to whidi we have not been privy including any oral communication as well. Thank you for your attention to this matter. f JWW:js cc
Mt. Clay Fendley AU Counsel of Record Ms. Ann Marshall Judge Thomas Ray Sincerely JOHNW.WALKES SyAWN CHILDS JOHN w. Walker, RA. ' ATTomr ArUw 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 3745758 PAX (501) 374-4187 OPCOUNSEL ROBERT McHENKY. P-A DONNAJ.MdimY SilO HlNDEIiaON Rmd tmu Rock. Afausij 72210 PBONK (500 372-3426 ' Fm (501) 372-3423 IMNU achenqniesvbcUjiet Via Facsimile - 4SO4-S149 November 4,2002 Honorable Judge 5Oiam R. W3soa United States District Judge 60C West Capitol, Suite 423 Little Rock, AR 72201 Re: Case No. 4:MCV0866WRW/JTR LRSDv, PCSSD Dear Judge Wilson
I am in recdpt of your letter of a few minutes ago. For your information, I verified that I did not receive a copy ofXfr. Fcndl^s letter. Moreover, the copy that I received from Mr. .TerxDey on Friday evemng is attached hereto with a second page. Please note the date and time which appears at the top of the fex. The fex that I received is dated November 1,2002, the same day I raisied the issue with you. (See attached fax) I have checked with Mr. Richard Roachell and Mr. Sam Jones and they have indicated that they received the letter on October 15,2002 and October 16,2002 respectivdy. If I am in error, I apologize, but my knowledge is what I stated eariier. rohnW. Walker n- JWWijs cc: AH Counsel of Record Ma. Ann Marshall Judge Thomas Ray J-iC'. NOV. 5.2002 5:20Pri JOHN W WALKER P A NO.156 P.2Z2 JOHN W. Walker, P.a. Attorney At Law 1723 Broadway LrtTLE Rock, Arkansas 72206 Telephone (5O1) 374-3758 FAX (501) 374-4187 I JOHN W. WALKER SHAWN CHILDS Via Facsimile - 447-1159 November 5,2002 OF COUNSEL ROBERT McHE.NHY. P.A. DONNAJ.MeHENRY 8210 HCNDExauu Road Lrmi Rock, Akkansas 72210 PHOWS: (501) 372-3425 P (601) 372-3428 Email mcheoryJ^wWlnct I I I Dr.T. Kenneth James Superintendent of Schools Little Rock School District 810 West Markham Little Rock, AR 72201 I Dear Dr. James
an It is my understanding that Mr. Tommy Boley from the University of Engfish workshop for all secondary English teachers at Hall High School during tte 2^:^^ sdiool year. I have previously requested this information in my letters to you dated October 29 , November 1* and November 4*. Is it your position (including Dr. Lesleys) that no such workshop took place? Your attention to nqr previous requests is appreciated. (incerely, JoyC. Springer JCS/ cc
Mr. John W. Walker Ms. Ann Marshall Mr. Clay Fendley Mr. Chris HellerJOHN w. Walker, p.a. Attorney at Law 172S Broadway Little Rock, Ar&insas 72206 Telephone (501) 374.3758 PAX (501) 374-4187 JOHN W. WALKER SHAWN CHILDS Via Facsimile - 376-2147 November 6, 2002 OP COUNSEL ROBERT McHENRY. PA DONNAJ.McHENRY 8210 Henobbson Road Limo Rock, Ahkaksas 72210 Phone: (501) 372-3425 Eax (6OI) 372-3428 Email: mcKcsiyd^wbclLnct Mr. Clay Fendley Friday, Eldredge & Clark 2000 Regions Center 200 West Capitol Little Rock, AR 72201 RECEIVED NOV -6 2002 OFFICEOF DESEGREGATION MONITORING Dear Qay
I am in receipt of your letter dated November 5, 2002. My request for information relates directly to the LRSDs proposed compliance plan, item 4
Prepare a comprehensive program evaluation of each academic program implemented pursuant to Revised Wan 2.1 It is my understanding tiiat literacy programs are being utilized to improve Aftican American academic achievement and that the District commits to evaluating these programs. I would like to have a better understanding of the literacy programs being implemented including who provided the training, amount paid by the District mid the substance of the training provided. I also intend to inquire regarding the other programs identified in 2.7 in the future. Thank you for your attention to this request. Joy C. Spring) JCS/ cc: Mr. John W. Walker Dr. Ken James Ms. AnnNbrshallBILL WILSON JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501) 804-5140 Facsimile (501) 804-5148 RECEIVED NOV -6 2002 November 6, 2002 OFFICE OF DESEGREGATION MONITORING Mr. Clay Fendley 400 West Capitol Avenue, Suite 400 Little Rock, AR 72201 BY FAX Re
Little Rock School District v, Pulaski County Special School et al 4:82CV00866 Dear Mr. Fendley
Thank you for your lener of October 14 in which you ask direction with respect to what correspondence amongst counsel might be sent to me. It seems to me that it would be best if the lawyers follow the general procedure, i.e., do not provide me with routine correspondence among yourselves. As noted in the Memorandum Opinion of September 13 I encourage all counsel to work together to implement the remedy ~ and work with the office of ODM if problems arise. If something occurs which requires a motion, I would get involved at that point. If any of the lawyers involved in the case think this is not the best route, I would be happy to hear from you
otherwise, I think this is the way to go. Thank you very much for your inquiry. ) Wm. R. Wilson, Jr. cc
The Honorable J. Thomas Ray Other Counsel of Record Ms. Ann Marshall Mr. James W. McCormack 4^5 C/= JOHN W. WALKER SHAWN CHILDS Judge William R Wilson United States District Court 600 West Capitol, Suite 423 Little Rock, AR 72201 John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 Via Facsimile - 604-5149 November 4, 2002 OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 Henderson Road Little Rock, Askans.as 72210 Phone: (501) 372-3425 F.ax (501) 372-3428 Email: mchenryd^wbell.net received NOV - 6 2002 Re: Little Rock School District v. PCSSD, et al. Case No. 4:CV82-866 OFFICE OF desegregation MONITORING Dear Judge Wilson: On October 31, 2002, we filed a motion to enlarge the time in which to respond to a motion filed by the Pulaski County Special School District. On October 31, 2002, Mr. Sam Jones wrote the Court regarding the matter. On November 1, 2002, the Court wrote all counsel a note which stated: Ill soon reply to Mr. Findlys October 14 query. .. On that date, I wrote the Court and stated that I had not received the October M* query. At 4:26 p.m., November 1, 2002, Mr. Fendley faxed me a copy of the October 14, 2002 query. I am writing to object to the ex-parte communication between the Friday Firm and His Honor. I am also writing to request copies of all communication between the Friday Firm and His Honor to which we have not been privy including any oral communication as well. Thank you for your attention to this matter. Sincerely John W. Walker JWW:js cc: Mr. Clay Fendley All Counsel of Record Ms. Ann Marshall Judge Thomas Ray John w. Walker, PA. Attorney At Law 1723 Broadway Little Rock. Arkansas 72206 Telephone (501) 374-3768 FAX (601) 374-4187 JOHN W. WALKER SHAWN CHILDS Via Facsimile - 604-5149 November 4,2002 OP COUNSEL ROBERT McHENRY, PA. donna J. McHENRY 8210 Hsmubbson Road Lrrru
Rock, akkansas 72210 Phone
(501) 372-3426 Fax (SOI) 372-3428 Ewaiu tocheniydJjswbelLaot Judge William R Wilson United States District Court 600 West Capitol, Suite 423 Little Rock, AR 72201 Re: Little Rock School District v. PCSSD, et al. CaseNo.4:CVg2-866 i Dear Judge Wilson,' On Octobtf 31, 2002, we filed a motion to enlarge the time in which to respond to a motion filed by the Puladd County Special School District. On October 31,2002, Mr. Sam Jones wrote the Court regarding the matter. On November 1, 2002, the Court wrote all counsel a note which stated
m soon reply to Mr, Findlys October 14 query.... On that date, I wrote the Court and stated that I had not received the October 14* query. At 4:26 p.m., Novenier 1, 2002, Mr. Fendley taxed me a copy of the October 14, 2002 query. I am writing to object to the ex-parte communication between the Friday Firm and IBs Honor. I am also writing to request copies of all communication between the Friday Firm and His Honor to which we have not been privy including any oral romTnunirafinn as well. Thank you for your attention to this matter. Sincerely, ohn W. Walker JWW
js cc: Mr. Clay Fendley AH Counsel of Record Ms. Ann Marshall Judge Thomas Ray JOHN W. WALKER SHAWN CHILDS John W. Walker, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 OF COUNSEL ROBERT McHENRY, P.A DONNAJ.McHENRY' 8210 Hemjehson Ro.ad LiriLE Rock, Arkansas 72210 Phone: (501) 372-3425 F.ax (501) 372-3428 Email: mchenryd^wbell.net Via Facsimile - 604-5149 November 4, 2002 Honorable Judge William R. Wilson United States District Judge 600 West Capitol, Suite 423 Little Rock, AR 72201 received NOV -7 2002 Re: Case No. 4:82CV0866WRW/JTR LRSD V. PCSSD DESEGREgSn MONITORING Dear Judge Wilson
I am in receipt of your letter of a few minutes ago. For your information, I verified that I did not receive a copy of Mr. Fendleys letter
Moreover, the copy that I received from Mr. Fendley on Friday evening is attached hereto with a second page. Please note the date and time which appears at the top of the fax. The fax that I received is dated November 1, 2002, the same day I raised the issue with you. (See attached fax) I have checked with Mr. Richard Roachell and Mr. Sam Jones and they have indicated that they received the letter on October 15, 2002 and October 16, 2002 respectively. If I am in error, I apologize, but my knowledge is what I stated earlier. -yjohnW. Walker i'' JWW:js cc: All Counsel of Record Ms. Ann Marshall Judge Thomas Ray ent 1.1/01/2002 a.t 16:27:08 from to 5013744187 p2/3 Friday Eldredge ,& Clark HERSCHEL n. FRIDAY (1922-1994) WILLIAM H. SUTTON. P.A. BYRON M. EISEMAN, JR. P.A JOE D. 3ELL. P.A. JAMES A aUTTRY. P..A FREDERICK S. URSERY, P.A. OSC.KR L DAVIS. JR. P.A. J.^UvfES C. :LARK. JR., F.X THOMAS P. LEGGETT. P.A. JOHN DEWEY WATSON. P .A. PAUL B. 3ENH.AM III. P.A. LARRY W. BURKS. P..A. A. 'WYCSLIFF NISBET. JR.. P..A. JAMES EDWARD HARRIS. P.A. J. PHILLIP MALCOM, P..A. JAMES M. SIMPSON. P..A. J.Af,<ES .M. SAXTON. P.A. J SHEPHERD RUSSELL Hl. P..A. DONALD H. BACON. P.A. WILLIAM THOMAS B.AXTER. P.A. RICKARD D. TAYLOR. P..^. JOSEKB. HURST. JR. P..A. ELIZABETH ROBBE14 MURRAY. .=.A. CHRISTOPHER HFtJ.FR. P..A. LAURA HENSLEY SMITH, P.A ROBERT S. SH.AfER, P.A WILLIAM M. GRIFFIN Hi. P.A. M1CH.AEL S. MOORE, P.A DIANE S. MACKEY. P.A W.ALTER M. EBEL Hi. P..A KEVIN A CRASS. P.A WILLLAM A. WADDELL. JR. P..A SCOTT J. LANCASTER. P.A ROBERT 3. BEACH. JR. P..A. J. LEE 3R0WN, P.A. JA>XS C. BAKER JR. P.A HARRY A. LIGHT. PJL SCOTT H. rUCKER, P..A. GUY ALTON WADE. P..A. PRICE C. G.ARDNER. TONT.A ?. JONES. P..A. DAVID D. WILSON. P .A JEFFREY K. MOORE. P..A DAVID M. GRAF. P.A. ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP CARLA GUNNELS SPAINHOUR, ?.A. JOHN C. FENDLEY. JR., P.A. JOHANN zISABETH CONICLiO. P.A. wwrw.fridayfirm.com 2000 REGIONS CENTER 400 WEST CAPITOL LITTLE ROCK, ARKANSAS 72201-3493 TELEPHONE 501-373-2011 FAX 501-376-2147 3425 NORTH FUTRALL DRIVE. SUITE 103 FAYETTEVILLE. ARKANSAS 72703-4811 TELEPHONE 479-595-2011 PAX 479-895-2147 R CHRISTOPHER LAWSON. P..A FRAN C. HICXMAN. P.A BETTY J. DEMORY, P.A LYNDA M. JOHNSON. P.A JAMES W, SMirri. P.A. CLIFFORD W. PLUNKETT. P.A. DANIEL L. HERRINGTON. ..A MARVIN L. CHILDERS K. C0LSMAi4 WESTBROOK. JR .ALLISON J. CORNWELL ELLEN M. OWENS JASON B. HENDREN BRUCE 3. TIDWELL MICHAEL E. K.4RNEY KELLY MURPHY MCQUEEN JOSEPH P. MCK.*.Y .ALEXANDRA A IFR.AH JAY T. TAYLOR . MARTIN A KASTEN BRYAN V. DUKE JOSEPH C. NICHOLS ROBERT T. SMITH RYAN .A. BOWMAN TIMOTHY C. EZELL 7. MICHELLE .^TOR KAREN S. H.ALaZR7 SARAH M. COTTON PHILIP 3. .MONTGOMERY KRISTEN S. RIGGINS .ALAN G. BRYAN LINDSEY MITCHAM SLO.N XH.AYy.AM .M EDDINGS JOHN F. .3EISERICH .AMANDA CAPPS ROSE BRANDON J. HARRISON Honorable Wilham R. Wilson, Jr. United States District Court 423 U.S. Post Office & Courtiiouse 600 West Capitol Avenue Little Rock, Arkansas 72201-3325 RE: 208 NORTH FIFTH STREET BLYTHEVILLE, ARKANSAS 72315 TELE.HONE 870-752-2890 FAX 870-7S2-2318 October 14, 2002 RECEIVED NOV -7 2002 OffICEQF DESEGBEGATION MONITORING OrCOUHSEL 3.S. CLARK WILLIAM L. TERRY WILLIAM L. P.'^TTON. JR K.T. JOHN C. ECHOLS. P.A. A.D MCALLISTER JOHN C. FENDLEY. JR. UTTLS ROCK TEL SOI-370-3323 FAX 501-244-5341 fndieY(Sr6c.nt Little Rock School District vs^, Pulaski County Special School District et al. United States District Court, Eastern District, No. 4:82CV00866 WRW7JTR Dear Judge Wilson: We note that Ms. Marshall provided you a copy other October 10,2002, memorandum to Dr. James setting forth obserr^ations/questions related to the Little Rock School Districts Compliance Plan for complying with the Compliance Remedy set forth in the Courts Memorandum Opinion of September 13, 2002. We submitted a response to Ms. Marshall on October 11, 2002, but were uncertain whether we should provide a copy of that to the Court. While we would be happy to provide copies to the Court, it would be presumptuous on our part to presume that the Court wants to review all correspondence bet
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