09/13/2002 15:01 501-324-2023 LRSD COMMUNICATIONS PAGE 01/01 810 West Markham Little Rock, AR 72201 Phone: Fax: (501) 447-1025 (501) 447-1161 DATE: September 13, 2002 TO: Central Arkansas Media Cynthia Howell, Arkansas Democrat-Gazette FROM: Suellen Vann, Director of Communications SUBJECT: Press Conference - Desegregation Case MESSAGE: Superintendent Ken James will make an important announcement at 3:30 this afternoon regarding the districts desegregation case and todays federal court order. Dr. James announcement will be in the Board Room of the Administration Building, 810 West Markham. # Pages (including cover) I To Fax # An Individual Approach to a World of Knowledgewww.arktimes.com FEBRUARY 9.2001 WEOqy MEWSPAPER OF POLTTICS AND CUtTURE the insider Informed source. Some parishioners attending lyinity : Episcopal Cathedrals annual meeting in late January were surprised to hear 115. District Judge Susan Webber Wrigjrt laud the churchs new middle school as a good alternative to public schools. Wri^t who could not be reached for elaboration by press timeapparently was asked to give a citizens perspective on the private school. She volunteered that there was no end in sight for the public schools entanglement in a federal court desegregation lawsuit The judge ought to know the case is in her court.' Shedidnt explain bow, the legal case, whicf is supposed to improvt public schools, actually hurts them mstead Wright, who said See page 3 0 796756 6 THE INSIDER page 1 she sends her daughter to the school for religious reasons, noted also that the private Episcopal school was an enticement the Chamber of Commerce could use to persuade new businesses to locate here. Public school parents who reported the remarks said they were dismayed because
1) The church, in its erxlorsement of the school, had told parishioners it was not intended as a white-flight alternative but an addiden to educational opportunities arxJ 2) Wrights rulings are crucial to an end to the court case, but she sees it as endless. The public school folks also were upset by the boisterous applause others gave the judges remarks. f -. J Printed at Little Rock Wednesday, March 14, 2001 ' LR schools to submit bid to get free of monitoring Board to send desegregation report to U.S. judge BY CYNTHIA HOWELL ricular activities, student discL ARKANSAS DEMOCRAT-GAZETTE pline rates, curriculum revisions,,/
Little Rock School Board mem- staff training, increased gradua- e bers unanimously approved a de- tion requirements, dropout rates and alternative education prosegregation plan compliance report Tuesday that they hope will grams, persuade a federal judge to re- Its Tts an excellent report,'
lease the district from years of board member Judy Magness court monitoring. said. Its exciting to see what we- Attorneys for the district will have done in three years, the send the 167-page compliance re- progress we have made and the port to Chief U.S. District Judge increases in student achievement Susan Webber Wright by Thurs- Its nice to know we are off to a Jay great start and we can continue toj^ "1110 compliance report con- get better and better. tains statistics showing the results Board President Kathenne of district desegregation efforts in Mitchell said she was thrilled I-
areas such as hiring, the racial by some of the results. 'It does reflect that the district makeup of students, student test scores, participation in extracur- 1 See MONITORING, Page 5AAikansas Democrat (gazette Monitoring ^bontihued from Page 1A has had a lot of success, she said. iSind, we know it will continue because we have pledged to do that. zThe district must submit the compliance report to the judge by Thursday. The judge is expected to ikfvite other parties in the Pulaski 'County school desegregation lawsuit including the neighboring districts, teachers and black residents of the Little Rock district ' tbreact to the compliance report.
4bachers and black residents are Intervenors in the case. If there are no objections to the districts assertions or if objections Ccinnot be proved, then the deseg-regation plan says the judge is to declare the district unitary or /dfesegregated to the extent practi-
cableand released from further court monitoring as of the last day of classes this year, which is set for :w3i. . ,jpA declaration of unitary status j^ould be a historic event for the ^,000-student district, marking a possible end to the districts involvement in a series of federal school desegregation lawsuits. %ose lawsuits date back almost to 1954, when the U.S. Supreme Court ruled that state-mandated "^cially se^egated schools were 'unconstitutional. Release of the states largest '^fstrict from federal court moni- ..tojing could relieve the district of *ibng-standing obligations that include getting court approval for 'operational changes in the district, ! compiling reports for the courts,
shbmitting budgets, devising de-
segregation plans and participat- I ing in court hearings. i Chris Heller, an attorney for the
district, told the board he will ask the judge to set a time frame for ' other parties to respond to the I compliance report. , What we ask for may depend , on what the other parties feel they n^ed to continue to talk with us ! about their responses, Heller : 'shid. If we think we may need a little extra time to persuade some of other parties that this is an un-ofejectionable report, then we might ask the court for it, he pdded. But, we are hoping to move very quickly on this. It could be 11 days
it might be 20 days. I Heller said he is optimistic that Jhe district will avoid farther litigation in the case. a- Board members did not raise the matter Tuesday, but Heller has been negotiating with representatives of the Arkansas Department of? Education over how long spe-hiSl state desegregation funding intght continue once the Little ^ock district is declared unitary. <ft.The district, which has an an-frdal budget in excess of $190 mil- Sidn, gets about $20 million a year ji^state desegregation money for 'thagnet schools, student transfer btograms, transportation and teacher retirement and health in- .^urance costs. , Heller and Little Rock School ^oard members have said they 'Npant to pursue unitary status without worrying about potentially dis-j- astrous financial consequences. 1 One of the proposals negotiators ! are considering is a seven-year J moratorium on withdrawal of the
state funding from the district. The compliance report due this I week is the second prepared by Susan Webber Wright Katherine Mitchell Judy Magness the district. An interim compliance report was drafted in March 2000 as a process report to Wright and the parties in the lawsuit None of the parties objected to the content or the format of the first report, so the same format is used in the latest document. The information in the first report is incorporated in the second report by reference so as to avoid repeating previously published information. The draft of the latest report focuses on a section of the desegi^ gation plan that requires the district to comply with the U.S. Con- Covenant for the Future in which it promised to continue fighting discrimination and providing equity for all students. All district principals and school staffs have been trained on the covenant and have developed ideas on how they could carry out the covenant at their campuses. The latest compliance report also emphasizes the prominent role that the Campus leadership Teams at each school are playing in school desegregation and improving student achievement. The teams, which are made up of teachers, parents, staff and com-stitution, to remedy the effects of munity members, advise princi-past discrimination by the district pals on school improvement. against blacks and to provide an The report describes signifi-equal educational opportunity for cant revisions in the districts core all students attending Little Rock curriculum, its more rigorous schools. District leaders contend they have shown a good-faith effort to operate a constitutional school system by complying with the terms of its desegregation plan. Further, the School Board has tried to show that it will continue the commitment by adopting a graduation requirements, and increases in the numbers of students taking Advanced Placement and pre-Advanced Placement courses, taking college-entrance exams and winning college scholarships. The report also delves into student scores on national and state exams as evidence of increased student achievement. The report describes the changes in the student assignment plan that enable more students to go to schools closer to their homes. The district has nine schools, ineluding seven elements ries, Southwest Middle School and McClellan High, which have student enrollments that are 90 percent or more black. Thats up flmm four in 1997-M when the desegregation plan was approved by the judge. The district also has four elementary schools with predominantly white enrollments. The district overall has a 68 percent black enipllment, up 1 percentage point since 1997-98. Other statistics gleaned from the report: About 20 percent of students attend schools outside their attendance zones. TJie district built Stephens Elementary and is looking for a site for a new elementary in west Little Rock. The districts teaching staff is 39 percent black, compared with 37 percent in 19^-98. The districts principals and assistant principals are 57.6 percent black. The desegregation plan requires the district to maintain a teaching staff that is at least one-third blac^ Disciplinary sanctions have decreased since 1996-97 when 3,585 students received 6,021 sanctions. That changed to 4,926 sanctions against 3,011 students in 1999-2000. Of those sanctions, 4,274 involved black students, Participation in extracurricular activities jumped from 2,335 black and 393 white in 1997-^ to 5,203 black and 902 white in 1999-2000. I SATURDAY, MAY 19, 2001 SB* Desegregation lawyer asks for delay Walker seeks 30 days to study LR districts claim of compliance with 98 plan arkansas^kmtcS^te tie Rock and Pulaski County Spe- The former principal previ- , John Walker, an attorney for ?hsly-ed the school dfilricf c.r black students in a long-running Little Rock school desegregation lawsuit, has asked a federal judge to give him 30 more days to decide whether to dispute the school districts claim that it com- ance report, which was published wnich tatives of teachers and black stu- dents, until Friday to respond to This request is not being the report. made for purposes of delay, If there are challenges to the Walker wrote in his request for an districts compliance extension. i - - The former principal previ- * plies with its desegregation plan. Friday was the deadline for parties in the 18-year-old lawsuit to challenge the districts compliance with the 3-year-old plan. The only objection sent to Chief U.S. District Judge Susan Webber Wright was submitted by a Conway resident who used to be a Little Rock elementary school principal until he was fired in 1998. Walker said a busy trial sched- Attorneys for the school district said last March in documents '-'./iiiyiiaxivrf, 3 court hearing would be held July 5-6, and if necessary, continued Aug. 1-2, Wright said. accompanying the compliance re- ucuici lu port that the district had substan- grant the extension and whether tially complied with the 1998 de- to accept the objections submit- segregation plan. ted Friday by Franklin Davis, the They asked that the district be former principal. Wright will decide whether to his termination, which he said re- i suited from his rejection of sexual advances by a supervisor. He ar^ed in his lawsuit and in the objection that he was fired with- : out being given proper notice, ad^
equate opportunity to respond ot'*L a timely hearing. In his objection, he said he was declared unitary or desegregated Davis is not one of the previ- and released from more than 40 ously recognized parties in the years of federal court involve- suit. subjected to unfair treatment af- , ter the district submitted its de-jj segregation plan in 1998. .: ment in the operation of the states largest school district. Davis is representing himself W ukX ------------ specifically asked that the Wright had given parties in the district be denied release from lawsuit, including the North Lit- federal court monitoringMay 2 3. 2 0 0 1 I Judge extends review of desegregation plan Lawyer gets time to decide challenge options, BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE Chief U.S. District Judge Susan Webber Wright has given an attorney who represents black students in the Little Rock School District more time to decide whether to challenge the districts comphance with its desegregation lawsuit. She granted an extension until June 18, making it less likely the district could be released from court by June 30, the date it has asked for release. Last week, John Walker of Little Rock asked for a 30-day extension, saying that a heavy trial schedule both in and out of state had prevented him from fully udu preveniea nim trom re- - ------------- viewing the Little Rock districts I^vwusly recognized party in claims that it complies with its 1998 desegregation plan and should be released later this year from federal court supervision of those desegregation efforts. Walker also told the judge he was involved in ongoing discussions with attorneys for the Little Rock district over the comphance report. Should Walker file objections, he will have the burden of proving the ^stricts failure to comply with its plan at a court hearing in I July. Other parties in the 18-year-old school lawsuit, including the North Little Rock and Pulaski County Special school districts and representatives of district teachers, did not file any objections to the Little Rock compliance report. The only objection filed by last Fridays deadline was submitted by Franklin Davis of Conway, a former elementary principal in the district who was fired in 1998. Davis, who is black, said he was treated unfairly by the district and that the district should be denied release from court supervision. Davis is not a Vi Saturday, June 16, 2001 Walker seeks time to reply to LR report on complying BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE An attorney who represents black students in the Little Rock School District asked a federal judge Friday for a second extension of time to respond to the districts contention that it complies with its desegregation plan. John Walker told Chief U.S' District Judge Susan Webber Wright that he was not making the request for the pui^ose of delay and is in negotiations with lawyers for the Little Rock School District regarding desegregation compliance issues and other matters. He is asking for a new deadline of June 25. The current deadline for Walker to object to the districts deseg- ^1 John Walker busy schedule Arkansas Democrat legation compliance is Monday. Originally, the deadline was May 18, but Walker asked for and got more time because of his trial in May and June. School dis-trict officials submitted a lengthy compliance report to Wright in March. In that report they said they had substantially met the desegregation obligations contained in their 1998 Revised Desegregation and Education Plan and that the district is entitled to be released from years of court monitoring. yhat 1998 plan required the district to prepare the compliance report and give all other parties in the 18-year-old school desegregation lawsuit a chance to object to it. Should Walker file objections on
behalf of his clients, he will have to prove the objections at a hearing later this summer. The desegregation plan also said that if there are no objections or any objections are unfounded, the district is entitled to be released from federal court monitoring. Originally, that release J date was supposed to be the last j day of class in the 2000-01 school yeair, which was May 31. None of the other recognized parties in the lawsuit the neighboring North Little Rock and Pulaski County Special school districts and the teacher unions filed objections to the compliance report by the first May 18 deadline. However, a former Little Rock elementary school principal living in Conway did file objections. It will be up to Wright to decide whether to accept his complaints and schedule a hearing to explore them. 0 Tuesday, June 26, 2001 Plan to lift court grip on district draws fire I Black studentslawyer _a bout filing objections and sug-objects, lists concerns , iinegobywithouffilmg. ' J ' DesDite neeotiatinn.'
BY CYNTHIA HOWELL ARKANS.AS OEMOCRATGAZETTE An attorney for black students that Walker would oppose immedi- tion plan to explain his concerns, objected Monday to a request by ate unitary status for the district, Concerning the section in the Little Rock School District to and they began preparations for which the district obligates itself be released from decades of fed- the court hearing. to work in good faith to operate a eral court supeivision of its de- jI rreeaallllyy tthhiinnkk tthhaatt tthhee ddiissttrriicctt ccoonnssttiittuuttiioonnaall sscchhooooll ssvysstteemm,. WWaallkk-- segregation efforts. John Walker, who represents the Joshua intervenors in the districts 18-year-old school desegregation lawsuit, described his objections in a 35-page document ,, , sent to Chief U S District Judge some- He called the districts Campus Susan Webber Wright just before thing else to be done, so if you look Leadership Team effort to put a 5 p.ni. deadline. at the Joshua intervenors argu- more decision-making authority at The Joshua intervenors be- ment that we are not quite where the schools ill conceived and has complied with its plan and is er accused the district of failing to continuing to make a good faith ef- evaluate the effectiveness of profort to make sure that the types of grams, including the academic things required by the plan will be pro^am at virtually all black in-done in the future, Heller said centive elementary schools. Monday. There is always some-lieve that there are numerous sig- we would like to be, I think you poorly implemented. He also nificant questions that are not could say that at any time in any said the district lacks a good way addressed [by the district] in a district. to evaluate it. clear, accurate and substantive School Board President Rather- He said other desegregation ef-manner [and] need to be further ine Mitchell and others could not forts were neither timely, vigorous explored in an evidentiary pro- reached for comment Monday nor sustained ceeding before the Court, Walker wrote. Walkers objections jeopardize the districts chances for a quick declaration by tlie judge this summer that John Walker the Little Rock district is unitary, or racially desegregated to the extent practicable. Earlier this year, in anticipation of any challenges to Little Rocks request, Wright set aside dates I for a court hearing. As a result of Walkers opposition Monday, the hearing is scheduled for July 5-6 and Aug. 1-2. During the hearing, Walker has the burden of proving his complaints. The district is operating under the terms of a three-year Revised Desegregation and Education Plan Uiat was negotiated by district leaders and Walker in January 1998 and was approved by Wright the next April. The plan called for the district to prepare a desegregation compliance report, which was submitted to Wright in mid-March. In that March report, district leaders said the school system was in substantial compliance with its plan and should be released from court monitoring. In accordance with further provisions in the plan, all the parties in the lawsuit including the Joshua intervenors, the teachers association, and the North Little Rock and Pulaski County special school districts had an opportunity to object to the Little Rock district's compliance report Had there been no objections from any of the parties, Wright was directed by the plan to enter an order ending the districts part in the long-running lawsuit. Such : See INTERVENORS, Page 5A | evening. Superintendent Ken llUdvdlUrw James was out of town. Walker said in his introduction Continued from Page 1A that Wright will be in a better po-an order would be a milestone for sition to determine the districts the district, which has been sub- compliance based on court hear-ject to federal court supervision of iogs. He also suggested that the desegregation monitoring in a se- judge would be well served to get ries of lawsuits that date back to .............. 1956. an analysis of the districts compliance from the federal Office of De- Walker was the only one of the segregation Monitoring, which is a recognized parties in the case to court-appointed agency that as-file objections. In recent weeks, he sists the judge in evaluating deseg-asked for and got two deadline ex- regation initiatives. tensions while he negotiated vari- The district is far from being OUS issues with school district offi- unitary at this time, Walker cials, including attorney Chuis added. The district has much Heller. As late as Monday morn- work to accomplish before court ing, Walker said he was undecided release is appropriate. He further argued that the dis-gested that he might let the dead- trict should bear the burden of proving in court that it has ftil- Despite negotiations, district filled its obligations. leaders have said for several Walker went point by point weeks that they felt it was likely through the districts desegrcga- Concerning the section in Kather-s The Little Rock School District outrageously argues that it is simply obliged to make promises to meet its objectives and to set up a procedure for fulfilling those promises, but, having done that, it is not required to meet the objectives set, Walker wrote. He questioned how the district can be ejected to achieve the desegregation goals and objectives without court supervision that havent been achieved while the district was under court supervision. In compliance with its plan, the school district hired desegregation e:^erts, Walker said. But the district used Steven Ross and Terrence Roberts as consultants on general school problems rather than have them address specific needs of black students as was envisioned by the desegregation plan. In his conclusion, Walker said he regretted that the district, based on its own report, appears to have been unable to truly integrate its schools in all respects. The promises of the desegregation plan have not been kept, he said, adding that it would be a farce for the district to be declared unitary. More resources are devoted to the education of advanced students, he said. Students are favored due to their economic and racial status by school administrators and staff. The strongest schools and students get stronger while the weaker schools and students get weaker or, at best, remain the same. -'A June 2 9. 2 0 0 1 Attorney seeks delay in desegregation case ARKANSAS DEMOCRATGAZETTE An attorney for black students in the Little Rock School District has asked Chief U.S. District Judge Susan Webber Wright to delay next weeks hearing on whether the school district deserves to be declared desegregated and released from federal court supervision. Wright has set a 9 a.m. hearing to- ' day to discuss court hearing dates with John Walker and attorneys for the school district Walker represents the class of all black students, past present and future, in the district They are known as the Joshua intervenors in the districts 18-year- old desegregation lawsuit In a letter to the judge. Walker said district officials have failed to cooperate with him by not providing him with program evaluations and other material he needs to prepare for the hearing, which is set for July 5-6 and could continue, if necessary, on Aug. 1-2. Earlier this week. Walker filed objections to the Little Rock districts March 15 request to be found in compliance with its 1998 Revised Desegregation and Education Plan.V I" 2B SATURDAY, JUNE 30, 2001 ER desegregation hearing set for Thursday, Friday BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE A hearing to determine whether the. Little Rock School District should be released from federal court supervision of its desegregation efforts will start at 9 am. Thursday as planned, a federal judge said Friday. tomey, said the district had been responsive as long as documents were readily available and didnt have to be created. He said he thought nearly everything requested had been provided. Heller told Wright that Walker was trying to collect in one week all . the information he should have ' monitoring over the past three Webber Wright met Fnday morning ------ * ' ----- with attorneys in the school districts 18-year-old desegregation lawsuit The purpose of the conference was to review the hearing schedule and yeai^. As a result, Walker was putting a tremendous burden on dis- ' trict administrators, he said. Walker has charged the district iTT------ 'to to $48,333 a year for three years of e^bits and for legal fees and costs incurred in monitoring of school district school District and John Walker, the ~ ' attorney for the black familips hi the compliance, Heller said. Walker told the judge that he and district leaders have had a case. H Walter filed good working relationship until this He said he has given the dte R(Kk official tlia^e distnct com- trict latitude in implementing the plies with Its 1998 desegregation plan plan and should be declared unitary Plan ana snotod But, were at a point where we J 2- believe there is not substantial com- Wr^t had Mhean^ dates for pliance, Walker said. He said the districts responsibility th^udge he was hav- to cany out and that he shouldnt be mg difficulty getting from the dis- penalized for earlier attempts to re- tnrt academic program evaluations solve issues with the district without and other information he needed to , . --------------- resorting to the judge. t .J , *1, Wright told district representa- f ti'^es and Walker that the staffinher o federal Office of Desegregation scheduling Monitoring are available to both P^es to give assessments of dis- Ctins Heller, the distr icts lead at- tricts de.segrpgatinn efforts. 3July 2, 2 0 0 1 See you in courtwhere else? What a surprise: Race-Obsessed Lawyer waits till the last, legal second to forestall Little Rocks attempt to end the longest-running deseg suit in the Western World, so we can all get back to educating instead of litigating. With the Deseg Bank about to close for business, the lawyer drops a 35- page documenVcomplaint/conniption on the court Talk about doing the expected
Her Honor Susan Webber Wright had already set aside the court dates to hear his pleading. Shes been playing this game for a long tme, and knows how to anticipate the next pitch. And so the extra innings will continue for another month, or year, or longer. And the court will be obliged to hear the kind of arguments that call for holding back some kids lest the education of all be imequal. This isnt so much a plea for equal rights as for equal ignorance. It seems to bother Race-Obsessed Lawyer that, to use his phrase, the strongest schools and students get stronger. Cant have that We need to make them all equally weak. Lets start by dumbing down our brightest kids and teachers. Or at least making smre they dont get any smarter. How long, oh, how long, before parents, teachers, and all of us interested in education can say
Free at last, thank God almighty were free at last to concentrate on teaching instead of fulminating, on developing minds instead of holding grudges? There was a time when racial segregation held our kids back. Now its the lawyering over it Arkansas Democrat Established 1878 Arkansas ffiazclte Established 1819 Arkansas Democrat Arkansas Newspaper Walter E Hussman, Jr., Publisher Griffin Smith Executive Editor Paul Greenberg Editoriat Page Editor Paul R. Smith VP/Generai Manager Lynn Hamilton V.P / Operations John Mobbs Advertising Director Larry Graham Circulation Director Estel Jeffery, Jr. Director of Promotions $ ao Csl (D Judge, plaintiffs lawyer rap LR schools witness Walker argues achievement disparities not solved BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE On the first day of a hearing on whether the Little Rock School District should be released from desegregation monitoring, both the judge and an attorney for black students expressed frustration with district testimony and documents. Chief U.S. District Judge Susan Webber Wright said Thursday that the testimony from an associate superintendent perceived to be the districts chief desegregation administrator was very general and limited. And John Walker, an attorney for the Joshua intervenors, the class of all black students in the district, asked how desegregation obligations that appear to be unmet while the district is supervised by the federal courts would ever be achieved if the district is released fh)m monitori^. Junious Babbs, the districts associate superintendent for administrative services, was the only person to testify 'hiursday in the all-day session on the districts compliance with its 1998 desegregation plan. District leaders in March subSee HEARING, Page 4A 1 Arkansas Democrat-Gazetle/STATON BREIDENTHAL LRUe Rock School District Superintendent Ken James (left), along with Junious Babbs (center), an associate superintendent, and attorney John Walker return to the federal courts building Thursday afternoon. Babbs testified before Chief U.S. District Judge Susan Webber Wright at a hearing in which Walker presented evidence intended to show that the district is not complying with its 1998 desegregation plan. I J 1 i 1 i Hearing Continued from Page 1A mitted a compliance report to Wright, saying the states largest school system was in substantial compliance with its plan and should be released fhom decades of federal court involvement in desegregation efforts. 'The desegregation case is 18A years old. Walker last month objected to the districts assertions, which prompt^ the hearing. The hearing resumes at 9 a.m. today and is expected to pick up again Aug. 1- 2. Chris Heller, an attorney for the district, told Wright that the district has supporting documentation for all of its compliance claims. He also said staff members other than Babbs would be better able to answer some of Walkers questions, as Babbs is responsible for only portions of the plans implementation. Part of inculcating the des^rega-tion plan in the district has b^n to share those responsibilities, Heller said, adding that Babbs was only the coordinator, an equal among equals, of a team of administrators supervising desegregation efforts. This witness said he was re- This witness said he was responsible for the discipline section of the report. But he cant tell the court why statistics are written the way they are. When the numbers [of student suspensions] are broken down by race, its by incident and not by the number of individuals. Gender has been left out Hes the one who is responsible, but he cant tell me why. He cant tell me how hes using the [federal Office of Desegregation Monitoring] reports on discipline.' Judge Susan Webber Wright sponsible for the discipline section of the report, Wright responded. But he cant tell tne court why statistics are written the way they are. When the numbers [of student suspensions] are broken down by race. its by incident and not by the num- . some, but they are not written, or ber of individuals. Gender has been .............................................. left ouL Hes the one who is responsible, but he cant tell me why. He cant tell me how hes using the [federal Office of Desegregation Monitoring] reports on discipline. The judge also was dissatisfied with other responses from Babbs. Tve asked him what programs and procedures you have adopted in some of these areas, the judge continued. The answer is, We have They arent in here. All that is in here are the statistics, which in themselves raise questions. Wright said she wouldnt overly limit Walker in his questioning, at least not this week b^ause he has the burden of proving the district is out of compliance. She said she would set limits in August In his questions to Babbs, Walker zeroed in on district obligations to reduce academic achievement disparities between black and white students. White students average 30 percentage points higher than blacks on standardized tests, Walker said Walker asked Babbs for evaluations of academic programs undertaken by the district particularly in regard to their impact on the achievement disparity. Babbs said members of the administrative team were responsible within their divisions for monitoring implementation of the plan and evaluating programs. For example, the curriculum and instruction division dealt with matters dealing with student achievement, while the human resources department monitored school staffing. Walker accused district leaders of focusing on raising achievement levels of all students without specifically targeting the disparity issue despite language in the desegregation plan that calls for that effort. Walker also questioned Babbs about the high percentage of white students in Advanced Placement high school classes, where students can get college credit for high school work. The r^ult of low black participation in Advanced Placement classes is that regular high school classes are virtually resegregated, he said. The attorney produced letters datii^ back to 1998 that he wrote to appeared that schools with heavy - district officials asking to help plan' black enrollments or concentrations / how the newly revised desegrega- of poor whites had the least expert- '' tion plan would be carried out Dis- enced teachers and fewer teacher^ trict administrators charged with with advanced degrees. / desegregation compliance met almost weekly, but Walker said he was not permitt^ to participate. Babbs said experts jointly selected by Walker and the district participate in various committee meetings as did members of the class represented by Walker in the desegregation lawsuit At one point Walker asked Babbs, Did you ever initiate a meeting, with [the Joshua intervenors] to discuss anything?" I dont recall, Babbs said. Most recently, Walker said he was excluded from the initial meetings to select a site for a new elementary school in west Little Rock. That site is yet to be selected. Walker also asked Babbs whether the disttict had any means to ensure similar staffing at schools in regard to average years of teaching experience and percentage of teachers with advanced degrees. While the district does have goals for the racial composition of school faculties and years of teaching exp^ rience at each school. Walker said it n e_i o o o 5S SS5! O CJ 2* O OJ S o 2* '&* e r&a <5ra,' -S. fflg. g re SKS en gerpr ^cra 03 d 23 a 03 cn M cn ,23 du oft 2^ d2 s^'o o so oo o CA O 5. o. n> S'S' 0.3SS S- o!= '-,.c.2x 6| rge g'a re a OI'H tn g2 g^lg r3e gSS a" 2 WTO o' Q S S 3a *a^ 2SX-S.2 o o* 'O O " 03 U <T1 w 5^ = S' ai'ss "3t-ll CZ) CZ3 O OP 3 (KI O CTQ p fD SATURDAY, JULY 7, 2001 A 3 S g 3 3. S.3 SiS rSe- SrSt-re Si&.g e a a 03 A tn a""^ s d d O d d a a SS.32. TiCC FT! 20 OQ S' mSO O -iE Z 03 Se 3s O2 - tn ggStSg. _ 3?^ 3 2. reTOaB-reUo S-QaaS 31 = ft a ? S'- 3 1-1 ga<Sft'? 3 o C/5 1 B>a <B2S ri'.rai='2. SSa t-'sa. a- g' 3 C>re re a 3 re re Ss o<SgS a S I? a ? ^3 S 'ira s'?-. 9-3- H'gg.S'reO ' (0 S S-'C 2 as? Oi X o o rt> fi. 3 11t- Vi tw tn ?=r fcj VI G - O' d JU 3 o 0w3 _ ra 2 O , O I -S S ^2 3 o S a- 5^ o o re3,
KA a a fo S- a a L rfyp S: /OT' Ik i oO sri *0 555 w 2 : _ d dcra sTa, sroa- dS2 a2^.<^2 03 > dh'r^na -?f _iO2d a de/* - = 33= ?a| <Q "S 3 fl S" k-F S' (0 era 5^3-g. M Q -gag-E.. 5 o 3 ja 3 S-a en jT' a 3 o fO Q O S<' *0 O 3 C a' oo 3S ' 2S. ao d. M 9 a I re re o. 1 d cn K" En ' I O s o Schools Continued from Page 1B cials and Walker and approved by the judge, is the law that applies. The desegregation plan requires the district to take steps to improve and remediate the academic achievement of black students. If we werent dealing with a consent decree, the achievement gap would not render this district unconstitutional, Wright said. The judge noted Walkers concerns about the lagging student 2 3 a <T> O sora o a CZ) 1 r\ ?'
V achievement levels of black students and her own concerns about the districts ability to evaluate and reevaluate its programs to benefit black students. She said, Clear- Is" SP ii iif II II u sr (D a o II si -I A it P If I s J? 3 aI (S *J 3' 3 8 S a 5 J Be ill I? n CA mQ 3 <' V ly, that is what John Walker the plan envisions, and I am not yet satisfied that the district has put that into place. Maybe you can satisfy the court that that has been done. There may be some other areas of concern that Im so far unaware of, but thats what bothers me the most The judge pondered her legal options aloud. What if this district is in substantial compliance of this plan in all but the area of achievement? What should this court do? she asked. Should the court release the district from every aspect of the case except that which is not a constitutional matter? The judge said she doesnt expect attorneys to file legal briefs on the issue yet but might at the conclusion of the evidence. Its gnawing at me a little bit, she said. If I had to decide it today and Im glad I dont but thats where Im going. In other words, substantial compliance except perhaps in that area. Walker questioned Gamine at length on whether the district had performed annual evaluations. Walker said he had asked for copies of the evaluations but had not received them. The desegregation plan requires the district to assess programs each year and to modifr' or replace those that dont improve black student achievement Walker has said that white stu-dents in the district typically score about 30 percentage points higher than blacks on standardized tests. He asked Gamine if he had pledged to initiate programs to narrow the gap between the educational achievement of black and white students. No, Gamine answered. We adopted programs to remediate African-American students. We believed that by doing so we would effectively close the gap. But those are two separate things. Gamine said that when he became superintendent in September 1997, he had determined that several existing programs were strong and should be continued. He said subsequent evaluations of those programs and others had been completed, but he could not produce the evaluations. Some of the programs had been recently implemented when he joined the di^rict. Gamine said, and data were not sufficient to show whether they were successful. As a general rule, educators reflrain from drawing inferences about the success of programs until they have been in place for at least three years, he said. Shortly before the lunch break, Wright asked the districts attorneys how long it might take to gather documents that might show what recommendations had been made about various programs. Chris Heller, attorney for the district, said the district had completed the required assessments, but the plan did not stipulate that the assessments be in writing. Topically, assessments like that, if the/re going to be monitored, would have to be in writing, wouldnt you agree? Wright asked Heller. I would have to ask an educator that question, Heller answered. Of course I would be happy if there was a document every year that said it was a year-end assessment of the following programs, but what they say is that they take the data and they take it into decision-making every year, but as Dr. Gamine testified, you really cant decide that program is working or not working until youve done that for three years in a row. Heller said Bonnie Lesley, associate superintendent for instraction, would be more familiar than Car-nine with program evaluations. Lesley, he said, could testify about evaluations, but she was out of town Friday. m SATURDAY, JULY 7, 2001 Integration is just a fraud Desegregation as it is being carried out between lawyers such as John Walker and the Supreme Court has surpassed integration and is nothing _________________ more than a ploy for power. Integration and equality were accomplished years ago and has in fact placed the minority in power over our schools to 1 the point of government fascism. \^en the highest power of a country for 44-plus years places absolute minority power over the white race with no hope of the Constitution ever being fulfilled, white subjects have to be considered under fascist control. Any time any race has only to report to a supreme power to gain power over an- jOther race and dictate what the other race will do, it is dictatorship and fascism. It is asinine for our courts to entertain the notion that blacks have not achieved more than equal opportunity. Minorities have not achieved integration, but they have achieved black community status and proudly boast black community centers in what used to be white neighborhoods that were deemed unconstitutional and were forced to segregate. Segregation led to a black community that our government no longer wants to integrate and now spends millions building into an African neighborhood. There is no push by any government agency to accomplish a segregated neighborhood. No, just the opposite. Our government builds and finances minority communities with no concern about integrating them. This keeps our Supreme Court in dictatorship and Walker making millions. Integration was and is a fraud and has accomplished its goal: minority power. HAROLD LONG Little Rockli- TUESDAY, JULY 10, 2001 3B I Judge maps path to end of monitoring schods Hearings due first on LR desegregation gains BY CYNTHIA HOWELL improve the academic achieves AR^N&DEMOCRATA^TTE gj students and UK Judge Susan reduce the disparity in the disci- Webber Wnght isnt likely to re- pline rates of black and white stu- lease the Little Rock School Dis- trict from desegregation monitoring until after hearings set for Aug. 1-2 and Nov. 19-20, she said Monday. Even then, shes reserved the week of Jan. 28 next year in case more hearings are needed. Little Rock School District offi- dents. Walker has identified those' cials in March told Wright they were in substantial compliance provisions as priorities. Wright also has said the achievement issue is a chief concern of hers. ' The judge told the attorneys at the end of two days of testimony last week that the district ap= peared to bedn substantial compli- ance except with possibly the stu^ . . dent achievement provisions. She with their 1998 Revised Desegre- repeated that Monday, saying testL gation and Education Plan and mony from two top-level district asked to be declared desegregat- officials had failed to convince her ed and released from more than that the district had adequately 40 years of federal court involve- evaluated programs intended to luent raise achievement of black stm dents. Wright also said during Mondays scheduling conference that John Walker, an attorney who represents the districts black students known as the Joshua intervenors, objected to the districts - she has seen improvements in Lit- assertions that it complies with the tie Rocks overall desegregation ef- plan, making the court hearings forts in recent years. necessary. Tjjg that we havent had Meeting briefly Monday mom- many hearings is indicative of ing with attorneys in the current, IS'A-year-old federal school deseg- that the way the court has per- ceived Little Rocks perfor- regation lawsuiL Wright directed mance, she said. That doesnt that attorneys focus next month mean Im going to declare Little and in November on whether the Rock unitary. That hasnt been dedistrict has met its obligations to termined yet.August 1. 2 0 0 1 Desegregation case back in federal court today amid bickering BY CYNTHIA HOWELL , ARKANSAS DEMOCRAT-GAZETTE A second round of federal court hearings to evaluate the Little Rock School Districts desegregation efforts are set to start at 9 a.m. today after weeks of growing animosity between district leaders and the legal team for black children that says the district hasnt met its desegregation obligations. Little Rock School Board members said last week that John Walker, an attorney for the black students, is fighting the districts release from federal desegregation monitoring and is barraging district staff with requests for information because the board wouldnt agree to pay $300,000 to $800,000 in legal has told Chief U.S. District Judge fees in addition to the $2.59 million already paid the intervenors over the past 15 years. Thats the only reason we are in court, said School Board President : Katherine Mitchell about the money. She added, Hes practically shut down the school district with all his [Freedom of Information Act] requests. We cant even prepare for the school year for reproducing records for him. Board member Judy Magness said the district doesnt object to providing information. "Thats not the point, she said. "We would like specific requests that would be germane to helping him prepare for his case in court. , he just But 1 John Walker throws a net, saying, 'I want your whatever. But Walker, who has the burden of proving the districts noncompliance. Susan Webber Wright that his information requests are legitimate in his preparation for the court hearings to be held periodically through November, partly because the district failed to include him in desegregation discussions or provide him with some documents over the past three years. See HEARINGS, Page 8AHearings Continued from Page 1A : for retaliating over legal fees. Walker said Tuesday, Thats not true at all." '. He said he was motivated by what he described as a district decision against reducing achievement di$parities between black and white students and by the districts cut- tlhg him out of recent negotiations with the state over the forgiveness of a $20 million state loan to the district. Originally, the district was supposed to repay the loan unless it could raise the average scores of black students to at least 90 percent of the average scores earned by white students. Whatever they say, Im not going to spend 37 years in one case and not have them do what they are supposed to do, said Walker, whose involvement in Little Rock desegregation efforts date back to the 1966s. Walker said hes convinced that the district is committed to offering most white students a first-rate education and he wants that same offer to go to every black student irrespective of family income levels. E-MAIL PRINTOUTS SOUGHT Individual administrators in the Little Rock district have received as many as 20 letters in recent weeks from Walker, many of which included requests for multiple pieces of information. Walker has asked for items such as student test scores dating back to the early 1980s, quarterly reports, memoranda, meeting minutes, individual school newsletters, videotapes of employee training sessions, and printouts of the electronic mail sent and received by past and present superintendents and their toplevel staff members. Printing the e-mail has required as many as seven or eight reams of paper per administrator. Kenneth James, the districts new superintendent, said last week he understands that the requested information is public and nec- I essary for the J hearing. But he H said many of the requests are du- J plicates of earli- er requests. I We arent | trying to hide Kenneth James anything or keep anything from him, James said. "But we are trying to open school in a short period of time. Its safe to say hes impacted the day-to-day operation of the district with respect to his requests. Has it taken our staff away from things they could be working on in preparation for school? Yes." Wright is presiding over the hearings, the first of which was held in July
another is set for November., She must determine whether the district has complied with the terms of its 1998 Desegregation and Education Plan, entitling it to be released from more than 40 years of federal court involvement in desegregating Little Rock schools. Little Rock district officials told Wright last March that the district was in substantial compliance and asked her to end the districts role Little Rock School District enrollment histoiy Despite an overall increase in enrollment resulting in part from the annexation of southwest Little Roch in the late 1980s and an extensive inlerdistrici student transfer program in the three Pulaski County districts, the racial composition of the Little Rock School District now is the same as it was in 1982, the year the district sued in federal court to end segregation of black and while students in the three districts. 1982-83 white/other 32% black 68% TOTAL ENROLLMENT: 19,423 SOURCE: Arkansas Democral-Gs2ette archives
office of desegregation monitoring Arkansas Democrat-Gazetle in the 18/2-year-old desegregation field is co-director of the Civil Rights lawsuit. Walker, who had agreed to the professor at the Harvard Graduate terms of the desegregation plan School of Education. While the three years ago, objected to the districts assertions of compliance, prompting the need for the hear- the ongoing Little Rock desegrega- ings and dashing district hopes for tion lawsuit at least once and has a release from court monitoring this focused on Little Rock in a previ- summer. STUDENT ACHIEVEMENT CONCERNS After the July hearing, the judge students attended schools in 1998- expressed some preliminary concerns about the districts compliance with its promises to reduce the . 50 percent, up from 62.9 percent in achievement disparities between 1980. black students and their white peers who tend to score higher on standardized tests. enrollment of 90 percent black or This week's two-day hearing is greater. White students were the expected to focus on that student achievement issue and district efforts. to develop and evaluate programs that reduce the gap between races. Student discipline statistics also are expected to be the subject of ing to the study. testimony, which could see the presentation of more than 500 Little Rock district exhibits. The hearings on Little Rock desegregation compliance are being tended schools with black enroll- held at a time when a new nationd study out of Harvard University says black last year. raci^ segregation intensified in the nations schools during the 1990s, including inlhe South where black black enrollment. The district has Americans make up a larger pro- portion of the population and where percent. there is more desegregation than in other parts of the country. The study concluded that stu- tionwide to a change in philosophy dent achievement and student life are negatively affected by segregat- the mid-1980s, which concluded that ed schools, which offer vastly un- desegregation efforts had failed and equal education opportunities. Racially segregated schools for should be canceled after a few years, all groups except whites are almost Also cited by the researchers were always schools with high concen- three U.S. Supreme Court orders, trations of poverty, which is strong- ly related to poor test-score aver- public schools that allowed that dis- . ages and other educational inequalities. RESEGREGATION CRISIS SEEN Researchers said the resegregation is ironic considering that Amer-
leans increasingly express support for integrated schools. They called private school ehroilment was not. it "a crisis of law, policy and de- ~ ..... mography. The study was conducted by country over the past 50 years, con- Gary Orfield with Nora Gordon. Or- trary to popular thought. 2000-01 white/other 32% black 68% TOTAL ENROLLMENT
25,451 Project of Harvard University and a study does not specifically mention Little Rock, Orfield has testified in ous study. According to the new research, 70.2 percent of the nations black 99 in which the enrollment of members of minority groups exceeded A total of 36.5 percent of black students attended schools with an most segregated from other races in 1998-99, the most recent data available. Whites on average attended schools where more than 80 percent of students are white, accordBLACK ENROLLMENTS IN LR In the Little Rock School District, 20.47 percent of black students at- ments that were 90 percent or more All but a handful of district schools have at least a 50 percent an overall black enrollment of 68 Researchers attributed the growing resegregation of schools na- at the U.S. Department of Justice in that existing desegregation orders including one in Oklahoma City trict to resume assigning students to neighborhood schools that were segregated as the result of residential isolation. Disparate birthrates among different races was also cited as a factor, as were immigration rates, but Researchers said private school enrollment has not grown across theo o CM CM W M D < Judge says evaluation of programs lacking in desegregation case LR School District must explain efforts to raise academic achievement of blacks i
Sadie Mitchell (left), associate superintendent for school services in the Little Rock School District, and Bonnie Lesley, associate superintendent for curriculum and instruction. Arkansas Oemocral-Gazetta/STEVE KEESEE leave the federal courthouse in Little Rock during a break in a school desegregation hearing Wednesday. The two Little Rock district administrators testified during the hearing. BY CYNTHIA HOWELL AND KIMBERLY DISHONGH .ARKANSAS DEMOCRAT-GAZETTE A federal judge said Wednesday that the Little Rock School District has not properly assessed its academic programs that are intended to raise die achievement levels of black students and she wants an explanation from the district. Chief U.S, District Judge Susan Webber Wright is conducting hearings this year on whether the states largest school district complies with the terms of its 1998 desegregation plan and should be freed from more than 40 years of federal court involvement in its desegregation efforts. District officials in March said the district was in substantial compliance with the plan and is entitled to release. But John Walker, who represents the class of all black Little Rock students known as the Joshua intervenors, objected to the districts assertions of compliance, prompting the periodic hearings, including two days in July, two days this week and two days in November, The school district is specifically required by its 1998 desegregation plan to evaluate academic programs each year to see if they are helping to improve the achievement levels of black students, who make up 68 percent of the districts enrollment of more than 25,000 students. If the programs are not successful, the district is obligated by the plan to eliminate or modify the programs, Wright said Wednesday that district leaders had reported in March that the assessments had been done in 15 programs, including elementary literacy, math and science programs financed by a National Science Foundation grant, and the operation of middle schools. But after testimony on the assessments, Wright concluded, I really havent seen any, and she denied a motion by Chris Heller, an attorney for the Little Rock district, to forgo the presentation of testimony by the district, Mr, Walker has gotten to first base in showing the court that the assessments or evaluations have not Soe SCHOOLS, Page 8B Schools Continued from Page 1B been done with respect to these programs on an annual basis, she said. But the judge also said that making the district present a defense does not mean it has automatically lost in its efforts to be declared fully desegregated and released from the court monitoring. It does mean district officials have to come forward with evidence and further explain their work on the evaluation plans, she said. She also directed that the district present evidence on efforts to reduce the disproportionate number of discipline sanctions against black students. While no testimony was presented on the discipline matter by Walker on Wednesday, Wright said she had found discipline statistics in the districts March compliance report to be deficient. Walker is expected to present his case on discipline issues when the hearing resumes at 9 a.m. today. During Wednesdays court session, attorneys for the Joshua intervenors questioned Associate Superintendents Sadie Mitchell and Bonnie Lesley about the program evaluations that the district leaders said in March were done by the district's planning, research and evaluation department. ' Walker asked Mitchell, associate superintendent for school services, if she had seen an evaluation of the summer school program. She did, she said, but it was not in final form. She saw a draft assessment report of the 1999-2000 summer school program for the first time last month. Walker also asked Mitchell about efforts to assist black students who fail core academic courses in overwhelmingly disproportionate numbers when compared with white peers. And he pointed to district data that showed that black achievement on standardized tests had actually declined at some schools between 1996-97 and 2000-01. At Williams Magnet Elementary, for example, black fifth-graders scored between the 51st and 62nd percentile on the Stanford Achievement Test, ninth edition, in 1996-97, but the range had fallen to the 34th and 48th percentiles in 2000-01. Mitchell said a program that created individual achievement plans for struggling students was put in place to address that problem. Walker asked if that program had been assessed. Those results arent available yet, Mitchell responded. He also asked her about assessments of the districts relatively new campus leadership teams, which were established to plan and monitor school improvement. Mitchell said she had seen a report but that it was not in final form. As far as she knows, assessments of several other programs have not yet been written, she answered. I want to know how you review those assessments if they havent been written, Walker said. I dont know that it has to be written, Mitchell answered. I reviewed my checkbook this morning but I didnt write it. Robert Pressman, an attorney for the Joshua Intervenors, questioned Lesley, associate superintendent for curriculum and instruction, about why state Benchmark Exam results from 1998-99 showed that only 8 percent of Little Rock's black students scored at or above a proficient level in math, and only 20 percent scored at or above a proficient level in literacy. Of the districts white students, The instruction for white children and black children is the same in the Little Rock School District. But we all know school is not the only teacher. Bonnie Lesley, when asked about Benchmark Exam concepts 53 percent scored at a proficient or better level in math, and 62 percent scored at those levels in literacy. Pressman asked if she would deny that black children are exposed to fewer of the tested concepts than white children in the districts schools. The instruction for white children and black children is the same in the Little Rock School District, Lesley answered. But we all know school is not the only teacher. Walker had earlier angered school district administrators by requesting copies of all their electronic mail. On Wednesday, over Hellers objections, he submitted excerpts of the e-mail as exhibits to support his contention that the district was not in compliance with the desegregation plan. Several of the messages reflected the high degree of debase, confusion and concern that existed aniong top-level administrators in recent months about the existence of program assessments, the accuracy of test-score data and the establishment of individual student improvement plans. Some of the e-mail included comments of the employees about other employees and even the judge. In one message from Lesley to new Superintendent Kenneth James last month, Lesley wrote that if the judge reads all the districts exhibits {which number more than 500], it should ruin her Thanksgiving and Christmas vacations. Wright took the comments in stride. Ive had lots of Christmases and Thanksgivings with this case, and Im used to it, " she said. "Ive had 11 years of it. Wright said the e-mail exhibits were relevant to the matter of program evaluations and to whether the district was making a good-faith effort to carry out its obligations. She said the U.S. Supreme Court has indicated that a districts show of a good faith effort to comply can be a factor in determining whether to release or partially release a district from federal court supervision.I o .!3.fi 2 =^2 TO 43 c31 o o CM CO CO 3 0 Z3 < g CE U. 73 43 .i CD (11 f t OM , - CZ) M 1 3 CZ) Sg CZ) 4_, fl4 oj j2 "S < S ,3 O S \O c 23 CZ) <L> fe (U 43 3 - U 43 <4 3.^ CZ) CZ) e fi c? o 2 _ te .g O o g fi o P. 2 o o *0 o O bJD g 2 3 4> ^O *0 C\ o (/) R"R _e __. Jj o O rtl fl=3o<N b a o 2^ 2 43 </) <^ u g J) o CM g 3 .& CZ)* cn 5 cj fl CZ) o" - 3 "o C a lu rt aj tq M g 2 & 3 g ? > O & 9 12 "fi 2 5 a T3 o g 3 ) ^2 4J gg fi bo Z'.S" Sp.^:gs3 5:2o-|s.2 5?^ o 2 o -g <U C +- Sig-HS o. S u u c-^ S S h T3 o. 6 > 4a o .^1 2^ SS fl 0^3 (Z> V) <Q S a^ 23 3-S g lyM-. B 3 o u2-B,a .2 2 T3 g 43 Discipline Continued from Page 1B rectives ^d disorderly conduct. At HaU High, for example, 84 black males and 28 black females were disciplined during the first nine- weeks grading period for refusing to follow rules as compared with four white males and one white female. Thirty-six black students at that school were reported as having disorderly conduct, while only four white students were sanctioned for that reason. Wri^t cautioned against focusing entirely on the disproportionate numbers. I dont want anyone to think that this court believes that every disproportionate figure shows race dis- crunination, because Im not saying it does and I dont believe you are either, she said to Walker, who agreed. As we know, children come to school with all kinds of... problems that are not the fault of the school Mitchell said she had investigated allegations of discipline that were out of compliance with the desegregation plan, but that she had not made any modifications to disciplinary guidelines to prevent or detect future violations. Linda Watson, assistant superintendent for discipline, told Walker she had looked at sex and race patterns in disciplinary reports and that she has gathered data from schools, including Hall High. Watson said she had explored what schools did before suspending students and why the numbers of black students disciplined was higher than that of white students. You understand that in the Little Rock School District, theres a history of white kids getting favorite treatment, do you not? Walker asked. Yes, I understand thats why were in this case, Watson answered. Walker said black children are disciplined more harshly than white children, even when theyre disciplined by a black teacher. CCS fl fl .4__. O '7> bj w)2 +J o o 2 33 3 Td g e S fi ? U xOO rt SJSfl.fl O f'35 3 S' s O " go"" O.nS.a." .3 .g o 3 -5 O '2 Q - (/} <J C o .2 2 u g - "2 .fi S 2.fi 5 &2 o S.2f a Sa rt !'S3bo2S-
.fiS^o2 -W 2S'fi o o,wo gen S.'S 2^ Q 2 H fi.S S223 S 2Snlu43 43 2(2^43(y2' 2 a 0.2)0 gen . w u ,-.3 o-ois c sat 2 S g-g-2,S O -g 5Z) tz> 0) 2 4- CZ) 2 S*' S? 13 CZ) district, the judge said. But Walker said the district is ob- o) woy g S TO S.-S2 3 S.2 O - U 52 2'g 2:^ g.. - -g S .g 2 " .g>.S p S )3,2 2 > 2 rt.a u fl a 2 u w a lu (/) o 3 I (A U 3^3 C co U Ui B w 5.^ f 33 y-s -------------- So what were trying to do is ligated to examine its practices when change the culture, arent we? Where cle^ patterns arise.------------------------black kids, and especially boys who are thought to be troublemak^, are 43 O nj s c <3 (Z) <Z) TO <0 At Central, two blacks and two whites were disciplined for refus- being treated better than they ing to follow directions. It is incon- 1 --------- gruent for that number whether the students are black or white to be 118 at a smaller school. Thats an are being treated, isnt it? Walker asked. ,_ .-g^.fi2g"-SS ii S* - 2 o .ss >,43 -.3 o S " Cm mB*-" u !2T3'fiJSu-Q'S 0 ~ ^'S __ a T3 area of exploration for the [district], Were trying to change the pattern of discipline overall for all children, Watson said. OJO.fi "> 5 3 s d .c o bo 5'S>2--a I (A 2 2 o 2 g 01 'S c - ss a-s I She said the district has no spe- said. cific plan to address disciplinary The judge said the overall dis- patterns regarding black stuHent.
trict discipline numbers have shown - , . The desegregation plan also some promise of improvement, if quired hiring an ombudsman __ not at individual schools. employee named James Washington to be an advocate for stu- Maybe, Walker responded, but ___ ____ is there promise in respect to black dents and parents, boys? That number seems to always go through the roof. re- an "ti 2 "n i^.^cz)^i_.c^*l^fl SO^3a<'gl2"a3^2ga'* Iw Z u Q CJ n V) u P </) cQ U .iS"?! w I I CZ) fi Walker asked Washington if his position is weakened by its enor- . .------------ mity and its lack of support staff, nutted m its desepegation plan to Washington said his job was very malyzing disciplinary trends and challenging, but I wouldnt call it implementing policies that would weak. Walker said e district had com- reduce disparity between black and white students. He asked if Sadie Mitchell, associate superintendent for school ser- He also said some administrators resent his investigating complaints at their schools. ( ) 2 (fl >>tt g PiH u.*- 25 fiu g-saH.sls.3 -B-- u H "7? e I i? WJ 9- S ' (Q 'yj Q Om TO .jj (U fl o fi CZ) U O - .---------- When asked if the district had vices, could show him written poll- developed the regnirpH individual cies and procedures that would do behavior modification plan.
for stu- that. She answered that she could dents who frequently misbehave, not show them to him, but that they Washington said he had no knowl- do exist. edge of such plans.August 14. 2 0 0 1 Dealing with John Walker The Little Rock School District is very close to completing the long journey toward a separation from federal court jurisdiction. This win be welcomed by all of us, especially the North Little Rock School District and the county. The only brick wall in the way is John Walker, Esq., and the administrators of the LRSD. As Christ said, the poor will always be with us. The same is true about John. He can play the district like a fiddle. He will always ask for records and they will always not have them. He will keep billing and we
will pay. With an 85 percent and up black enrollment in the LRSD, there will always be more blacks than whites sent to the principals ofifice. With family life a controlling factor, there win always be some blacks and whites [who] win not be fully attuned to school goals. If people are paid to monitor this, they should. lA^at to do? Use the Office of Desegregation Monitoring and Ann Brown to the fullest. Get the records John needs and quit the whining. Assign some of the administrators, a team, to John to monitor what you say you will monitor. Last but not least, get on with educating the children. FLOYD hickerson North Little RockThursday, August 16, 2001 Arkansas Democrat WQ^Azette Judge lifts deadline for LR schools I Deadline to. 1 a Continued from Page IB meet lawyer s document requests ***^'***^ BY KIMBERLY DISHONGH ARKANSAS DEMOCRAT-GAZETTE Chief U.S. District Judge Susan Webber Wright granted the Little Rock School District a reprieve late Wednesday from the deadline it would otherwise have had to meet in responding to Information requests from an attorney representing black students In the desegregation lawsuit. Attorneys for the district asked the judge for an emergency hearing and for an order of protection after John Walker who represents the class of students known as the Joshua intervenors filed requests under the states Freedom of Information Act with each of the disJohn Walker Susan Wright have to review all the e-mails and correspondence for three years and take out any Information that would be covered by the Federal Educa-tlon Records Privacy Act." trict's 521 The di principals Monday, llstrlct ssaaiidd aaccccuummuulating the information was taking time away from principals who were trying to get ready for the school year that starts next week. Walker has asked for the information so he can prepare for desegregation hearings this fall. Wrights order Wednesday says a telephone conl^erence will be arranged to address the issue. The school district told the judge Wednesday that Walker's use of the FOIA to conduct discovery is intended to annoy, oppress and unduly burden" the school system. Attorneys argued in the motion submitted Wednesday that Walker was given access earlier to all of the e-malls of each associate superintendent, including e-mail between them and principals. The problem here Is two-fold," said Clay Fendley, an attorney for the school district. Hes asked for all e-mails and all correspondence, and we only have three days to re-jSpond, In order to respond well That act would cover student names and specific disciplinary or academic Information about those students, Fendley said. Reached by phone early Wednesday evening, Walker said school attorneys could have called him and obtained more time to produce the documents. "I dont like to comment about existing cases, but I received an anonymous call that the district was trying to destroy Information," Walker said. "I wanted to be sure to get the information before it was destroyed." Generally, public records requested by the Arkansas Freedom of Information Act requires an agency to provide materrli al imme-dlately. If the material is being used or Is in storage, a public agency generally has up to three days to proSee DEADLINE, Page 10B Walkers request included copies of all e-mails and written correspondence between princi-pals and other school personnel between March 1,1998, and June 30, 2001. He asked for copies of plans developed by their schools regarding discipline, grades, transportation, extracurricular activities, remediation of achievement activities, participation in gifted and talented, honors and Advanced Place-ment courses, and i special education cl participation in Hasses
and doc-uments reflecting the evaluations, appraisals and assessments of pro-grams, policies and procedures Implemented In the last three years. Walker also asked for copies of all reports regarding the success or failure of programs, policies and procedures in which the principals recommended changes to district administrators. The district's motion calls the requests "overbroad" and asks that Walker be required to narrow It and to grant the district 60 days to respond. "Princlpais need to be preparing for the start of school on Aug. 20, 2001. the order states. "It will be Impossible for them to comply with Joshuas FOIA request and also adequately prepare for the start of school. Most classes start Aug. 23, but teachers report to their schools before that. Wright is presiding rles of hearings that bej over a splearlngs began In July and were hela for two days in August. Another two-day hearing Is set for November. She la to deter-mine whether the district has complied with the terms of Its 1998 Desegregation and Education Plan. Compliance would release the district from more than 40 years of federal court involvement in the desegregation of Little Rock schools. Little Rock school officials told Wright last March that the district was in substantial compliance and asked her to end the district's role in the 18-year-old desegregation lawsuit. Walker, who had agreed to the terms of the desegregation plan three years ago, objected to the district's assertions of compliance. Attorneys and district officials told Wright that In the weeks leading up to the most recent hearings, Valker had sent as many as 20 let-ers to each of several administrators, asking for multiple pieces of information. Walker has asked for items such as student test scores dating back to the early 1980a, quarterly reports, memoranda, meeting minutes. Individual school newsletters, videotapes of employee training sessions, and printouts of the electronic mail sent and received by past and present superintendents and their top-level staff members, f Printing the e-mall required as any as seven or eight reams of paper per administrator, attorneys tor the district told the judge. Saturday, August 18, 2001 Arkansas Democrat (l^azetk School attorneys told to communicate Wright declines to hold Walker in contempt, warns Fendley about evidence .BY KIMBERLY DISHONGH , ARKANSAS DEMOCRAT-GAZETTE Puring a telephone conference Friday, Chief U.S. District Judge Susan Webber Wright told attorneys for-the Little Rock School District an4 an attorney representing black students in the desegregation law- suit to work out their differences regarding requests for information. ,Wright refused to rule on a motion filed by the district Thursday asking that Walker, who represents the black students known as Joshua intervenors, be held in contempt for violating the Arkansas Rules of Professional Conduct by contacting district Officials without attorneys present. She said the district violated a I court rule by not talking to Walker before filing the motion. "Thats our local rule youre supposed to talk to each other first," she said. Im not going to say anything other than that, if he has violated that, you have also'misrepre- sented to me something you did or did not do, so Im going to call it a draw. Walker denied violating the rules of conduct, but Wright reminded everyone she could not hold an evidentiary hearing during a phone conference. Clay Fendley, an attorney for Little Rock Schools, said the districts violation was the result of miscommunication between him and another school attorney, Chris Heller. He and Heller thought the other already had contacted Walker before they filed the motion, he said. In the event that you are not able to work it out with Joshua, you may refile your motion, the judge told school attorneys. School attorneys asked the judge Wednesday for an emergency hearing and order of protection after Walker filed requests under the Ar- ksmsas Freedom of Information Act with each of the districts principals Aug. 13. Generally, an agency must allow access to public records immediately on request. If material is in use or storage, an agency generally has up to three days to provide access. Wright granted the district a reprieve from that limit Wednesday, pending the phone conference Friday. On Friday, Walker told Fendley the district could have more time 15 to 20 days to process information. Walker requested correspondence between principals and other personnel between March 1,1998, and June 30, 2001, on discipline, grades and extracurricular activities, among other things. He also sought evaluation reports. The district argued that responding would take time away from preparing for a new school year. Wright is holding hearings off and on through early fall on whether the district has followed its desegregation plan. Compliance would end court supervision of Little Rock schools. Walker has objected to the districts assertions of compliance. Keep in mind, Mr. Walker, that I realize you have the burden of proof on this, but I think youve put in some pretty good proof already, Wright said. You dont need every shred of evidence. Walker said a district employee 'who regularly calls, without identifying her name, informed me that there were efforts made to destroy documents. Wright warned against destroying evidence. If they destroy evidence, I will assume that was prejudicial evidence, she said. And I will tell you right now, Mr. Fendley, surely you know that your client is not to destroy evidence. Dont you, sir? Fendley answered that he did but then asked what exactly would be considered evidence. I dont know whether it is or not, but if there is something that has been destroyed ... after Mr. Walker has asked for it, and then destroyed in response to his request for it. Im going to make an adverse inference, do you understand? Wright responded. Wright told Fendley that if some-^ thing were destroyed after a request had been made, You do that at your peril. I can assure you thats not happening, Fendley replied. t'. 0 t- <1
. \ September 2 8, 2 0 0 1 Racial gap on exam worries board member BY CYNTHIA HOWELL ARKANSAS DEMOCRATttAZETTE Little Rock School District scores on the states benchmark exam last spring improved over previous years, but the achievement gap between black and white pupils prompted one School Board member Thursday to wdth- draw his support of district efforts to be released from its federal school desegregation lawsuit. This is quite of alarming for me, especially the disparity between the black students and the white students, Mike Daugherty, one of two black board members, told his colleagues after a presentation on the scores. For me, formally, Fm withdrawing any consideration for support of the districts attaining unitary status. Earlier this year, district officials told a federal judge that the district has complied with the terms of its 1998 desegregation plan and asked to be released from further court monitoring of that plan. Chief U.S. District Judge Susan Webber Wright is holding hearings on whether the district should be declared unitary, or fully desegregated to the extent practicable. The next hearing is set for November. John Walker, an attorney for black students, is opposing the districts efforts to end the case. Other board members questioned Bonnie Lesley, the districts assistant superintendent for curriculum, about the disparities and the effectiveness of the new math curriculum. Lesley said the scores for both races reflected improvements at a time when district teachers were in the early stages of learning and implementing new math and literacy instructional programs. Superintendent Ken James said the district will be able to show the judge that student achievement is improving and that the district is complying with the spirit of its desegregation obligations. Board member Judy Magness said the plan does not require the district to close the achievement gap. Fewer than 25 percent of Little Rocks black pupils in grades four and eight scored at proficient or advanced levels on the state-mandated benchmark exam in literacy and math. More than 60 percent of white pupils scored at proficient or better levels on most sections of the test. Students who score at a proficient level are considered to be achieving at their grade level. Eighth-grade math was the most difficult test for all students. Only 4 percent of black eighth-graders scored at a proficient level on the math test, which is made up of multiplechoice and open-response questions. Forty-five percent of white eighth-graders scored at a proficient or better level. Little Rock pupils did their best on the fourth-grade literacy test with 63 percent of the districts whites and 23 percent of blacks scoring at a proficient or better level. Statewide, 51 percent of whites and 21 percent of blacks scored at a proficient or better level. Although the best results were posted on the fourth-grade literacy test, that was the only test where both Little Rock students and students statewide showed a decline when compared to the 1999 test results. Little Rock students scoring at a proficient level dropped 7 percentage points from 42 to 35 percent in 2000. WEDNESDAY, OCTOBER 3, 2001 Arkansas Democrat (gazette Hearing set in LR School District contempt claims BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE Chief U.S. District Judge Susan Webber Wright has scheduled a hearing for 9 a.nL Oct. 16 on a Little Rock School District Walker represents black Stu- HellerandClayFendleyJr.com- lated the judges order. They ap- members said. , trict operations. .
dents in the Pulaski County plained to Wright that Walker peared in Associate Superinten- Fendley said Walker was us- Walker wrote Wright that the school desegregation lawsuit Lit- sought documents directly from dent Bonnie Lesleys office that ing the Freedom of Information lawyers are trying to limit tie Rock school officials told district employees and was not day seeking Lesleys vitae and Act as an excuse to harass and monitoring of the district in Wright in March that the district making requests through attor- supporting documents for items intimidate district personnel He hopes of accelerating the end of has complied with its desegre- neys. listed on the agenda of a coming asked the judge to levy sanctions the desegregation case. On June 29, Wright said Walk- School Board meeting. against Walker, stop Walker from In other words,Keep Walk- ' 'The staff provided a copy of any communication with district er out of the schools and the case request to hold civil rights gation plan. Walker who _ lawyer John Walker in contempt agreed to terms of the plan three er was entitled to get informa- The of court for violating court or- years ago objeefed, prompt- tion through the states Freedom Lesleys resume which had personnel and order Walker to will end. he said. They are ders on the process he should ing compliance hearings and of Information Act, but if he been sent to Walker previously submit written requests for in- badly mistaken. The rule of law use to acquire documents from dashing district hopes for release needs to talk to one of your but then Walker and Springer formation to school attorneys. governs rather than the identity the school system. from court supervision last sum- clients, he ought to go through said they wanted a more detailed In response. Walker asked the of the litigators. L The hearing comes as Walker mer. Wright has been holding a you, so you will know what your version listing professional arti- judge to dismiss the complaint. The Little Rock district and the district ate at odds over series of hearings on compliance client is saying to Mr. Walker. cles and research. While in the He said no court order bars him sought a contempt citation tn argnirp dnniments hnpps but then Walker and Springer g from court supervision last sum- said they wanted a more detailed In response. Walker asked the version listing professional arti- whether the school system should throughout the year. Hearings and the district ate at odds over series of hearings on compliance client is saying to Mr. Walker. ------------------ _ . ................................. . In an Aug. 23 motion asking building Walker also walked from appearing on school dis- against Walker once before, m be Steed from more than 40 years resume Nov. 19-20. ' for the contempt citation, Fend- into other offices and thumbed trict property and that he was early August, but Wright de-, Throughout the summer, ley told Wright that Walker and through materials on tables and directed by the Sth Circuit Court dined to rule on that motion at school district attorneys Chris his associate Joy Springer vio- tops of file cabinets, district staff ofAppeals to monitor school dis- the time. of federal court involvement in its desegregation efforts.0 c t o b e r 4. 2 0 0 1 Think about it N OT EVERY member of Little Rocks school board wants to get the district out of federal court and accompanying legal fees, red tape, and frictioiL Just think of all the money that could be spent on education instead of litigation if the school district could finally satisfy the court that its obeyed the law. But one board member is thinking about something else: the persistent gap between the test scores of black and white students. After hearing that scores in general had improved for both, but a racial gap remained, Mike Daugherty changed his mind about trying to get the district out of court hearings and all the acrimonious exchanges and big legal fees that go -with making every little thing a federal case. To quote Mr. Daugherty after he looked over the test scores: This is quite alarming for me, especially the disparity between the black students and the white students? Its alarming for a lot of us when kids dont achieve as much as wed like them to, whatever their color. But how will leaving them to the courts help? At the risk of pointing out the obvious, it was during all these years in court that the racial gap was not closed. Nothing the courts could do has eliminated it, and this disparity may not be so much a racial gap as one between rich and poor, and between kids from strong families and those without. We dont say that to excuse it, just to understand it Whatever the roots of this difference in test scores, if the courts havent eliminated it by now, what makes anybody think they can do better in the future? And would we want it eliminated if that meant lowering the test scores of all students to abysmal? An imequal progress is better th^ than an equal ignorance. Instead of helping to close this gap between black and white kids on average, an exclusive emphasis on race may ly exacerbate it What ought to concern is the sheer number of kids who are loson- ing out on an education regardless of then- race. Why not try something newlike school vouchers for kids trapped in under-performing schoolsso they can go to the best schools available? As for the worst schools, they would have to improve or be shut down. Just the way under-performing private and charter schools do. Why not take the money that has gone for lawyers and legal supervisors and red tope in general during all these years, and invest it in more and better teachers instead? Or teachers aides and after-school programs? And more individual attention to each and every child in the district, so that no child is left behind? Or would that be unspeakably sensi- ' ble? 1Judge quells feuding in desegregation case School district drops contempt request October 9. 2 0 0 1 BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE Six weeks from what could be a final court hearing on whether the Little Rock School District complies with its desegregation plan, a federal judge has stepped in to settle squabbles between attorneys for the district and the class of black students known as the Joshua intervenors. In an impromptu court hearing and two written orders in recent days. Chief U.S. District Judge Susan Webber Wright attempted to clarify the rules under which attorneys for the intervenors can visit schools, talk to district employees and collect district documents, including copies of electronic mail written by district employees. The judge also canceled a hearing set for Oct. 16 on a Little Rock district request that John Walker, an attorney for the intervenors, be held in contempt of court for violating earlier court orders on how he is to acquire district information. And she relieved the Joshua intervenors from having to respond to the bulk of written questions submitted to See DISPUTES, Page 5B Disputes Continued from Page 1B them by the district. The feuding between the parties in the desegregation lawsuit comes as they are preparing for hearings Nov. 19-20 that could lead to the judge releasing the states largest school system from more than 40 years of court supervision of its desegregation efforts. District leaders last March told Wright that they comply with their 1998 desegregation plan and are entitled to release. Walker has challenged the districts contention that it complies with its plan. His objections prompted a series of court hearings that began last summer and wUl resume in November. In the hearings. Walker bears the biur- den of proving the district is out of compliance. Clay Fendley Jr., an attorney for the Little Rock district, said Monday that he asked Wright to cancel the contempt hearing after she clarified last week what Walker can and cannot do in regard to collecting information from the district. He said that was the purpose of the request for the contempt charge. In an Oct. 3 order after a short hearing Oct 2, Wright said Walker and other attorneys for the intervenors can continue to visit schools to monitor desegregation without giving notice to attorneys for the district. However, if the Joshua attorneys wish to communicate with district employees, that must be done through school district attorneys, the judge said. Wri^t is allowing school district directives to stand that allow the district to charge for some document requests under the state Freedom of Information Act and the elimination of employee e-mail after 15 days. Wright said district attorneys as- sured her that the Freedom of Information directive applies to any person requesting more than 25 pages of information and not just to the Joshua intervenors. The charges are based on a page count and can be based on employee time spent responding to the request if it takes more than two hours to assemble. IOctober 1 8, 2 0 0 1 District warned to prove report Judge: Qaims it met requirements for desegregation seem untruthful BY CYNTHIA HOWELL ARKANSAS DEMOCRATCAZETTE A federal judge warned Little Rock School District officials Wednesday that they better focus on proving the accuracy of their March 15 desegregation compliance report to her and stop complaining about attorneys for the black students who are intervenors in the 18-year- old desegregation lawsuit. In a sharply-worded, three- page order, Chief U.S. District Judge Susan Webber Wright said it appears that a March report on desegregation compliance in the states largest school system is not entirely truthful. She said the inaccuracies, if they are sustained after a court hearing next month, will jeopardize district efforts to be declared desegregated, or unitary, and released from nearly 45 years of federal court involvement in district operations. In the March 15 report. Little Rock district leaders said they had complied with the 15)98 desegregation plan and are entitled to be released from federal court supervision. John Walker, an attorney for the class of all black students known as the Joshua intervenors, challenged the districts assertions of desegregation compliance. As a result, Wright scheduled a series of hearings this year on the issue. The judge didnt specify what she considered inaccuracies in the report, but Walker has accused the district of not evaluating programs designed to reduce test score disparities between black and white students. Walker presented his case See WARNING, Page SB Warning Continued from Page 1B against the district at sessions in July and August. The district will present its defense at a hearing set for Nov. 19-20. Wright said in her order that Walker had presented evidence contradicting information published in the districts March report. The court anticipates that [the school district] will present evidence that the representations in the compliance report are accurate and truthful, Wright added. But she warned that if she finds that the compliance record is mixed, the districts truthfulness or show of good faith to comply with its plan could determine whether it wins release from court supervision. Ken James, the new superintendent of the Little Rock district, said Wednesday evening that the district must present its best case at the November hearing and allay the judges concerns. He said he doesnt expect the district to withdraw its request for unitary status. To date we have not had an opportunity to present any side of our case, James said, Tm confident that we will be able to present good information to the court. Im looking forward to having our day in court to put forth the evidence that the districts staff has worked so diligently to put together. Chris Heller and Clay Pendley Jr., attorneys for the school district, could not be reached Wednesday for comment on the judges order. Wrights order was triggered in part by the increasingly acrimonious relationship between the school district and the Joshua intervenors. Walker raised the ire of district officials with repeated requests for documents, including the e-mail of top-lev- el administrators and more recently, school principals. School district attorneys responded with their own requests for information to Walker, but the judge has since said Walker did not have to respond to many of the requests. The November hearing will focus on the districts compliance, the judge said. There is no reason to obfuscate the issue by complaining about Joshuas activities. Joshuas activities are not relevant unless such activities related to the trustworthiness of evidence presented by Joshua, she said. Earlier this month, after complaints about Walkers e-mail requests, Wright gave district leaders the option of limiting the proof of their desegregation compliance to the March 15 deadline, or offering evidence gathered beyond the March date. If they offered evidence developed after March 15 they also would have to give Walker all the requested e-mail written since that date, the judge said. Pendley and Heller selected the March 15 deadline for evidence but objected, saying the term of the desegregation plan did not expire until May 31 of this year and that compliance efforts after March 15 could constitute a show of substantial compliance. The districts plan requires it to show substantial compliance. Wright said Wednesday that the district could have chosen to present evidence of compliance beyond March 15 but rejected the opportunity. She said that if the districts request for unitary status is denied, the district may eventually file additional motions in support of unitary status that might include activities that occurred after March 15.rr.
Novembe r 13. 2 0 0 1 School district objects to testimony Attorneys also question judges impartiality in desegregation ease BY CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE A week away from a court hearing to determine whether the states largest school district complies with its desegregation plan, attorneys for the Little Kock School District are objecting to potential testimony from court- appointed desegregation monitors and questioning the impartiality of the judge who has presided in the case for 11 years. Attorneys for the school system, in a motion filed Friday, want Chief U.S. District Judge Susan Webber Wright to bar testimony from federal Desegregation Monitor Ann Marshall and at least two associate monitors at a court hearing set for Monday and Tuesday. The attorneys also questioned whether conversations between Wright and the monitors outside the courtroom about the school district jeopardize the districts right to an impartial hearing. Next weeks hearings are the third and possibly final set on whether the district can be released from more than 40 years of federal court monitoring over desegregation. The district says it has followed its 1998 desegregation plan, but an attorney representing black students disagrees. Marshall was appointed to head the Office of Desegregation Monitoring by Wright in 1991. The office was established by the 8th U.S. Circuit Court of Appeals to assist the judge in evaluating school desegregation efforts in all three Pulaski County school districts. The office is danced by the districts but monitors report to Wright. The chief monitor and associate monitors Margie Powell and Gene Jones have been called as potential witnesses by John Walker, an attorney who represents black students in the district, known as the Joshua intervenors. Marshall has said publicly that the district was not ready to be declared unitary or desegregated to the extent practicable, attorneys for the district told Wright in their motion. The attorneys accused Marshall of stepping outside the bounds of her job and aligning herself publicly with the position of the Joshua intervenors. Chris Heller, an attorney for the district, said Monday that Marshall had made the remarks about Little Rock at a meeting several months ago with Arkansas Department of Education officials concerning a settlement of desegregation issues that existed between the district and the state. Marshalls office was closed Monday because of a federal holiday. Efforts to reach her at her home were unsuccessfuL The main point is that it puts us in an untenable position to have this case come down to a question of whether the court believes the people who are described as an arm of the court or whether the court believes the LRSD witnesses, Heller said. Walker on Monday called the Little Rock motion an attempt to force the judge to either disqualify herself from e case or to make it appear that the judge is so partial to the Joshua intervenors that she can not rule fairly. Walker said he had not heard Marshall state opinions on the Little Rock districts degree of compliance. He also said Marshall and her staff had testified in previous hearings in the long- running desegregation lawsuit I without objections from the Lit- 1 tie Rock lawyers. Chris Heller cannot have it both ways, Walker said. He cannot say its all right when the Office of Desegregation Monitoring is favoring his position but its not all right when he thinks the [Office of Desegregation Monitoring] is going to oppose his position. 1 1 3o o CM i Judge: LR desegregation monitors can testity BY CYNTHIA HOWELL <i> E 0) > o z ARKANSAS DEMOCRAT-GAZETTE Federal monitors will be allowed to testify if they are called to the stand next week in a court hearing on whether the Little Rock School Districts desegre- gation efforts warrant its release from more than 40 years of federal court supervision, Chief U.S. District Judge Susan Webber Wright said Tuesday. Wright denied a request by attorneys for the Little Rock School District to bar staff members in the federal Office of Deselection Monitoring from testifying if called by an attorney representing the districts black students in a 19-year-old school desegregation lawsuit. John Walker, an attorney for the class of all black students known as the Joshua intervenors, opposes the district being released from court supervision. He has listed three court-ap- . pointed monitors as potential witnesses for the hearing set for Monday and Tuesday. The hearings will be devoted primarily to the districts defense of its desegregation efforts. Chris Heller, an attorney for I chances for an impartial decision from Wright. Wright said Marshall and her staff have testified numerous times and that sometimes that testimony helped the school district The judge acknowledged that she has talks with Marshall about the monitoring work talks which arent subject to public disclosure but she said she decides issues in the lawsuit strictly on the evidence presented in court. Wright said she did not recall Marsh^ providing her with any evidence on district desegregation compliance in regard to hearings this year as the burden of proving the districts noncompliance rests with Walker. She also said that Marshall is not a lawyer and cant testify on the question of whether the district is unitary as that is an interpretation of law that must be decided by a judge. Wright said attorneys can treat Marshal as they would treat any witness, and even attempt to discredit her testimony, but she has instructed attorneys to focus on defending the districts compli ance efforts, particularly the dis tricts efforts to evaluate the sue cess of programs to improve stu dent achievement and reducin) the disparity in the disciplinini of students of different races. Heller said he plans to mee with Marshall today to ques tion her about her possible tes timony next week 1 the district, told Wright that permitting the monitors to testify puts the district in the awkward position of possibly challenging Ihe testimony of people who ' report to the court. Heller and other district at- ^tomeys have accused Desegre- gation Monitor Ann Marshall J of siding with Walker by stating publicly several months ago that i the district is not ready to be " declared desegregated. Marshall said Tuesday that she couldnt recall making any such state- L ments. y School district attorneys al- so have questioned whether pri- vate conversations between L: Wright and the monitormg staff * have jeopardized the districts ife I v.f SATURDAY, NOVEMBER 17, 2001 LR schools ask judge to quit case
she stays on BY KIMBERLY DISHONGH AND CYNTHIA HOWELL ARKANSAS DEMOCRAT-GAZETTE Attorneys for the Little Rock School District asked a federal judge who is set to decide whether the district can be released from court supervision to disqualify herself Friday on the basis, in part, of a remark she reportedly made about the case nine months ago. The district fried its motion CnkAnlA plan. She also said she hoped W11 w UI w die district could be released _ . from court supervision, but said Continued from Page 1B the compliance hearings have ly, filing a seven-page order at not gone well for the district, about 6 p.m. in which she re- However, she pointed out she fused to step down from the case has not made any decisions, that she has presided since 1990. Given th e ti mi ng o-f t.h e -[dis-. th.is. o rder _x s wntten in haste txrxxic.,kt OsJ] mxvo ltiiuoinli, 9sVoXm11Ce CeiXgghlltl and IS therefore subject to months after the filing of the amendment, Wright wrote, compliance report and four However, the motion of the [the months after the hearing began, School District] is the court must assume that [the demed. district] requests disqualifica-ine tlurry of court filings tion as part of a strategic and tac-came Friday afternoon preced- tical plan to delay its obligation mg a two-day hearing that will to come forward with proof to begin at 9 a.m. Monday, when rebut Joshuas proof, and to preschool district officials plan to vent this court from ruling on eir compliance with the the issue of unitary status, 1998 desegregation plan. They Wright wrote in Fridays rul-have argued that the school sys- tern deserves to be released from mg. ------------------- Superintendent Ken James more than 40 years of federal said Friday evening that the dis-court involvement with their de-to remove Chief U.S. District Judge Su-san Webber Wright Heller Wright from the 19-year-old Pulaski County school desegregation lawsuit at 4:45 p.m., minutes before the federal courthouse closed for business. In the districts motion Friday, its attorneys cited a Feb. 9 report in the Arkansas Times. Accord---------------- tricts intent was not to delay segregation efforts.----------------------anything at all. He said the fil- Chris Heller, an attorney for ing was based on Marshalls dep-the distnct, said Friday night that osition taken by attorneys Tues-the distnct would not ask the Sth day. U.S. Circuit Court of Appeals It was not a decision we at St. Louis to stop Mondays came to easily, but it was one we hearmg. He said district officials felt we had to pursue at this are ready for court and can prove time, James said. Marshall, the federal monitor, Heller argued m the districts would say little Friday about the motion to disqualify Wright that districts complaint. whAn ckA Fk. comment Ln The Little Rock School Dis- February, she had no reason to tricts motion contains many in-believe the district was not in accuracies and selective omis-compliance. He noted that the sions, said Marshall, who has district had filed a preliminary held her position since 1991 "I compliance report a year earli- think the judges order speaks er, and no one objected. Further, for itself. the federal Office of Desegrega- John Walker, an attorney for tion Monitoring which helps the class of black students the judge assess desegregation known as the Joshua intervenors efforts had not written any re- in the lawsuit, said Friday night ports saying the district was not that there was no basis for the P''^ce. district's position that the judge The attorneys also cited in- is biased. when she made the m It was not a decision we ing to the article, Wright "volunteered that there was no end in sight for the public schools entanglement in a federal court desegregation lawsuit." Wright acknowledged but did not admit or deny the accuracy of the article. In an unusual move, Wright responded almost immediate- See SCHOOLS, Page 7B stances that Desegregation Mon- I.:__ Ixx.xx,L.e, ,,xv.x.xo Av/ui itor Ann Marshall had told top- a compliance report the dis-level adnunistrators and others trict filed on March 15. Walker that the district was not ready to objected to the districts con-be removed from court super- tention that it has met its de- Mondays hearing stems from vision. segregation obligations. The attorneys said private ., conversations between Wright Walker argued then that the dis-md the court-appointed federal trict did not evaluate programs desegregation monitors outside for their success in reducing the courtroom about the school achievement disparities between district jeopardize the district's black and white smdents, nor did impartial hearmg. it meet obligations in regard to Tuiere is a reasonable basis student discipline. He accused to believe either that the feder- the district Friday of attempting al monitor has influenced the to vilify a judge who has for court with regard to the ultimate the most part treated the states issue of the LRSDs unitary sta- largest district favorably over the tus, or that the Court has influ- years, enced the federal monitor, the The hearing began in July. . ------------. Im not defending Judge school district s attorneys wrote. Wright because she needs no de- In a motion filed last week, fender, but it is certainly inap- fltXnmpvc aclrorl fhoi- j-kz> -aa j_i._ r xc _ j- x. . a , , ,-------.-------- *vuuc.i, uui XI X9 ecxidiiiiy lliau-the attorneys asked that the tes- propriate for the district to file timony of Marshall and her staff this motion at the last moment, be barred from next weeks hear- he said. ing. The judge denied the mo- __ u . tion, Wright advised district rep- We thought it was inappro- resentatives to redirect their en-priate for them to testily against ergies to proving that the district In ruling on the districts mo* xL T 1 n ,-------pxwixig uxai UIC UX9U1V.I the Little Rock School District should be declared desegregat-nonn tt-hkeo i>s<s<<u,laex of ouvnaSiXtaaar^ya s..XtaaatXu..s_ or e_ dJ. DO even abo,u t the distric. t o--n-- -t-h--e-- i-s- - The [district] has suffered sue of unitary status since theyre recent adverse rulings ... which obviously close to the court, indicate that the [district] needs fbey re an arm of the court, to focus on the issues before the 1J L Friday night. We court, i.e., the accuracy and truth-would have had to attack their fulness of the compliance recredibility and try and discern port, Wright wrote. any biases they might have, and "The [district] may harbor that, we aigued. is very much like fear that its 'litigatory milk is opposing the court itself. about to curdle,' she added In her order Friday, Wright "The LRSD's sudden fear, said all the statements allegedly whether justified or not, does made by her and the monitors not provide good reason for this occurred before the district sub- court to recuse. The hearing will mitted its March 15 compliance go forward. LR schools look to end decades of supervision BY CYNTHIA HO WELL ARKANSAS DEMOCRAT-GAZETTE the states largest school district routinely uses student test da- When a Little Rock public ta to assess, adjust and readjust school wanted to be excused curricula as a way to improve from starting a reading-writing student achievement just as workshop class that is required the terms of the districts 1998 at other middle schools, school desegregation plan envisioned. We try to be data driven in system officials checked the schools test scores and de- our decision-making at every nied the waiver request. opportunity, particularly as perLittle Rock School District formance affects African-Amer- officials also saw sagging test ican achievement, Lesley told I olamantiFV <?h i<f T T.^ Dj SttlCt Til H PP S11 - scores at some elementary Chief U.S. District Judge Su- schools that were operating an san Webber Wright at the re- altemativp literary program and Sumption of a periodic hear- urged leaders at those schools ing on the school districts ef- with predominantly black en- forts to comply with its deseg- rollments to check the data for regation plan. The hearings have themselves and make some focused in particular on reviews changes. At least two schools of programs and student disci- ultimately abandoned the pro- pline practices. gram. Weve embedded the im- Bonnie Lesley, associate su- portance of using data and perintendent for curriculum, analysis into determining the told a federal judge Monday that See SCHOOLS, Page 8B Schools Continued from Page 1B er than those he raised earlier. I realize that, Wright said. I let you put on evidence on what they didnt do. Ill let them effectiveness of programs as we put on evidence on what they've make decisions about funding done. and continuing them, Lesley said. School district attorneys gave the judge some 20 notebook Wright this week is holding binders of documents in sup- the third set of hearings on the port of their compliance as- districts request last March to sertions. Many of the binders, be found unitary, or fully de- with labels such as School Im- segregated, and released from provement, "Middle Schools," more than 40 years of federal Communicating Best Practices court involvement in desegre- and "Planning for Program Eval- gation efforts. Most of this weeks hearing, es thick. which will resume at 9 a.m. to- nations, are five to eight inch- The hearing on the districts day, is intended to give school efforts to improve the achieve- system attorneys a turn at con- ment of black students by using vincing Wright that the dis- effective programs and on dis- trict is in compliance. cipline practices could end to- At hearings in July and Au- day, although Wright has set gust, attorney John Walker, aside time for more hearings who represents all black stu- in January. The judge told the regated to the extent practical and released from further court supervision. To resolve an earlier dispute among the parties, Wright said several weeks ago that March 15 had to be the cutoff date for data and reports on unitary status. When questioned about that Monday, she said that if she should find that the district is not unitary and if Im not disqualified, she would expect the district to eventually renew its request for unitary status motion with postMarch 15 information to back it up. Also Monday, Linda Watson, the districts assistant superintendent for discipline, and James Washington, a district ombudsman who serves as an advocate for troubled students, dents in the district, objected attorneys she will ultimately ask said they did not see system- to the districts release from them to file post-hearing briefs atic discrimination in the dis- court monitoring. He present- on the issues, making a ruling trict as a reason for the dis- ed evidence that district offi- from bench at the conclusion of proportionate numbers of black cials did not evaluate nearly a testimony unlikely. students who are punished each dozen programs for their effectiveness in improving the The demeanor in the full year. Black students receive about 85 percent of the disci- courtroora was cordial Mon- panary sanctions while repre- r- senting about 68 percent of the officials said in their March re- tricts efforts . late Friday student body. quest that they did the evalua- evening to disqualify Wright Watson said the district holds ' from the case in which she has students to the rules in Students presided for 11 years. The mo- Rights and Responsibilities tion to disqualify centered on Handbook regardless of their whether the district could get j'3ces. Training is provided to an impartial decision on uni- (ijstrict administrators to ensure tary status based on remarks ^hat students are treated fairly that Wright reportedly made g^d given their rights to due last February to a church- process. A range of alternative school organization. Wright learning programs and an array said the Pulaski County dis- of sanctions short of suspension tricts would be entangled in are used to minimize the num* achievement levels of black students although district- day, despite Little Rock dis- n. A 1 .. .. A .J ... n M k/n h aL. m.. frl Pf'c 1* C 1 51 t P F B* 1 (l C tions. Those program evaluations listed by the district included extended-year schools, summer school, preschool programs and campus leadership teams. On Monday, Lesley testified that math and language arts programs were assessed as required by the desegregation plan. She also distinguished be- _____ ..____ . .........____________ tween program assessments the desegregation lawsuit for of students who are sus- and evaluations, saying that assessments are dynamic, ongoing and data-based as opposed i years to come, the Arkansas pended or expelled. Times newspaper reported.---------- Wright denied that motion to to written formal evaluations, ' be disqualified almost imme- which are likely to be longterm, multifaceted studies performed in response to research questions. Can you make decisions based on assessments? district attorney Chris Heller asked. Yes, we do it every day, Lesley responded, listing the diately Friday night. The judge briefly noted that she could be disqualified by a federal appeals court Monday in a discussion with attorneys about whether she should consider district reports showing compliance that were prepared after March 15,2001. That's the Z o at 3 o changes that have been made in date that the district submitted recent year in elementary and middle school literacy programs, among others. Walker told the judge that L<?sleys testimony seemed to be aiming arrows" al issues oth- its request to be found deseg- ho o O oWEDNESDAY, NOVEMBER 21, 2001 exit I U.S. judge plans in desegregation case Key decision on LR schook will come first 1 BY CYNTHIA HOWELL AND KIMBERLY DISHONGH ARKANSAS DEMOCRAT-GAZETTE The federal judge who has presided in the Pulaski County school desegregation lawsuit for U'A years threw the sometimes tumultuous case a new curve Tuesday, announcing she will step down from the case she decides once whether the Little Rock School District is entitled to be released from court monitoring. Chief U.S. District Judge Susan Webber Wright Wright, S3, announced her intentions to turn the complex case over to another, as yet unknown judge, during the second day of a hearing devoted to Lit- , tie Rocks eligibility to be re- I leased from more than 40 years 'I of federal court involvement in'll district affairs. A change in the presiding judge, who must first fanuliar- ize himself with the history and' law of the case, could potentially .*j prolong or complicate the law- suit although, as it* stands, there is no ticular date for ( eluding the case. ) par-
con- The consequences of , a change in judges prob- i ably wont be realized | until at least the middle 3 of next year. Wright said S a decision on Little J Rocks bid for unitary status is likely to take f her several months to complete, a By that time, I will have had a the case for about 12 years, f Wright told a courtroom of J about 50 people who were there fl See WRIGHT, Page 10A !Arkansas Democrat (gazette Wright Continued from Page 1A to hear the Little Rock district officials defend their efforts to comply with their 1998 desegregation plan. And Im weary of it, she said. Wright added that she would proceed with her resignation, regardless of whether she rules up or down for the states largest school district. Desegregation case Chief U. S. District Judge Susan tVebher Wright has presided in the 19-year-oid Pulaski County school desegregation lawsuit for the past 11 i/syears. She acquired the complex case at a time when each of the three county public school districts had just won approval of their proposed desegregation plans from a federal appeals court. Wright's chief responsibility has been to monitor the districts' compliance with their plans, two of which were dramatically rewritten in recent years. July 6,1990 - After eight years, U.S. District Judge Henry Woods recuses himself from the Pulaski . , J J ......................... iiuiii uic ruiaant Knowing she can decide on County desegregation case, calling , Y -- vvuiiijt uoooyioyaiiuii vaac, <^aiiiiiy the issue of unitary status will the situation hopeless and saying that give her some new energy, she the obstiuctionists to desegregation said, but once thats decided, I had won. Wright assumes the quit. lawsuit. March 19,1993 - Wright gives a tongue-lashing to the Little Rock School Board, calling the Little Rock school system the chief whiner and attorney representing black students, agree on a streamlined Revised Desegregation and Education Plan to replace the district's voluminous iawsuit known as the Joshua intervenors, noted that Wright had served longer than any other judge in the 45 years that the district has been involved in school desegregation litigation. The current lawsuit has its roots in a case that started in 1956 and led first to the integration of Central High School in 1957 and subsequently all other schools in the district. She has persevered in a difficult case for a long time, Walker said, adding that the judge 1988 plan. The new plan calls for new may be frustrated with the parschools, reduced busing of black ' ' ' Before she rules, she is expected to hold a fourth set of hearings Jan. 28,2002, on the districts compliance with its desegregation plan. students out of their neighborhoods, relaxed racial-balance guidelines, college scholarships for students in ties and troubled with the duration of the case. Wright is only the second ------------ judge in the 19-year history of virtually all-black elementary schools, the current case, which was filed and an increased emphasis on------------------ - _ - . number one barrier" to complying Besides hearings this week, with desegregation efforts. She there were others held in July orders board members to attend and August. court hearings. April 19,1993 - Wright sends a federal marshal to find a Little Rock Wri^t also intends to rule on other, smaller issues that are pending before her. School Board member who was late Even if Wright should rule in to a court session. teaching reading and math. April 10,1998 - Wright approves Little Rock's Revised Desegregation and Education Plan that envisions release of the district from federal court monitoring in 2001. District representatives declare the end of the litigation is in sight. by the Little Rock School District against the state and neighboring North Little Rock and Pulaski County districts in November 1982. The Little Rock district sought consolidation of the districts as an end to racial segregation. That was ultimately de- favor of the Little Rock districts release, a new judge would have to continue monitoring desegregation efforts in the Pulaski County Special and North Little Rock School districts, which June 8,1993 - At a hearing in which she cites a Little Rock School Board member for contempt for leaving court without notifying her. Wright questions the candor of then- March 15,2001 - Attorneys for the nied, but each of the districts was Little Rock School District and the state negotiate a landmark deal that relieves the district of repaying most, required to take steps to end the remnants of racial segregation in their schools. , Superintendent Mac Bernd. She also operate according to the threatens the district with terms of court-approved school receivership if it doesnt adhere desegregation plans. Those dis- more closely to its plan, tricts, as yet, have not asked to Jan. 27,1994 - Wright scolds the Little Rock school system for foot- be released from court super- dragging in developing academic ,5^ themes, starting Spanish programs would not be identified until she and taking other steps to desegregate issues an order formalizing her five virtually all-black Incentive I ------- ----------------------.XX iivv vutuuiijr ail ufour resignation. The case will likely elementary schools, be randomly assigned by com- puter. The judge said she wanted to I give the parties and the federal Sept. 18,1995 - Wright releases the North Little Rock School District from federal court monitoring of its 23-year-old student assignment plan. Office of Desegregation Mom- making it the first Pulaski County luring plenty of advance notice school district to win court release on of the impending change. The any of its desegregation obligations, monitoring office was created on if not all of a $20 million loan, and Wright inherited the case in preserves millions in state funding for July 1990 when U.S. District Little Rock magnet schools and other Judge Henry Woods stepped desegregation expenses until at least - - 2008. June 25,2001 - Walker, the down from it after an appeals court upheld desegregation plans proposed by each of the three attorney for black students, objects to Pulaski County districts. Woods a request by the Little Rock School ............................ by the Sth U.S. Circuit Court of Appeals to assist the federal judge w
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