Little Rock Schools: King Interdistrict Magnet Elementary

FEB- 4-94 FRI 14:45 SUSAN W WRIGHT FAX NO. 5013246576 P. 01 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF VS . No. LR-C-82S66 PULASKI COUNTY SPECIAL SCHOOL DISTRICT No, 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS MEMORANDUM AND ORDER Before the Court is the Little Rock School District's (LRSD) motion for clarification of King Interdistrict School assignments or, in the alternative, to enforce the agreement of the parties [doc.#1952]. The LRSD states that the parties had drafted an Agreement whereby those LRSD white students who lived outside the King Interdistrict School attendance zone but who had received notice of assignment to that school before August 19, 1993 would be allowed to attend King. However, the attorney for the Joshua Intervenors (Joshua), Mr, John Walker, subsequently withdrew his consent to the Agreement, stating among other things- that several issues would prevent him from signing the Agreement the parties had contemplated.* The LRSD seeks an order enforcing the agreement of the in emphasis and aticndance Mr. Walker states that a larger number of pupils are being assigned to King from outside the Kina attendance zone than the numner he was given, and that Joshua oannoi be a party "to assignment practices which allow decline in emphasis and .attendance at the ineenltvc schools nor can wo support practises which distort the double funding requirement and desegresatiun requirement of the plan. See Exhibit 4, LRSD's motion for olarification or, in the alternative, to enforce agreement of parties. siJEB-.4-94 FRI 14:45 SUSAN W WRIGHT FAX NO, 5013246576 P. 02 parties based upon its detrimental reliance Otherwise, the LRSD Seeks clarification of the following issues: ^''nejner LRsp white students may be permitted to attend King Interdistrict School without violating the court- approved desegregation plans or the spirit and intent the parties in developing those plans
Whether LRSD white students of 2 . response to question number 1 above is a_ - irmative, whether those LRSD white studeni-.a who are whether those lrsd white students attend King Interdistrict School will permanently assigned or assigned only for the school year
allov/ed to or in the be 1993-94 3, lrsd white students, other than those currently on the list to attend King Interdistrict School, W 111 ho no VIVI 4-,r^ ____j _ .. ___ Whether students, will be permitted to attend King during the 1994-95 year and beyond
school 4. If the answers to the foregoing questions are in the affirmative, whether the LRSD criteria to determine under LRSD white students Interdistrict School
will be permitted to develop what circumstances, if any, will be permitted to attend King to 5 . Whether provisions can be made to M-to-M transfer overcome the loss of , . moneys to be sustained by LRSD through permitting LRSD white students to occupy seats which could filled by Pulaski County Special School District (PCSSD) white students (either this year or in future years)
and otherwise this 6. Whether provisions can be made for the potential T be incurred by the LRSD in transporting eligible LRSD white students from scattered areas of the city to King. expenses Joshua has filed a response to the LRSD's motion in which it supports the motion for clarification but opposes the alternative request to enforce the agreement of the parties. The Court denies LRSD's motion to enforce the Agreement or for clarification, but addresses herein the King Interdistrict School assignments and issues the following orders. LRSD white students may be permitted to attend King Interdistrict School without violating the desegregation plans or theFEB- 4-94 FRI 14:46 SUSAN W WRIGHT FAX NO. 5013246576 P. 03 spirit and intent of the parties in developing those plans. Regardless of the provisions contained in the August 19, 1993 Agreement, a chief objective of the desegregation plans is that the interdistrict schools be racially balanced. the ideal goal being a student enrollment ration of 50 percent black to white. In this regard, the plans envision that white students attending an LRSD interdistrict school will be recruited primaril from the PCSSD or beyond Pulaski County
the plans do not state that only white students from the PCSSD will be allowed to attend King of the interdistrict schools. or any other The LRSD can hardly claim surprise at the Court' conclusion in this regard. At the June 1993 hearing, this Court, while acknowledging that the desegregation plan. envision that white 9, students for the interdistrict schools would be recruited primarily from the PCSSD, stated II [l]et's... work hard to recruit the white students from the county and the black students from the district for [King], and some white students as well from the Little Rock School District for King and make it a successful school, a high quality school that we all want," Transcript, at 197. At the August 12, 1993 budget hearing, the Court stated "I know it's important to get the county students [to King], but also, there might be some Little Rock white students who would like to attend and who could attend under our guidelines that exist." Transcript, at 17-13. The Court went on to observe that a lot of questions would be cleared up if there were a firm policy on admitting LRSD white students to King, to which Interim Superintendent Estelle Matthis replied. If I think you're -3-FES- 4-94 FRI 14:46 SUSAN W WRIGHT FAX NO. 5013246576 P. 04 exactly right, your Honor, II Id. at 18. However, despite the persistent urging of this Court and its Monitor, the LRSD did not develop such a policy. This lack of follow-through evidences pervasive pattern of failure to plan and perform that has been Characteristic 6f the LRSD throughout the history of this case. According to figures (attached) which the districts have supplied to the Office of Desegregation Monitoring, the LRSD has record of placing white intradistrict transfer tudents (and black intradistrict transfers as well) at its interdistrict schools For a a example, Romine Interdistrict School had a total October 1 enrollment for the 1S92-93 school year of 361 students
62, of the school's 84 white tudents were intradistrict transfers. similarly, Washington has a total October 1 enrollment for the current 1993-94 school year of 721. Of the school's 270 white students. 175 are intradistrict transfers, Likewise, the PCSSD has also accepted intradistrict transfers of both black and white students into its Baker Interdistrict School. Not only has the LRSD always accommodated intradistrict transfers, but the LRSD has promised that LRSD white students may be permitted to attend King Interdistrict School. According to the LRSD's 1993-94 calendar of events (issued in pamphlet form), interdistrict schools are II open to their attendance zones and M-to-M transfers from PCSSD and intra district transfers from other LRSD schools. The Court also notes that the King recruitment plan. dated H March 20, 1993, states that it was If designed to enroll black children from the immediate area and white children from Pulaski County as -4- FES- 4-94 FRI 14:47 SUSAN W WRIGHT FAX NO. 5013246576 P. 05 well as Little Rock." (Emphasi added.) Thi recruitinent plan designates the major target audiences for recruitment activities. Those audiences include not only PCSSD and the west Little Rock areas of Chenal Valley and Taylor Loop, but also the neighborhood surrounding King, additional zoned areas within the district, and magnet school non-placements. This plan also specifically targets children of employees at the Arkansas Children's Hospital and the state Capitol complex, which is consistent with language in the desegregation plan that touts the location of King as recruiting a plus for this school which is to ", ..serve as a natural magnet for individuals who work within governmental and business centers of Little LRSD Desegregation Plan, at 148. Neither the Rock. desegregation plans, the LRSD King recruitment plan, recruitment and public relations materials, nor hearing testimony have suggested that recruitment for King would be limited only to w'hite students from PCSSD. This Court has repeatedly stressed that it is critical to successful desegregation for the LRSD to keep its promises to the children and their parents. Indeed, the Interdistrict Desegregation Plan acknowledges that "dependability, credibility, and integrity are basic to the success of desegregation. ir and that the districts will "[kjeep the promises they make," (Interdistrict Desegregation Plan, at 66.) When a district accepts children at a particular school, parents should be able to count on the district making good that acceptance right up to the time the child takes a seat at the school. If the LRSD had effectively done its management job by engaging in -5-ample advance forethought and decision-making, strong follow-through, and unambiguous messages to parents. the district could have prevented the consternation and confusion regarding King assignments that the parties now entreat the Court to sort out. The Court hereby directs the LRSD to develop immediately specific guidelines regarding assignments to the King Interdistrict School that, by extension, apply to its other interdistrict schools. Among other things. these guidelines are to reflect past practices and promises and include intradistrict transf er eligibility criteria for both black and white children
they must be uff iciently comprehensive to be applicable to all of the district's interdistrict schools
they must be clear and unambiguous enough for district workers and parents to understand
and, while a specific numeric quota or cap is neither required nor desirable, the guidelines must describe that portion or range of intradistrict transfers that an individual interdistrict school can reasonably accommodate. Because the 1994-95 pre-school recruitment and registration period is at hand, the guidelines must be complete and filed with this Court no later than 30 days from the date of this Order. Also within 30 days. the PCSSD is directed to provide the Court with the guidelines which that district uses in placing students in its own interdistrict schools. IT IS SO ORDERED this day of February 1994 . ICT JUDGE -6-INTER- and INTRADISTRICT TRANSFERS to Ilie ELEMENTARY INTERDISTRICT SCHOOLS Prepared by the Office of Desegregation Monitoring February 1994 ReceMng Sc boob Sending District LRSD M RSD PCSSD 19e90 199(W1 1991-92 1992-99 199994 190990 199091 199192 199293 199394 190990 199091 1991-92 co LO co CXI B B W B W B W B w B W B W B W B W B W B W B W B W Lr> Baker 59 0 65 0 79 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 8 0 1992-93 B 6 W 0 199394 B 5 Vi 2 Crystal Hll WA N/A N/A N/A N/A WA 305 0 339 0 WA WA N/A N/A WA N/A 0 0 0 0 WA N/A N/A WA WA WA 0 0 0 0 King Aomlne Washington N/A 165 261 WA 60 11 N/A 155 210 WA 34 203 N/A 151 204 WA 35 196 N/A ,33 180 WA 62 193 86 84 ,53 41 65 ,75 N/A WA WA WA N/A WA WA WA 0 0 WA WA WA WA WA WA WA WA 0 152 0 0 0 0 0 0 0 0 0 0 0 4 0 10 0 2 WA WA 0 73 0 65 0 64 0 37 N/A N/A 0 6, 0 74 0 65 0 65 * InformaBon nol available N/A - Not Applicabia Note: Aietiough Washington Magnei is not among Ihe six elementar/ interdistricl schools named in th desegregation pfan, it nonetheless functions as an inlerdistrict school under the terms of the settlement agreements and court orders. The chart above is based on the number of students each district sent (not received) to interdistrict schools and is extracted from the most recent information available: c co co co CD I l co LU LRSD: NLflSD: PCSSD: Memos dated November 18,1993 and December 6, 1993 from Russell Mayo, Associate Superintendent for Desegregation. November 26, 1991 memo and June 4,1993 M-to-M transfer listing from Mabie Bynum, Assistant Superintendent for Desegregation: district reoorts dated October 1, 1992 and October 1, 1993. Memos dated December 11,1990. December 3,1991, January 12.1993, and December 14,1993 from Eddie Collins, Assistant Superintendent for Pupil Personnel Services.RECEIVED <30 ri iLED U.S. DlSraCT COURT cASTERM DISTRICT ARKANSAS FEB 7 199A Office of Desegregation Monitoring IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FEB 0 4 1594 LITTLE ROCK SCHOOL DISTRICT VS. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT No. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL MEMORANDUM AND ORDER JAMES Cy
) ^Vv, McCORMACK, CLERK -.-'JII OEP CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Before the Court is the Little Rock School District's (LRSD) motion for clarification of King Interdistrict School assignments or. in the alternative, to enforce the agreement of the parties [doc.#1952]. The LRSD states that the parties had drafted an Agreement whereby those LRSD white students who lived outside the King Interdistrict School attendance zone but who had received notice of assignment to that school before August 19, 1993 would be allowed to attend King. However, the attorney for the Joshua Intervenors (Joshua), Mr. John Walker, subsequently withdrew his consent to the Agreement, stating among other things that several issues would prevent him from signing the Agreement as the parties had contemplated.' The LRSD seeks an order enforcing the agreement of I the parties based upon its detrimental reliance. Otherwise, the LRSD Mr Walker slates that a larger nuinHcr ol pupils are being assigned to King from outside the King attendance zone than the number he was yiven, and that Joshua cannot be a party "to tissignmcnt practices which allow decline in al I he inceiuivt mphasis and attendance schools nor can we support practices which distort the double funding requirement and desegregation requirement 01 the plan. See Exhibit 4. LRSDs motion for clarification or, in the alternative, to enforce agreement of parlies. 0 J seeks clarification of the following issues: 1. Whether LRSD white students may be permitted to attend King Interdistrict School without violating the court- approved desegregation plans or the spirit and intent of the parties in developing those plans
2. If the response to question number 1 above is in the affirmative, allowed to whether those LRSD white students who attend King Interdistrict permanently assigned school year
or assigned School will are be Whether LRSD white only for the 1993-94 students, other than those currently on the list to attend King Interdistrict School, will be permitted to attend King during the 1994-95 school year and beyond
3 . 4 . If the answers to the foregoing questions are in the affirmative, whether the LRSD will be permitted to develop criteria to determine under what circumstances, if any, LRSD white students will be permitted to attend King Interdistrict School
5. Whether provisions can be made to overcome the loss of M-to-M transfer moneys to be sustained by LRSD through permitting LRSD white students to occupy seats which could otherwise be filled by Pulaski County Special School District (PCSSD) white students (either this year or in future years)
and 6. Whether provisions can be made for the potential expenses to be incurred by the LRSD in transporting eligible LRSD white students from scattered areas of the city to King. Joshua has filed a response to the LRSD's motion in which it supports the motion for clarification but opposes the alternative request to enforce the agreement of the parties. The Court denies LRSD's motion to enforce the Agreement or for clarification, but addresses herein the King Interdistrict School assignments and issues the following orders. LRSD white students may be permitted to attend King Interdistrict School without violating the desegregation plans or the -2-spirit and intent of the parties in developing those plans. Regardless of the provisions contained in the August 19, 1993 Agreement, a chief objective of the desegregation plans is that the interdistrict schools be racially balanced, the ideal goal being a student enrollment ration of 50 percent black to white. In this regard, the plans envision that white students attending an LRSD interdistrict school will be recruited primarily from the PCSSD or beyond Pulaski County
the plans do not state that only white students from the PCSSD will be allowed to attend King or any other of the interdistrict schools. The LRSD can hardly claim surprise at the Court's conclusion in this regard. At the June 1993 hearing. this Court, while acknowledging that the desegregation plans envision that white 9, students for the interdistrict schools would be recruited primarily from the PCSSD, stated tl [l]et's... work hard to recruit the white students from the county and the black students from the district for [King], and some white students as well from the Little Rock School District for King and make it a successful school, a high quality school that we all want. It Transcript, at 197. At the August 12, 1993 budget hearing, the Court stated "I know it's important to get the county students [to King], but also, there might be some Little Rock white students who would like to attend and who could attend under our guidelines that exist." Transcript, at 17-18. The Court went on to observe that a lot of questions would be cleared up if there were a firm policy on admitting LRSD white students to King, to which Interim Superintendent Estelle Matthis replied, I think you're -3-exactly right, your Honor. II Id. at 18 . However, despite the persistent urging of this Court and its Monitor, the LRSD did not develop such a policy. This lack of follow-through evidences a pervasive pattern of failure to plan and perforin that has been characteristic of the LRSD throughout the history of this case. According to figures (attached) which the districts have supplied to the Office of Desegregation Monitoring, the LRSD has a record of placing white intradistrict transfer students (and black intradistrict transfers as well) at its interdistrict schools. For example, Romine Interdistrict School had a total October 1 enrollment for the 1992-93 school year of 361 students
62 of the school's 84 white students were intradistrict transfers. Similarly, Washington has a total October 1 enrollment for the current 1993-94 school year of 721. Of the school's 270 white students. 175 are intradistrict transfers. Likewise, the PCSSD has also accepted intradistrict transfers of both black and white students into its Baker Interdistrict School. Not only has the LRSD always accommodated intradistrict transfers, but the LRSD has promised that LRSD white students may be permitted to attend King Interdistrict School. According to the LRSD's 1993-94 calendar of events (issued in pamphlet form), interdistrict schools are "open to their attendance zones and M-to-M transfers from PCSSD and intra-district transfers from other LRSD schools. If The Court also notes that the King recruitment plan, dated March 20, 1993, states that it was "designed to enroll black children from the immediate area and white children from Pulaski County as -4-v/ell as Little Rock. It (Emphasis added.) This recruitment plan designates the major target audiences for recruitment activities. Those audiences include not only PCSSD and the west Little Rock areas of Chenal Valley and Taylor Loop, but also the neighborhood surrounding King, additional zoned areas within the district. and magnet school non-placements. This plan also specifically targets children of employees at the Arkansas Children's Hospital and the state capitol complex. which is consistent with language in the desegregation plan that touts the location of King as a recruiting plus for this school which is to tl ...serve as a natural magnet for individuals who work within governmental and business centers of Little Rock. II LRSD Desegregation Plan, at 148 . Neither the desegregation plans, the LRSD King recruitment plan, recruitment and public relations materials, nor hearing testimony have suggested that recruitment for King would be limited only to white students from PCSSD. This Court has repeatedly stressed that it is critical to successful desegregation for the LRSD to keep its promises to the children and their parents. Indeed, the Interdistrict Desegregation Plan acknowledges that "dependability, credibility, and integrity are basic to the success of desegregation. and that the districts will II [kjeep the promises they make." (Interdistrict Desegregation Plan, at 66.) When a district accepts children at a particular school. parents should be able to count on the district making good that acceptance right up to the time the child takes a seat at the school. If the LRSD had effectively done its management job by engaging in -5-ample advance forethought and decision-making, strong follow-through, and unambiguous messages to parents. the district could have prevented the consternation and confusion regarding King assignments that the parties now entreat the Court to sort out. The Court hereby directs the LRSD to develop immediately specific guidelines regarding assignments to the King Interdistrict School that, by extension, apply to its other interdistrict schools. Among other things, these guidelines are to reflect past practices and promises and include intradistrict transfer eligibility criteria for both black and white children
they must be suf f iciently comprehensive to be applicable to all of the district's interdistrict schools
they must be clear and unambiguous enough for district workers and parents to understand
and. while a specific numeric quota or cap is neither required nor desirable. the guidelines must describe that portion or range of intradistrict transfers that an individual interdistrict school can reasonably accommodate. Because the 1994-95 pre-school recruitment and registration period is at hand, the guidelines must be complete and filed with this Court no later than 30 days from the date of this Order. Also within 30 days, the PCSSD is directed to provide the Court with the guidelines which that district uses in placing students in its own interdistrict schools. IT IS SO ORDERED this day of February 1994. ____________ CT JUDGE docket SHEET W -6- COMPLIANCE WITH RULE 53 AND/OR 79(a) FRCP 'BY A/r INTER- and INTRADISTRICT TRANSFERS to the ELEMENTARY INTERDISTRICT SCHOOLS Prepared by the Office of Desegregation Monitoring February 1994 Receiving Schools Sending District LRSD NLRSD PCSSD 19e90 199041 1991-92 1992-93 199344 196940 199041 199142 199243 199344 198940 199041 199142 199243 199344 Baker Crystal Hill King Romine Washington B W B W B B B VI B W B VI B VI B W B VI B W B VI B VI B VI B VI N/A N/A N/A N/A 59 0 65 0 79 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 8 0 6 0 5 2 N/A N/A 305 0 339 0 N/A N/A N/A N/A N/A N/A 0 0 0 0 N/A N/A N/A N/A N/A N/A 0 0 0 0 N/A N/A N/A N/A N/A N/A N/A N/A 86 41 N/A N/A N/A N/A N/A N/A N/A N/A 0 0 N/A N/A N/A N/A N/A N/A N/A N/A 0 152 165 261 60 11 * Information not available 155 210 34 151 35 133 62 84 65 0 0 0 0 0 0 0 0 0 0 0 4 0 10 0 2 203 204 196 180 193 158 175 N/A N/A 0 73 0 65 0 64 0 37 N/A N/A 0 61 0 74 0 65 0 65 N/A- Not Applicable Note: Although Washington Magnet is not among the six elementary interdistrict schools named in the desegregation plan, it nonetheless functions as an interdistrict school under the terms of the settlement agreements and court orders. The chart above is based on the number of students each district sent (not received) to interdistrict schools and is extracted from the most recent information available: LRSD: Memos dated November 18, 1993 and December 6, 1993 from Russell Mayo, Associate Superintendent for Desegregation. NLRSD: November 26, 1991 memo and June 4,1993 M-to-M transfer listing from Mable Bynum, Assistant Superintendent for Desegregation
district reports dated October 1, 1992 and October 1,1993. PCSSD: Memos dated December 11,1990, December 3, 1991, January 12,1993, and December 14,1993 from Eddie Collins, Assistant Superintendent for Pupil Personnel Services. IFEB- 4-94 FRI 14:45 SUSAN W WRIGHT FAX NO. 5013246576 P.Ol IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF VS . No. LR-C-82866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT No. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS MEMORANDUM AND ORDER Before the Court is the Little Rock School District's (LRSD) motion for clarification of King Interdistrict School assignments or, in the alternative. to enforce the agreement of the parties [doc.#1952]. The LRSD states that the parties had drafted an Agreement whereby those LRSD white students who lived outside the King Interdistrict School attendance zone but who had received notice of assignment to that school before August 19, 1993 would be allowed to attend King. However, the attorney for the Joshua Intervenors (Joshua), Mr. John Walker, subsequently withdrew his consent to the Agreement, stating among other things that several issues would prevent him from signing the Agreement as the parties had contemplated.* The LRSD seeks an order enforcing the agreement of the the number he was of ihc plan. Mr. Walker states that a larger number of pupils are being assigned to King from ouLside the King attendance zone than '....... ">''0''. an!* thnl Joshua cannot be a party "to aignmcnt practices which allow decline in emphasis and aitcndance at Ihc incentive school* nor cun wc support practices which distort the double funding requirement and desegregaLion riiiircmcnt ihz- nisrt ' Sec Exhibit 4, LRSDs motion for clarification or, in the alternative, to enforce agreement of parties.F.EB- 4-94 FRI 14:45 SUSAN M WRIGHT FAX NO. 5013246576 P. 02 parties based upon its detrimental reliance. Otherwise, the LRSD seeks clarification of the following issues: 1. wnetner LRSD white students may be permitted to attend King Interdistrict School without violating f approved desegregation plans or the spirit and intent"of the parties in developing those plans
Whether the court- _ If the response to question number 1 above is in the affirmative, whether those LRSD white students who are allowed to attend King Interdistrict School will be permanently assigned or assigned only for the school year
whether those Lrsd white students who School will 1993-94 2 . 3, Whether LRSD white students, other than those currently on the list to attend King interdistrict School, will be permitted to attend King during the 1994-95 school year and beyond
4. If the answers to the foregoing questions are in the affirmative, whether the LRSD will be permitted to develop criteria to determine under what circumstances, if any, LRSD white students will be permitted to attend King Interdistrict School
to 5. Whether provisions can be made to overcome the loss of M-to-M transfer moneys to be sustained by LRSD through permitting LRSD white students to occupy seats which could otherwise be filled by Pulaski County Special School District (PCSSD) white students (either this year or future years)
and in 5. Whether provisions can be made for the potential expenses to be incurred by the LRSD in eligible LRSD white students from scattered city to King. transporting areas of the Joshua has filed response to the LRSD's motion in which it supports the motion for clarification but opposes the alternative request to enforce the agreement of the parties. The Court denies LRSD's motion to enforce the Agreement or for clarification, but a addresses herein the King Interdistrict School assignments and issues the following orders. LRSD white students may be permitted to attend King Interdistrict School without violating the desegregation plans or theFEB- 4-94 FRI 14:46 SUSAN W WRIGHT FAX NO. 5013246576 P. 03 spirit and intent of the parties in developing those plans. Regardless of the provisions contained in the August 19, 1993 Agreement, a chief objective of the desegregation plans is that the interdistrict schools be racially balanced. the ideal goal being a student enrollment ration of 50 percent black to white. In this regard, the plans envision that white students attending an LRSD interdistrict school will be recruited primaril from the PCSSD or beyond Pulaski County
the plans do not state that only white students from the PCSSD will be allowed to attend King of the interdistrict schools. or any other The LRSD can hardly claim surprise at the Court's conclusion in this regard. At the June 1993 hearing, this Court, while acknowledging that the desegregation plans envision that white 9 , students for the interdistrict schools would be recruited primarily from the PCSSD, stated II [l]et's... work hard to recruit the white students from the county and the black students from the district for [King], and some white students as well from the Little Rock School District for King and make it a successful school, a high quality school that we all want." Transcript, at 197. At the August 12, 1993 budget hearing, the Court stated II I know it's important to get the county students [to King], but also, there might be some Little Rock white students who would like to attend and who could attend under our guidelines that exist," Transcript, at 17-18, The Court went on to observe that a lot of questions would be cleared up if there were a firm policy on admitting LRSD white students to King, to which Interim Superintendent Estelle Matthis replied. I think you're -3-FES- 4-94 FRI 14:46 SUSAN W WRIGHT FAX NO. 5013246576 P. 04 exactly right, your Honor." Id. at IS. However, despite the persistent urging of this Court and its Monitor, the LRSD did not develop such a policy. This lack of follow-through evidences pervasive pattern of failure to plan and perforin that has been characteristic of the LRSD throughout the history of this case. According to figures (attached) which the districts have supplied to the Office of Desegregation Monitoring, the LRSD has a record of placing white intradistrict transfer students (and black intradistrict transfers as well) at its interdistrict schools For example, Romine Interdistrict School had a total October 1 enrollment for the 1992-93 school year of 361 students
white students were intradistrict transfers. 62, of the school's 84 Similarly, Washington has a total October 1 enrollment for the current 1993-94 school year of 721. Of the school's 270 white students. 175 are intradistrict transfers. Likewise, the PCSSD has also accepted intradistrict transfers of both black and white students into its Baker a Interdistrict School. Not only has the LRSD always accommodated intradistrict transfers, but the LRSD has promised that LRSD white students may be permitted to attend King Interdistrict School. According to the LRSD's 1993-94 calendar of events (issued in pamphlet form), interdistrict schools are " open to their attendance zones and M-to-M transfers from PCSSD and intra-district transfers from other LRSD schools. The Court also notes that the King recruitment plan. dated K March 20, 1993, states that it was IT designed to enroll black children from the immediate area and white children from Pulaski County as -4-FEB- 4-94 FRI 14:47 SUSAN W WRIGHT FAX NO. 5013246576 P. 05 well as Little Rock. If (Emphasis added.) This recruitment plan designates the major target audiences for recruitment activities. Those audiences include not only PCSSD and the west Little Rock areas of Chenal Valley and Taylor Loop, but also the neighborhood surrounding King, additional zoned areas within the district. and magnet school non-placements. This plan also specifically targets children of employees at the Arkansas Children's Hospital and the state capitol complex. which is consistent with language in the desegregation plan that touts the location of King as a recruiting plus for this school which is to " ..serve as a natural magnet for individuals who work within governmental and business centers of Little LRSD Desegregation Plan, at 148, Neither the Rock." desegregation plans, the LRSD King recruitment plan, recruitment and public relations materials, nor hearing testimony have suggested that recruitment for King would be limited only to white students from PCSSD. This Court has repeatedly stressed that it is critical to successful desegregation for the LRSD to keep its promises to the children and their parents. Indeed, the Interdistrict Desegregation Plan acknowledges that "dependability, credibility, and integrity are basic to the success of desegregation," and that the districts will II [k]eep the promises they make," (Interdistrict Desegregation Plan, at 66.) When a district accepts children at a particular school. parents should be able to count on the district making good that acceptance right up to the time the child takes a seat at the school. If the LRSD had effectively done its management job by engaging in -5-ample advance forethought and decision-making, strong follow-through, and unambiguous messages to parents, the district could have prevented the consternation and confusion regarding King assignments that the parties now entreat the Court to sort out. The Court hereby directs the LRSD to develop immediately specific guidelines regarding assignments to the King Interdistrict School that, by extension, apply to its other interdistrict schools. Among other things, these guidelines are to reflect past practices and promises and include intradistrict transfer eligibility criteria for both black and white children
they must be sufficiently comprehensive to be applicable to all of the district's interdistrict schools
they must be clear and unambiguous enough for district workers and parents to understand
while a specific numeric quota or cap is neither required nor desirable, the guidelines must and, describe that portion or range of intradistrict transfers that an individual interdistrict school can reasonably accommodate. Because the 1994-95 pre-school recruitment and registration period is at hand, the guidelines must be complete and filed with this Court no later than 30 days from the date of this Order. Also within 30 days. the PCSSD is directed to provide the Court with the guidelines which that district uses in placing students in its own interdistrict schools. IT IS SO ORDERED this day of February 1994 . -6- United '^states distric ICT JUDGEINTER- and INTRADISTRICT TRANSFERS to the ELEMENTARY INTERDISTRICT SCHOOLS Prepared by the Office of Desegregalion IWonitorififl February 1994 HeceMng Schcwfe Sending District LRSD M.RSO PCSSD 1969-90 199091 1991-92 1992^ 1993-94 19e90 1990^ 1991-92 1992^ 1933^ 190990 199091 1991-92 co LO CO LO z: x <r: CQ co CD I I CD Ll) * Baker Crystal Mil King Romine Washington 59 65 79 N/A N/A 165 281 N/A WA N/A N/A N/A 305 339 WA N/A N/A N/A 60 11 * InformaBon not available N/A N/A N/A WA N/A N/A 86 41 N/A N/A N/A 155 210 34 203 151 204 35 196 133 180 62 84 65 193 158 175 N/A N/A Vf N/A N/A 73 N/A N/A N/A N/A N/A N/A NIA N/A N/A M/A N/A N/A N/A N/A N/A N/A N/A N/A 65 64 37 N/A N/A 61 74 N/A- NotAppticabJe 1992-93 N/A N/A 10 65 1993-94 152 65 Note: Although Washington Magnet is not among the six elemenlar/ inlerdistricl schools named in Iha desegregation plan, it nonetheless lunctions as an interdsstrict school under the terms of the settlement agreemenls and court orders. The chart above is based on the number of students each district sent (not received) to interdistrict schools and is extracted from the most recent information available: LRSD
NLHSD: PCSSD: Memos dated November 18,1993 and December 6, 1993 from Russell Mayo, Associate Superintendent for Desegregation. dat^^Octo^ a/^^CW^b^^^ I^W Ransfer listing from Mabie Bynum, Assistant Superintendwit for Desegregation
district reports Mernos dated December 11,1990. December 3,1991, January 12,1993, and December 14,1993 from Eddie Collins, Assistant Superintendent for Pupil Personnel Services. B W B W B W 0 B W 0 0 B 0 0 B 0 0 W 0 0 B 0 0 B 0 0 0 0 0 0 W 0 0 B 0 0 0 0 W 0 0 0 B 0 0 0 0 0 W 0 0 0 0 B 0 W 0 B 4 0 W 0 B 8 0 0 W 0 4 B 6 0 0 0 W 0 0 B 5 0 0 0 0 W 2 0 2'3 d.A IN THE UNITED STATES COURT OF APPEALS No. 93-3592 NO. 93-3469 NO. 93-3594 FOR THE EIGHTH CIRCUIT APR 2 0 1994 Cfiica cf Dcsanr LITTLE ROCK SCHOOL DISTRICT V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT LORENE JOSHUA V. LITTLE ROCK SCHOOL DISTRICT LITTLE ROCK SCHOOL DISTRICT V. LORENE JOSHUA Appeals From The United States District Court For the Eastern District of Arkansas Western Division Honorable Susan Webber Wright, District Judge BRIEF FOR APPELLEE LITTLE ROCK SCHOOL DISTRICT IN NOS. 93-3469 AND 93-3594 Christopher Heller John Clayburn Fendley, Jr. FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol Little Rock, AR 72201 (501) 37602911 Attorneys for Little Rock School DistrictTable of Contents Statement Of The Case 1 I. The Voting Rights Act Issue 1 II. The Desegregation Plan Modification Issue 3 Summary Of Argument 11 Argument 13 I. The District Court's Finding That The Charles Plaintiffs Failed To Establish A Violation Of The Voting Rights Act, 42 U.S.C. 1973, Is Not Clearly Erroneous And Should Be Affirmed .............................................. 13 II. The District Court Properly Approved The Closing Of Ish School And The Assignment Of Ish Students To The New And Integrated King Interdistrict School 38 Conclusion 50 1'fr/f P/o. C^ il^
f* ' ' i* IN THE UNITED STATES COURT OF APPEALS No. 93-3592 NO. 93-3469 NO. 93-3594 FOR THE EIGHTH CIRCUIT APR 2 0 1994 Chico of Desegr :vi- LITTLE ROCK SCHOOL DISTRICT V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT LORENE JOSHUA V. LITTLE ROCK SCHOOL DISTRICT LITTLE ROCK SCHOOL DISTRICT V. LORENE JOSHUA Appeals From The United States District Court For the Eastern District of Arkansas Western Division Honorable Susan Webber Wright, District Judge BRIEF FOR APPELLEE LITTLE ROCK SCHOOL DISTRICT IN NOS. 93-3469 AND 93-3594 Christopher Heller John Clayburn Fendley, Jr. FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol Little Rock, AR 72201 (501) 37602911 Attorneys for Little Rock School DistrictTable of Contents Statement Of The Case 1 I. The Voting Rights Act Issue 1 II. The Desegregation Plan Modification Issue 3 Summary Of Argument 11 Argument 13 I. The District Court's Finding That The Charles Plaintiffs Failed To Establish A Violation Of The Voting Rights Act, 42 U.S.C. 1973, Is Not Clearly Erroneous And Should Be Affirmed .............................................. 13 II. The District Court Properly Approved The Closing Of Ish School And The Assignment Of Ish Students To The New And Integrated King Interdistrict School 38 Conclusion 50 1Ciiics oi Desegregation 2 2 1994 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSASrs WESTERN DIVISION a 2 0 1594 LITTLE ROCK SCHOOL DISTRICT JI ./st iMv iLO t'I1 , l^ 'PLAINTIFF Ey
V.
rx LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS MOTION FOR MODIFICATION OF DESEGREGATION PLAN For its motion, plaintiff. Little Rock School District (LRSD) states: 1. The LRSD and Interdistrict Desegregation Plans require the establishment within LRSD of three interdistrict schools Romine, King and Stephens. The plans require that two of those schools, King and Stephens, be located in the downtown Little Rock area. Romine and King schools have been established as interdistrict schools. 2. Since the parties agreed that LRSD would establish the King and Stephens Interdistrict Schools in the downtown Little Rock area. there have been significant changes in factual conditions which warrant modification of that agreement. First, Washington Elementary School, which the parties agreed would be an incentive school. presently operates as an interdistrict school in the downtown Little Rock area. Second, there has been a significant movement of population out of the area in which the parties planned RECEIVPT) tPR 2 2 Office ot Desegregation IN THE UNITED STATES DISTRICT COURT,. Moniwnnfl EASTERN DISTRICT OF ARKANSAS' WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL T ourxT T /-.RKAnSAS gu APR 20 PH 5= 53 plaintiff U.S BY. CfJ
A... DcFUT'i C-Liia DEFENDANTS INTERVENORS INTERVENORS MOTION TO DESIGNATE KING INTERDISTRICT SCHOOL A MAGNET SCHOOL For its motion, plaintiff Little Rock School District (LRSD) states: 1. The parties filed a joint motion on February 13, 1992 seeking to designate Crystal Hill, King and Stephens Interdistrict Schools as magnet schools. The court "acknowledge(d) that the 1 magnet designation has been powerful recruiting tool". but a preferred to consider the issue on a case-by-case basis so as not to risk damage to "the image of magnet schools as champions of distinctive, quality programs that are thoroughly and thoughtfully planned, implemented and maintained. Order, March 5, 1992. The H court approved the designation of the Crystal Hill Interdistrict School as a magnet school, but deferred ruling on the King and Stephens Interdistrict Schools. 2. During the summer before King begin operating as an interdistrict school, LRSD again asked the court to designate King a magnet school. Docket #1861 The court noted that "the King facilities and programs hold great promise for achieving magnet caliber", but expressed concern about delays in the development ofKing Interdistrict School and granted magnet status "only provisionally". Order, July 9, 1993, P- 2. The court also established the standard for reviewing future applications for magnet status for King: "The court will approve full magnet status for the new school at such time that the parties can demonstrate that King is fully functioning interdistrict school a displaying the characteristics of a quality magnet as previously set forth in the case record." Order, July 9, 1993 pp. 2-3. 3. King is now a fully functioning interdistrict school which has all of the characteristics of a quality magnet school. Those characteristics are described in Exhibit A to this motion. which is a report on the program status at King prepared by King principal Sadie Mitchell. King should now be designated a magnet school. WHEREFORE, for the reasons set forth above and in the accompanying brief, LRSD prays for an order granting it permission to designate the King Interdistrict School a "magnet school". Respectfully submitted. LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol Street Little Rock, AR 72201 (501) 376-2011 By: Christopher Helle: Bar No. 81083CERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion to Designate King Interdistrict School A Magnet School has been served on the following people by depositing copy of same in the United States mail on this 20th day of April 1993. Mr. John Walker JOHN WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Sam Jones WRIGHT, LINDSEY & JENNINGS 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Mr. Richard Roachell Roachell and Streett First Federal Plaza 401 West Capitol, Suite 504 Little Rock, AR 72201 Ms. Ann Brown Desegregation Monitor Heritage West Bldg., Suite 510 201 East Markham Street Little Rock, AR 72201 Ms. Elizabeth Boyter Arkansas Dept, of Education 4 State Capitol Mall ' Little Rock, AR 72201-1071 Christopher Helleir MARTIN LUTHER KING, JR. INTERDISTRICT MAGNET* SCHOOL PROGRAM STATUS FEBRUARY 18, 1994 The Martin Luther King, Jr. Interdistrict Magnet* School provides a unic^e, interdisciplinary learning opportunity through "High - 6th grade students. Intensity Learning" for over 540 PreK An innovative and exciting theme for each nine weeks is selected. Utilizing the school-wide thematic approach to learning, curriculum and all learning activities are related directly to this the theme. Every student engages in active hands-on learning to meet their individual needs, interests, and abilities. Since the core content areas are taught through themes, tlic interdisciplinary approach encourages students to make the natural the connections in their learning. music, classes. art. physical education. These connections are enriched in Specialists implementing the curriculum. assist and the gifted and talented teachers in correlating and The specialists provide intense support for teachers as well as direct and indirect specialized instruction for students. use of these specialists will provide curriculum specialists and Creative other activities for intensified instructional for teachers through team teaching, teaching, peer teaching, etc. staff development demonstration will be inservice for teachers. Each specialist-directed experience Teachers are expected to replicate through demonstration teaching or specialized content area instruction. The educational program at King Interdistrict Magnet* is centered around the latest educational advances and technology, instructional features include: Added / Integrated Language Arts Program for first grade (Primary Level) - A comprehensive language arts program for first grade students, incorporating reading, writing, listening skills and the latest technology Windows on Science - A K-8 videodisc-based science program that provides visuals and hands-on activities for a wide variety of science topics / Golden Book Encyclopedia - An electronic encyclopedia for the primary grades that includes pictures, sound, and animation Exhibit A to Motion to * Provisional Designate King School A Magnet School InterdistrictMartin Luther King, Jr. Interdistrict Magnet* School Program Status February 18, 1994 Page 2 Compton's Electronic Encyclopedia - An electronic version of the well-known encyclopedia, enhanced with animation, sound, and speeches J Videodisc - Interactive software used for instruction in the core areas of the curriculum 7 Automated Library - Access to the library's resources through an electronic catalog and circulation system Portfolio Assessment - Teachers will judge student performance as it is actually being demonstrated by the learner's (oral) presentation, conducting an experiment, the process used to solve problems, etc. Using portfolios, teachers will evaluate specific examples of learners' performances through the use of classroom interactions, projects, writing samples, etc. The portfolios will be used to provide feedback to parents and students and to identify and plan future instructional needs of the students. The instructional program will focus highly on the integration of the revised curriculum. Staff members will maximize instructional time through the following: use of Teaching content of subject areas together - design active linkage between fields of knowledge Maximum use of instructional management system - eliminate the re-teaching of skills previously mastered by students Accelerated progression through the instructional program at fast paced and intensified rates to accommodate individual student needs School-wide thematic approach to learning - introducing an innovative and exciting theme during each nine weeks Expanded student learning through extension skills contained in revised curriculum All teaching and related activities for students directly tied to the curriculum and/or themes Broad range of curricular experiences that reflect both content focus and an interdisciplinary orientation aMartin Luther King, Jr. Interdistrict Magnet* School Program Status February 18, 1994 Page 3 Teachers as active curriculiun designers Teachers' decisions directly affecting students in the day-to- day operations of the classroom Highly structured school-wide discipline plan striving for excellence in education, King Interdistrict Magnet* encourages students and parents to become actively involved in the learning process. I \kingstat.caThese additional programs and activities are organized and being implemented: Science Fairs Quiz Bowl/Invention Convention/Geography Bee/Math Olympiad Will permit students to demonstrate science skills while following guidelines, and learning the elements of display and presentation. Participation in local, state, and national programs encourage mastery of skills, a purpose for learning, and an atmosphere of friendly in- school and inter-school competition. a purpose Economics America Competition Wellness Week Career Week Red Ribbon Week Annual Talent Show Earth Day Art Physical Education Science Laboratory A national program to promote a beginning interest in economic principles._______________ Places emphasis on good health and safety and introduces community resources. Permits students to explore work options and required skills, this encourages students to establish goals.______________________ Provides experiences to promote student participation in a drug-free lifestyle.________ Allows children and staff members to share skills and abilities which otherwise might not be displayed during the school day.__________ Activities to inspire students' interest in the protection and conservation of earth resources. Art as a form of expression and creating will be utilized at all age levels. An art teacher will provide direction and age appropriate activities, as well as introducing multicultural art styles and art history. Planned activities will allow students to release energy, build muscular strength, and practice skills necessary for the proper physical growth of children. These activities will be planned to inspire a lifelong eagerness for physical health. , Under the direction of a science supervisor ---- -- **.*.*** M V XOUX f and in collaboration with classroom teachers, the science laboratory will enable students to see and participate in the wonders of science. Hands-on experiments and visual demonstrations will accomodate diverse student learning styles. The laboratory use will encourage and assist student participation in the annual styles. science fair.rLibrary Media Program The automated library, ind state of the art collection of materials, will allow the library media specialist and staff to instruct students in the skills necessary for information retrieval for the 21st century. The program will begin with literature appreciation in the four-year-old class. It will progress and add information skills as age appropriate. The media center will provide assistance to all staff members in their search for books and media to support learning. The media specialist will work directly with teachers to plan and provide point-of-need instruction for students. She/he will promote reading and Gifted/Talented Program sponsor activities to inspire students to be lifelong library users. All students in K-2 classes will be provided 30 minutes per week of focused observation and enrichment by the gifted specialist and the classroom teacher cooperatively. Identified students in grades 3-6 will be provided 120 minutes of direct instruction by the gifted specialist(s). Gifted specialist(s) will work with classroom teachers and curriculum specialists to maximize classroom learning experience for students. Instructional and learning experiences will be correlated to the instructional themes and appropriate process skills. 56 Station Computer Laboratory The large laboratory will allow for whole class instruction while allowing access to other students doing independent study and staff members during planning time. such relaxed, Four-Year-Old Classes Kindergarten Classes easy access to computers will allow staff and students to incorporate them into their lifestyle. Under the direction of early childhood teachers and in a structured learning environment, children will be provided activities and experiences in which they may choose to participate. Teachers will provide students will basic skills for learning and socialization while allowing for individual levels of growth and Special Education development._________________________ Identified students will be provided a curriculum which is functional and appropriate to their age and physical or mental challenge. This will be provided in a least restrictive environment. Nifty Nutrition/Body Works A healthy body runs on good food and the information -is presented in a lighthearted manner with samples of good foods provided by the cafeteria.CARE Program Parent Center Tutoring Program Mentoring Program Peer Tutoring Music Program Field Trips Newspaper Staff before- and after-school activities and recreation program provides in a secure atmosphere The Pent Center will provide a place for parents and volunteers to visit. parenting, community resources and continuing education win be Information provided. After-school programs will be offered periodically throughout the school supportin^^ewiSorSr^* Minimum Performance and Stanford ^~t. The Computer lab will be , 6th grade students to Test. Achievement during lunch breaks. available for use before school and The use of adult role models models has proven ^^ growth and development of students. Mentors provide support and counseling to students in need. Students helping students is a way of reinforcing learning learning. Both students will benefit from the activity. j^nowledge, and the other''increased^sSf-esSpm. Under the direction of a ' teacher, students will learn integrate different styles of the components a certified music to appreciate and music as well as . . necessary for the creating of . , Activities will concentrate student participation to e
love of music and discover children of all music. on active encourage a life time musical talents in socio-economic levels. J ^ield trips will be used to enhance learninc ^roaden cultural experiences, t-n ' hands-on experiences, to provide experiences for knowledge of the SSnX ^he development of coping skills for students. cu specialists will schedule field levels. Each grade level will i variety of local and out of A Martin Luther King cus after targeted 6th grade field trip to the Martin (Memphis, Tennessee). Curriculum . trips for grade experience a town field trips. museum will be established students return from a Luther King Center Will oversee the publication -_ _ , . - ------1 of school event<! jji conjunction with the school events partners.choir Will learn choral presentation and performing as a group. They will represent the school at community functions and perform for their peers and PTA. Art club Science Club Will give students the chance to work on projects which require more time or teacher direction than usual as well as providing student produced art work for special occasion. Science activities especially planned for groups of interested students. School Ambassadors Direct visitors and assist them with euiy needs while they are in the school. Just Say No Club Debate Team Cheerleaders An anti-drug program offering drug education and peer support, training in handling real life situations involving pressure to use drugs. Will allow students to learn the basics of debating and researching a topic. Will give those students not on the team a means of representing the school. They will be an example of proper school pride and behavior. Flag Team Monitors the daily display of our flag and patriotism of the staff and students. Good Times Club (Incentive Program) An incentive program with activities for consistently well behaved students. Gymnastics Team A physical activity which most students can enjoy. Professional guidance can ensure safety student Council and proper gymnastic skills._______________ Gives students a chance to experience the democratic process through the election of officers . It gives those elected the Basketball Team opportunity to learn leadership skills. Sixth graders will compete against other schools in basketball. This increases school pride as well as physical abilities.These programs were added since school started: G.R.A.N.D. The G.R.A.N.D. Program promotes high standards and has effectively applied new concepts and techniques that captures the students attention and instills in them a sense of value that controls the quality of the most crucial of all variables contributing to the realization of goals, i.e., self-esteem coupled with positive control of emotions. This basic concept is the I Monthly Parenting classes Martin's Mentors formula for the G.R.A.N.D. Program and the framework for the longer-term goal of convincing the student to stay in school, set worthy goals, and resist gang activity.________ The King Counselors have established a monthly parenting program. The sessions address various topics such as parenting techniques, discipline, building self-esteem, and test taking and study skills.____________________ Students from fifth and sixth grade classes provide enrichment and tutoring to the primary grades on their Ixinch breaks. on a volunteer basis. This program is Family Life The Family Life Program has a curriculum that is age appropriate and includes information and materials on the following topics: 1) Self-esteem 2) Communication skills 3) Decision making skills 4) Reproductive health care including AIDS education A special teacher, along with the school counselor and nurse, will be working with all the students in the program. Graces Class The 4th, Sth, and 6th grade girls are participating in the Graces program. This Pride program is designed to help the girls develop social skills to conduct themselves in a ladylike manner, and to take care of their bodies. All of these factors will result in promoting the girls' self-esteem._________________________ Club PRIDE is a drug prevention program for 2nd and 3rd grade students at King courages students to reach out to their friends, youn students and the community with an assertive younger Staff choir drug-free message. Club PRIDE builds positive peer power, leadership, teamwork, and effective communication skills. The foundation of Club PRIDE is knowledge of the personal and social effects of drugs._____________________________ Our faculty choir was formed to enhance school spirit and staff relations. The choir will perform at the Brotherhood Program in February and at the Faculty-Parent Talent show in March.Total Number of Students Little Rock Students Pulaski County Students_________ Students Not from Pulaski County Blacks Whites Total Certified Staff BA Degrees BA + working on Masters MA MA + Partners in Education: Arkansas Children's Hospital Women In Energy Twin City Bank Wendy's of Little Rock______ Total No Volunteer Hours si nr-a B I . r I RECEn<5S0 APR 2 2 1994 C" cn IN THE UNITED STATES DISTR: Office of Desegregation Monitoring EASTERN DISTRICT OF AR WESTERN DIVISION ANS^ ,cbiSRi'Riiy ?'j?T HKAKSAS 54 APR 20 PH 5:50 LITTLE ROCK SCHOOL DISTRICT U^rCiSTKi BY_______ , PLAINTIFF V. LR-C-82-866 DEPUTY CbthK PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS BRIEF IN SUPPORT OF MOTION TO DESIGNATE KING INTERDISTRICT SCHOOL A MAGNET SCHOOL The parties have previously agreed (Joint Motion, February 13, 1992) and this court has found that the magnet designation has been a powerful recruiting tool. Order, March 5, 1992. In resonse to I b' a previous LRSD motion, the court found that "the King facilities and programs hold great promise for achieving magnet caliber", but concerns about delays in the development of King Interdistrict School and the integrity of the magnet designation caused the court to grant only provisional magnet status. King Interdistrict School is now nearing the end of its first year of operation as a fully functioning interdistrict school and has displayed the characteristics of a quality magnet program. Those characteristics are described by King's principal in Exhibit A to the accompanying motion. King is offering a high quality education program in a new facility and is deserving of the magnet designation. Designating King a magnet school will further the goals and expectations set forth in the LRSD and Interdistrict Desegregation Plans. Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol Street Little Rock, AR 72201 (501) 376-2011 Bvrx Christopher Heller Bar No. 81083 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Brief In Support of Motion to Designate King Interdistrict School A Magnet School has been served on the following people by depositing copy of same in the United States mail on this 20th day of April 1993. Mr. John Walker JOHN WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Sam Jones WRIGHT, LINDSEY & JENNINGS 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Mr. Richard Roachell Roachell and Streett First Federal Plaza 401 West Capitol, Suite 504 Little Rock, AR 72201 1 Ms. Ann Brown Desegregation Monitor Heritage West Bldg., Suite 510 201 East Markham Street Little Rock, AR 72201 Ms. Elizabeth Boyter Arkansas Dept, of Education 4 State Capitol Mall Little Rock, AR 72201-1071 Christopher Helle:hay 21994 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 2 9 Office of Desegregatoi tv.onucung LITTLE ROCK SCHOOL DISTRICT WESTERN DIVISION 8y
, V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL. DEFENDANTS MRS. LORENE JOSHUA, ET AL. INTERVENORS KATHERINE W. KNIGHT, ET AL. INTERVENORS MOTION FOR EXTENSION OF TIME The Joshua Intervenors respectfully move the Court for an extension of time until May 12, 1994 in which to respond to Little Rock School District's motions filed on April 20, 1994 and received by undersigned counsel on April 25, 1994 regarding the following: 1) Motion for Modification of Desegregation Plan
2) Motion to Designate King Interdistrict School a Magnet
and 3) Motion for Approval of Four Year Old Program Sites. For their reasons, Joshua states: 1. Undersigned counsel has not had the opportunity to devote the necessary time towards the preparation of response to said motions due to other trials and discovery commitments that had already been previously scheduled. 2. Opposing counsel has been contacted and has authorized counsel to state that they have no objection to this request for extension. 3. Said motion is being made in good faith, and is not being made for the purpose of delay. Wherefore, Joshua respectfully prays the Court to grant theextension of time, up to and including May 12, 1994. Respectfully, JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR (501) 31^-3153 72206 c-John W. Walker Wa 1 Rak MnC Kd f Bar NoC 64046 CERTIFICATE OF SERVICE I hereby certify that a copy of the fo:^going has been mailed, postage prepaid to all counsel on this .,39 April, 1994. JpHn W. WalkerRECEJVSr> IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MAR 1 5 J994 OHica of Cessgrsgaiion Mcniiof.'r? LITTLE ROCK SCHOOL DISTRICT PLAINTIFF VS. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO
1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS Notice of Filincr/Interdistrict School Assignment Guidelines The Plaintiff, Little Rock School District ("LRSD or "District"), for its Interdistrict School Assignment Guidelines, pursuant to the order of this Court, states: 1. By order filed and entered on February 4, 1994, this Court required the LRSD to develop and file specific guidelines regarding assignments to interdistrict schools in the LRSD. The order provided that the guidelines must be complete and filed within thirty (30) days from the date of the order. As such, the deadline was Sunday, March 6, 1994. 2. On Wednesday, March 2, 1994, counsel for the LRSD requested and was granted ten (10) additional days within which to file the required guidelines. Accordingly, the LRSD had through and including Wednesday, March 16, 1994.LRSD Interdistrict School Assignment Guidelines March 16, 1994 Page 2 3 . Attached hereto as Exhibit 1 is the LRSD Interdistrict School Assignment Guidelines as developed by the District's Office of Desegregation and submitted through the Superintendent of the LRSD. 4. Counsel for the LRSD has been authorized by the administration of the LRSD to submit Exhibit 1 as its student assignment guidelines for interdistrict schools located in the LRSD. WHEREFORE, the Little Rock School District submits its Interdistrict School Assignment Guidelines. Respectfully Submitted, FRIDAY, ELDREDGE & CLARK ATTORNEYS AT LAW 2000 First Commercial Building 400 West Capitol Little Rock, Arkansas 72201-3493 (501) 376-2011 ATTORNEYS FOR PLAINTIFF LITTLE ROCK SCHOOL DISTRICT B- L. Malone Bar No. I. D. 85096CERTIFICATE OF SERVICE I, Jerry L. Malone, do hereby certify that a copy of the foregoing Notice of Filing/Interdistrict School Assignment Guidelines has been mailed by First Class Mail, postage pre-paid on March 16, the following, except as otherwise indicated: 1994, upon Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Sam Jones Wright, Lindsey & Jennings 2200 Worthen Bank Building 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones Jack, Lyon & Jones, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Mr. Richard Roachell First Federal Plaza 401 West Capitol Avenue, Suite Little Rock, AR 504 72201 Mrs. Ann Brown (Hand-delivered pursuant to the order of the Court) Heritage West Building, Suite 520 201 East Markham Street Little Rock, AR 72201 Jerry L. Malone Little Rock School District Interdistrict School Assignment Guidelines It is the intent of the Little Rock School District ("LRSD") that LRSD interdistrict schools exist primarily to bring non-black students from surrounding school districts together with black students from the LRSD. LRSD non-biack students may attend interdistrict schools in the LRSD as outlined in the Districts assignment guidelines. The guidelines below will apply to ail interdistrict schools in the LRSD. 1. 2. The assignment guidelines are consistent with both the LRSD Desegregation Plan and the Interdistrict Plan with reference to the following sections: a) b) There will be established interdistrict schools which shall seek to obtain a ratio of between 60 percent and 40 percent of either race with the ideal goal of these interdistrict schools to be 50 percent black/white. Proposed interdistrict schools shall be phased-in to these ratios over time. (Interdistrict Plan, p.3) This plan will permit the treatment of interdistrict transfers (including the NLRSD) where students are moving from a situation where their race is a greater proportion of the total student body of a school to a school where their race is a lesser proportion of the student body of a school as Interdistrict Majority-to-Minority transfers under the Courts Order. (Interdistrict Plan, p. 11, Potential Interdistrict M-to-M Enhancements) The selection process will be as follows: a) Black students from the schools attendance zone^ will be assigned up to 51% of capacity at each grade level. If demand exceeds capacity, a lottery will be conducted to determine assignments. Students who cannot be assigned because of capacity will be assigned to the closest school with capacity which meets racial balance requirements. Their names will, however, be placed on a waiting list for the school. If the students closest school with capacity is an incentive school, that student may choose to attend that incentive school where such an assignment would not inhibit the initial reservation of seats for pre-kindergarten and kindergarten students. (However, these students still maintain their option to be assigned to an elementary area school in accordance with desegregation considerations.) ^These guidelines assume that interdistrict schools will be located in predominately black attendance zones.Interdistrict School Assignment Guidelines Page 2 b) c) d) Non-black students from the schools attendance zone will be assigned. Non-black students from Pulaski County Special School District (PCSSD) and beyond Pulaski County will be assigned through the Majority-to-Minority transfer process or appropriate State statutes. Seats will be reserved up to 49% of capacity as described by the LRSD Plan, page 147. After the winter pre-registration (normally held in or around February of each year), the number of seats reserved for PCSSD may be reduced to not lower than 40% of capacity or to that percent over 40% which is occupied by PCSSD students on that date. The remaining seats between 40% and 49% may then be made available for LRSD non-black students. However, LRSD non-black students will only be permitted to transfer to an LRSD interdistrict school where it does not cause the racial balance of the sending school to fall outside of acceptable racial balance. Children of staff members will be assigned after attendance zone and PCSSD students are placed. Transfers are subject to desegregation guidelines and the Interdistrict Plan, p. 141, Transfer of Children of Employees. 3. 4. Those LRSD students currently attending an LRSD interdistrict school may remain until they matriculate out of the sixth grade. However, the siblings of those students may not be assigned to an interdistrict school unless such an assignment complies with these Interdistrict School Assignment Guidelines. In no event wUl non-black students from the LRSD, PCSSD or elsewhere be aUowed to enroll in an LRSD interdistrict school where to do so would cause that schools enrollment to shift from being majority black (i.e. at least 50% +1) to majority white, thereby negatively affecting the interdistrict M-to-M funding status of that LRSD interdistrict school. IRECSSVED may 1 7 1994 Otfics oi Desegregation Monitoring IN THE UNITED STATES DISTRICT CO
EASTERN DISTRICT OF ARKANSAS s. DISTRlCTcoJar WESTERN DIVISION E-ASTSPn OiSTRh'TARKANa a. T-i 4 S 3 tots M/.Y 1 < I-'Z LITTLE ROCK SCHOOL DISTRICT, ET AL. ,ME3 W. UO. LR-C-82-866 i: OEP CLEiiX PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET. AL. DEFENDANTS MRS. LORENE JOSHUA, ET AL. INTERVENORS KATHERINE W. KNIGHT, ET AL. INTERVENORS RESPONSE OF JOSHUA INTERVENORS TO LRSD PENDING MOTIONS BEFORE THE COURT The Joshua Intervenors do interpose the following regarding the pending motions before the Court: 1) Motion to Designate King Interdistrict School a Magnet
2) Motion for Modification of Desegregation Plan
and 3) Motion for Approval of Four Year Old Program Sites. Joshua has no objection to King Interdistrict School being designated a Magnet school. Because of Little Rock chool District's failure to respond to Joshua regarding the resolution of the Stephen School issue. we respectfully request the Court to defer action on LRSD's other pending motions until after a hearing or after such time the Eighth (Sth) Circuit rules on the pending appeal. Respectfully submitted. John W. Walker, P.A. 1723 Broadway Little Rock, AR (501) 374-3758 72206 ACERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been mailed, postage prepaid to all counsel of record on this 16th day of May, 1994 . ( J- r John W. WalkerIN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT VS. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT No. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL ORDER FILED district COURT eastern district ARKANSAS JUN 2 8 1994 JAMES By.-. iCORMACK, CLERK OEf^CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Before the Court are two motions which the Court now addresses: (1) motion by the Little Rock School District (LRSD) for approval of four-year old program sites [doc.#2147], and (2) motion of the LRSD to designate King Interdistrict School a magnet school [doc.# 2162]. For the reasons that follow, the Court finds that each of these motions should be and hereby is granted. I. The LRSD seeks approval of eight sites for additional four- year-old programs for the 1994-95 school year. In support of its motion, the LRSD submitted on April 21, 1994 a revised list of the sites it has selected to complete its obligations for four-year-old programs during the 1994-95 school year in accordance with this Court's May 1, 1992 order. Objections to the proposed sites which had been raised by the Joshua Intervenors were dropped during a June 7, 1994 hearing on Stephens School. 2 2 2,5In selecting the sites, the LRSD states that it considered schools that are racially imbalanced and difficult to desegregate, and that it also focused on areas which have a very high concentration of low income families. The district also submits that it chose those locations it believes will best further the goals of disparity reduction and racial balance. Based on these considerations, the LRSD selected the following elementary school sites for the additional four-year-old programs: 4 .--Badgett: One additional class added by using space that is available within the building. 2. Bale: One additional class added by using space that is available within the building through the reassignment of classroom space (classroom space used for physical education on rainy days and for psychological testing). 3. Fair Park: One additional class added by installing a trailer, which would free up a classroom within the building. 4. Geyer Springs: One additional class added by offering only two kindergarten classes. The LRSD states that although it added a third kindergarten class after the start of the 1993-94 school year, the majority of students assigned to that class were from outside the school's attendance zones. Accordingly, states the LRSD, other assignments consistent with the desegregation plan should be available in the event non-attendance zone kindergarten students need to be accommodated during the 1994-95 school year. 1 5. Mabelvale: One additional class added by using a room available due to matriculating seventh grade students. 26. Watson: One additional class added by using space within the building obtained through sharing space with the Chapter I teacher (who is present three days a week) and the G/T teacher (who is present two and one-half days a week). 7. Woodruff: One additional class added by using space available within the building, 8. Washington: One additional class added by using space within the building. The-LRSD asks for a court order approving the locations, number of classes, and other terms as set forth above. Noting that these program additions will result in services to the total number of four-year-old children which the LRSD originally committed to serve under the terms of its desegregation plan, the Court grants the motion. II. By order dated July 9, 1993, the Court noted that the development of the King Interdistrict School "has been rife with delays, including those of site selection, theme identification and development, attendance zone delineation, staff hiring, and student recruitment
construction lags have been such that the building still may not be finished by the date students are to begin the 1993-94 fall term." The Court noted that "[w]hile the King facilities and programs hold great promise for achieving magnet caliber, at this time the Court will only provisionally grant the motion to designate King Interdistrict School a magnet school. The LRSD may recruit students to the school on the basis of its 3provisional status only." The Court stated, however, that it would approve full magnet status for the new school at such time that the parties could demonstrate that King is a fully functioning interdistrict school displaying the characteristics of a quality magnet as previously set forth in the case record. In the motion now before the Court, the LRSD states that the King Interdistrict School has become fully functioning a interdistrict school which has all of the characteristics of a qualityHuagnet school. The LRSD asks that the King Interdistrict School be designated a magnet school. The Court notes that during its first year of operation in 1993-94, King failed to achieve an enrollment that is within the racial balance guidelines for interdistrict schools. Black children comprised 65% of King's students, a proportion that lies outside the 40 to 60 percent enrollment ratio target set forth in the desegregation plans. Preliminary LRSD registration figures for the 1994-95 school year dated May 11, 1994 indicate that King's black enrollment is still not within the 40 to 60 percent range. Indeed, none of the LRSD's three elementary interdistrict schools achieved a racially balanced student body during the 1993-94 school year, and the preliminary registration figures show that all three still remain outside racial balance guidelines. Furthermore, all three have an enrollment that is well below each building's capacity. During a hearing on June 7, 1994, the Court urged the LRSD to revise its Interdistrict School Assignment Guidelines, a document filed March 16, 1994. As written, the guidelines severely restrict 4the district's ability to accept intradistrict transfers of white students into the LRSD interdistrict schools. Broadening the guidelines to promote intradistrict transfers can help the interdistrict schools achieve their full complement of students in racially balanced proportions. In addition, the Court admonishes the parties that they are obligated to continue to aggressively recruit students to the interdistrict schools in accordance with the desegregation plan provisions. -In respects other than enrollment, King appears to be functioning at a level of service and quality consistent with that which characterizes magnet schools. Therefore, the Court approves magnet status for King with the expectation that the LRSD will expeditiously revise its Interdistrict School Assignment Guidelines to facilitate intradistrict transfers of white students. thus promoting racially balanced school enrollments. Such intradistrict transfers are to be consistent with the desegregation plans and the law of this case. IT IS SO ORDERED this day of June 1994. UNTTED STATES'" DI UNTT' DISTRICT JUDGE rmS DOCUMENT ENTERED ON DOCKET SHEET W COMPLIANCE WITH BULE 58 AND/OR 7S{a) FRCP ON BY k 5' RECEIVED JUN 2 9 1994 Office of Desegregation Monitoring IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FILED COURT eastern district ARKANSAS JW 2 8 1994 iCORMACK, CLERK oefclerk LITTLE ROCK SCHOOL DISTRICT PLAINTIFF vs. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT No. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENORS KATHERINE KNIGHT, ET AL INTERVENORS ORDER Before the Court are two motions which the Court now addresses: (1) motion by the Little Rock School District (LRSD) for approval of four-year old program sites [doc.#2147], and (2) motion of the LRSD to designate King Interdistrict School a magnet school [doc.# 2162]. For the reasons that follow, the Court finds that each of these motions should be and hereby is granted. I. The LRSD seeks approval of eight sites for additional four- year-old programs for the 1994-95 school year. In support of its JAMESJV.^C 14AZ motion, the LRSD submitted on April 21, 1994 a revised list of the sites it has selected to complete its obligations for four-year-old programs during the 1994-95 school year in accordance with this Court's May 1, 1992 order. Objections to the proposed sites which had been raised by the Joshua Intervenors were dropped during a June 7, 1994 hearing on Stephens School. 2 2 2 1In selecting the sites, the LRSD states that it considered schools that are racially imbalanced and difficult to desegregate. and that it also focused on areas which have very high concentration of low income families. The district also submits that it chose those locations it believes will best further the goals of disparity reduction and racial balance. Based on these considerations, the LRSD selected the following elementary school sites for the additional four-year-old programs: -1. Badgett: One additional class added by using space that a is available within the building. 2. Bale: One additional class added by using space that is available within the building through the reassignment of classroom space (classroom space used for physical education on rainy days and for psychological testing). 3. Fair Park: One additional class added by installing a trailer, which would free up a classroom within the building. 4. Geyer Springs: One additional class added by offering only two kindergarten classes. The LRSD states that although it added a third kindergarten class after the start of the 1993-94 school year, the majority of students assigned to that class were from outside the school's attendance zones. Accordingly, states the LRSD, other assignments consistent with the desegregation plan should be available in the event non-attendance zone kindergarten students need to be accommodated during the 1994-95 school year. 5. Mabelvale: One additional class added by using a room available due to matriculating seventh grade students. 26. Watson: One additional class added by using space within the building obtained through sharing space with the Chapter I teacher (who is present three days a week) and the G/T teacher (who is present two and one-half days a week). 7. Woodruff: One additional class added by using space available within the building, 8. Washington: One additional class added by using space within the building. The-LRSD asks for a court order approving the locations, number of classes, and other terms as set forth above. Noting that these program additions will result in services to the total number of four-year-old children which the LRSD originally committed to serve under the terms of its desegregation plan, the Court grants the motion. II. By order dated July 9, 1993, the Court noted that the development of the King Interdistrict School "has been rife with delays, including those of site selection, theme identification and development, attendance zone delineation, staff hiring, and student recruitment
construction lags have been such that the building still may not be finished by the date students are to begin the 1993-94 fall term." The Court noted that "[w]hile the King facilities and programs hold great promise for achieving magnet caliber, at this time the Court will only provisionally grant the motion to designate King Interdistrict School a magnet school. The LRSD may recruit students to the school on the basis of its 3provisional status only." The Court stated, however, that it would approve full magnet status for the new school at such time that the parties could demonstrate that King is fully functioning a interdistrict school displaying the characteristics of a quality magnet as previously set forth in the case record. In the motion now before the Court, the LRSD states that the King Interdistrict School has become fully functioning a interdistrict school which has all of the characteristics of a quality-magnet school. The LRSD asks that the King Interdistrict School be designated a magnet school. The Court notes that during its first year of operation in 1993-94, King failed to achieve an enrollment that is within the racial balance guidelines for interdistrict schools. Black children comprised 65% of King's students, a proportion that lies outside the 40 to 60 percent enrollment ratio target set forth in the desegregation plans. Preliminary LRSD registration figures for the 1994-95 school year dated May 11, 1994 indicate that King's black enrollment is still not within the 40 to 60 percent range. Indeed, none of the LRSD's three elementary interdistrict schools achieved a racially balanced student body during the 1993-94 school year, and the preliminary registration figures show that all three still remain outside racial balance guidelines. Furthermore, all three have an enrollment that is well below each building's capacity. During a hearing on June 7, 1994, the Court urged the LRSD to revise its Interdistrict School Assignment Guidelines, a document filed March 16, 1994. As written, the guidelines severely restrict 4I the district's ability to accept intradistrict transfers of white students into the LRSD interdistrict schools. Broadening the guidelines to promote intradistrict transfers can help the interdistrict schools achieve their full complement of students in racially balanced proportions. In addition, the Court admonishes the parties that they are obligated to continue to aggressively recruit students to the interdistrict schools in accordance with the desegregation plan provisions. -Inrespects other than enrollment, King appears to be functioning at a level of service and quality consistent with that which characterizes magnet schools. Therefore, the Court approves magnet status for King with the expectation that the LRSD will expeditiously revise its Interdistrict School Assignment Guidelines to facilitate intradistrict transfers of white students. thus promoting racially balanced school enrollments. Such intradistrict transfers are to be consistent with the desegregation plans and the law of this case. IT IS SO ORDERED this cXP day of June 1994. UNITED STATES'" I^STI 'RICT JUDGE ANGE WTH THIS DOCUMENT ENTERED ON DOCKET SHEET M COMPLIANCE BULE 5 AND/OR 79(a) FRCP k 5
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