M to M (Majority to Minority) transfers

UJ/ 110/ / i / : OU (.0 Arri^-iL.^ 4ia '^ '^ * UNITED STATES COURT OF APPEALS FOR THE EIGHTH circuit No. 96-3333 RECEIVED I MAR 3 11997 Little Rock School District
A A Appellant, OFFICE OF DESEGREGATION MONITORING Lorene Joshua
Intervenor Plaintiffs, * Servicemaster Management Services
Intervenor, * Anne Mitchell
Bob Moore, Pat Gee
Pat Rayburn
Mary J, Gage
* North Little Rock Classroom Teachers Association
Pulaski Association of Classroom * Teachers
Little Rock Classroom * Teachers Association
Alexa Armstrong
Karlos Armstrong
Ed Bullington
Khayyam Davis
Janice Dent
John Harrison
Alvin Hudson
Tatia Hudson
Milton Jackson
Leslie Joshua
Stacy Joshua
Wayne Joshua
Katherine Knight
Sara Matthews
Becky McKinney
Derrick Miles
Janice Miles
John M. Miles
NAACP
Joyce Person
Brian Taylor
Hilton Taylor
'Parsha Taylor
Robert Willingham
Tonya Willingham
A A A Appeal from the United States District Court for the Eastern District of Arkansas. Intervenor Plaintiffs, V. North Little Rock School District
Leon Barnes
Sheryl Dunn
Mac Faulkner
Richard A. A A A03/28/a
i/ :37 Udo Giddings
Marianne Gosser
Don Hindman
Shirley Lowery
Bob Lyon
George A. McCrary
Bob Moore
Steve Morley
Buddy Raines
David Sain
Bob Stendar
Dale Ward
John Ward
Judy Wear
Grainger Williams
Defendants, * Pulaski County Special School District
Appellee, it State of Arkansas, Defendants, Office of Desegregation Monitor
* Claimant, Horace A. Walker
P. A. Hollingsworth
Kenneth G. Torrence
Phillip E. Kaplan
Janet Pulliam
John Bilheimer
Dale Charles
Robert L. Brown, Sr.
Gwen Hevey Jackson
Diane Davis
Raymond Frazier
Plaintiffs, * V. Pulaski County Board of Education
O. G. Jacovelli, individually and as President of the Board of Education of lb* lb A lb * the Little Rock School District
* Patricia Gee, individually and * in her official capacity as a * member of the Board of * Education of the Little Rock * School District, a public body
* Dr. George Cannon, individually * and in his official capacity as a member of the Board of Education of the Little Rock -2-03/28/97 17:38 031^3^945 US COURT APPEALS 1^006 School District, a public body
* John Moore, individually and in * his official capacity as a member of the Board of Education of the Little Rock School District, a public body
* Dorsey Jackson, individually and in his official capacity as a member of the Board of Education of the Little Rock School District, a public body
lb Dr. Katherine Mitchell, Indivi- * dually and in her official capacity as a men)er of the Board of Education of the Little Rock School District, * a public body
W. D. Hamilton, * individually and in his official* capacity as a member of the Board of Education of the Little Rock School District, public body
Cecil Bailey, Individually and in his a official capacity as a member of the Pulaski County Board of Education, a public corporate
Thomas Broughton, individually and in his official capacity as a member of the Pulaski County Board of Education, a public corporate
Dr. Martin Zoldessy, individually and in his official capacity as a member of the Pulaski County Board of Education, a public corporate
* * * * * * * Defendants, * * Submitted: February 25, 1997 Filed: March 31, 1997 Before RICHARD S. ARNOLD, Chief Judge, and HEANEY and MOLLMAN, Circuit Judges. -3-HEANEY, Circuit Judge. Little Roclt School District (LRSD) appeals from an order of the United States District Court for the Eastern District of Arkansas requiring it to pay the Pulaski County School District (PCSSD) $345,294 pursuant to settlement agreement in the a interdistrict desegregation case. We affirm the order of the district court essentially for the reasons stated in its opinion. At issue in this appeal is the entitlement to majority-to*- minority [M-to-M] payments and the amount each school district would receive pursuant to the settlement agreement, the settlement agreement provides in part: Paragraph O-of [A]11 M-to-M payments generated by Interdistrict School students paid by the State to LRSD and PCSSD (including payment to each district as sending district and receiving district), except transportation payments, will be pooled for the education of all Interdistrict School students. The instructional budgets of the Interdistrict Schools will be equalized. This provision does not change each district's obligation to construct and maintain the Interdistrict Schools within its boundaries. (Settlement Agreement, II, I 0(3).) Pursuant to this court's.instructions, the district court judge conducted an evidentiary hearing and subsequently ordered: [F]or each school year, the amount of LRSD's and PCSSD's financial contribution to the pool is calculated in accordance with Paragraph 0 of the Settlement Agreement. [There IS no dispute as to calculating these amounts.) the methodology for The total amount of funds in the pool for a given year is then divided by the total -4-number of M-to-M students in the interdistrict schools in both districts to arrive at an equalized, per-student dollar amount for educating them in the Interdistrict schools. For each school district, the equalized per- student dollar amount is then multiplied by the number of M-to-M students hosted by that district in its interdistrict schools to determine the amount of the pooled funds to which each district is entitled. Little Rock School Dist. v. Pulaski Cty. Special school Dist. No. LR-C-82-866, at 3 (E.D. Ark. July 30, 1996) (citations omitted) , On appeal, LRSD argues that the district court erred in dividing the pool based on the number of M-to-M transfer students
rather, it asserts that the court should have divided the pool based on the total number of students in the interdistrict schools. Under LRSD's method of calculation, PCSSD would owe LRSD $1,270,839, instead of LRSD's owing PCSSD $345,294 as ordered'by the district court. We review the factual findings of the district court under a clearly erroneous standard and its interpretation of the Settlement Agreement de novo. The district court's interpretation of paragraph 0 is an acceptable one: it is just, it will promote voluntary interdistrict transfers to interdistrict schools, and it will provide a financial incentive to both districts to receive M- to-M transfer students- Cty, Special. School Dist 1990). Little Rock School Dist. v. Pulaski 1, 921 F.2d 1371, 1394 (Sth Cir. Werecognize that LRSD spends more per pupil to educate its students in the interdistrict schools than PCSSD does and that the district court formula will not fully equalize these costs, but we do not believe that these differences are sufficient to release LRSD from its pooling obligation. Such a release would certainly -5-03/28/97 J JuLki ita uua inhibit efforts to provide an integrated education to many students, proposal. the principal objective of the school integration Nor are the differences sufficient to justify the alternative method of equalization suggested by LRSD. The practical problems in that approach were found by the district court to be insurmountable and we are not prepared to say that the district court erred in making that assessment. The judgment of the district court is affirmed- A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -6-IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT LITTLE ROCK SCHOOL DISTRICT RECEI L? V. NO. 96-3333 APR 1 4 1997 PULASKI COUNTY SPECIAL SCHOOL DISTRICT DESEGREWTlOfJ MONlTOfiiKa^^ MOTION FOR EXTENSION OF TIME For its motion, the Little Rock School District (LRSD) states: 1. LRSD's deadline for filing a petition for rehearing by the panel is April 14, 1997. Because of the time necessary for a public body such as LRSD to determine a course of action. and because of the press of business, LRSD requires additional time within which to file its petition for rehearing by the panel. 2. Mr. Sam Jones, counsel for the Pulaski County Special School District, has stated that he does not oppose this motion. WHEREFORE, for the reasons set forth above, LRSD requests an order extending the time within which it may file a petition for rehearing by the panel of fourteen (14) days, to and including April 28, 1997. Respectfully submitted. LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK First Commercial Building 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 501/376
:Z0ii--// Arkansas Bar No. 1083 f:'han\k*xfay'ppeal\3333xxiCERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion for Extension of Time has been served on the following on this 11th day of April, 1997: 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 Heritage West Bldg., Suite 510 201 East Markham Street Little Rock, AR 72201 Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 f:^tanB\la(iQA|]pMl\3333xxt 2 Office of Desegregation Monitoring United States District Court Eastern District of Arkansas Ann S. Brown, Federal Monitor 201 East Markham, Suite 510 Heritage West Building Little Rock, Arkansas 72201 (501)376-6200 Fax (501) 371-0100 To: From
Nancy Acre, Director of Student Assignment Melissa Guldin, Associate Monitor Subject: M-to-M Data Date: June 17, 1998 We are currently updating our records on M-to-M student transfers. We have some data regarding the LRSD students participating in the M-to-M program for the years through 1993-94. We do not have the figures for any years subsequent to 1993-94. Please send us: the numbers of LRSD students participating in the M-to-M program during 1994-95. 1995- 96, 1996-97, and 1997-98. It would be helpful if this information included both the sending (LRSD) and receiving school (NLRSD or PCSSD). However, the data must include the receiving district the data regarding the number of M-to-M students transferring to the LRSD from NLRSD and PCSSD. We would expect that the race of students transferring from the LRSD would be black and the race of students transferring to the district would be white, but the shifting demographics in the NLRSD could allow for some variance from this expectation. In order to keep everything perfectly clear, please be sure to designate the race of the transfer students as part of your data. I would appreciate receiving this information by July 6, 1998. If you have any questions, or if the date is a problem, please call me.RECEIVED C.-. FILED JUL 2 1998 U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS OFFICE OF DESEGREGATION MONITORING IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUL 0 rl99fl JAMES W. McCOBMACK, CLERK By
LITTLE ROCK SCHOOL DISTRICT, Plaintiff, vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, etal.. Defendants, MRS. LORENE JOSHUA, et al.. Intervenors, KATHERINE KNIGHT, et al., Intervenors. * * * * * * * * * * * * * DEP CLERK No. LR-C-82-866 f ORDER Pending before the Court is a motion filed by the Pulaski County Special School District (PCSSD") requesting summary judgment and an Order directing the Little Rock School District (LRSD") to pay over immediately the sums owed to the PCSSD pursuant to the pooling agreement.' In open Court today, counsel for the PCSSD stated that, after discussing the pooling agreement matter with counsel for the LRSD, the PCSSD moved to withdraw without prejudice its pending motion regarding the sums owed pursuant to the pooling agreement. As stated on the record, this Court grants the PCSSDs request. The PCSSDs motion regarding the pooling agreement is hereby dismissed without prejudice. IT IS SO ORDERED THIS day of July 1998. ' UUNMITTEEDD SsTtAaTtEeSs JUDGE 1 Docket No. 3161. rmS DOCUMENT ENTERED ON DOCKET SHEET IN COMPLIANCE RULE SS AND/OR 79(a) FRCP ON BY_ r' LRSD SOMM^iRY OFM-TO-M TRANSFER STUDENTS iPednesday, August OS, 1998 [ [ Year Student 1994-95 1995-96 1996-97 1997-98 10 274 791 249 570 946 1421 154 527 1097 1392 98 536 1245 1390 Receiving District LRB NLR PCS NLR LRS PCS LRS NLR LRS PCS LRS NLR LRS PCS LRS Sending District PCS LRS LRS LRS NLR LRS PCS LRS NLR LRS PCS LRS NLR LRS PCS RECEIVEO AUG %o 1998 OFFICE OF DESEGREGATION MONITORING LRSD INFORMATION SERVICE DEPT. Page I of 1CN O X h trlTTLB kOOC PietVleb " FAPD NO. 3A 76-01 tsXA tfuabec isaaaa. school year I i <I I 3*1' Lr u_ S' I 1 XO/23/S8 B&ding DsiTe' 1 MAGNET SCHOOL REPORT SUPERINTENDENTS QUARTERLY ATTENDANCE REPORT. KI 2 ADT - ADA - ADM' TELEPHONE NUMBEFCJ24^2QtXL This Is to report Intormalioo co the students sttending msgeet schools. I 1 Days b* Otr 2-.'_[ ZZE Dyj| in Artendwee T* Nf A A. i Ja-.I Total Ce(23 Deys AbsenT ToM T*Kr KIMOERGARTEN I ADM ToM Col 4*3 mXCoil DY In AttendenM T NT U IX XL I XX ! XA C, Little Rock (7641) sent to Lrttte Rocl( (78^1) C. North Little Rock (76-02) sent to Little Rock (78-01) 4b1 1? I s.ur 2U MT 33AM 3M 7ZA33 KI NPERGARTEW 11AM e,Boa Total CokMfm* 7*3 GRAPES MIM QRA0E8 7. MAM C3J29 27,5M MAS3 GRAPES 1-S nm ORAOes 7-13 KM* Deys Ahoant Total T*WT 1yM IA3S A21 3sa 333 ADM TcrtM Cd 9*14 -:Cof 1 2AM Combined Tobi Owclen K 12 ADT CI27 .iColl ADA Cel 4*4 .:coii ADM Coi44* MUM Coll 1.793 2.382 2,U9 IP o CM C'j co O m C. Pulasfo'Coenty Special (76-03) - sent to fO M 1333 1AM 41 U 29,343 29AM Ml 473 4M 3M KrNDERGARTEM GRAPga 1.4 24A33 20 am 740 L LHtle Rock (76-01) GRAPES 7-13 Utas M,t22 7S4 Total K*U 44 2.374 2,374 <7 o CM Total to he used in funding I I 1 39,237 I 39,237 1A*4 cn CP u 2 ' Number of KIndeigerten pupDe enrolled ,) querter: Fall-Time.
U HelfTIme
Additional Instruction, are on the back CD CM S> . VCS G3 LiJ (5 <I Q. I Lirrtg ROCK Distiict 17-01 LBA ttiunbeir 1 10/23/98 Oct nnai ng" Dat---------- FAPD NO. 38 11/13/98 ^aLe 3iwo)Xc ceo I laaszisa school year XJrtfTRjBKeF* Jli Superintendent This report is due within fifteen (15) days after the RqcK, Arkansas 72201 and one copy to tie Counly Board of Education? Earh' M to M TRANSFERS SUPERINTENDENT'S QUARTERLY ATTENDANCE ADT - ADA - ADM TELEPHONE NUMBER J24:200.(J_ REPORT, K12 > CL LJ cn o z 4 I I 7-r ) A I KIN OE^ A f T quartet is to be no less than 40 and i i Figuics in column* 2 IhAi 14 sAculd t* to ihe ra*rtst ^Mioie nu*^ ! i I I Qdr *T Oi GARTEN >aysJadUiuuiaoce.J NT |cn'3 ( J ! A ! 7 a no more than SO days. I 2L GRADES 1 - 12 Ui Seivices, M Slate Capitol Mall, Room 202.A, Little I i II I I '*1 i i.'" ___Py*Attendance Abseflt i____________________r...............T 'Absefli i - j Cof4*S Total TNT I -Coll ]..... I .mt I "TOT-- Column* 8 Absent Total T4NT I JA I 11 u_ Q : C. Resident pupils sent to other di5trict(s) under "M to M" transfers List PistTicttsl North Lltil Rock iA# f FuUsJri County Special Pvtaski County Sprcfal P-4 I I 7 w 45 49 D. Total C of columns 12,13,14. These II L 1^, iiKse will be used for State Equalizatron Aid i Total ColHtO i .iCol 1 Aor Col 2*7 -:Col 1 3 COMBIWEOlOTAt GRAOtS K . 12 AOA Cot 4*9 I -ccod ADM Col 4+5* 91(t: Cot 1 2.820 I 3.788 I 3.481 I t.o I 41 puqQoses I I 3,rc8 J I 237 I 142 7> f I I 4e I i 8T I 10,MS j 44.821 I I 103114 I 4t.t 57 i dSB 1,771 i i I I 2S3 tar 298 f,128 i i.nt 1^13 cn o Cl O'! CO in : E. Non-Resident pupils received from other , district(s) under "M lo M" transfers si Isi Id L North Little Rock Pulaski County Special Pufasfci County Special P-4 40 45 49 ) I I I 113 133 ( S 1,818 1.594 un I 1.<4< { 58 71 I I t I } 3 I 1.189 1.189 T 42 37 I 15,181 15.181 I ** i 74< I n 354 I i 1 2 378 39 398 uD I O H, Humber of kindergarten pupils enrolled (his quarter" Full-Time JB3_ HalMtme I I Additional Instructions on tn cn lD C4LITTLE ROCK District 77-01______ LEA Nuxober 10/23/97 Qrtr EiTciin^Date 11/21/97 Date Bubmittecl 1 Qrtr Nunicer recehie FAPD NO. 3B -1997- 98 SCHOOL YEAR M to M TRANSFERS Signati SEP 11 1998 at superintendent SUPERINTENDENT'S QUARTERLY ATTENDANCE REPORT, KI 2 ADT - ADA - ADM TELEPHONE NUMBER_324=2.Q.0,0__ OFFICE OF DESEGREGATION MONITORiBS This report is due within fifteen (15) days after the end of each quarter (Ark.Code Ann. 6-18-213). Send one copy to the office of Local Fiscal Services, #4 State Capitol Mall, Room 202-A, Little Rock, Arkansas 72201 and one copy to the County Board of Education. Each quarter is to be no less than 40 and no more than 50 days. j I I I I ric'. n columns 2 thru 14 should be to me nearest whole number Days in Qrtr *T I. KIND EiR GARTEN Days in Attenrianr-ft *NT Total Col 2+3 Days Absent Total T+ NT ADM Total Col 4+5 Col 1 a. GRADES 1 -12 Days in Attendance *T lUT Total Columns 7 + 8 in Days Absent Total T+NT JI Total Col 9+10 -iCoH. II ADT Col 2+7 -iCol 1 II II COM BIfJED TOTAL GRADES K-12 ADA Coi 4+9 -4 Col 1 ADM Col 4+5+ 9+104 Cot 1 I 7 I A 1 1 i i C. Resident pupils sent to other district(s) under "M to M" transfers I I T I i I I List Dtstrict(s) North Little Rock LEA# 43 I 4,009 4,009 i 21Z 100 93 100 Pulaski County Special 3,810 3,810 168 88 Pulaski County Special P-4 45 2,673 2,673 98 62 I -4?p48 i I t VWS-' I 4r44fl- I 1,190 45 i i I I I D. Total C of columns 12, 13, 14. These will be used for State Equalization Aid purposes ///7 E. Non-Resident pupils received from other district(s) under "M to M" transfers /^OL i List Districtfs) North Little Rock Pulaski County Special LEA# 45 90 90 Pulaski County Special P-4 45 I 1,524 I 1,625 I 1,524 1,625 62 95 35 38 H. Number of kindergarten pupils enrolled this quarter" Full-Time 44 Half-time 1,612 I 15,751 I 1,612 15,751 j 111 38 38 40 633 364 384 399 Additional instructions on back FlN-09-00-005 5/91 i 7 2 i I i I i V /j/n^lLyrU XJ&ipCfr ' r r ./} A .-I, VO 1)^1I C. 0. E. G. H. Lillie Rock Distria FORM NO. FAPO-38 Figures in columns 2 thru 14 should be to the nearest whole number______________ Resident pupQs sent to other (fistCs) under M to M' transfers List Districts Pulaski County Pulaski County North Little Rock LEA NO. Total C of columns 12, 13. 14. These win be used for MFP/Trartsp. Aid purposes Non-residerrt pupils received from other district(s) under 'M to M' trartsfers. List Disuicts LEA NO. Pulaski County North Little Rock Pulaski County - P4 Total E 77-01 LEA Number 10/15/96 Quarter Endisg Date 11/4/96 Dau Submioed 1 QuansNumber M to M TRViSFERS ' SUPERINTENDENT'S QUARTERLY ATTENDANCE REPORT, GRADES K-12 ACT - ADA - ADM Thii report u due witfain fifteen (15) dajs after tbe end of the quarter (.Ark. Code .Aim. 6-18-213. Su^- 1991). Scad ooe copy to du office of Local Fiscal SnSeei,it4 Capitol SlalL Room 202.A. Little Rock. Arkansas 72201 and ooe copy to the Coinay Board of Edocadoo. Eacbqnaneru lobe DO less fort>- (40) sad no more I 3 fifty (50) day. I KINDERGARTEN DAY3 IN ATTENDANCE I S 7 8 9 I DAYS .ADM SEP 11 199? OFFICE OF DAYS IN OTR. NT* TOTAL COL 2+3 ABSENT* TOTAL TOTAL COL 4+5 /COL I 43 43 42 40 40 40 40 Number of kindergarten pupfe enrolled this quarter: 4023 2042 1927 so 1923 2007 FuU-tiaie: 4023 2042 1927 SO 1923 2007 62 160 90 24 57 24 Half'doe: 97 50 49 2 50 51 43252 6226 1996-97 Year Pbooe 32- ffiSFfiRFGATIONMOm1TTQQRRlINNS3 , , y ! / ! n / 10 II 12 I 13 I 14 GRADES 1 12 D.AYS IX ATTEX'DAXCE TOTAL DAYS TOTAL ABSENT T+NT ' TOTAL COL 9+10 /COL XT COLfMXS 7+8 43252 6226 I 15377 1576 16953 AdditKXX^ tastrocooo* od hart 15377 1576 16953 1955 358 526 77 603 FTN-O9-00-005 5/91 1051 157 398 41 439' COMBINED TOT-AL GRADES K- 12 ADT COL /COL .AD.A COL 4 - 9 /COL 1 ADM COL 4-5^ 9-iaCOL 1 W/P4 1099 148 U48 1099 148 U48 433 41 474 1149 157 1^05 446 43 489 Li tt1e Rock 77- d! LEA Number 10/21/93 Quarter Ending Date 11/12/9.3______ Date Submitted 1 Quarter Number Signature of SSuuppeerriinnttiendent 3EC5KF'LFAPD-3B 1993-04 School Year M to M TRANSFERS Telephone Number 324-2285 SUPERINTENDENT'S QUARTERLY ATTENDANCE REPORT, GRADES K-12 SEP 11 1998 ADT ADA ADM Off ICE OF DESEGREGATION MONITORING (15) days after the end of each quarter (Ark. Code Ann. 6-18-213, Supp. 1991). Keep one copy to tbe office of Statistics This report is due within fifteen ----------- . . , , and Local Fiscal Services, #4 State Capitol Hall, Rocet 202-A, Little Rock, Arkansas 72201 and one copy to the County Board of EducaUon. Each quaiter is to I kigures in columns 2 thru 14 he no less than 40 and ry Bcre than 50 days. 1 2 T~TI 4 I 5 6 7 8 9 10 11 12 is T 14 KINDERGARTEN Days in Attendance GRADES 1 12 should be to the -'nearest whole number. Days in Qrtr T NT Tota.l Col. 213 Days Absent Total T t NT ADM Total Col. 4t5 t Col. 1 Days in Attendance T NT Total Columns 7+8 Days Absent Total T t NT Total Col. 9+10 + Col. 1 ( COMBINED GRADES ADT Col. 2+' t Col. K ADA Col. 4+91 + Col. 1| TOTAL - 12 I ADM ll Col. 4 + 5 + .1 9 + 10 + 1 C. Resident pupils sent to other district(s) under "M" to "M" transfers. District(s) Pulaski County North I ittip Bnrk, LEA 43 13 3201 13 320.4. 197 23. 3143-5. 31.435 1203. Uh. .and. 13 3. 2. 11360. 11,36a 811 283 233. 233. 233. D. Total C of columns 12, 13, 14. These will be used for MFP/Transp Aid purposes. 4 E. Non-resident pupils received from other dlstrict{s) under "M" to M'* transfers. D i strict (.s) LEA t) Pulaski r.niinty 33 1033 1037. 1 33 15978 15,978. 136. 384 313 409- North little Pnrk PCSSD - P4 Tol al E 43 43 43 II. MwiUkT ul kiiidergarten pupils enrolled this quarter: -213. 1343 1270___ EulJ-Titne _213. 1343 3 3 3333 3,311 _L33 83 27 32 34. 31 .93 32 1270 33 11
lldlt-Timo 30. AUdilioiial inalruct loiis on back 19369 19.369 93 487 fm-oy-Dii-ous 5/+1 W/P4 lao. 511 .493 529 Office of Desegregation Monitoring United States District Court Eastern District of Arkansas Ann S. Brown, Federal Monitor 201 East Markham, Suite 510 Heritage West Building Little Rock, Arkansas 72201 (501)376-6200 Fax (501) 371-0100 October 18, 1999 Ms. Julie Wiedower, Interim Director of Student Registration Little Rock School District 810 West Markham Street Little Rock, Arkansas 72201 Dear Julie: The Office of Desegregation Monitoring is examining the effects of interdistrict transfers of magnet students and M-to-M students on the racial balances of the districts and schools in Pulaski County. This examination will not include school choice transfers or special case transfers, because the study is limited to the effectiveness of desegregation strategies described in plans, stipulations, or agreements in the desegregation case. To examine the effects of the transfers, we ask that you identify, by residence attendance zone, the race, grade level, and receiving school of all students who transferred out of their home attendance zones as magnet or M-to-M students for the 1999-2000 school year. In order that I may verify the above data, please provide also, in the same format, the lists of students received by each school as M-to-M or magnet transfers. We will use the data to simulate the racial make-up of schools as if all students were attending their neighborhood or area schools and compare the simulated enrollment of each school to existing enrollment. We believe the M-to-M and magnet programs have been remarkably successful desegregation strategies, but, because no comprehensive study of them has been conducted, we do not know the extent of their successes. This study may yield information useful for planning future desegregation strategies. As usual, we appreciate the cooperation you give us. I will discuss timetables of this project with you as the need arises. Sincerely, Gene Jones, Associate Monitor 12/10/2001 14:17 5013242079 LRSD FINANCIAL SERV ' >k^4JAGE 01 MAGNET STUDENT QUARTERLY ATTENDANCE RSPORT TV 2001/02 received DEC 1 0 200! (rOft CALCULATING ADT. ADA. AND ADM OF MAOiJZT SCHOOL STUDENTS IN GRADES R-12) 6001000 COUJaTYt PULASKI DISTRICTS Little JUaeit school Diatrict QUARTS KO. OmCEOF DESf^SPfGAPON MONITORING 1 - 7601 LITTLE ROCK STUDENTS SENT TO - 7601 little rock MAGNET SCNOOLS 7602 MORTH little ROCK STUDENTS SENT TO 7601 LITTLlG rock MACNET SCHOOLS < 7603 PUTA5KI CO SPECIAL STUDENTS SOfT TO = 7601 LITTLE ROCK MAONET SCTOOl^ 1 DAYS IM CFTR *0 *0 *0 2 DAYS PRESENT TRANSPORTED 57392 12* 241 3 DAYS PRESENT MON' transported 35896 10792 35797 4 S 6 7 DATS AeSSNT 2995 778 1212 TOTAL ADT. ADh. AND ADM OF STUDENTS ATTStWlNG MAGNET SCHOOLS: STUDfiMTS ELIOXRLE to BE COUNTBO AS TRANSPORTED RjSPECTIVfi ASSIGNED SCHOOLS t PAGE* 1 1 i t C 2^ S:-
fiDt 2/1 ADA 2-*.3/l ASM 23**/l 1*34.ao 2332.21 2*07.07 3.11 6.03 1*43.9* *72.90 900.96 3706.07 492.33 931.26 3830.66 INCLUDE RE5ID?*r STUDENTS JOSSTDIMG TWO ROUTE MILES OR H0R PRO* THAIR %12/10/2001 14:17 5013242079 LRSD FlhWCIAL SERV PAGE 02 M TO M STUDENT QUARTERLY ATTENDANCE RDFORT FY 2001/03 (FOR CALCUIJ^TIIKS WOT. AD&. AND ADM OF M TO M 8CWOOL STUDSWTS IN GRADttS K-12) LEA: SOCIOOO COUMTT
PUIASKI DISTRICT* Lxt&ie Rock School 0i*crlcc CUARTEF, NO. 1 DAYS DAYS DAYS PRESENT in PRESENT nomDAYS ADT ADA ADM QTR TRANSPORT]^ TRANSPORTED ABSENT 3/1 2*3/1 2-.3*4/l 1 2 3 5 6 1 NON-RESIDENT STUEEmS RECEIVED TO (BY H TO M transfer: 7701 LITTIzS ROCK 40 0.00 0.00 o.oc 7702 HORTU DITTDE ROCK 40 508 17 0.00 12.59 13.00 7703 PUX^Kl CO SPECXAX 40 13255 1007 0 00 331.17 3Se.32 TOTAL ADT, ADA. AND ADM OF M TO M RECEIVED
STUDENTS ELIGIBLE TO BE COUirTBD TRANSPORTED INCLUDE RESPECTIVE ASSIGNED SCHOOLS 0.00 343.76 3S9.32 RESIDENT STUDENTS RESIDING TO ROUTE MILES OR MORE FROM THEIR PAGE: 1 0 0 0 0 011/20/2000 11:43 5013242079 LRSD FINANCIAL SERV PAGE 01 M TO M STUDENT QUARTERLY ATTENDANCE REPORT FY 2000/01 (FOR CALCULATING ADT, ADA. AND ADM OF M IO (4 SCHOOL eTUDJWTS IN GRRDFS K-1A> LEA: eOOlOOO COUNTY! PULASKI PlSTRlCTr Litcl Rock School Diacricc QUARTER NO. DAYS DAYS DAYS PRESENT IN PRESENT NONDAYS ADT ADA ADM QTR TRANSPORTED TRANSPORTED ABSENT 2/1 2*3/l 2*3*4/l 1 2 3 4 S 5 1 7 NON-RESIDSWT STUDENTS RECEIVED TO (BY M TO M TRANSFER) 77^1 LITTLE ROCK 43 0.00 0.00 0.00 7703 NORTH LITTLE ROCK 42 SS 13 0.00 1.20 i.se 7703 PULASKI CO SPECIAL 42 15677 1154 0.00 364.8S 351.74 TOTAL ADT. ADA, AND ADM OF M TO H RECEIVED: 0.00 366.16 353.32 0 0 0 0 0 STUDENTS ELIOIRLE TO BE COUNTED AS TRANSPORTED INCLUDE RESIDENT STUDENTS RESIDING TWO ROUTE MILES OR MORE FROM THEIR RESPECTIVE ASSIGNED SC3100LS PAGE: 1EDWARD L. WRIGHT (1903-1977) ROBERT S. LINDSEY (1913-1991) ALSTON JENNINGS (1917-2004) ISAAC A. SCOTT. JR. JOHN G. LILE GORDON S. RATHER. JR. MARTIN G. GILBERT ROGER A. GLASGOW C. DOUGLAS BUFORD, JR. PATRICK J. GOSS ALSTON JENNINGS. JR. JOHN R. TISDALE KATHLYN GRAVES M. SAMUEL JONES III JOHN WILLIAM SPIVEY III LEE J. MULDROW N.M. NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMES J. GLOVER EDWIN L. LOWTHER. JR. WALTER E. MAY GREGORY T. JONES BETTINA E. BROWNSTEIN WALTER McSPADDEN JOHN D. DAVIS JUDY SIMMONS HENRY WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE SUITE 2300 LITTLE ROCK. ARKANSAS 72201-3699 (501) 371-0808 FAX (50'1) 376-9442 ww w. wi j. com OF COUNSEL RONALD A. MAY BRUCE R. LINDSEY JAMES R. VAN DOVER GREGORY S. MUZINGO* Writer's Direct Dial No. 501-212-1273 sjones@wlj .com KIMBERLY WOOD TUCKER RAY F. COX. JR.* TROY A. PRICE PATRICIA SIEVERS HARRIS KATHRYN A. PRYOR J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER KYLE R. WILSON C. TAD BOHANNON KRISTI M. MOODY J. CHARLES DbUCHERTY* M. SEAN HATCH J. ANDREW VINES JUSTIN T. ALLEN MICHELLE M. KAEMMERLING SCOTT ANDREW IRBY PATRICK D. WILSON REGINA A. SPAULDING MARY ELIZABETH ELDRIDGE BLAKE S. RUTHERFORD PAUL D. MORRIS EDWARD RIAL ARMSTRONG Ms. Ann Brown Marshall ODM 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 RE
May 28, 2004 * Ijmutd Io pneaa befon tht Uiiitai Suua Patet and Tndemart Office ** Licensed to pracace in Midtigan mfy RECEIVED JUN 1 - 2004 OFFICE OF DESEGREGATION ..jflNITOHING Dispute concerning M-to-M transfer procedures Dear Ann: It is my understanding that there are differences in rules interpretations between the PCSSD and the LRSD which may be affecting the process of recruitment and assignment for M-to-M students this coming school year as well as guaranteeing their transportation needs. Efforts to resolve these issues strictly between the PCSSD and LRSD have thus far been unsuccessful. Accordingly, I have been asked if you will lend your offices to this matter in an attempt to resolve these matters. I know that the PCSSD would like for you to schedule a meeting, if you are willing, at your first opportunity. Cordially yours, WRIGHT, LINDSEY & JENNINGS LLP MSJ
ao . Samuel Jones, III 502765-vl(, f a>i er=^ PCSSD PULASKI COUNTY SPECIAL SCHOOL DISTRICT 925 East Dixon Road/P.O. Box 8601 Little Rock, Arkansas 72216 June 1, 2004 RECEIVED www.pcssd.org (501) 490-2000 Junious Babbs, Associate Superintendent-LRSD 501 Sherman Street Little Rock, Arkansas 72202 JUN -7 2004 OFFICE OF DESEGREGATION MONITORING Dear Mr. Babbs: Enclosed you will find individual student transfer forms and school lists which document the students' school assignment for the 2004-2005 school year. With the exception of Oak Grove High School, each list documents students changing grade configurations. Additionally, we are returning the M-to-M student assignments that you provided to our office on May 24, 2004. We are providing this information in a timely manner to ensure transportation is provided for each student at the beginning of the 2004-2005 school year. For clarity, it is necessary to reinform you that because of capacity issues Sylvan Hills Middle School, Sylvan Hills High School, Robinson Middle School, and Robinson High School are not eligible to receive transfers of any type. Sincerely, Kari Brown, Assistant Superintendent Equity and Pupil Services Dr. Brenda Bowles, Director Equity and Multicultural Education C: Ann Marshall, Federal Monitor Sam Jones, District Counsel Donna Creer, Executive Director Magnet Review Committee Julie Wiedower, Director of Student Registration IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF ' V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. DEFENDANTS MRS. LORENE JOSHUA, ET AL. INTERVENORS KATHERINE KNIGHT, ET AL. INTERVENORS RECEIVE COMBINED PCSSD MOTION AND MEMORANDUM REGARDING M-TO-M DISAGREEMENT JUN - 8 2OOJ OFFICE OF DESEGREGATION 1.10.
...J The PCSSD for its combined motion and memorandum, states: 1. To promote brevity, the PCSSD is combining its motion and memorandum into one document. 2. This dispute centers around different interpretations of the M-to-M stipulation by the PCSSD and the LRSD. The PCSSD is concerned that these disagreements will not be resolved in time to permit all current M-to-M students and applicants to actually transfer for the impending year and be guaranteed transportation. Hence this motion. 3. Counsel is informed that the LRSD is requiring existing M-to-M students to resubmit an application to it to reaffirm school choices and M-to-M status as these smdents matriculate from one organizational level to the next. 504196-vl'I 4. Rather than requiring reapplication, the PCSSD has developed a tracking form, attached as Exhibit A, which should suffice for LRSDs needs but not require a reapplication. 5. While the tracking form is very similar to the M-to-M application, it avoids the disruption and concern expressed by students and parents that a reapplication jeopardizes their M-to-M status by promoting unnecessary delay and procedures. The PCSSD believes that the current LRSD process and procedures are inconsistent with Paragraph 6 of the M-to-M stipulation, attached as Exhibit B, which states: The commitment to accept a student shall be for the duration of the students voluntary participation. Once a student exercises his or her right to participate, the student will continue in the initially selected school for at least one full school year or until the student graduates or affirmatively withdraws from participation herein set out. Students will not have to transfer each year or as exercise a transfer choice to remain in the host district. Students shall be encouraged to continue to participate at their initial school of choice. It is expected that the student will follow the pattern of assigned schools for the resident students in the school in which the transfer student first enrolls. 5. The PCSSD has proposed a solution to these issues but as indicated by its memorandum dated May 25, 2004, attached as Exhibit C, the LRSD has not agreed. 6. PCSSD interprets Paragraph 6 of the M-to-M stipulation to mean that once an LRSD student acquires M-to-M status in the PCSSD, then that student becomes, for all purposes, a PCSSD student unless or until the student affirmatively seeks to withdraw. In that sense, the PCSSD believes that these former LRSD students acquire the same rights as to future school assignments as are enjoyed by indigenous PCSSD students. This includes not only mandatory assignment patterns but the availability of assignment via the PCSSDs intra- 504196-vl 2district voluntary transfer programs as well as the privilege to apply for PCSSD specialty schools pursuant to the rules which apply to all PCSSD students. 7. Upon information and belief, LRSDs contract with Laidlaw requires that all M- to-M students be identified and processed >5 sometime this summer. Obviously, if the process is not finalized by then, these students may be denied transportation and hence will not transfer. 8. Upon information and belief, the LRSD is holding tracking forms until this dispute is resolved. (Please seen Exhibit C). WHEREFORE, the PCSSD prays for an order of this Court directing the parties to comply with the language of Paragraph 6 of the M-to-M stipulation and to conform their current policies and procedures to the M-to-M stipulation so that the M-to-M process may proceed smoothly and without creating unnecessary concern on the part of M-to-M students and their parents and for all proper relief. Respectfully submitted. WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501)371-0808 FAX
(501)376-9442 <Samue| .Jones III (76060) Attornewfor F ScboefDistrict la^i County Special 504196-V1 31 CERTIFICATE OF SERVICE On June 7, 2004, a copy of the foregoing was served via U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Mark A. Hagemeier Assistant Attorney General . Arkansas Attorney Generals Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Mr. Robert Pressman 22 Locust Avenue Lexington, Massachusetts 02173 M. Samuel Jones III 504196-vl 4 06/84/2004 16:24 5014901352 EQUIP/ PUPIL SERVICE PAGE 06/0E PCSSD (M to M) STUDENT TRACKING FORM This form is to track (M to M) student the student wishes an alternative pla'SiXTStS^h^organizational level. If students, these assignments will be made wi Awci XA the pattern of assigned schools for resident STUDENTS NAME:.______ STUDENTS RESIDENCE ADDRES S City:_______________ Student ID # GRADE LEVEL AS OF SEPT. 2004: __State: vr iiiF1, 2004 DATEnn nroTti-------- SCHOOL attended duwng THElobs PARENT OR guardian HAVING CUSTODY Zip Code: RACE: ~ PARENTSS JvLAJLING ADDRESS' City: ------ OR CHARGE OF THE STUDEOT PARENTS HOME PHONE NUMBER PARENTS WORK PHONE NUMBER .State
__Zip Code
reached DOES THIS STUDENT REQUIRE TRANSPORTATTnic DOES THIS STUDENT require SEEoA IF YES, PLEASE INDICATE HOW SElS^^s SERVICES health plan ARE RECEIVED
YES YES ____^NO NO -SECTION 504 ACCOMMODATION PLAN I give permission to the school i ' .IEP/SPECIAL EDUCATION or school records necessary to complete the requested transfer. PARENTS SIGNATURE
DATE: Form completed by: Forward to the OFFICE OF EQUITY AND PUPIL Counselors office SERVICES DATE approval ---------------- ------- TRANSFER .4PPR0\TD- SCHOOOL TO ^^BICH TrInsf^^?^vw ^^^ANCE DATE [ EXHIBIT sIN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF MRS. LORENE JOSHUA, ET AL. INTERVENORS VS. NO. LR-C-82-866 PULASKI COUNTY SPECIAL, SCHOOL DISTRICT NO. 1, ET AL. DEFENDANTS STIPULATION FOR PROPOSED ORDER ON VOLUNTARY MAJORITY TO MINORITY TRANSFERS Plaintiff Little Rock School District ("LRSD"), and defendants Pulaski County Special School District ("PCSSD"), North Little Rock School District ("NLRSD"), and Arkansas State I i Board of Education ("State Board"), being voluntary majorityto-minority transfers, stipulations for the proposed order: in agreement on the submit the following 1. Beginning in the 1987-88 school year and continuing thereafter, LRSD, PCSSD and NLRSD will permit and encourage voluntary majority-to-minority interdistrict transfers. The three districts will cooperate in the development of programs to acquaint parents. guardians and students with interdistrict opportunities. The transfer provisions implementation of majority-to-minority is contingent upon the implementation of all other provisions of the remedy ordered by the Court. 2 . Eligibility: EXHIBIT M aI a. Black students who are members of the racial majority at a school in any participating district which district is 50 percent or more black in its enrollment shall be eligible to transfer voluntarily to a school and district in any other participating district in which school and district they would be in the racial minority. b. White students who are members of the racial majority at a school in a participating district which district is more than 50% white in its enrollment c. shall be eligible to transfer voluntarily to a school and district in any other participating district in which they would be in the racial minority. Prior to the transfer of any student. the home district shall issue a statement that the transferring student is in good standing. If the student is not in good standing, the student may be permitted to transfer on a provisional basis. 3 . Students wishing to transfer shall file applications with their home districts. Applications must be filed before May 1 of the preceding school year and a student may not transfer more than once in any school year. The home district will process all applications and forward copies to the host' districts . The home district will furnish its complete file on each student with his/her application. 24 . Transfer assignments will be made subject to av ^lability of space in schools and grade levels, and the host districts' ability to comply with state standards. 5 . The host district shall honor the placement for the students as certified by the home district, which shall be communicated to the parent or guardian prior to transfer. If, during the first semester. testing, performance. remedial efforts, and consultation indicate that an adjustment of placement should be made. it shall be made after the first semester in consultation with the student's parent or guardian. 6 . The commitment to accept a student shall be for the duration of the student's voluntary participation. Once a student exercises his or her right to participate, the student will continue in the initially selected school for at least one full school year or until the affirmatively withdraws from student graduates or participation as herein set out. Students will not have to transfer each year or exercise a transfer choice to remain in the host district. Students shall be encouraged to continue to participate at their initial school of choice. It is expected that the student will follow the pattern of assigned schools for the resident students in the school in which the transfer student first enrolls. 7. Students who have elected to transfer shall remain' students of the host district until they the district where they reside. choose to return to 31 8. Host districts shall not have the authority to remand tr Bsfer students to the home district. Host districts shall have the authority to discipline, suspend or expel a transfer student using the same due process procedures applicable to resident students. 9 . Once admitted, transfer students will be expected to meet the same general standards. academic and other. as applied to students of the host district. 10. Information about each district' s academic and disciplinary policies and procedures will be made available to prospective transfer students on request. This should include information on pupil-teacher ratios, promotion and retention
counseling assistance. grading, student code of conduct. disciplinary action. and suspension and expulsion. 11. The host district shall respond to the educational needs of students without regard to their status as a transfer or resident student. Transfer students shall be eligible and encouraged to participate in all school programs funded and sponsored by the host district (academic. athletic. extra-curricular and other) and shall not suffer any disability or ineligibility because they are voluntary interdistrict transfer students. Participation in after-school activities will be facilitated by the provision where needed of extra-curricular buses or other forms of transportation which will be available to all such transfer students, the cost of which shall be borne by the State as provided in paragraph 12. 412 . The State Board shall pay the full cost of ti ^sporting students opting for interdistrict transfers. However, the State Board shall have the option of (1) paying the school districts for transporting the students or (2) contracting for the services or (3) transporting the students with a state operated system. The State Board shall pay the home and host districts in accordance with the following procedures: 13 . a . Each year school districts shall calculate and certify to the State Board of Education their cost per student in regular schools (grades K-12) including all add -ons for special education, TAG, vocational education and other purposes. The cost per student shall include all costs for instruction and support services minus student transportation. food service. and restricted federal program costs. (To the extent that the host district does not receive pro rata increases in restricted federal program costs by hosting transfer students who are eligible to participate in federal programs, the cost per student shall be increased on a pro-rata basis for such transfer students.) The State shall pay the . costs for full-time equivalent students who have been transferred to the host district. Payments made for the current year shall be based on costs for the 5b. c. previous year. The host district shall report transfer student on forms Department of Education. Each host district each as required by the State shall estimate the full-time equivalent of transfer students and transmit such estimate. along with the names of the the State in September of each begins. year. students, to year when payment A correction will be made in January of each Payments shall be made by the State monthly through forward funding to each district based the September estimate transferred to the in the number used the district. Each home district each student who home district to State aid (table student remained upon as corrected. The students host district shall not be to calculate regular state counted aid for shall receive from the State for voluntarily transfers from his/her a host district one-half of the rate) it would have received had the in his/her home district. Information about these students shall be reported on forms as required by the State Department of Education and shall be reported at the same time as the reports are made by the host district. The students transferred from the home district shall not be counted in the number used to calculate regular 6d. state aid for the home district. handicapped students shall be availability of All transfers' of contingent on the appropriate programs and resources. as identified in the lEP, at the host school. The provisions contained herein do not apply to magnet schools and programs. 14 . All parties to this stipulation recognize that the present racial balance of the North Little Rock School District approximates that of the entire county and they are desirous of not upsetting that balance through the Majority to Minority Transfer Program. operation of the The parties further recognize that any court approved student assignment plan by any party could be compromised if the Majority to Minority Transfer Program caused significant changes in student assignment plans. To avoid this result, all parties agree that any party may choose to include or not include said Majority to Minority transfer students for purposes of student assignment under any court order. Further, all parties recognize that substantial participation in the Majority to Minority program could have the result of creating technical departures from targeted student ratios at one or more schools. All parties agree that any such departure resulting from the lawful operation of thfe Majority to Minority program shall not give rise to a claim or contention that such departure from targeted ratios constitute 7violations of any law or regulation and, specifically, shall ne- be urged or suggested similar litigation. as grounds for liability in this II or Additionally, any such resulting departures from targeted ratios shall not require the districts affected to reconstitute or recompose the student body of any affected school. Agreed this 26th day of August, 1986 . PULASKI COUNTY SPECIAL SCHOOL DISTRICT LITTLE ROCK SCHOOL DISTRICT By. By, (Po.'tl ( NORTH L Dis'hrn? 'TLE ROi SCHOOL :t 2258L ARKANSAS STATE BOARD OF EDUCATION By 8 06/04/2004 16:24 5014901352 EQUITY PUPIL SERVICE PAGE 04/06 b /004 LITTLE ROCK SCHOOL DISTRICT SOI shekman street LITTLE ROCK, 72202 student registration office Phone (501) 447-2950 Fax: (501) 447~29S1 May 25, 2004 TO: FROM: Karl Brov-n, Assistant Superintendent for Eqtljty and Pupil Services Julie Wledo^l^heetor. of Student Registratio^ THROUGH: Junious BabC^^
^Associate Superintendent for Administrative R: PCSSD Tracking Forms Services Last week we received copies of a PCSSD Tracking Form for who will he changing organizational levels fm these forms we identified a varietv of mnnA school year. In looking Other questions arose regarding *e status ofthe^s regarding specific __ some are not - and a number of fomSTliS a LRSD completed a M to M Withdrawal form In fact students who are not even on our datoHnc^ wtraclong forms are on to sit down and go over fte7o ^t^d^nts! it and hnw w. .L 2 so we can understand how your distrir over students. it and how we can address some of these issues. ! Clearly, we need your district intends to utilize However, at this point such a meeting would be J Xx (Cl ------- Mudrr<aaufjoti rijMtvyic etrmou uoMrraainnnaoduruiimtxyi ooTfjr aUUnnnsdfdeeerrrsssttaa hnnudHtsi^n^ne ^ pir. emt ature. Our disPtrCicStS uhDoass R rrewegceeaiirvvdeeinddg a Rather to hold the forms ^itiJ agreement is rel^hed to a meeting to iron out the aforementionf/t occurs we look forward available as our transportation routes are created. middje of June so accurate data will be Cc: /Dr. Brenda Bowles, Director ?SeLT of Equity and Pupil S?erZvi^ceitstee Becky Rather EXHIBIT g 7/2334 13:89 501-4472351 ! 1'^ I LTTTLE R.OCK SCHOOL DISTRICT 501 SHERMAN STREET T-iTTT .F POCK AR 72202 . Effice of ADMSNISTRAT It I ti iVE oEck r xvCrtS loas C. Babbs, Associate Saperinteadent ^hooe
(Svl) 447-2955 Y-.X'TaIV. juuiOuS.vAuuw^uBu.urg TO: Mr, Karl Brov7H, PCSSD, A-ssist I "it St 'QI Dr Srsnda Botvlas, PCSSD Dirsd
or of Equity' & Pupil Serncss n FROM
JuoivUS DauvS SUSJECT
M-io-M Agreement DAit: June i 1, 2004 mv conversation with Dr. Brenda Bowles ton June 15, 2004, it appears that we have reached Resolution of bo sides concerns regai^g M-to^ attempt to record the items of agreement from n| conversation with Dr. Bowles. f-' I - ti'*' 4^ 1, Pulaski County 1 Soecial School District (PCSBD) wiU only utilize the proposed tracking fonn _ A ( ____________Y1,*aa..T a ^^71 C n in instances where students progressing from|one organization^ Uvel to e eJ'*' Moreover. PCSSD use of the tracking fonn ------------- . of established feeder paiterri. Moreover, PCSSD use of the traclcmg form tJinV/resttictwe onlv to eligible PCSSD scl4>ols in adherence with Paragraph 2.a. of toe Qrder OU VolimtaryjMaionty to Minority Transfers ( Stipulation ) ,,---------------------------- J nrn(n"eSS oilteide r now kJUMAV <*** lAW 3,.. M,to-Mktudents enrolled and participating in the Gifted caXentar, Fuller Middle, and Mills High School, jutiLAVAA * \***** * J and Talented ProEram at College stanorx cisssemary, ruxi- ~ aotwitostandins its intorpretation of the StiXion. In an effort to resolve Uxe tosues uckv.^n ^0 disixicts, LRSD agrees to permit tho^ students to coatmue a^signinem duwuga S-SCSSD Gifted^and Talented Pro-am (Program) and organizational students not enrolled in the aforementioned lies during the 20uj-u4 scnooi year wmi not o -----' Rowed to attend these sites without stnet ad|ernce to varagrapn 2.a, ol toe stipulation. UkCXLXVJlA 01 Uic. OIL Ji 3. LRSD will continue to adhere to the )nnnue to coordinate student tialsportation as prescnbed. Ongoing efforts to agreement with MRC fecilitatioh wiU continue to include (a) recognition o nl enrollment counts, and (b) processing and approving M-to-M apphcations in yearly official exirolhnent the order they are receivei Time and efforts toward resolution are appreciated cg: DoTin.5. I 1UO/ X / ! Z.UU' XU. UXHDOXOQZ C.WUX I Y ruriL btKViUt Hrtbt ui/u:z DiiSjoL-'! ruidbM vuuiiuy iwwi . Rniiirv Anri Pijoil Services ,-- - 925 E. Dixon Rd/P.O. Box_8601 Little Rock, Arkansas /22ib (501) 490-6215 (501) 490- 1352 Fax FAX TRANSMISSION COVER SHEET J Date
1 T I Fax
'J-k ? ) 1-L o 1 cn Re: 4 Ssndsr* k YOU SHOULD RECEIVE YOU C PAGE (S), INCLUDING THIS COVER SHEET. IF DO NO I RtCEIVc ALL THE PAGES, ________(501) 490-6215.______ rLEASE CALL MESSAGE
(J, /4^a<U- / et- IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. RECEIVED DEFENDANTS MRS. LORENE JOSHUA, ET AL. JUN /? .004 INTERVENORS KATHERINE KNIGHT, ET AL. OFFICE OF DESEGREGATION MONITORING INTERVENORS LITTLE ROCK SCHOOL DISTRICTS RESPONSE TO PCSSDS COMBINED MOTION AND MEMORANDUM REGARDING M-TO-M DISAGREEMENT Comes now, Little Rock School District (hereinafter, LRSD) by and through their undersigned attorneys, Friday, Eldredge & Clark, for Response to Pulaski County Special School Districts (PCSSD) Combined Motion and Memorandum Regarding M-to-M Disagreement states: 1. LRSD does not require existing M-to-M students to resubmit an application to it to reaffirm M-to-M status at the conclusion of one organizational level to the next. According to the Stipulation for Proposed Order on Voluntary Majority to Minority Transfers (Stipulation), attached as Exhibit B to PCSSDs motion, students who elect to transfer via the M-to-M program remain students of the host district until such time as they choose to return to the district where they reside. 2. Rather, LRSD asks students who participate in the M-to-M program progressing from one organizational level to the next (i.e., from elementary school to middle school or from middle school to high school) to submit a form affirming the school choice site. LRSDimplemented this process for two reasons: (1) to ascertain the space available in each of its schools to accommodate the LRSD attendance zone population each year, and (2) to ascertain the M-to-M students attending schools at the next organizational level outside of established PCSSD feeder patterns. This process does not violate the provisions of Paragraph 6 of the Stipulation. 3. The tracking form the PCSSD speaks of in its Motion and Memorandum is strikingly similar to the M-to-M application, as PCSSD concedes. Because of the similarity between the two documents, several parents wishing to withdraw their students from the M-to-M program are misguided regarding their students school assignment. 4. As an example, in the tracking forms attached hereto as Exhibit A, the PCSSDs Assistant Superintendents approval stamp has given many parents the impression that their student has been assigned to the school requested upon completion of the tracking form. This, notwithstanding the fact that (1) the students have not submitted M-to-M withdrawal forms
(2) the students do not reside in the requested schools attendance zone
(3) the school requested is a LRSD specialty magnet school and the student has not applied for admission to the specialty magnet, thinking that the PCSSD tracking form is the application
or (4) the requested school is not a school in the LRSD. See Exhibit A. 5. Moreover, LRSD believes PCSSDs interpretation of Paragraph 6 of the M-to M stipulation to be clearly violative of the plain language of Paragraph 2 of the same stipulation which, in pertinent part, states: a. Black students who are members of the racial majority at a school in any participating district which district is 50 percent or more black in its enrollment shall be eligible to transfer voluntarily to a school and district they would be in the racial minority. b. White students who are members of the racial majority at a school in a participating district which district is more than 50% white in its6. enrollment shall be eligible to transfer voluntarily to a school and district in any other participating district in which they would be in the racial minority. Among the specialty schools the PCSSD speaks of in Paragraph 6 of its Motion and Memorandum are College Station Elementary, Fuller Middle School and Mills High School. 7. During the 2003-2004 school year, each of the aforementioned school sites was more than 50 percent black. LRSD, therefore, believes that to assign an indigenous LRSD student to a PCSSD school that is more than 50 percent black via an M-to-M transfer contravenes the plain language in Paragraph 2 of the M-to-M stipulation and the goals of the M-to-M program as a whole. WHEREFORE, the LRSD prays for an order directing the parties to comply with Paragraph 2 of the Stipulation and for all other proper relief. Respectfully submitted. Christopher J. Heller Khayyam M. Eddings Friday, Eldredge & Clark, LLP 2000 Regions Center 400 West Capitol Avenue Little Rock, Arkansas 72201 (501)376-2011 FAX: (501) 37^-2147 By: Khayyam Mi j^dings (020i Attorneys for Little Rock School DistrictCERTIFICATE OF SERVICE On June 17, 2004, a copy of the foregoing was served via U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney Generals Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. M. Samuel Jones, III Wright, Lindsey & Jennings, LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Bank Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Clayton Blackstock Mr. Mark Burnette 1010 W. Third Street Little Rock, Arkansas 72201 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Mr. Robert Pressman 22 Locust Avenue Lexington, Massachusetts 02173 YYAM M. ED. GS PCSSB (M t M) STUDENT TR.ACKING F@RM This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial composition of the requested school. STUDENTS NAME I STUDENTS RESIDE: AD City: UAA^g'/^OCV. fit S: State: Student ID # 553^-. Zip Code: GRADE LEVEL AS OF SEPT. 2004: DATE OF BIRTH:oi WZeX: P RACE:^ . , , SCHOOL ATTENDED DURING THE 2003-04 SCHOOL \TAR
\QtC5C)ir\ AA \ QO IA PARENT OR GU. D CUSTODY OR CHARGE OF THE STUDENT ro^ PARElffl^i^i\4A^ING.ADDRS^i^(T(g (^CL City. Zl 1 0- vKjC K_________________State: W., Zip Code: -5Z--ZQ5 PARENTS HOME PHONE NUMBER Oci ) 3(o PARENTS WORK PHONE NUMBER OTHER NUMBER WHERE PARENT CAN BE REACHED SCHOOL REQUESTED DOES THIS STUDENT REQUIRE TRANSPORTATIC ION iZ DOES THIS STUDENT REQUIRE SPECIAL SERVICES_______ IF YES, PLEASE INDICATE HOW SERVICES ARE RECEIVED: YES YES NO HEALTH PLAN SECTION 504 ACCOMMODATION PLAN lEP/SPECIAL EDUCATION SPECIAL TRANSPORTATION I give permission to the school in which my child is currently enrolled to release any information or school records necessary to complete the requester PARENTS SIGNATURE: DATE: or*** Form completed by: fLiY5 Counselors ofFice Forward to the OFFICE OF EQUITY AND PUPIL SERVICES 1 DATE ASEEQNAD TRANSFER APPROVED: DATES OF ATTENDANCE DATE SCHOOOL TO WHICH TRANSFER APPROVED: exhibit 5^ PCSSD (M to M) STUDENT TRACKING FORM ^4^0 7 2054 This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial composition of the requested school. STUDENTS N. |^_Student ID # 1 /I t X r STUDENTS RESIDENCE ADDRESS: ____________________ City: I VVl-p ___________ State: AtC Zip Code: D-dQ GRADE LEVEL AS OF.SEPT. 2004: G^UPATE OF BIRTH: )Vl|-VSEX. M RACE:_B SCHOOL ATTENDED DURING THE 2003-04 SCHOOL YEAR: ('.bQ-Ubn PARE CUSTODY OR CHARGE OF THE STUDENT PaMtS^^IAILING ADDRE^r C q r cl.4 - City: State: iMt________________^Zip Code: ~7 ------------------------------------ _________________ PARENTS HOME PHONE NUMBER State: PARENTS WORK PHONE NUMBER "7 53' SS OTHER NUMBER WHERE PARENT CAN BE REACHED SCHOOL REQUESTED iAATUtl ia DOES THIS STUDENT REQUIRE TRANSPORTATION DOES THIS STUDENT REQUIRE SPECIAL SERVICES 2 YES YES NO NO IF YES, PLEASE INDICATE HOW SERVICES ARE RECEIVED: HEALTH PLAN SECTION 504 ACCOMMODATION PLAN lEP/SPECIAL EDUCATION SPECIAL TRANSPORTATION I give permission to the school in which my child is currently enrolled to release any information ) complete the requested transfer or school records necessary to transfer. PARENTS SIGNATURE: DATE: Form completed by: Counselors office Forward to the OFFICE QF EQUITY AND PUPIL SERVICES APPROVAL DATE DATE transfer APPROVED: DATES OF ATTENDANCE SCHOOOL TO WHICH TRANSFER APPROVED:PCSSD (M to M) STUDENT TRACKING FORM Q This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial composition of the requested school. STUDENT'S NSCvTS.Sil^^^lllHIIIBiP.Studetrt ID STUDENTS RESIDENCE ADDRESS: M C STUDENTS NAME: City: U-Hte GRADE LEVEL AS OF 1^^ Zip Code: ^^^7^y'/ _________________State: Zip Code: / SEPT. 2004: U? DATE OF BIRTH: 7//j^SEX: PZ RACE^^/^| SCHOOL ATTENDED DURING THE 2003-04 SCHOOL YEAR: PAREN' .GE OF THE STUDENT parenIJsJsmAilij^g Address.: ... City: l^<K-_______ PARENTSvHOME PHONE NUMBER State: Zip CoiQ'^l PARENTS WORK PHONE NUMBER /}.7 / )'Q OTHER NUMBER WHERE J^ARENT CATJ BE REACHED SCHOOL REQUESTED .-'fl ( 1^1^/7^'5^'t ii> 1//'Jlt: DOES THIS STUDENT REQ TRANSPORTATION DOES THIS STUDENT REQUIRE SPECIAL SERVICES /" YES YES ' NO IF YES, PLEASE INDICATE HOW SERVICES ARE RECEIVED: HEALTH PLAN IEP/SPECIAL EDU CATION SECTION 504 ACCOMMODATION PLAN SPECIAL TRANSPORTATION I give permission to the school in whigh my child is currently enrolled to release any information or school records necessary to complete the requested transfer., PARENTS SIGNATURE:, V.' 4< DATE: y / Form completed by: Counselors office Forward to the OFFICE OF EQUITY AND PUPIL SERVICES DATE APPROVAL DATE TRANSFER APPROVED: DATES OF ATTENDANCE SCHOOOL TO WHICH TRANSFER APPROVED:PCSSD (M to M) STUDENT TRACKING FORM This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial composition of the requested school. STUDENTS NAMEH^^UHI STUDENTS RESIDENCE ADDRESS: City: Uh __________Student ID #____________ VJ Li rR 1 -C-_____________ State: AES Zip Code: QlIZoA GRADE LEVEL AS OF SEPT. 2004: d~^DATE OF BIRTH: ^-I^-^ISEX: FIT RACE: fo SCHOOL ATTENDED DURING THE 2003-04 SCHOOL YEAR: P. OR GUARDIAN .VING CUSTODY OR CHARGE OF l4~i 11 ^Upne/7~it3u -t ' TiiE STUDENT PARENTS City: PARENTS HOME PHONE NUMBER PARENTS WORK PHONE NUMBER"hnM- 2.SS 4 Zip Code: "^22y-j OTHER NUMBER WHERE PARENT CAN BE REACHED SCHOOL REQUESTED Xr
UVlch DOES THIS STUDENT REQUTRE TRANSPORTATION DOES THIS STUDENT REQUIRE SPECIAL SERVICES IF YES, PLEASE DIDICATE HOW SERVICES ARE RECEIVED: YES YES NO NO HEALTH PLAN SECTION 504 ACCOMMODATION PLAN' IEP/SPECIAL EDUCATION SPECIAL TRANSPORTATION State: Ath I give permission to the school in which my child is currently enrolled to release any information or school records necessary to complete the requested transfer. PARENTS SIGNATURE: C DATE: Form completed by: Counselors office Forward to the OFFICE OF EQUITY AND PUPIL SERVICES DATE APPROVAL DATE T TRANSFER APPROVED: DATES OF ATTENDANCE SCHOOOL TO WHICH TRANSFER APPROVED:PCSSD (M to M) STUDENT TRACKING FORM 0 7 2004 This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial composition of the requested school. STUDENTS NAME! Student ID # STUDENTS RESIDENCE ADDRESS: F I City:_f\ _______________________ ,_________I _________________________ [------ I 's-i ly GRADE LEVEL AS OF SEPT. 2004: b DATE OF BIRTH:4f7p5SEX: F RACE: 6 SCHOOL ATTENDED DURING THE 2003-04 SCHOOL YEAR: State: Zip Code. rW PARENT G CUSTODY OR CHARGE OF THE STUDENT * pWW?S MAILING ADDRESS: 4 City: (\j PARENTS HOME PHONE NUMBER PARENTS WORK PHONE NUMBER State
A Zip Code: 77JT^ OTHER NUMBER WHERE PARENT CAN BE REACHED SCHOOL REQUESTED DOES THIS STUDENT REQUIRE TRANSPORTATION V DOES THIS STUDENT REQUIRE SPECIAL SERVICES YES YES NO NO IF YES, PLEASE INDICATE HOW SERVICES ARE RECEIVED: HEALTH PLAN lEP/SPECIAL EDUCATION SECTION 504 ACCOMMODATION PLAN SPECIAL TRANSPORTATION I give permission to the school in which my child is currently enrolled to release any information or school records necessary to ^mplete the requested transfer. PARENTS SIGNATURE: DATE: ^6 Form completed by: Counselors office Forward to the OFFICE OF EQUITY AND PUPIL SERVICES DATE APPROVAL DATE TRANSFER APPROVED: DATES OF ATTENDANCE SCHOOOL TO WHICH TRANSFER APPROVED: 04/1B/2004 08:16 5013709755 QUALITYSECURITV PAGE 02 PCSSD (M to M) STUDENT TRACKING FORM This form is to track (M to M) student movement to the next grade and or organizational level. If the student wishes an alternative placement other than the pattern of assigned schools for resident students, these assignments will be made with consideration of space available at the requested school and other factors, such as racial coimmopoossiittiioonn of the rnequested school.________ STUDENTS N. STUDENTS RESIDENCE ADDRES^ Citv: Li'iklt _ U____State: itudent ID #_ Zip Code
GRADE LEVEL AS OF SEPT. 2004- 'J7 DATE OF BIRTH:?-/.Y ^^EX: SCHOOL ATTENDED DURING THE^3-04 SCHOOL YEAR: PARENT DR GUARDIAN HAVING CUSTODY OR CHARGE OF STUDENT PARE] City: State: PARENTS HOME PHONE NUMBER g'cV-st' Zip Code: PARENTS WORK PHONE NUMBER - S'? a - / OTHER NUMBER WERE P ARENT CAN BE REACHED ' SCHOOL REQUESTED ft# DOES THIS STUDENT REQUIRE TRANSPORTATION DOES THIS STUDENT REQUIRE SPECIAL SERVICES YES YES NO NO IF YES, PLEASE INDICATE HOW SERVICES ARE RECEIVED: HEALTH PLAN lEP/SPECIAL EDUCATION SECTION 504 ACCOMMODATION PLAN SPECIAL TRANSPORTATION I give permission to the school in which my child is currently enrolled to release any information or school records necessary to complete the requested transfer. PARENTS SIGNATURE: DATE: Form completed by: Counselors office Forward to the OFFICE OF EQUITY AND PUPIL SERVICES DATE APPROVAL DATE 3E <7 ? TRANSFER APPROVED
DATES OF ATTENDANCE SCHOOOL TO WHICH TRANSFER .APPROVED: lUi or^u Oi/01 Holmes, Morr(5s I 1 From: Sent
To: Cc: Subject
Kbsyyam Eddiri igs [KEciciifiysigjf sc.netj Thu^Ay.June24:2004 1^:^:
^' Babbs, Junious
Holmec ft/nrrL Chris Heller Meeting with PCSSD I By way of suntnary, Sabbs and i - ---J f a. narl Brown of the pPS5ti June 18. met with Sam / 1. I believe that we made S33rdii*y M-to'M tra: regarding the two districts' form" only to identify to from one organisational letters RCSSD to studi following school school Id de
'9 3-od proyrei disagreements. feeder patterns. >s
^nes, Dr. Brenda Bowles and ier issues on last, ill coming to a resdlCtittit
, LRSD its agreed to use their to studer.ta Of/ regarding their yea, leaving that task to > V? a the assignment of L 1 .,---i ai-uucnca level to the next outside of In turn, RSD agreed not to send acpool assignments for the 'RSD M-to-M Stu resolve difference^ onm nA LRSD agreed to allow 200 3-04 at PCSSD speci enrollment to tudei^' t to PCSSD specialty B ind in the interest of the M-to-^ students enrolled during _ , . CXAiWXXeQ remain ^0 percent black -.j-i- ----r^v^xEoo cuxougn the isoec] al t-v a. Moreover, both cough thejspecialty program. allowed to attend .xuicllt, sides agreed that no new M-to-4 stt nd a PCSSD specialty school witih Tmajoritv felacv witn one caveat. PCSSD requested chat LRSD all^w 5 gifted ajt Clinton Elementary uller Middle ii|chool. nAoT, 9 students tUat ^--7""" . . >==1,1 luencified as attend the specialty = " already made this commitmen.r to the studerf names of the Clinton** to 2 , , . since the PCSSD had J Sabbs asked PCSSD to request under advisement. s and agreed to PoSSDs M. xbduxngti Friday, Eldrsdge a lark 400 West Capitol, Suite Little Rock, AR Email
72201 2000 i J I I Citect Phone
keddingsief ec. net 1 V SOl-370-1417 I . I i t I !Z I I 1 k (f /a L I * 4 J I' I I I 1 Ii ! PCSSD PULASKI COUNTY SPECIAL SCHOOL DISTRICT 925 East Dixon Road/P.O. Box 8601 Little Rock, Arkansas 72216 www.pcssd.org (501) 490-2000 July 7, 2004 Bobby Acklin, Assistant Superintendent for Desegregation 2700 Poplar Street North Little Rock, Arkansas 72115-0687 RECEIVED JUL 0 3 2004 n-n... OFFICEOF desegregation monitoring Dear Mr. Acklin: All secondary schools in the Pulaski County Special School District have reached school capacity for the 2004-2005 school year. Therefore, we are unable to accept M-to-M transfers at this time. Thank you for your continued cooperation. Sincerely, Karl Brown, Assistant Superintendent Equity and Pupil Services / Dr. Brenda Bowles, Director Equity and Multicultural Education C: Ann Marshall, Federal Monitor Sam Jones, District Counsel John Walker, Joshua Intervenors Donna Creer, Executive Director Magnet Review Committee II PCSSD PULASKI COUNTY SPECIAL SCHOOL DISTRICT 925 East Dixon Road/P.O. Box 8601 Little Rock. Arkansas 72216 www.pcssd.org (501) 490-2000 July 7, 2004 Junious Babbs, Associate Superintendent-LRSD 501 Sherman Street Little Rock, Arkansas 72202 Dear Mr. Babbs: All secondary schools in the Pulaski County Special School District have reached school capacity for the 2004-2005 school year. Therefore, we are unable to accept M-to-M transfers at this time. Thank you for your continued cooperation. Sincerely, Karl Brown, Assistant Superintendent Equity and Pupil Services Dr. Brenda Bowles, Director Equity and Multicultural Education C: Ann Marshall, Federal Monitor Sam Jones, District Counsel John Walker, Joshua Intervenors Donna Creer, Executive Director Magnet Review Committee received JUL 12 OFFICE OF DESEGREGATION MONITORING IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT CASE NO. 4:82CV00866WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL. PLAINTIFF DEFENDANT JOSHUA INTERVENORS MEMORANDUM IN SUPPORT OF MOTION REGARDING LRSDS AND PCSSDS M TO M DISAGREEMENT The Joshua Intervenors submit that the relief which they seek by their Motion herewith is authorized by the 8* Circuit, Little Rock School District v. Pulaski County Special School District, et. al. 92 J F.2d 1371, 1394. (1990) That Court created the Office of Desegregation Monitoring (ODM) so that it could effectively monitor the implementation process. It is the primary monitor in this case. Neither it nor the Joshua Intervenors have been significantly involved in the subject controversy. Joshua interests is obvious. The ODMs role is to provide useful information to the parties and to the Court. An ODM report to the Court with respect to the subject issue should therefore be commissioned. Joshuas concern is twofold, i.e., educational and segregational. The educational advantage imder the parties plan enures to white students. For African American students are not allowed entry into the subject programs unless they are from outside the PCSSD. But now, LRSD proposes to retain LRSD students in its schools, although they may be in more heavily one 1 race situations, than to allow them to attend and remain in the specialty programs at College Station, Fuller and Mills. LRSD effectively proposes to require return of African American students from the far more desegregated PCSSD schools on a technical basis, i.e., the school has become majority African American. The law of the case required maximization of desegregation within a context where educational disparity is reduced rather than enhanced. A hearing on the matter is appropriate. Respectfully submitted. Robert Pressman 22 Locust Lexington, MA 02421 862-781-1955 John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 501-374-3758 501-374-4187 (fax) rW.^Walker CERTIFICATE OF SERVICE I do hereby state that a copy of the foregoing Motion has been served on all counsel of record on this 8' day of July, 2004. CU Jr V. A------------------------------------------------------- / // 2 received PILPT} JUL 1 ? 2004 COURT OFFICE OF DESEGREGATION MONITORING IN THE UNITED STATES DISTRICT CO^^S W. EASTERN DISTRICT OF ARKANsS''~~ WESTERN DIVISION S >'/ ^LcR^ LITTLE ROCK SCHOOL DISTRICT PL.MNTIFF CASE NO. 4:82CV00866WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL. DEFENDANT JOSHUA INTERVENORS MOTION REGARDING LRSDS AND PCSSDS M TO M DISAGREEMENT The Joshua Intervenors respectfully move the Court to set an evidentiary hearing with respect to the pending Majority to Minority (M to M) disagreement between the Pulaski County Special School District (PCSSD) and the Little Rock School District (LRSD), Joshua also respectfully requests that such hearing be preceded by a report to the Court regarding the matter from the Office of Desegregation Monitoring (ODM). For cause, Joshua respectfully shows the Court: 1. On or about June 7, 2004, PCSSD filed a Motion and Memorandum regarding Majority to Minority transfer concerns. 2. On June 17, 2004, LRSD filed its response. 3. The LRSD and PCSSD parties have not involved Joshua or the Office of Desegregation Monitoring (ODM), on information and belief, regarding the controversy. 4. The Joshua Intervenors understand the conflict as follows: a. White students are being allowed to transfer into majority black schools in 1PCSSD. Their transfers into those schools result in reinforcement of racially segregated gifted and talented and academically enriched programs. For example, at College Station Elementary, white students are allowed entry thereto for the gifted and talented (GT) program. The result is that GT is overwhelmingly white, but the school is disproportionately black. LRSD white students thus have more academically enriched options than LRSD black students who are not allowed to transfer into that substantially segregated program. A second example is reflected at the high school level. Mills High also has a school within a school. The specialty school is disproportionately white. It has a separate staff as well, although the school principal is African American. LRSD African American students are denied transfer from Little Rock into the Mills specialty program, while white students are allowed transfer. b. LRSD administration promotes continuation of segregated programs, practices and activities by its refusal to allow African American students to transfer from the LRSD into strong academic settings which its makes available to white students. This is a continuation of LRSDs emphasis upon promoting educational advantage for white students while not doing likewise for African American students. 5. LRSD effectively takes the position that when a school enrollment in PCSSD reaches 50% African American, LRSD African American may not attend the PCSSD school. LRSD interprets the M to M transfer provision to require return of those African American students to LRSD who, by their presence in Fuller, Mills and College Station, cause racial imbalance. PCSSD, on the other hand, would allow such students to remain in specialty schools throughout their academic careers. The effect of LRSDs position is to take higher achieving African American students who have opted for specialty programs in PCSSD from PCSSD and place 2them back into lower level academic programs within the LRSD. LRSD thus appears to promote continuation of stronger academic programs for its white students through their assignment to such programs in PCSSD but not for its African American students. WHEREFORE, the Joshua Intervenors respectfully request the Court to have the Office of Desegregation Monitoring to prepare a monitoring report regarding the situation and subsequent to such report, set the matter for evidentiary hearing. Thereafter, the Court is requested to provide appropriate relief including but not limited to modifying the M to M stipulation to reflect tlie intended puipose and then to allow African American students entry into the disproportionately one race schools within schools at College Station Elementary, Fuller Middle, and Mills High schools. Respectfully submitted. Robert Pressman 22 Locust Lexington, MA 02421 862-781-1955 John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 501-374-3758 501-374-4187 (fax) f i 7 _ (z--- John W. Walker CERTIFICATE OF SERVICE I do hereby state that a copy of the foregoing Motion has been served on all counsel of record on this 8* day of July, 2004. I I I '/ 7^ % -n ,11 ' rf . f 21 JC
c.= RECEIVED IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUL 2 0 2004 OFFICE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. DEFENDANTS MRS. LORENE JOSHUA, ET AL. INTERVENORS KATHERINE KNIGHT, ET AL. INTERVENORS PCSSDS RESPONSE TO JOSHUA INTERVENORS MOTION REGARDING LRSDS AND PCSSDS M-TO-M DISAGREEMENT The PCSSD for its response states: 1. Joshuas motion is in actuality a response to PCSSDs motion. 2. The PCSSD sought unsuccessfully to involve the ODM in a resolution of this dispute. 3. The PCSSD has not heretofore involved Joshua believing this to be a simple dispute with the LRSD over interpretation of long-standing rules. 4. LRSD black students are allowed to exercise M-to-M transfers into the PCSSD specialty program so long as those schools are eligible for M-to-M transfers. 5. PCSSD denies any remaining allegations contained in the motion to the extent that those allegations questioned practices or motives as regards M-to-M transfers. 249234-V1WHEREFORE, the PCSSD prays that the motion be denied and for all proper relief. Respectfully submitted, WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501)376-9442 By. . Samuel Jones lII W6060) Attorneys for P 'Schoer District ilasja County Special 249234-V1 2CERTIFICATE OF SERVICE On July 19, 2004, a copy of the foregoing was served via U.S. mail on each of the following
Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney Generals Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge & Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Mr. Robert Pressman 22 Locust Avenue Lexington, Massachusetts 02173 M. luel Bones III 249234-V1 309/13/2004 11
44 501-4472951 V LRSD SRO e derate, 4- 01/02 ef=^ ) EDWARD L. WftlGMT <1903-1917) ROSBRT 5. UXMCY 0913-1991) ALSTON JBWNIKOS <19)7.2004) ISAAC A. SCOTT. JA. JOHN G. LILS GORDON S. HaTHER, JR. MARTIN G. CILBERT KOGBR A. GLASCO* PATRICK 7. COSS ALSTON J8WNJN0S. JR. JOHN R. TISDAL? KATHLYN ORavbS M. SAMUEL JONES III JOHN WILLIAM SPJVEY III LEE J. MULDROW N.M. NORTON CHARLES C. PRICE ! CHARLBS T. COtfiMAN JA.MES I. atovim eOWIN L. LOWTHBR. JR- ORECORY T: JONBS J SBTTINA B. BROWNSTEIN j WALTCK MtiPAPO^N . JIM-Ot SXAMtS iutwr $11H MJ>H5 ........ RJARX-is * ?
40: Mr. Chris Heller WRIGHT, LINDSEY & JENNINGS LLP 1 aTTORNEYS-aT law i 200 *ST CAPITOL AV^t<tje. SUITE 2300 LJTTLS XOCK. aRKa*i5aS 12201-3699 {50n )11-0Q8 FAX^IJOn 576-9442 901 \ORTN 43TH STftfBET. SUITE lOI ROCSaS. ARKANSAS 2736 (i 984-OU8 PAXi(79) 966-H31 T -/-irV .wlj .^9in OF COuJ^SL RONALD a
MAY 9RUCS ft LINOSEY 2 JAMES ft VAlj CRBOOftV $ OOVBR lUZINGO** I whi*'- j OVreet OlAl ite-K 001.-2124273 Friday, Eldredge & Clark 400 W. Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3493 RE: September9, 2004 KATHRYN A PRYOB }. WARK DAVI5 } clairb shows Hancock 4 KEVIN W. KENH6D JERRY J. SALLINGS WJLLlAM STUART JACKSON MICHAEL D. SARNES STEPHgN ft. LANXASTSR JUDY ftOBlNSON' WILSER KT L8 R. WILSON C. TAO SOHaNNON / KftlSTt M. MOODY J. CHARLES OOUCHBRTY* M. SBAN HATCH J. ANDREW VJ^ES JUSTIN T. ALL6X MICHELLE M. Kaemmerling ) SCOTT ANOREU' tR8Y PATRICK 0. WILSON RBClNA A. S9aULONG MARY BLIZaBBTH ELDRIDGE BLAKS S. RUTHERFOftO PAUL D. MORRIS EDWARD RIAL ARMSTRONG BVA.C. MADISO.*- 6 J. RBBBCCA fRATT WASS OAWH O' bBOPUs CALR-y B. VO l&OLIM ReJORGeNSEN GARY Oz!<*MT5'. )R,i TA. . > UiakitaH OitiHe: ef 3 New rort S North Carnlt^o 6 Oklchfun rr^infitcf * Ufvvt^ mSlant P^sm * UUHM hl ftafhff ylirhiffut t 1 I M-to-M Agreement Between PCSSD and LRSD Dear Chris: 1 original of the M-to-M Agreemenit that was facilitated by Horace Smith. ..Si. - y' ' I**.. > A _ I __ _ __ signature and return to met Brenda Bowles is out of town until next ahS I'<v2l get her signature then after you return this to me. Cordially yours, 1 WRIGHT, LINDSEY & JENNINGS LLP 1 M. S luel Jones, HI MSJ:ao Encl. i I I I I 524319-vl I 109/13/2004 11:44 501-4472951 LRSD SRO PAGE 02/02 11 One Year M-to-M Agreement Befween the PCSSD and LRSD September__i, 2004 During an August 6, 2004 meeting at the ODM, the rejjresenutives of Pulaski County Special School District (PCSSD) and the Little Rock School District (IRSD) tentatively reached the following one-year agreement to settle issues regarding M-to-M transfers. II 1. PCSSD agrees to use its tracking form" only to identify to LRSD its M-to-M students progressing from one organizational level to the next outside of established PCSSD feeder patterns. For those M-to-M students who progress outside of the feed* patterns, PCSSD will provide its tracking form to the LRSD to document the students school assii 4 p icnmilents. LRSD agrees to discontinue the longstanding practjce of sending letters to M-to-M. students 3. jn^ard^ scl^l assignments for the foUowit^ year, leaving that task to PCSSD. LRSD agrees to continue to transport M-to-M students who are returning to their original school sites in the PCSSD, or to the next school in their eftafalished feeder pattern, with the exception of the five students already agreed upon, as well as at odier properly enrolled M-to-M students. 4. Both PCSSD and LRSD agree that no new M-to-i students will be allowed to attend a PCSSD specialty school with a majority black enrollment taring the 2004-05 school year. 1 5. I LRSD agrees to transport five (5) M-to-M sixth-gr^de students who attended Clinton. Crystal Hill, and College Station in 2(X)3-04 to the specialty prtiram at Fuller Middle School in 2(X)4-05. These students were identified as gifted and the PCSSD Fuller. id already assured them that they could attend 6. Both LRSD and PCSSD agree to work with the Ntfcth Little Rock School District, Joshua Intervenors, Magnet Review Committee, and Offiojs of Desegregation Monitorir^ to develop solutions to remaining M-to-M disagreements and completed on or before December 31, 2004, o in^rove procedures. This process will be 7. The parties request that the MRC and ODM establi ih a regular meeting schedule to ensure that the December 31, 2004 deadline is met. So agreed this___ day of September, 2004. JOSi By. INTgRVE] John Walker Limfe ROCK SCHOOL DISTRICT By_J__________________________ j Junious Babbs, Associate Superintendent PULAtKI COUNTY SPECIAL SCHOOL DISTRICT By. 1 Dr. Brenda Bowles 520624-vI s Office of Desegregation Monitoring United States District Court Eastern District of Arkansas One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, Arkansas 72201 (501)376-6200 Fax (501) 371-0100 November 2, 2004 Mr. Junious Babbs Associate Superintendent Little Rock School District 501 Sherman Street Little Rock, AR 72202 Dear Junious: The M-to-M agreement that PCSSD, LRSD, and Joshua signed in late September requested that the Magnet Review Committee and the Office of Desegregation Monitoring facilitate meetings to help the parties settle remaining M-to-M disagreements. The first meeting to address those issues will be held at the MRC office in North Little Rock on Wednesday, November 17, 2004 at 9:30 a.m. Our second meeting will be held on Thursday, December 9, 2004 at 9:30 a.m. at the MRC office. Please let me know by the end of the week if these dates are agreeable. I can be reached at 376-6200, by fax at 371-0100, and by email at hrsmithfrz'.aristotle.net. Thank you for your attention to this matter. Sincerely, Horace R. Smith Monitorrf-tac. ux/ ux I little rock s thool district 501 SHERMAN s: REFT LlrTT E ROCK, R 72202 {)FndE OF ADlvnNISTRATIVF SERVICES uniou i C. Babbs, Associate Superintendent 1 'hone: ] i-Maii (501) 447-2955 junious,babbsi'gU rsd.org TO
Mr. Horace Smith, Office of Dese
reg at
on and Monitoring FROM: Babbs I SUBJECT
Idei tifying M-to-M Issues ATE
Not amber 15, 2004 In preparation for < i requesting identific ur November 17*^ meeting am I respi inse to your November 11 th 1. 2. 3. ation of pending M-to-M issues, the Use of PCJ:SD tracking form (#1 in Sept. A. Wh I memo ollowing information is being provided
!O4 M( )U Agreement) 6 PCSSD will provide their tra :king sch
iol assignment, an anticipated orm to LRSD to document students I time c f receipt is requested. B. Be i aminded that LRSD students ^-to-f 1 from PCSSD) must reapply upon corr Dietion of a classification level (K-5 t 6-8). LRSD agre ss to discontinue the longstaniing practice of sending letters to M-to-M students re PCSSD. ! larding their school assignments for the following year, leaving that task to It is imports established notification It that PCSSD notify each LR 5D sk dent attending PCSSD via M-to-M. Our 1| contact period will be March 4Cai PCSSD coincide to provide a letter of or our students? I Tentative a> treement has been established that ichooi composition percentages reflect official sch do! counts reported to ADE di ring tf e second submission cycle. When and I ow would this communicationjbe pre vided to each district? Informational / )iscussion Items I 1. Given seat ivailabi'ity, it is anticipated tha M-to-iVl transfers will be available to enter LRSD scho ils, including LRCH at second semester 2. When open School and designated i id. M-to-M transfer will be avajiabie Io the new PCSSD Maumelle Middle 3henal Elementary
however, there s no set or established number of ieats. 1! i i I 12/10/2804 12:20 501-4472951 LRSD SRO PAGE 01/01 LITTLE ROCK SCHOOL DISTRICT 501 SHERMAN STREET LITTLE ROCK, AR 72202 I )IFIC E OF ADMINISTRATIVE SERVICES . uniou I C. Babbs, Associate Superintendent : hone: (501) 447-2955
>Mail junious.babb8@Ir$d.org TO: Karl Brown, Pulaski County Spec al Scl Donna Creer, Magnet Review Co: amith i ool District e Horace Smith, Office of Desegrej ation Monitoring FROM. OUS Babbs SUBJECT: Requested Information DATE: December 10, 2004 In response to information requested in our Dec
mber 9* meeting, I have indicated all Little Rock School District Schools that are NOT elig ble to receive M-to-M transfers based on October 1,2004 enrollment. Elementary Forest Park Fulbright Jefferson Pulaski Heights Elementary If questions surface, please contact me.
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