FCSSD PULASKI COUNTY SPECIAL SCHOOL DISTRICT 925 East Dixon Road/P.O. Box 8601 Little Rock, Arkansas 72216-8601 (501) 490-2000 RECEIVED August 6, 1993 AUG 1 0 1993 Mr. George Mones Senior Vice President for Human Resources St. Vincent Infirmary Medical Center 2 St. Vincent Circle Little Rock, AR 72205-5499 Office of Desegregation Monitoring Dear Mr. Mones: Thank you for agreeing to make the enclosed brochures available to your employees who may be interested in enrolling their children in the new King Interdistrict Magnet School located at 907 Martin Luther King Jr. Drive. The Pulaski County Special School District is interested in recruiting pre-K (age 4) through 6th grade students to attend. It is our belief that many parents of youngsters who may qualify to attend are your employees. If you need additional brochures, please feel free to contact me. Again, thank you for your cooperation and support of public school education. Sincerely, Ruth Simmons Herts, Ed.D. Director of Desegregation PS c Mr. Billy Bowles Mr. Bobby Lester Office of Desegregation Monitoring Provisional Brochure will specify who may qualify to attend.<?P: FCSSD PULASKI COUNTY SPECIAL SCHOOL DISTRICT 925 East Dixon Road/P.O. Box 8601 Little Rock, Arkansas 72216-8601 (501) 490-2000 received August 10, 1993 W6 1 2 5 Otticc o Dssegteg^uon Moniwing Dear Parents/Guardians: We are very pleased that you have decided to enroll your youngster(s) in the new King Interdistrict Provisional Magnet School. It is an excellent educational opportunity for students. The Pulaski County Special School District is interested in recruiting pre-K (age 4) through 6th grade students to attend. I have enclosed several brochures about the school. Please assist us by distributing the brochures to your friends, neighbors and relations. If you need additional brochures, please feel free to contact me. Thank you for your cooperation and support of public school education. Sincerely, Ruth Simmons Herts, Ed.D. Director of Desegregation ch c Mr. Billy Bowles Mr. Bobby Lester Office of Desegregation Monitoring Brochures will specify who may qualify to attend. RECEIVED AUG 1 6 1993 Office of Dese^regali: Moniiorin^ NLoja-i-vC Mc
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School I 4-)no&e- -Hv/xh +kur nA. 1 SakodJ S-e^ h a.V^ iaI I4 (p I TEL: \ SI ___Aug J6_. 95 12 :Q5 No .001 P .04 kina I) \ - '4\5iAXJii.i<p- O' XSuS^^QibA'i '^- JAJ:y -sfA-sAA, \ v V V k) *\ '^&-/'e*\>>Sl,axXiA<Yr- Vx \ ^xVio\, l\iv) \f'| \ \ 1. 3 \XSboJ*<x<p- > . \ \ 1 V K \ \ \ 3 vJ\l<3.i\.<,.vO^V'' 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 Date
August 16, 1993 To: Estelle Matthis From: n Brown Subject
King Recruitment and Assignment When you and 1 last met on Friday, August 6, 1993, I inquired what policy the LRSD had developed regarding which and how many LRSD white children the district would allow into King. You stated that, although there was no policy at the time of our conversation, you were aware of the importance of such a policy, and that you expected to develop one within the next few days. It has been 10 days since our meeting, and it is now exactly one week before school opens to students. 1 still have not received any information about your policy on admitting LRSD white children to King. 1 understand that you plan to meet this afternoon with my associate, Connie Hickman Tanner, to discuss recruitment. At that time, please give the following written information to Mrs. Tannen 1. The policy on admitting LRSD white children to King. 2. The names of LRSD administrators, other employees, or board members who were directly involved in formulating this policy. 3. The date this policy was put into effect. 4. The date the policy was communicated to the Student Assignment Office. 5. An explanation of the basis for this policy, citing relevant desegregation plan and court order provisions by date and page number, and including specific reference to any other written LRSD assignment policies and procedures that were factored into the King assignment policy. 6. The LRSD policy for recruiting and admitting private school children into the district. August 16, 1993 Page Two 7. The number of LRSD white students presently registered for King: a. b. c. By grade level, sending (zoned) school, and date registered. Indicate which of those students are coming into the district from private schools. Indicate which of those students have a parent employed at Childrens Hospital, the Capitol complex, or another worksite near King. 8. The number of King seats presently reserved for PCSSD students. 9. The number of King seats presently reserved for LRSD white children. 10. The number of King seats presently reserved for LRSD black children. 11. The number of PCSSD children registered for King as of August 16, 1993. 12. The number of LRSD black children registered for King as of August 16, 1993. 13. The number of King seats for white children that will be reserved, by district, throughout the school year. 14. The date by which the LRSD plans to release any reserved King seats, which seats (by number, race, and home district) the district will release, the policy which will govern that release, and the policy which will guide the placement of new students thereafter. 15. A list of all King recruitment meetings by date, site, number attending, home district of those attending, and home school of those attending. 16. A list of the policies, procedures, and practices the district has instituted to maximize the potential for recruiting students whose parents work at Childrens Hospital, the Capitol complex, or other worksites near King. 17. A description of the safeguards the district has instituted to promote trust and good will between parents and the district during the King recruitment and registration process. 18. Do you plan to change the school assignment of any students whom the district has already assigned to IQng? If so, site the LRSD policy that governs changing an assignment after the district has made an initial school assignment. cc: Connie Hickman TannerODM needs the following information: Total number of LRSD students enrolled in King Number, by race, from the King assignment zone Number, by race, from LRSD outside King attendance zone and a list of the schools those out-of-zone students attended during the 1992-93 school year. Total number of intra-district transfers, by race, to Romine and WashingtonTo: From: Little Rock School District Ms. Melissa Guldin, ODM Monitor < telle Matthis, Interim Superintendent received i? Office of Desegregaiion Wciiifonng AUG 2 0 1995 Re: King Interdistrict School Date: August 20, 1993 Per your request for information received at approximately 3:10 p.m. on Friday, August 20, 1993, I provide the following: 1. Total number of LRSD students enrolled in King: 432 . 2. Number by race, from the King assignment zone: 355 black
14 white (in addition, 3 whites and 1 black received staff preferences
2 whites received legal transfers
2 blacks were successful on appeal of assignment
and, we are still attempting to trace the origin of 2 blacks). 3. Number, by race, from LRSD outside King attendance zone and a list of the schools those out-of-zone students attended during the 1992-93 school year: 53 white (see attached list reflecting the 1992-93 assignments. A total of 59 students appear on the list, however, 6 of those have been transferred to other schools). 4. Total number of intra-district transfers, by race. to Romine and Washington: we are in the process of gathering this information and will provide it as soon as it becomes available. EM: nr 810 West Markham Street Little Rock, Arkansas 72201 (501)374-3361k
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, 5 c0d lUiOi i to: Mr. Jerry Malone Mr. Billy Bowles Ms. Ann Brown FROM
John W. Walker RE
DATE
memorandum King Interdistrict Magnet Elementary School August 20, 1993 6'^ This is to advise that Joshua has not signed the Stipulation upon which we agreed upon in principle yesterday at the Little Rock __ This is because information that we have to conclude that a larger number of pupils are school Board offices. received causes us numoer or puyns being assigned to King from outside the King attendance zone than the number we were given. Most of these youngsters are from other cannot be parties to assignment and attendance at the We incentive school areas. practices which allow decline in emphasis . . incentive schools nor can we support practices which distort the double funding requirement and desegregation requirement of the plan. For these basic reasons, as Joshua counsel, I am withholding endorsement of the stipulation and putting :^D on will not agree to the Courts suggestion that we-------------- pupils be assigned to King under the circumstances. let LRSD white I ! I 1 ILittle Rock School District received AUG 2 A 1993 To: Mrs. Ann Brown, Federal Monitor From: Estelle Matth 'interim Superintendent Office of Deseg.-sgaficn Monitoring f . Re: King Interdistrict Magnet* School Recruitment and Assignment Date: August 23, 1993 In response to your memo dated August 16, following: 1993, I provide the 1. None. LRSD Board. Any policy would have to be acted upon by the It takes two (2) Board meetings to adopt a policy, (i.e. two readings). Further, court approval would be necessary to approve any modification of the court-approved Desegregation Plan and/or the court- approved King Student Assignment Plan. N/A N/A 4. N/A 5. N/A 6. There is no such "policy. (t Children attending private school are eligible under LRSD's EPS Code: JECwhich admits students K-12 within the geographical limits of the District. students are then assigned to elementary area schools by Those attendance zones or under other provisions of Court-Approved See LRSD Desegregation Plan, Student Desegregation Plan. Assignments, p. 139, III, see also. Desegregation Plan, p. 95. 2. 3 . 7. a. See 8-20-93 memo from Estelle Matthis to Melissa Guldin
b. See 8-20-93 memo referenced above
c. Not yet available. I 8. See Interdistrict Plan, p. 3, I-B.: p. 9, I.B. and F. (pg. 11)
II., p. 11. See also. LRSD Desegregation Plan, April 29, 1992, II., p. 139
under these provisions, the PCSSD should send a minimum of40% of the students. The 810 West Markham Street Little Rock, Arkansas 72201 (501)374-3361Mrs. Ann Brown August 23, 1993 Page 2 desired goal is approximately 51 percent black (from LRSD) and 49% white (from PCSSD or beyond Pulaski County). 9. Zero. See Motion for Clarification filed 8-20-93. 10. See No. 8 above. Also, the number of students from the court-approved King assignment zone to achieve the desired ratios. of 692 students. Between 349 and 417 students based on a capacity These numbers increase based on the new capacity figure of 728 due to the additional two (2) four- year old classes. 11. 101 as of 8-20-93
Total white enrollment as of 8-22-93 was 212. That number was continuing to increase as registration continued. 12. 384 as of 8-22-93. 13. The permissible ranges are as high as 417 black and as low as 279 white
or, as low as 349 black as high as 347 white. The black number will not go above the maximum. The other seats not taken by LRSD blacks will be available for recruitment of white students from PCSSD and beyond Pulaski County. 14. See response to question 13. either by agreement of the parties Any release of seats may occur in applicable Desegregation Plan provisions Court. accordance with or order of the 15. This information is being gathered in accordance with applicable desegregation plan provisions. 16. See response to question 15. 17. The LRSD is endeavoring to comply with the terms and conditions of the court-approved Desegregation Plan such that all parents, those recruited to King and those not recruited to King, will understand the complexities and constraints under which the LRSD must work while attempting to make available to them the exciting opportunities which will flow from proper implementation of the plan. 18. The LRSD was advised, by representatives of ODM, that the Court (on Tuesday, August 17, 1993) expressed concern regarding the possibility of this occurring. Accordingly, the parties and ODM met on Thursday, August 19, 1993, at 2:00 p.m., to discuss those concerns. An agreement was reached and the LRSD proceeded in accordance therewith. Joshua Intervenors, thereafter, refused to execute the Agree-Mrs. Ann Brown August 23, 1993 Page 3 merit and LRSD filed a motion on 8-20-93. See copy of Agree- ment attached and copy of Motion served on ODM on 8-20-93. However, should such occur, the basis for such change would be the LRSD's commitment to comply with the requirements of the LRSD Desegregation Plan, the and applicable court orders. Interdistrict Desegregation Plan EM: nr Enclosures #1 and #2 cc: Jerry L. Malone Connie Hickman-Tanner Sterling Ingram 1To: From: Re: Date: p.m. Little Rock School District Ms. Melissa Guldin, ODM Monitor telle Matthis, Interim Superintendent King Interdistrict August 20, 1993 School on Friday, August 20, infonnation 1993, received at approximately 3: lo 1. Total number of LRSD 432. I provide the following: students enrolled in King: 2. 355 black
the King 3. 4. EM: nr 1 black 14 / ---assignment zone: 14 white (in addition. receivedT^r? received legal transfers
ful on appeal of attempting to trace 2 blacks were assignment
and. 2 whites success-the . we are still origin of 2 blacks). trom LRSD outside , - King attendance _ those out-of-zone zone and a list of the k
:e: sk
.- Total number of intra-district transfers to Romine and WasC! hH i1 ngtojxkn V*: w= . of gathering this information soon as it becomes available. 810 West Markham Street year: appear transferred by race. we are in the process and will provide it as Little Rock, Arkansas 72201 (501)374-3361 I y\ \ 8< ^ vA \ r\ P \ '^t5>A-3CA^ 5>a>i <'?' k \ Ph I SI 3 L>_ a \ 13 ^(p ' 'Ttifi.k - l-SS i-xay ~t~r^ff>ri. Aferr ^t * & S' 3 -A- 3 \ I XI-Si I I4 1 13 \ (p \ 1 \ \ I > <is.O \ ^<Ck.'<sc>^lJ3j>cu A jC- \ 1_ 3 \ \ V \ s \ 3 5 AGREEMENT The parties met on Thursday, August 19, 1993, pursuant to the instructions of the Court, to discuss initial enrollment at Martin Luther King Interdistrict Magnet* Elementary School ("MLK") 1993-94 school year. for The parties are in substantial disagreement about certain matters which relate to the plan and the manner in which assignments would be made under the plan to MLK. Joshua Intervenors strongly oppose the placement, assignment or enrollment of LRSD white students, who live outside the Martin Luther King Interdistrict School assignment zone, to MLK. The PCSSD is also concerned about future year's effect of LRSD white students being assigned, enrolled or allowed to attend Martin Luther King Interdistrict Magnet* School. All parties are mindful of the admonitions of the Court regarding school district/parent cooperation and integrity as well as the other needs for both desegregation and certainty about school opening for this year at Martin Luther King Interdistrict Magnet* School. Based on these concerns and considerations, and the encouragement of Court, the parties have agreed that for the 1993- 94 school term only, LRSD white students, who have received written assignment notices to MLK from the LRSD as of the date of this agreement, shall be allowed to attend or be enrolled or assigned to MLK. Once assigned to MLK, those children shall be afforded all the rights and privileges of other students who are being assignedPage 2 to the Martin Luther King Interdistrict Magnet* School (i.e., including continued enrollment). However, there shall be no sibling preference available to these students so assigned. No other LRSD white students may be assigned to MLK. The parties will seek Court approval of this Agreement. DATED THIS day of 1993. John W. Walker, Joshua Intervenors Attorney Bobby Lester PCSSD Superintendent Dr. Henry Williams LRSD Superintendent James Smith NLRSD Superintendent Richard Roachell Knight Intervenors Attorney *ProvisionalAUG-23-93 MON 10:36 SUSAN W WRIGHT FAX NO. 5013246576 P. 02 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION O'! rx"' 2.0 r<'.i y' 7 I LITTLE ROCK SCHOOL DISTRICT "PLAINTIFFS ir- - V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL DEFENDANTS KATHERINE KNIGHT, ET AL INTERVENORS MOTION FOR CLARIFICATION OF KING INTERDISTRICT SCHOOL STUDENT ASSIGNMENTS OR, IN THE ALTERNATIVE, MOTION TO ENFORCE AGREEMENT OF PARTIES The Plaintiff, Little Rock School District ("LRSD"), for its motion for clarification of the King Interdistrict School's student assignments or, in the alternative, motion to enforce agreement of the parties, states: 1. The parties herein are operating under court-approved desegregation plans and settlement plans. In particular, the LRSD is operating under a Desegregation Plan dated April 29, 1992. It is also acting under an Interdistrict Desegregation Plan dated April 29, 1992. 2 . The plans make provisions regarding the various types of schools in the several schools districts. Namely, the plans refer to magnet schools, interdistrict schools, elementary area schools and incentive schools. The intent of the plans was for each type of school to serve specified purposes and perhaps, certain patrons. AUG-23-93 MON 10:37 SUSAN W WRIGHT FAX NO, 5013246576 P. 03 3. The plans also contain provisions outlining the recruitment and assignment of students to the various types of schools. For instance, the LRSD Desegregation Plan provides that students will be assigned to area schools by attendance zones. LRSD Desegregation Plan, April 29, 1992, P- As for 139. Interdistrict Schools, the plans provide that such schools shall be populated primarily by black students from LRSD and white students from PCSSD or beyond Pulaski County. Interdistrict Desegregation Plan, April 29, 1992, p. 4. 4. Incentive school assignments are to be made from attendance zones that encompass the neighborhoods around the school. LRSD Desegregation Plan, April 29, 1992, p. 139. By so assigning, those schools designated as incentive schools would be, at first, virtually all-black schools. Accordingly, the parties agreed that incentive schools would be desegregated in phases through a combination of white recruitment into the incentive schools and by designating a number of seats for white students. Interdistrict Desegregation Plan, April 29, 1992, P- In 4 . addition, desegregation transfers may be made where such transfer enhances the desegregation at the incentive school. LRSD Desegregation Plan, April 29, 1992, p. 140. 5. The plans also envision that efforts will be made to recruit white students currently attending private schools either back to or into the area school which serves the attendance zone where those students live. LRSD Desegregation Plan, April 29, 1992, p. 95. 2AUG-23-93 MON 10:37 SUSAN W WRIGHT FAX NO. 5013246576 P. 04 6. Under the Interdistrict Desegregation Plan, the parties agreed that various interdistrict schools would be constructed and/or operated in the LRSD and the PCSSD. In fact, the LRSD agreed to, and did, construct a new King Interdistrict School to serve students at the beginning of the 1993-94 school year. The parties attempted to locate the school such that it would be attractive to those whites from the PCSSD and outside Pulaski County who work within the governmental and business centers of Little Rock. Interdistrict Desegregation Plan, April 29, 1992, p. 11. 7. The development of interdistrict facilities and programs which would allow for black children in the LRSD and white children in the PCSSD to attend schools in a desegregated environment was one of the primary aims of the parties. However, the development of the interdistrict schools also served as a mechanism through which the parties could receive financial assistance by way of the majority to minority transfer program. It was understood that vigorous and sustained recruitment would be necessary to maximize such transfers. By doing so, funds would be available to continue the operation of the agreed upon interdistrict schools. 8. In recruiting students to attend King interdistrict School, whites within the LRSD attended meetings and expressed a desire to enroll their children in the school. Based on reasonable information and belief, less than 60 white students within the LRSD have been placed on the list to attend King Interdistrict School. 3AUG-23-93 MON 10:38 SUSAN W WRIGHT FAX NO, 5013246576 P, 05 9. Prior to the start of the 93-94 school year, while the fall registration process was being completed, the Interim superintendent, Mrs, Estelle Matthis, learned of these assignments. The in-coming Superintendent in the LRSD, Dr. Henry Williams, in consultation with the Interim Superintendent was preparing to resolve those questions surrounding these assignments so that parents could be notified prior to the start of school for the 93- 94 school year- 10. Dr. Williams and Mrs. Matthis concluded that solutions available to the LRSD such to allow full comp the desegregation plans. corrective action could be taken prior to the opening of that parents could . be advised where their childret They also concluded that th assigned for the 1993-94 school year. see Exhibits No No. 2 attached hereto and incorporated herein by reference. 11. Prior to final action being taken by the LRSD, the LRSD received word, through the Office of Desegregation Monitoring (ODM) and its attorneys, that this Court had expressed concern (on 1 1 Tuesday, August 17, 1993) regarding the possibility that the LRSD would notify some or all of those LRSD whites that they would not be permitted to attend King Interdistrict School for the 1993-94 4 1 Teachers in the LRSD returned to contract on Monday, August 16, 1993. 1993< The students are set to return on Monday, August 23, II I I ! AUG-23-93 MON 10:38 SUSAN W WRIGHT FAX NO. 5013246576 P. 05 9. Prior to the start of the 93-94 school year, while the fall registration process was being completed, the Interim superintendent, Mrs. Estelle Matthis, learned of these assignments. The in-coming Superintendent in the LRSD, Dr. Henry Williams, in consultation with the Interim Superintendent was preparing to resolve those questions surrounding these assignments so that parents could be notified prior to the start of school for the 93- 94 school year- 10. Dr. Williams and Mrs. Matthis concluded that there were solutions available to the LRSD such to allow full compliance with the desegregation plans. They also concluded that the necessary corrective action could be taken prior to the opening of schools so that parents could be advised where their children would be assigned for the 1993-94 school year. see Exhibits No. 1 and No. 2 attached hereto and incorporated herein by reference. 11. Prior to final action being taken by the LRSD, the LRSD received word, through the Office of Desegregation Monitoring (ODM) and its attorneys, that this Court had expressed concern (on 1 1 Tuesday, August 17, 1993) regarding the possibility that the LRSD would notify some or all of those LRSD whites that they would not be permitted to attend King Interdistrict School for the 1993-94 1 4 Teachers in the LRSD returned to contract on Monday, August 16, 1993. 1993. The students are set to return on Monday, August 23, I il I 5 IAUG-23-93 HON 10:38 SUSAN W WRIGHT FAX NO. 5013246576 P. 06 school year. Being reluctant to permit LRSD whites to attend King School because of the uncertainty whether such would be in compliance with the court-approved desegregation plans as well as the spirit and intent of the parties when the plans were developed, the incoming superintendent deemed it most advisable to seek clarification from this Court. 12. In light of the foregoing, the LRSD prepared to request the indulgence of the court and seek clarification regarding several concerns: (a) whether LRSD whites may be permitted to attend King Interdistrict School without violating the court-approved i J desegregation plans or the spirit and intent of the parties in developing those plans?
(b) If the response to question number 1 II is in the affirmative, whether those LRSD whites who are allowed to attend King Interdistrict School will be permanently assigned or assigned only for the 1993-94 school year?
(c) Whether LRSD whites. other than those currently on the list to attend King Interdistrict School, will be permitted to attend King Interdistrict School during the 1993-94 school year?
(d) Whether LRSD whites, other than those currently on the list to attend King Interdistrict School, will be permitted to attend King Interdistrict school during the 1994-95 school year and beyond?
(e) 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 whites will be t permitted to attend King Interdistrict School?? (f) whether provisions can be made to overcome the loss of M-to-M transfer 5 ,1 I a ij 3AUG-23-93 MON 10:39 SUSAN W WRIGHT FAX NO. 5013246576 P. 07 moneys to be sustained by LRSD through permitting LRSD white students to occupy seats which could otherwise be filled by PCSSD white students (either this year or in future years)?
and, (g) Whether provisions can be made for the potential expenses to be incurred by the LRSD to provide transportation to the LRSD white students, from scattered areas of the city, to attend King Interdistrict School? 13. The LRSD would be pleased to accept white students from the LRSD into King Interdistrict School as long as such can be done in accordance with the court-approved desegregation plans or any court-approved modification thereto. Because of these numerous concerns raised by the incoming superintendent, it is respectfully submitted that a good-faith basis existed for clarification and direction from this Court, In light of the impending opening of ii i! schools, it was critical that this matter be resolved immediately. 5 14 , Before the request could be made. the parties and I representatives from ODM met on Thursday, August 19, 1993 , as instructed by the Court, Present at that meeting were
a. b, c. d. e. f. g- h. i, j k. 1. m. Dr. Henry Williams, in-coming LRSD Superintendent Estelle Matthis, interim LRSD Superintendent Sterling Ingram, LRSD Chris Heller, LRSD Attorney Jerry L. Malone, LRSD Attorney John W. Walker, Joshua Intervenors Attorney Joy Springer, Joshua Intervenors Connie Hickman-Tanner, ODM Melissa Guldin, ODM Bill Mooney, Court-Appointed Budget Specialist Bobby Lester, PCSSD Superintendent Billy Bowles, PCSSD Ruth Herts, PCSSD 6 I ilAUG-23-03 MON 10:39 SUSAN W WRIGHT FAX NO. 5013246576 P. 08 15. During the meeting, concern was expressed that the assignment of some LRSD white students to King Interdistnct school could constitute a violation of the desegregation plans. Notwith- *1 standing, those present were advised that the Court wanted the parties to come to an agreement regarding those students (less than 60) such to allow them to be accommodated at King Interdistrict school for 1993-94 and beyond. The LRSD does not concede that the plan prohibits it from so assigning some LRSD whites to King Interdistrict School. Arguments can be made to the contrary. After much discussion, the parties drafted an agreement (the "Agreement") whereby those LRSD white students, outside the King Interdistrict School Assignment Zone, who had received written notice of assignment, to that school before August 19, 1993, would be allowed to attend the school for 1993-94 and beyond. No other 11 16. LRSD White students, not within the King assignment zone, would be .1 II allowed to attend King Interdistrict School. A true and accurate 11 copy of the Agreement is attached hereto as Exhibit "3" and incorporated herein by reference. 17. As a result of that meeting and the Agreement, those present agreed that the LRSD could proceed under it, even though it would not be fully executed until Friday, August 20, 1993 . The LRSD did so proceed. Further, the LRSD faxed copies of the type- written agreement to all those who had been present as well as to: a. b. c. d. Dr. James Smith, NLRSD Superintendent Steve Jones, NLRSD Attorney Sam Jones, PCSSD Attorney Richard Roachell, Knight Intervenors Attorney I 7AUG-23-93 MON 10:40 SUSAN W WRIGHT FAX NO, 5013246576 P. 09 18. At mid-morning on Friday, August 20, 1993, the LRSD received a telephone call from Attorney Walker indicating, among other things, that several other issues would prevent him from being able to sign the Agreement as the parties had contemplated. Recognizing that its dilemma was now even more critical than it had been, the LRSD resolved that judicial clarification was absolutely necessary. The LRSD later received a memo stating the Joshua Intervenors position. A true and accurate copy of that memo as faxed to the LRSD and others is attached hereto as Exhibit "4" and incorporated herein by reference. 19. Based on the foregoing, the LRSD does hereby request guidance and direction from this Court. Wherefore, the Plaintiff, Little Rock School District, prays that this Court enter an order clarifying the issues raised herein. II as well as any other related concerns
or, in the alternative, that an order be entered enforcing the agreement of the parties based on i S k the detrimental reliance of the LRSD and that the parties be awarded any and all legal and proper relief to which they may be entitled. I FRIDAY, ELDREDGE AND CLARK 2000 First Commercial Building 400 West Capitol Avenue Little Rock, AR 72201 Phone No. (501) 376-2011 Attorneys for Little Rock School District..^ Jerry L. Malone Bar I.D. No. 85096 z 8AUG-23-93 MON 10:40 SUSAN W WRIGHT FAX NO. 5013246576 P, 10 CERTIFICATE OF SERVICE the foregoing certify that a copy of Request for Clarification of King Interdistrict School Student Assignments has been served on the following by depositing a copy of the same in I the United States mail on this day of August, 1993: Mr. John 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 7201 Mr. Richard Roachell. First Federal Plaza 401 West Capitol Avenue Suite 504 Little Rock, AR 72201 k f Ms. Ann Brown Heritage West Building, Suite 510 201 East Markham Street Little Rock, AR 72201 Jerry L. Malone LRSD Attorney 1 9 iAUG-23-93 MON 10:41 SUSAN W WRIGHT FAX NO. 5013246576 P. 11 i i PARENTS!! COME HEAR ABOUT LRSD' Wednesday, August 11,7 P^i* ^sin Room .810 WestMarldaamstreet AMc^SSS'eStam Eiementaiy School is open school attendance zones and coun approved School DisSct wSsTuS?h,H^^ Pulas^^CounTy area also have!!:iop&"SS&K^^^^ IL Provisional staius 1/AUG-23-93 MON 10:41 SUSAN W WRIGHT FAX NO. 5013246576 P. 12 PARENTS? COME HEAR ABOUT LRSDs NEW MARTIN I IfTnrD irrMr to INTERDISTBICT MAGNET^EMEiOTlcK'- Wednesday, August 11,7 p.m. : I Little Rock Administration, Board Room ,810 West Markliam Street 3^isSSSSSSS=ss=^ in the Pulaski County Provisional status . J i J i .1 IAUG-23-93 HON 10:42 SUSAN W WRIGHT FAX NO. 5013246576 P. 13 agreement i The parties met on Thursday, August 19, 1993, pursuant to the instructions of the Court, to discus initial enrollment at Martin Luther King Interdistrict Magnet* Elementary School ("MLK") 1993-94 school year. for I I I I J The parties are in substantial disagreement about certain matters which relate to the plan and the manner in which assignments would be made under the plan to MLK. Joshua Intervenors strongly oppose the placement, assignment or enrollment of LRSD white students, who live outside the Martin Luther King Interdistrict School assignment zone, to MLK. The PCSSD is also concerned about future year's effect of LRSD white students being assigned, enrolled or allowed to attend Martin Luther King Interdistrict Magnet* School. All parties are mindful of the admonitions of the Court regarding school district/parent cooperation and integrity as well as the other needs for both desegregation and certainty about school opening for this year at Martin Luther King Interdistrict Magnet* School. I Based on these concerns and considerations, and the encouragement of Court, the parties have agreed that for the 1993- 94 school term only, LRSD white students, who have received written assignment notices to M2LK from the LRSD as of the date of this I agreement, shall be allowed to attend or be enrolled or assigned to MLK. Once assigned to MLK, those children shall be afforded all the rights and privileges of other students who are being assigned Exhibit 3"AtJG-23-93 MON 10:42 SUSAN W WRIGHT FAX NO, 5013246576 P, 14 Page 2 to the Martin Luther King Interdistrict Magnet* School including continued enrollment) . However, there shall be no .1 I I I sibling preference available to these students so assigned. No other LRSD white students may be assigned to MLK. The parties will seek Court approval of this Agreement. DATED THIS day of 1993 . John W, Walker, Joshua Intervenors Attorney Bobby Lester PCSSD Superintendent' Dr. Henry Williams LRSD Superintendent 1 James Smith NLRSD Superintendent 4 5 II Richard Roachell Knight Intervenors Attorney I ^ProvisionalADG-23-93 MON 10:43 SUSAN W WRIGHT FAX NO. 5013246576 P. 15 MEMORANDUM I to: Mr. Jerry Malone Mr, Billy Bowles Ms. Ann Brown FROM: John W, Walker RE
King Interdistrict Magnet Elementary School DATE
August 20, 1993 This is to advise that Joshua has not signed the Stipulation upon which we agreed upon in principle yesterday at the Little Rock This is because information that we have School Board offices. received causes us to conclude that a larger number of pupils are being assigned to King from outside the King attendance zone than the number we were given. I Most of these youngsters are from other We cannot be parties to assignment incentive school areas. practices which allow decline in emphasis and attendance at the incentive schools nor can wa support practices which distort the double funding requirement and desegregation requirement of the plan. ''For these basic reasons, as Joshua counsel, I am withholding endorsement of the stipulation and putting LRSD on notice that_we will not agree to the Court's suggestion that we let LRSD white pupils be assigned to King under the circumstances. 1 1 I <1 4 f! 1 I(7 received IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION AUG 3 I 1993 Office of Desegregation Monitoring LITTLE ROCK SCHOOL DISTRICT PLAINTIFF VS. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. DEFENDANT LORENE JOSHUA, ET AL. INTERVENORS KATHERINE W. KNIGHT, ET AL. -INTERVENORS PCSSD RESPONSE TO LRSD MOTION FOR CLARIFICATION OF KING INTERDISTRICT SCHOOL STUDENT ASSIGNMENTS OR MOTION TO ENFORCE AGREEMENT OF PARTIES The PCSSD will abide by the settlement agreement entered in this matter. WRIGHT, LINDSEY & JENNINGS 2200 Worthen Bank Building. 200 West Capitol Avenue Little Rock, Arkansas 72201-3699 (501) 371-0808 By. M. S At^ .el ones, II irneys for PCSS '(76060)CERTIFICATE OF SERVICE On this 3d day of August, 1993, a copy of the foregoing was mailed, postage prepaid, to: Mr. Christopher Heller Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Mr. Stephen Jones Jack, Lyon & Jones 3400 TCBY Tower Little Rock, Arkansas 72201 Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72206 Mr. Richard Roachell Roachell & Streett 401 West Capitol, Suite 504 Little Rock, Arkansas 72201 Office of Desegregation Monitoring Heritage West Building 201 East Markham, Suite 510 Little Rock, Arkansas 72201 M. Sa] el ones III I J:drlll67.030 2JOHN W. WALKER RALPH WASHINGTON MARK BURNETTE AUSTIN PORTER, JR. JOHN W. WALKER, P.A. Attorney At Law 1723 Broadway Little Rock, Arkansas 72206 Telephone (501) 374-3758 FAX (501) 374-4187 September 2, 1993 Christopher Heller, Esq. Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, AR 72201 Steve Jones, Esq. Jack, Lyon & Jones, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 received SEP 7 Ofiice of Desesrogstioi'i Monilorifig [COPY] Sam Jones, Esq. Wright, Lindsey & Jennings 2200 Worthen Bank Building Little Rock, AR 72201 Richard Roachell, Esq. Roachell & Streett 401 West Capitol Ave. Suite 504 Little Rock, AR 72201 Ann Brown, Monitor Office of Desegregation Monitoring 210 East Markham Little Rock, AR 72201 Re: LRSD V. PCSSD
No. LR-C-82- 866 Dear Ms. Brown and Gentlemen: Enclosed please find a copy of Joshua's Reply to Motion for Clarification of King Interdistrict School Student Assignments or, in the Alternative, Motion to Enforce Agreement of the Parties which is being filed in the above matter. Sincerely, [ORIGINAL SIGNED BY UNDERSIGNED COUNSEL] John W. Walker JWW:lp EnclosureIN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, ET AL. PLAINTIFFS 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 REPLY TO MOTION FOR CLARIFICATION OF KING INTERDISTRICT SCHOOL STUDENT ASSIGNMENTS OR, IN THE ALTERNATIVE, MOTION TO ENFORCE AGREEMENT OF THE PARTIES The Joshua Intejrvenors support the motion for clarification but oppose the alternative request to enforce the purported agreement of the parties. For cause, Joshua respectfully shows the Court: 1. The Court has approved the closing of the Ish Incentive School against the objections of Joshua. Joshua is mindful that there is a reluctance to aggressively promote white attendance at incentive schools and to enhance the schools to the point where those schools will be the best ones in the district. The effort, therefore, is to close them rather than integregate them and to thereby reduce the district's financial and educational obligations to children of African American descent. 2. Joshua is advised that before school began, children of African American descent from outside the King attendance zone werebeing assigned thereto. Joshua did not have that information when it met with members of the Office of Desegregation Monitoring (ODM) and school district officials where they were advised of the Courts interest in accommodating white parents who live within the Little Rock School District who may have been, albeit inadvertently, promised assignment to King by recognizing those assignments. Joshua and Pulaski County objected for similar and for different reasons. Joshua agreed to allow limited assignment this year of white youngsters who live within the district pursuant to the premises proffered and because it was made clear that this was the Court's wish. 3. The Court is reminded that the district promised African American children that it would both strengthen their incentive schools and recruit white children to them through an aggressive recruitment program. Joshua takes this occasion to assert that while promises made to parents are important, when the promises are made to African American children, they are just as important as the promises which are made to white children and their parents. 4. A hearing would be important on this matter and would help to set the parties upon the appropriate course with this new school administration which appears more committed to the desegregation plan than the last administration. WHEREFORE, premises considered, the Joshua Intervenors join in the motion to clarify student assignments in general and to King I Interdistrict School in particular. Joshua opposes the motion to enforce the agreement without an evidentiary hearing regarding its future impact upon the retention of the incentive schools and thebenefits which were "promised" to the children of African American descent who lived in those zones. Those promises, we remind the Court, were made by school district officials and have not been fulfilled either by the district. Respectfully submitted. W. Walker JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR 72206 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been mailed, postage prepaid to the counsel of record listed below on this 2nd day of September, 1993. Steve Jones, Esq. Jack, Lyon & Jones, P.A. 3400 Capitol Towers Capitol & Broadway Streets Little Rock, AR 72201 Christopher Heller, Esq. Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, AR 72201 Sam Jones, Esq. Wright, Lindsey & Jennings 2200 Worthen Bank Building Little Rock, AR 72201 Richard Roachell, Esq. Roachell and Streett 401 West Capitol Avenue, Suite 504 Little Rock, AR 72201 Ann Brown, Monitor Office of Desegregation Monitoring 210 East Markham Little Rock, AR 72201 John talker AGREEMENT The parties met on Thursday, August 19, 1993, pursuant to the instructions of the Court, to discuss initial enrollment at Martin Luther King Interdistrict Magnet* Elementary School ("MLK") for 1993-94 school year. The parties are in substantial disagreement about certain matters which relate to the plan and the manner in which assignments would be made under the plan to MLK. Joshua Intervenors strongly oppose the placement, assignment or enrollment of LRSD white students, who live outside the Martin Luther King Interdistrict School assignment zone, to MLK. The PCSSD is also concerned about future year's effect of LRSD white students being assigned, enrolled or allowed to attend Martin Luther King Interdistrict Magnet* School. All parties are mindful of the admonitions of the Court regarding school district/parent cooperation and integrity as well as the other needs for both desegregation and certainty about school opening for this year at Martin Luther King Interdistrict Magnet* School. Based on these concerns and considerations, and the encouragement of Court, the parties have agreed that for the 1993- 94 school term only, LRSD white students, who have received written assignment notices to MLK from the LRSD as of the date of this agreement, shall be allowed to attend or be enrolled or assigned to MLK. Once assigned to MLK, those children shall be afforded all the rights and privileges of other students who are being assignedPage 2 to the Martin Luther King Interdistrict Magnet* School (i.e., including continued enrollment). However, there shall be no sibling preference available to these students so assigned. No other LRSD white students may be assigned to MLK. The parties will seek Court approval of this Agreement. DATED THIS day of 1993. John W. Walker, Joshua Intervenors Attorney Bobby Lester PCSSD Superintendent Dr. Henry Williams LRSD Superintendent James Smith NLRSD Superintendent Richard Roachell Knight Intervenors Attorney *Provisional IInterdistrict Schools Enrollment B W T % BIk Baker 75 208 283 27 Crystal Hill Romine Washington 307 277 483 469 84 339 776 361 822 40 77 59 ELEMENTARY INTERDISTRICT SCHOOLS 1992-93 Capacity 60%-40% Enrollment Capacity 328 810 487 939 60% 40% 60% 40% 170 466 217 493 113 197 131 310 486 324 144 292 195 329 563 376 50%-50% Enrollment Capacity Interdistrict Transfers Intradistrict Transfers 50% 50% 50% 50% 141 388 180 411 Prepared by Office of Desegregation Monitoring August 20, 1993 141 388 180 411 164 405 243 469 164 405 243 469 63 black 278 black 10 white 113 white 6 black 0Interdistrict Schools Enrollment B W T % BIk Baker Crystal Hill Romine Washington 75 307 277 483 208 469 84 339 283 776 361 822 27 40 77 59 ELEMENTARY INTERDISTRICT SCHOOLS 1992-93 Capacity 60%-40% Enrollment Capacity 60% 40% 60% 40% 328 810 487 939 170 113 197 131 466 310 486 324 217 493 144 329 292 563 195 376 50%-50% Enrollment Capacity Interdistrict Transfers Intradistrict Transfers 50% 50% 50% 50% 141 141 164 164 63 black 6 black 388 388 405 405 278 black 0 180 180 243 243 10 white 144 black 59 white 411 411 469 469 113 white 176 black 186 white Prepared by Office of Desegregation Monitoring September 3, 1993 IAUG-23-93 HON 10:36 SUSAN W WRIGHT FAX NO. 5013246576 P. 02 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION c--'rr:o M r- 7 LITTLE ROCK SCHOOL DISTRICT PLAINTIFFS V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL DEFENDANTS KATHERINE KNIGHT, ET AL INTERVENORS MOTION FOR CLARIFICATION OF KING INTERDISTRICT SCHOOL STUDENT ASSIGNMENTS OR, IN THE ALTERNATIVE, MOTION TO ENFORCE AGREEMENT OF PARTIES The Plaintiff, Little Rock School District ("LRSD"), for its motion for clarification of the King Interdistrict School's student assignments or, in the alternative, motion to enforce agreement of the parties, states: 1. The parties herein are operating under court-approved desegregation plans and settlement plans. In particular, the LRSD is operating under a Desegregation Plan dated April 29, 1992. It is also acting under an Interdistrict Desegregation Plan dated April 29, 1992. 2 . The plans make provisions regarding the various types of schools in the several schools districts. Namely, the plans refer to magnet schools, interdistrict schools, elementary area schools and incentive schools. The intent of the plans was for each type of school to serve specified purposes and perhaps, certain patrons.AUG-23-93 MON 10:37 SUSAN W WRIGHT FAX NO, 5013246576 P, 03 3. The plans also contain provisions outlining the recruitment and assignment of students to the various types of schools. For instance, the LRSD Desegregation Plan provides that students will be assigned to area schools by attendance zones. LRSD Desegregation Plan, April 29, 1992, P- 139. As for Interdistrict Schools, the plans provide that such schools shall be populated primarily by black students from LRSD and white students from PCSSD or beyond Pulaski County. Interdistrict Desegregation Plan, April 29, 1992, p. 4, 4. Incentive school assignments are to be made from attendance zones that encompass the neighborhoods around the school. LRSD Desegregation Plan, April 29, 1992, p. 139. By so assigning, those schools designated as incentive schools would be. at first, virtually all-black schools. Accordingly, the parties agreed that incentive schools would be desegregated through a combination of white recruitment into the in phases incentive schools and by designating a number of seats for white students. Interdistrict Desegregation Plan, April 29, 1992, P- In 4 . addition, desegregation transfers may be made where such transfer enhances the desegregation at the incentive school. LRSD Desegregation Plan, April 29, 1992, p. 140. 5. The plans also envision that efforts will be made to recruit white students currently attending private schools either back to or into the area school which serves the attendance zone I where those students live. LRSD Desegregation Plan, April 29, 1992, p. 95. 2AUG-23-93 MON 10:37 SUSAN W WRIGHT FAX NO. 5013246576 P.04 6. Under the Interdistrict Desegregation Plan, the parties agreed that various interdistrict schools would be constructed and/or operated in the LRSD and the PCSSD. In fact, the LRSD I agreed to, and did, construct a new King Interdistrict School to serve students at the beginning of the 1993-94 school year. The parties attempted to locate the school such that it would be attractive to those whites from the PCSSD and outside Pulaski County who work within the governmental and business centers of Little Rock. Interdistrict Desegregation Plan, April 29, 1992, p. 11. 7. The development of interdistrict facilities and programs which would allow for black children in the LRSD and white children in the PCSSD to attend schools in a desegregated environment was one of the primary aims of the parties. However, the development of the interdistrict schools also served as a mechanism through which the parties could receive financial assistance by way of the majority to minority transfer program. It was understood that vigorous and sustained recruitment would be necessary to maximize such transfers. By doing so, funds would be available to continue the operation of the agreed upon interdistrict schools. 8. In recruiting students to attend King Interdistrict School, whites within the LRSD attended meetings and expressed a desire to enroll their children in the school. Based on reasonable infoirmation and belief, less than 60 whit students within the LRSD have been placed on the list to attend King Interdistrict School. 3AUG-23-93 MON 10:38 SUSAN W WRIGHT FAX NO. 5013246576 P. 05 9. Prior to the start of the 93-94 school year, while the fall registration process was being completed, the Interim Superintendent, Mrs. Estelle Matthis, learned of these assignments. The in-coming Superintendent in the LRSD, Dr. Henry Williams, in consultation with the Interim Superintendent was preparing to resolve those questions surrounding these assignments so that parents could be notified prior to the start of school for the 93- 94 school year. 10. Dr. Williams and Mrs. Matthis concluded that there were solutions available to the LRSD such to allow full compliance with the desegregation plans. They also concluded that the necessary corrective action could be taken prior to the opening of schools so that parents could. be advised where their children would be assigned for the 1993-94 school year. See Exhibits No. 1 and No. 2 attached hereto and incorporated herein by reference. 11. Prior to final action being taken by the LRSD, the LRSD received word, through the Office of Desegregation Monitoring (ODM) and its attorneys, that this Court had expressed concern (on 1 Tuesday, August 17, 1993) regarding the possibility that the LRSD would notify some or all of those LRSD whites that they would not be permitted to attend King Interdistrict School for the 1993-94 1 4 I 16, 1993 . 1993. Teachers in the LRSD returned to contract on Monday, August The students are set to return on Monday, August 23,AUG-23-93 MON 10:38 SUSAN W WRIGHT FAX NO. 5013246576 P.06 school year. Being reluctant to permit LRSD whites to attend King interdistrict School because of the uncertainty whether such would be in compliance with the court-approved desegregation plans as well as the spirit and intent of the parties when the plans were developed, the incoming superintendent deemed it most advisable to seek clarification from this Court. 12. In light of the foregoing, the LRSD prepared to request the indulgence of the court and seek clarification regarding several concerns: (a) whether LRSD whites may be permitted to attend King Interdistrict School without violating the court-approved 1 desegregation plans or the spirit and intent of the parties in developing those plans?
(b) If the response to question number 1 i' is in the affirmative, whether those LRSD whites who are allowed to attend King Interdistrict School will be permanently assigned or assigned only for the 1993-94 school year?
(c) Whether LRSD whites. other than those currently on the list to attend King Interdistrict School, will be permitted to attend King Interdistrict School during the 1993-94 school year?
(d) Whether LRSD whites, other than those currently on the list to attend King Interdistrict School, will be permitted to attend King Interdistrict school during the 1994-95 school year and beyond?
(e) 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 whites will be permitted to attend King Interdistrict School?
(f) Whether provisions can be made to overcome the loss of M-to-M transfer 5 IAUG-23-93 MON 10:39 SUSAN W WRIGHT FAX NO. 5013246576 P, 07 moneys to be sustained by LRSD through permitting LRSD white students to occupy seats which could otherwise be filled by PCSSD white students (either this year or in future years)?
and, (g) Whether provisions can be made for the potential expenses to be incurred by the LRSD to provide transportation to the LRSD white students, from scattered areas of the city, to attend King Interdistrict School? 13, The LRSD would be pleased to accept white students from the LRSD into King Interdistrict School as long as such can be done in accordance with the court-approved desegregation plans or any court-approved modification thereto. Because of these numerous concerns raised by the incoming superintendent, it is respectfully submitted that a good-faith basis existed for clarification and direction from this Court. In light of the impending opening of schools, it was critical that this matter be resolved immediately. 14 . Before the request could be made, the parties and representatives from ODM met on Thursday, August 19, 1993, as instructed by the Court. Present at that meeting were
a. b. c. d. e. f. g- h. i. j k. 1. m. Dr. Henry Williams, in-coming LRSD Superintendent Estelle Matthis, interim LRSD Superintendent Sterling Ingram, LRSD Chris Heller, LRSD Attorney Jerry L. Malone, LRSD Attorney John W. Walker, Joshua Intervenors Attorney Joy Springer, Joshua Intervenors Connie Hickman-Tanner, ODM Melissa Guldin, ODM Bill Mooney, Court-Appointed Budget Specialist Bobby Lester, PCSSD Superintendent Billy Bowles, PCSSD Ruth Herts, PCSSD 6 IAUG-23-93 NON 10:39 SUSAN W WRIGHT FAX NO. 5013246576 P, 08 15. During the meeting, concern was expressed that the assignment of some LRSD white students to King Interdistrict School could constitute a violation of the desegregation plans. Notwith- standing, those present were advised that the Court wanted the parties to come to an agreement regarding those students (less than 60) such to allow them to be accommodated at King Interdistrict school for 1993-94 and beyond. The LRSD does not concede that the plan prohibits it from so assigning some LRSD whites to King Interdistrict School. Arguments can be made to the contrary. 16. After much discussion, the parties drafted an agreement (the "Agreement") whereby those LRSD white students, outside the King Interdistrict School Assignment Zone, who had received written notice of assignment, to that school before August 19, 1993, would be allowed to attend the school for 1993-94 and beyond. No other LRSD White students, not within the King assignment zone, would be 'I allowed to attend King Interdistrict School. A true and accurate copy of the Agreement is attached hereto as Exhibit 3" and incorporated herein by reference. 17. As a result of that meeting and the Agreement, those present agreed that the LRSD could proceed under it, even though it would not be fully executed until Friday, August 20, 1993 . The LRSD did so proceed. Further, the LRSD faxed copies of the type- written agreement to all those who had been present as well as to: a. b. c. d. Dr. James Smith, NLRSD Superintendent Steve Jones, NLRSD Attorney Sam Jones, PCSSD Attorney Richard Roachell, Knight Intervenors Attorney 7AUG-23-93 MON 10:40 SUSAN W WRIGHT FAX NO. 5013246576 P. 09 18. At mid-morning on Friday, August 20, 1993, the LRSD received a telephone call from Attorney Walker indicating, among other things, that several other issues would prevent him from being able to sign the Agreement as the parties had contemplated. Recognizing that its dilemma was now even more critical than it had been, the LRSD resolved that judicial clarification was absolutely necessary. The LRSD later received a memo stating the Joshua Intervenors position. A true and accurate copy of that memo as faxed to the LRSD and others is attached hereto as Exhibit "4 and incorporated herein by reference. 19. Based on the foregoing, the LRSD does hereby request guidance and direction from this Court. Wherefore, the Plaintiff, Little Rock School District, prays that this Court enter an order clarifying the issues raised herein, 1 as well as any other related concerns
or, in the alternative, that an order be entered enforcing the agreement of the parties based on 1 the detrimental reliance of the LRSD and that the parties be awarded any and all legal and proper relief to which they may be entitled. FRIDAY, ELDREDGE AND CLARK 2000 First Commercial Building 400 West Capitol Avenue Little Rock, AR 72201 Phone No. (501) 376-2011 I Attorneys for Little Rock School District- Jerry L. Malone Bar I.D. No. 85096 3AUG-23-93 MON 10:40 SUSAN W WRIGHT FAX NO. 5013246576 P. 10 CERTIFICATE OF SERVICE certify that a copy of the foregoing Request for Clarification of King Interdistrict School Student Assignments has been served on the following by depositing a copy of the same in I the United States mail on this 7*^. day of August, 1993: Mr. John 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 7201 Mr. Richard Roachell. First Federal Plaza 401 West Capitol Avenue Suite 504 Little Rock, AR 72201 I Ii f Ms. Ann Brown Heritage West Building, Suite 510 201 East Markham Street Little Rock, AR 72201 Jerry L. Malone LRSD Attorney 9 J AUG-23-93 MON 10:41 SUSAN W WRIGHT FAX NO, 5013246576 P.ll I PARENTS!! COME HEAR ABOUT LRSD' Wednesday, August 11,7 p.m. . 810 West MarkhamStreet ^oard Room t^JicSAiScan elernSS^snSs v School is open school attendance zones and wh^( 'P coun approved School District WhiSsSe^?^Th?^r"^ PuJasfi^Counly arcaalso tav^ Provisional status area also have the option toltteMKn Luther King Jr. school. ]>e^o '2^ nJ 3 I.AUG-23-93 MON 10:41 SUSAN W WRIGHT FAX NO, 5013246576 P. 12 PARENTS! Wednesday, August H, 1 p.m. Litile Rock Administration, Board Room , 810 West Marrams treet Eknjenuiy School is open school ^attendance zones and the court approved SchoolpisSSSav^"?nS/o? the option to Marrin T nri,^, T. area also have Provisional status option to attend Martin Luther idkg Jr schoolAUG-23-93 MON 10:42 SUSAN W WRIGHT FAX NO. 5013246576 P. 13 agreement I The parties met on Thursday, August 19, 1993, pursuant to the instructions of the Court, to discuss initial enrollment at Martin Luther King Interdistrict Magnet* Elementary School ("MLK") for 1993-94 school year. 1 I i J The parties are in substantial disagreement about certain matters which relate to the plan and the manner in which assignments would be made under the plan to MLK. Joshua Intervenors strongly oppose the placement, assignment or enrollment of LRSD white students, who live outside the Martin Luther King Interdistrict School assignment The PCSSD is also concerned about future zone, to MLK. year's effect of LRSD white Students being assigned, enrolled or allowed to attend Martin Luther King Interdistrict Magnet* School. All parties are mindful of the admonitions of the Court regarding school district/parent cooperation and integrity as well as the other needs for both desegregation and certainty about school opening for this year at Martin Luther King Interdistrict Magnet* School. Based on these concerns and considerations, and the I encouragement of Court, the parties have agreed that for the I993- 94 school term only, LRSD white students, who have received written I .1 assignment notices to MLK from the LRSD as of the date of this agreement, shall be allowed to attend or be enrolled or assigned to MLK. Once assigned to MLK, those children shall be afforded all the rights and privileges of other students who are being assigned Exhibit 3"AUG-23-93 MON 10:42 SUSAN W WRIGHT FAX NO. 5013246576 P. 14 ! Page 2 1 to the Martin Luther King Interdistrict Magnet* School (i.e,, including continued enrollment). However, there shall be no sibling preference available to these students so assigned. No other LRSD white students may be assigned to MLK. The parties will seek Court approval of this Agreement. DATED THIS day of 1993. John W. Walker, Joshua Intervenors Attorney Bobby Lester PCSSD Superintendent' Dr. Henry williams LRSD Superintendent J 1 James Smith NLRSD Superintendent Richard Roachell Knight Intervenors Attorney I ! I *ProvisionalAUG-23-93 HON 10:43 SUSAN M WRIGHT FAX NO. 5013246576 P. 15 MSMORANDOM TO
Mr. Jerry Malone Mr, Billy Bowie: Ms. Ann Brcwn FROM
John w. Walker RE: King Interdistrict Magnet Elementary School DATE
August 20, 1993 This is to advise that Joshua has not signed the Stipulation upon which we agreed upon in principle yesterday at the Little Rock School Board offices. This is because information that we have received causes us to conclude that a larger number of pupils are being assigned to King fron outside the Xing attendance zone than Most of these youngsters are from other the number we were given, incentive school areas. We cannot be parties to assignment practices which allow decline in emphasis and attendance at the incentive schools nor can we support practices which distort the double funding requirement and desegregation requirement of the plan. "For these basic reasons, as Joshua counsel, I am withholding endorsement of the stipulation and putting LRSD on notice that_we will not agree to the Court's suggestion that we let LRSD white pupils be assigned to King under the circumstances. I I // J I i 1 J 1 1Little Rock School District August 26, 1993 RECEIVED AUG 2 6 1993 Mrs. Ann Brown Federal Monitor Office of Desegregation Monitoring 201 East Markham Street, Suite 510 Little Rock, AR 72201 Office cf Desegregation IV
iGi inng Dear Mrs. Brown: Provided is the additional information that addresses Items 15 and 16 in your request for information dated August 16, 1993, regarding King recruitment and assignment. Item 15 - Please see enclosed charts Item 16 - The LRSD will adhere to the criteria established by the parties in the Interdistrict Desegregation Plan, April 29, 1992, as well as the latest filing to the Court, No. LR-C-82-866, Item 16, dated August 20, 1993. The District will finalize its criteria for placement of students in the Martin Luther King Interdistrict Elementary Magnet* School as soon as additional clarification is provided by the Court. See August 20, 1993, filing. Conferences were held with recruitment staff on August 13, 1993, and they have been directed to use the language in the interdistrict plan when recruiting students to the new King School. Staff activities are being closely supervised by appropriate administrator. Your assistance to and patience with the District in this sensitive matter are appreciated. Please contact me if additional clarification is needed
Sincerely, Estelle Matthis Interim Superintendent EM/lks * Provisional 810 West Markham street Little Rock, Arkansas 72201 (501)824-2000 PERSON(S) RESPONSIBLE SCHOOL/DEPARTMENT DATE May 17, 1993 May 18, 1993 June 7, 1993 July 22, 1993 August 11, 1993 LITTLE ROCK SCHOOL DISTRICT KING INTERDISTRICT ELEMENTARY MAGNET SCHOOL RECRUITMENT ACTIVITIES/MEETINGS Assoc. Supt. Marie Parker
Recruiters Cole and Rather Desegregation SITE Oak Grove Elementary Sylvan Hills LRSD Board Room LRSD Board Room LRSD Board Room NO. ATTENDING 0 Parents 3 Parents 44 53 32+ HOME DISTRICT OF ATTENDEES PCSSD PCSSD PCSSD Parents and Counselors PCSSD PCSSD and Western LRSD Patrons RECEIVED AUG 2 6 1993 Offisa of Qesegrsgation Monilonng HOME SCHOOL OF ATTENDEES See attached sign-in sheet See attached sign-in sheet See attached sign-in sheet See attached sign-in sheetVi ! J (' <S
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sii.^ W/^ I '. -^!czd3/i '7' Z- - c '^YA-coAC'^Z-C- ^A)~- St (Zi ^yCS/At I 4$ __.6SF Ic.! 4/i_ il 'iA. i L____97^^. /d>c :al?c2< I I TT il iiPERSON(S) RESPONSIBLE SCHOOL/DEPARTMENT DATE March 30 April 1 May 17 May 18 June 7 July 30 August 4 August 6 August 11 August 17 August 18 LITTLE ROCK SCHOOL DISTRICT KING INTERDISTRICT ELEMENTARY MAGNET SCHOOL RECRUITMENT ACTIVITIES/MEETINGS LRSD Desegregation Office. PCSSD, and Sadie Mitchell SITE Presbyterian Church Ish Oak Grove Sherwood Elementary LRSD Board Room Ark. Children's Hospital LRSD Board Room Ark. Children's Hospital Child Development LRSD Board Room Crystal Hill Elementary King School tours NO. ATTENDING 12 84 0 9 15 60 12 8 48 127 57 HOME DISTRICT OF ATTENDEES LRSD LRSD PCSSD PCSSD PCSSD Potential PCSSD and Private School Parents Potential PCSSD and Private School Parents Potential PCSSD and Private School Parents PCSSD PCSSD PCSSD HOME SCHOOL OF ATTENDEES Ish Elementary Ish Elementary Oak Grove Elementary Sherwood Elementary Various PCSSD schools Various PCSSD schools Crystal Hill, Pine Forest, Oak Grove Crystal Hill, Pine Forest, Oak GrovePERSON(S) RESPONSIBLE SCHOOL/DEPARTMENT DATE July 25, 1993 Ad 11 II II fl 11 II II II II LITTLE ROCK SCHOOL DISTRICT KING INTERDISTRICT ELEMENTARY MAGNET SCHOOL RECRUITMENT ACTIVITIES/MEETINGS MRC/LRSD Collaborative Effort SITE Arkansas Democrat/Gazette Jacksonville Patriot Sherwood version of Patriot North Pulaski Leader Little Rock Free Press Maumelle Monitor North Little Rock Times The Free Bee Flyers - Kiehl Avenue and Jacksonville area Examples: Pizza for Less, Petty's Discount Drugs, Harvest Foods NO, ATTENDING N/A 2 days per week - continuing basis 2 days per week - continuing basis Wednesday - continuing basis Two times One day per week - continuing basis One day per week - continuing basis One day per week - continuing basis HOME DISTRICT OF ATTENDEES N/A HOME SCHOOL OF ATTENDEES N/A N/A N/A N/A N/A N/A N/A N/A N/A N/ALITTLE ROCK SCHOOL DISTRICT KING INTERDISTRICT ELEMENTARY MAGNET SCHOOL RECRUITMENT ACTIVITIES/MEETINGS PERSON(S) RESPONSIBLE Jeanette Wagner, Director of Communications S CHOO L/DEPARTMENT Communications - LRSD DATE SITE NO. ATTENDING HOME DISTRICT OF ATTENDEES HOME SCHOOL OF ATTENDEES March 1 Letter from Supt. Bernd to PCSSD - theme survey N/A N/A N/A March 10 News release - delayed assignment March 20 Recruitment Plan written March 30 Production of community meeting fliers April 1 April 2 April 12 - July 1 May 17 May 18 May 28 May 29 June 6 It ,1 It I, Promotion on weekly- broadcast KARN Production of community meeting fliers II Planning session with PCSSD at ODM Planning session for marketing meeting planned for June 7 Production of Fact Sheet K June 7 Marketing meeting with PCSSD parentsJune 7 Production of survey for meeting June 7 Preparation of survey report June 15 Feature on Channel 4 on King Elementary June 16 Meeting w/PCSSD to formulate timeline June 27 News release for public meeting June 29 July 16 News release news conference July 20 July 20 Press conference to highlight theme (covered by three TV stations and Democrat-Gazette) July 15 August 10 Placement of registration ad August 13 News release for August 17 meeting Currently in production - temporary King recruitment brochureRitcavi /62Wa8At' - iUG 3 0 '993 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION 1 Office ci Qo^OppQf iior X IAS LITTLE ROCK SCHOOL DISTRICT, AVG 27-{995 vs . Plalntiff, I ^ftBflENTS/ctERK NO. 82-CV-866 .Cti f PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Defendant. June 8, 1993 Little Rock, Arkansas 9:05 A.M. *a ic. Oi I .ifI3 HEARING 2 2 BEFORE THE HONORABLE SUSAN WEBBER WRIGHT, UNITED STATES DISTRICT JUDGE, as follows
APPEARANCES
On Behalf of the Plaintiff
CHRISTOPHER J. HELLER FRED S. URSERY Friday, Eldredge & Clark,. 2000 First Commercial Building Little Rock, Arkansas On Behalf of the Defendant
72201 M. SAMUEL JONES, III Wright, Lindsey and Jennings 2200 Worthen Bank Building Little Rock, Arkansas 72201 On Behalf of the North Little Rock School District
STEPHEN W. JONES. Ill Jack, Lyon & Jones 3400 TCBY Tower Little Rock, Arkansas 72201-3401 Proceedings reported by machine st.. Transcript prepared by notereading. stenography j ( Pages 1 250 ) LOIS M. LAMBERT,^CCR 1 any / hic^rnu.e.1 Ur any or the zone blocks, Mr. walker, at all. 56 1 just left 2 them as they were. Q 3 Do you know where those kb youngsters who are not there now 4 are are attending schools No. A 5 I don't know where they're actually attending school. Q 6 Now, you would acknowledge that the way King is being 7 started, at least for the Little Rock school District, you only U have seven white children tn the zone that you you've drawn. y isn t it true 10 11 Yes , sir. that i sn t it true that tr you O' gone across A Q 1 r 1^ it you'd gone in a dirferent route, you would have been 13 able to have pulled more white youngsters into the King zone? you ' d 14 You could have, in other words, drawn the King let's look at 15 11 agai n. 16 And you could have drawn the King zone here by going north 17 16 ly and west. You could have attracted -- you could have brought more white youngsters into the K-1 ng zone, couldn't you'? And i t you had especial ly, it you had gone as tar to the south as 20 you went In order to get King to get Ish students, it you had > 21 22 23 24 25 used the same standard In going north and west, you could have brought more white youngsters Into that zone? It'S true, but you also would have eliminated the Woodrurt and maybe even the Pulaski Heights attendant zones If you had done that. A a B1 Q by But you also could have used the satellite concept to get 2 more white youngsters 1n, couldn't you, without going to J Woodru rri 4 A there are not enough whites In that area now tor those b three schools, Mr. walker, but your answer 1s yes. b W well. listen to my question. It youre going to have a / satellite zone tor* white youngsters 1 mean, tor black U youngsters, then that same concept which 1s good, enough tor 9 black youngsters is good enough tor white youngsters, too, I 10 11 12 11 { A Yes. sir. Q All right. Now, you have used a tigure ot maybe two miles 1 s 13 from the King site tor assignment purposes, haven't you? 14 15 lb IZ 18 19 2U get Yes, sir. You can jump over a number ot areas and go turther west and by using the two-mile figure, especially if you're going to use transportation, to get some ot the youngsters from around Jetterson to come into king. Isn't that correct? Mr. Walker, 1 thought that an Interdistrict school's only purpose -- not only purpose, but main purpose was to provide a A Q A - 21 2'2 school where the majority of the population in the district would be assigned there and we would draw from outside the 3 5- L 23 distrlCt 24 Q Well, X understood, but X' 25 A for the whites. It i ' t- 0-3 h'^GU- i ?c.f|cer gvcjAt'oneAt. Cot^-i 2 i. J 4 b b 7 8 y lU li 12 V 1 19 20 21 24 2b 14 lb these copies. p I an Ms. ki'n^ 1 /z Parker, could you tel I the Court whether you to hold seats for white students in the event your recruitment e rfort towards the Pulaski county white students and ! lu Little Kock white students are they will be I IHt WllNtSb: County regarding not as successfu1 as you now hope we how long have had a discussion the expectations hold those seats, and at this time. date, a wou 22 final data. to Id hold those seats. THE COUR I s I he WllNESSt consideration to that. 1 HE COUHI> suggesting with Pulaski wouId be for us to we have not arrived at a and a cutoff date as to how long we 1 Ihat is still under discussion. I hank you. But we have asked them to give some i take it by your answer you're ni Ei to the Court indefinitely or that these seats will not be held from one year to the next? IHE wllNESSi I HE COURII Ihat is correct. they w I I I- be filled even If the school 1 1 out of balance racial Iy? IHE WlTNESSi the seats, we were students and the for the seat. be inter f rom No. No, we have no. In terms of looking at the the number of white when we were It had to do looking at the consideration with white students that should be -- should they be the Little Hock School District. that might would Interested in going So, we're not talking 1 about tilting those seats with black students. LI J 2- s IJ li J 4 5 6 1 8 y iU li i2 13 14 15 16 1/ 16 19 au 11 me line. 21 22 23 1 HE GUUHI ! is 11 i haven't had a chance to look at this substantively the same IHE WilNESS: IHE CUUH1s IHE WilNESS: differently because as cou Id be roll owed eas i was placed we we Yes, It is. it'S Just In Yes, 24 25 as the different form? it is. if the Its formatted r J R. a part of our discussion so that it be ( e r easier and be tracked easier, and it i placed It in the format of a time could begin determining who was set out costs f rom there . 11 ne so 111 at respons t b te, how to begin to and begin working from there "to set up our plans IHE GOUHlt Have you targeted yet these waiting lists $ for magnet schools? the WITNESS: rhe staff has pulled those -- those the waiting Hst. They have those waiting lists. and they have begun -- they have begun to try to work those. Yes, we are targeting those waiting lists. the GOUK1: You say you re beginning to work those? IHE WllNESSi that'S a part yes. I hat 3 a part of what they've already begun to do. IHE GUUHT : Little Hock And have you had any success rec ru111 ng Intradistrict white students? (HE WilNESS: did not come off Yes . AS as i understand 1t, and i t before i left, they were pulling a printout 4^ I >1 Tj /I I X 2 J 4 5 6 } 8 iU define because 13 r. ? ' i S-.'i for 14 Little prIntou t when we lb 16 1/ la 19 20 21 22 23 because we did take 1/4 tentative registration I { Rock whites and the printout -- they d1d not have the when i left. but they were pulling that Inrormatlon. 1 HE LOUR I I IHL WilNhSSi take a Lan you give us Not to a rIgure at all.' __ not at this break, i probably 1 HE LUUKI : IHE WllNESS! 1 HE euUH f IHE WilNESSi THE COURT I registered now 24 2b couIU. for how many Because __ intradistrict I h a t s How many tor king.' the witness* regi stered moment. if rJ G. f. white students -- what i'm talking about. Interdistrict whites i do not have a through the Pulaski I HE COURT * 1 might ask your m1nute. or not numbe r. do we have 1 hey Lounty special School District. And do you believe 1 guess, Mr. Jones. IHE witness when we MH. SAM JUNES* 1 he lour 1 1 you someth I ng confusi on have a chance. 1 could go well, you. don do not need to (HE WllNESSs (HE COURT* the witness* that has for me 1 ahead and find out. t need to right this ask immediately. 1 don't know If itS appropri ate I All right. but 1 bothered me would like to and has been a there's matter ofI I Ht CUUHl : iHt WilNtSSs Yes. t n terms of recrui tment, and It has 4K. S i- .5., # X ] *' 8 to do with recruitment of whites District. i know the ultimate re s ponsi bi Ii ty of sometimes regard i ng when rrom the Pulaski County School VI responsibility is both districts, when i'm recrui tment, the but my question asked questions become s such as i am especially recruitment wi.thin PU I dSi i 4^ li A I'T 11 'il2 13 - 14 > Hg-i- S'? f? i s' v 15 lb 17 la 19 county . what is the Little Kock school Districts ro I e 11 20 21 promoting kids from And I'm just ^2 23 Pulaski County to come ,to "* to Little Hock. not clear on that because 1 get confused and who i s responsible for what and, you students . know, primarily. the private schooIs 24 know, we with work co I to how have we work to attracted those -- to pull students from and whites, and 1 also intra to get our collaboratively laboratively with work with those to me in terms students. that we know we are working white students from here and I know we It was my the Pulaski students, of the IHt COUHI ! belief that we county School but my question ultimate re well. will certainly try obligations under work Ui strict to try what's not clear sponsibillty for those i m glad you to po I nt out the Plan, the stated that. 1 think to both direct language districts their of the Plan that I 1 i rJ c. f. i /b Is X 2 IS t- I$ 4 b b / 8 a 10 the 11 districts agreed to as early, rigorous pl go rou s been you r and 1 12 14 lb lb 1/ to the King School. rhe language i s sustained recruitment efforts. and sustained. And 1 regret that you, ru I Iy aware or the c as a person own obIigat ions ob I i gat ions. district who con IB 19 Early, 111 charge. have not Ilommi tments o r the Plan and perhaps o r or have been con rused about your own i m SU re that you has not been aware a re not the or them or fused about them, but that is And I we' ve Plan, 21 22 only person has been what the dis think It s pretty had so far today that. as the district has been don t know whether 23 in your o the rwi se istrict promised. clear from l^he evidence that In many otirer areas behind in its 1 should say or this obIi gallons. the district And 1 1 can't say you've refused to do it. i don't know that ifs refusal . I 24 think it's Perhaps, a a lack of coordination. a lack of planning ahead. 25 lack of leadership and c administrators and from heari ng have and a lack of counse I . But its pretty that the not done oord Inat i on di recti on clear to me district has not so many And these matters other than have among the from the board members 1 n the course recru1 ted as other things that you concern heari ngs and prod you to go 1 know me greatly. and tell you a I ong that and Of this promi sed, as you have promised 1 don't know to do. what to do what I think you do right under with respect to the Plan. the Stephens should do Schoo I , the 4 1 court requlred you to have a 1 ! I strategic plan with time lines. I signed an order last year. 1 think, requiring that with respect i to Stephens. 4 And it Is certainly or concern to me that the district 5 has not pulled together before now -- the attendance zones has b not pulled together before now. a theme. You still don't know iR / how many students you might get from the county. I b Uo you know how many seats for white students. Little I I iU 11 12 13 14 lb 16 Hock white students, you've reserved? tor Little Hock white students. I Ht WllNfcSb: IHt CUUHl: or We ve Have you reserved seats not sped f i ca I I y ? no t speci f ica1 Iy, no. You're Just glad to get anyone you can get as long as that person comes from a school that would permit the transfer iHt WliNtSSi THE COUHl1 that is correct. 1 take it? Have you targeted any y S 1/ particular schools that are predominantly white or :T. 18 IHE WITNESS. have.looked at those schools, yes. 19 We know schools where whe re where the fami 1ies have not 20 been able to get into the attendance zone schools, and we have 21 looked specifically at those schools. liw? * * 22 i HE CUUHi All ri ght. Well, let's do take a break. 2 3 and 1 am going to ask. Ms. Parker, that you call your office and 24 see if you can t get those figures on how many white students 2b you do have from the district1 2 3 4 5 o / H y 10 11 12 13 14 15 lb 17 Ibi numbers, Court's exhibit numbers. (Gourt's and receIved in Id 19 20 21 exhibit Nos. 133, evidence.) 1Hfc COUH1X Now, Ms. 134 and ijb were offered Parker, do you have any information concerning the number of have been recruited. 22 white students who. Intradistrict first? (Ht WilNtSSt iHt COUKrs recruited. County, IHt WllNtSS! I Ht COUK I : I'Ht WiINfcSSi IHt COUHVt IHt WllNtSSx iHt COUHIj Yes, i do. All ri gh t. THt wllNtSSj IHt COURft 1 have there are 19 who have been A I 1 ri gh t. Ihat have 19 wh i te- s tudents actually signed up. -- have signed up intradi strict'? ihat is correct. these are from 23 24 a SO far, } i other Little' Kock schools? That is correct. How many are students from PuIaski or do you know? IHt WirNtSSx 1 do not know. IHE COURT> IHE WilMtSSj IHE COURT 1 MR. WALKER: back of the room, MH. 1 You do not know? They did not A I I right. have that number. Thank you. Your Honor, 1 have someone think It was ur. SAM JONtSi Huw les. Yeah, 1 thought here at the said It was eight. that had been given K liasa era? '5C ,IN THE UNITED STATES DISTRICT COURT AUG 3 EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION Otfice of D ssegreaaiicr. :Vh inng ^0f993 X LITTLE ROCK SCHOOL DISTRICT t clerk Plaintiff, V s. NO. a2-CV-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT . June 9, 1993 Little Rock, Arkansas 9:40 A.M. t ) -1 Defendant. HEARINC BEFORE THE HONORABLE SUSAN WEBBER WRIGHT, UNITED STATES DISTRICT JUDGE, as follows: APPEARANCES) On Behalf of the Plaintiff: CHRISTOPHER J. HELLER FRED S. URSERY Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas On Behalf of the Defendant:. 72201 M. SAMUEL JONES, III Wright, Lindsey and Jennings 2200 Worthen Bank Building Little Rock, Arkansas 72201 On Behalf of the North Little Rock School District: STEPHEN W. JONES Jack, Lyon & Jones 3400 TCBY Tower Little Rock, Arkansas 72^ 1-3401 X Proceedings reported by machine Stenography
Transcript prepared by notereading. ( Pages 1 209 ) I Un i OIS M. LAMBERT. CCR d States Court Reporter22 1 Is my recollection correct to your knowledge? 2 A Io my knowledge. I know they have.one. 1 don t I I J know about two. f Okay . Have -- Just out ot curiosity, have you -- have they been involved in any of these meetings or this process to you r understandi ng? Yes. Okay. Do you know, and perhaps 1 should ask the Little Hock witness, if these two Little Rock recruiters have been given any specific responsibility so far as recruiting white PCSSD students Is concerned? I don't know if theyve given -- been given specific responsl bi 1111es. I know that they have made contact with Dr. ,4 Herts and myself and and made themselves ava'i table to work with us. 1 don't - I don't know what - you know, exactly 4 5 b 1 8 9 *^10 ^^11 [12 3 5 Q A Q A 1 .6 a what they were told specifically to do. 7 Generally, theyre -- theywe'been told to work with us in Sa [18 any way that they can to -- to recruit. they're working more 20 2X closely with Dr. Herts than All right, sir. MR. SAM JONESt than with me. Your Honor, I have In my hand I 0 ^2 dont think its part of the Little Rock packet, a memorandum to 3 4 Mr. Bowles from Ms. Parker dated May 13 of this year regarding 'ecrul t1 ng . in tact, since we apparently have an original. I f i couId briefly 1n inform the record whats In here? . t10 11 12 13 14 23 She notes that the county's responsible for arranging parent and patron forums, that once the parents and patrons there. Little Hock is responsible for marketing the program. a re that Little Rock Is responsible for getting the fliers to the county. fliers. The county is responsible for the distribution of the She notes appropriately that Little Rock cannot market a program if there are no parents or patrons. And then 1t makes a reference to the McCain Mall booth that Mr. Bowles has already de sc ri bed . it concludes on something i don't know that the Court wants to get into at all in this hearing, btit It broaches the subject of the prospect of releasing seats in the future to LRSD white students if they're not all filled by county students in the first year. 1 2 3 4 5 6 7 a y 15 If I could hand this back to Hr. Bowles? 15 17 wou 1 d THE COURT: I am more interested 1n whether seats I mean, my questions yesterday to Ms. Parker with 18 respect to releasing seats went Xo releasing county seats, but I 19 was concerned about releasing them to Little Rock black 20 student s . 21 In response to my question, I thought she was saying 22 that they would be released to county black students. even 23 though that would be in violation perhaps of the racial balance ~I 24 requI remen t s . Maybe 1 was wrong In understanding that. Maybe 25 that's not what she meant.1 24 I was concerned about doing what might have happened 2 3 i n the incentive schools. In other words, putting the seats that were reserved tor whites. rilling them with black children to 12 and thereby eliminating the possibility or moving whites Into those seats later. 1 know you, as the county's attorney, would be interested in the M-to-M money that you would receive by sending white students from your district into Little Hock. I am concerned with the interdistrict transfers, but I'm also very interested in just the racial balance, period, of King. But to fulfill the requirements o-f the Plan, the idea is to bring primarily white students from your district. 'J 13 MR. SAM JONES: Let me ex let me explore that a 14 moment with Mr. Bowles. 15 BY MR. SAM JONES: lb Let's go back a ways, Mr. Bowles, and then come forward to 17 the issue of whether or not it would be wise to release seats at IB this school to Little Rock blacks. 19 Were you around in 1984 when Mr. Reville first started 20 explaining to us about how you approach the issue of recruiting 21 for magnet schools? 4 5 b 7 a 9 11 Q 22 A Yes . I 23 Can you remember what he what his advice was to us when Q J 24 problems were encountered early in recruiting students the first 25 year or two?25 10 Well, he had so much good advice. One or the one thing 1 rec a 1 1 from Mr. told us that sai d that Revllle is that in meeting with us, he he was -- he was very upbeat and positive. he He X can just use an example of a situation he used he told us about in Butralo. He said that at one of the interdis innercity schools at Buffalo, they -- they set it up as a magnet school and the first year, they had two whites to come to that school, and he said two years later, it was 5O-5U. So, he always told us that, you know. 1 t couId happen. 1 2 J 4 5 6 7 8 a 11 A Just as long as you have a good program, as- long as you were 12 telling parents that their children were safe and you were 13 telling them that they were going to get a good quality 14 15 desegregated education, that it could be done. ' I 1 recaI I that. 1 don't know If that's what you -- 16 Q Well, you recall It being also given in the form of a 17 prediction of what we could experience in the figure from time 18 to time on particular schools? 1 19 20 21 22 23 24 Yas, yes. It was the Information at least that And do you recall him the question being put he was to him, "If you have such miserable experience In the first year, do you give up and close that school, or do you keep working on It? Well, my recol lection of Mr. Revilla Is he never gave up. so he he sort of Insti I led that in us that It can be done. A Q A 25 He was he was just that positive. So, what he Instilled in10 2b US was that you didn't give up. Okay. Bring us forward to the Issue the court has broached understanding the context you've just said. WouId It be your advice that seats presently designated for county white least for the foreseeable future, be reserved for county whit for future recruitment rather than being filled by black students i Well, there's first of all, 1 obv ious1y, -- there's two schools of thought on that. 1f we did give them up. it would have to be only to white students, but at iu, 1 2 J 4 5 b I 8 a 11 0 A 1 f 1 f s , at the same time, you need to reserve some seats for those students 12 who may chose to come at a later date, sort of like the 13 prediction of Mr. Reville, they'll come. It may not be day one, 14 but If the -- the program Is there and parents 'become 15 Interested, they'll come. So, obviously. It would be wise also 16 to have some seats available when they're ready to come. 1'/ So, Ms. Parker and I discussed this, but we never came to a J 18 19 20 21 22 23 24 a conclusion on It. It was Just some we -- we didn't decide anything. some discussion and There was a concern that she did express to me that if we chose to go the route, and we didn't, of giving up the seats that weren't filled, that they would be filled by whites, not blacks. In the Little Rock School District. MR. SAM JONbSi And, your Honor, my recollection of 25 It is hazy as to how well It worked, and I know Mr. Steve Jonesi 2/ is an ardent student of its history, but Judge Woods did enter 2 an order on this issue in regard to Little Rock magnet schools J 4 like 1n June or July or 1987, for whatever that may be worth. i 10 simply mention that to the Court because this testimony prompted me to reca 11 it. FHE COUHTs Well, 1 want to clarify my remarks. am, of course, interested in racial balance at King. states, however, rhe Plan that king will be populated primarily by Little Rock black students and county white students. And so, to fulfill the goals of the Plan, the 5 6 7 8 9 1 11 1 nterdi strict goals of the Plan, the court >s very Interested in 12 getting the white students out of the county and into king. I I 13 I might also add that some of the schools you have 14 targeted for recruitment like Arnold Drive and 'Sylvan Hills have 15 been either out of compliance or close to out of compliance, and 16 so, we can fulfill that goal, too, if we can get those students into king. IS 19 THE WITNESS: Uh-huh.. THE COURT: That will help your racial balance under 17 20 your plan, the county's plan. And so, I think that if we all 1 21 work together to get this recruitment underway, that certainly a 22 number of Plan objectives can be fulfilled. 23 My concern is whether the recruitment has been early, 24 sustained and continuous, and 1 want to make sure tfiat it 25 sustaIned. Are those the words, "early, sustained and10 MS. BROWN: THE WITNESS: THE COURT: 23 Early, sustained and vigorous. Early, sustained and vigorous. V1gorou s. V1 go rou s , yes. Sustained and continuous are synonyms. V1gorou s . MS. BROWN: THE WITNESS
THE COURT: THE WITNESS: THE COURT: Okay. Yes. early, sustained and Early, rigorous and sustained. Early, rigorous and sustained. Rigorous and sustained Yes, ma'am. in the Plan. But that's what I'm 1 2 3 4 5 6 7 8 9 11 concerned about and I know that I was very .skeptical about 12 Crystal Hill because I didnt think you-al1 had planned it well. i 13 14 15 and lo and behold, it worked. THE WITNESS: THE COURT: You got out there and It will. And white people are on waiting lists 16 trying to get In, as I understand it, the people In that area. 17 18 19 20 21 22 THE WITNESS: THE COURT: Yes, ma'am. So, that's wonderful. And let's do the same thing for King If we THE WITNESS: MR. SAM JONES: to separate two issues. We will. That's good news. can. And just so I can explain. I'm trying I I think the Court's concern, potential 23 criticism about -- about recruiting is one issue. 1 24 25 THE COURT: All right. MR. SAM JONES: On the other hand, I think it's10 11 12 29 important that the public not perceive King to be some kind ot failure if it doesn't attract a lot of white students In year i think its important ror the public to understand that in other school districts around the county, more often than not, these schools attract only a few people of the targeted race in the first year, people 1 rarer to as the pioneers, and if they have a good experience, generally, by year two. everything's going well. BY MR. SAM JONES: To get at something else the court has broached, Mr. Bowles, the Court quoted accurately from th.e Plan that the white students would be primarily from the Pulaski District. I wan t 1 2 J 4 5 6 7 8 9 13 one. Q to go back to something that was broached yesterday, and that 14 15 was the recruitment efforts involved with places such as believe these were mentioned - Children's Hospital, the Capitol 1 16 complex, the medical center, the VA complex and institutions 17 similar to that. 18 Does that involve not only white - potent i al white students from Little Rock and the county but also white students 20 from outside these three school districts? 21 22 Yes, that's correct. Ms. Parker r- excuse me. Ms. Parker and I have discussed that, and she I think A X I don't 23 know if it's in the plan that was submitted on yesterday, but n 24 she has said to me that that was one of the areas that they were 25 going to saturate and and do some heavy recruiting In because1- 30 the parents are coming in from so many places and the school is 2 wary accessible to those people who work In those areas around 3 there, such as the ones you named. 4 Q And I've forgotten. Is this school to have arter-school 5 care? A ti It's my understanding that it is. it wasn't on the sheets or tact sheets or or the tiler. IHE COUHI! 1 want to clarity that. i don't think 7 8 y that Mr. Bowles is the person to clarity that with. Pe rhaps 10 11 12 13 someone from the Little Hock School district HR. SAM JONES: IHE COURT: I could ask for stipulation. But may I ask tor that? The Plan does say, In addition to being an interdistrict school. an 14 attraction for King will be an early childhood 'program and 15 childcare facility," and that's in the Plan. 16 MR. WALKER: Your Honor, childcare facilities. 17 though, does not permit the district which uses technical 18 reliance upon language to use those facilities. I think that 19 -- 1 think that it's appropriate that there be a use requirement 20 added to it. 21 22 23 THE COURT: MH. WALKER: THE COURT: All right. We I I well, I think It's implied. I mean, I understand, Mr. walker, what 24 you're saying, but the facilities that are used as childcare 25 facilities, not Just physical space for It.10 11 196 and gave the parties a chance to work it out on their own. And so. this is your chance to work it out on your and 1t doesn ' t work. then we go Pack to - 1 don t know wtiat, mandatory assiynnients might be one thing. is certainly another thing tfiat could constitutionally mandated ir it doesn And i don't think anyone that. We want encourage both to recruit and uonsoI 1 da t i on conceivably be t WO rk. this room wants any ol the Plan to work, and that's one reason 1 the county district and the Little Kock Uistrict recruit tor King just as much as you can. WK. SI'EPHhN JONES: Your Honor, 1 don't want to 1 2 J 4 b 6 I b a 12 Own , i r i n borrow trouble tor problems that may not occur, but with respect I '____I 13 to consolidation, 1 I have a client that X think would 14 would be take umbrage with my being silent. - 15 16 1/ It would be justify consolidation segregated acts taken the position of North Little' Rock that to there would have to be interdistrict by North Little Kock subsequent to the lb settlement agreement to justify consolidation. 19 20 21 22 23 IHE dUUKI: MK. WALKEKs things are developing. 1 HE CUURt : Welt, you might be right. that's not going to be too hard the way Im not saying anything. I'm just telling you that if these things don't work let's all assume 24 that they're going to work and let's all work toward that. 1 25 don't want to think about making (i^an incentive school or1 L V ! cun SU I i dd t i on ur niandatury busing or any or tliat. I a J 4 b Lei. s jusL work licirti ttv recruit t(ie wn i te students r I'oni Llie county and the black students rrom the district for this school. and some white students as well from the Little Hock School district tor King and make it successruI schooI, a a fa high quality school that we all want. 7 Now , tills order will be reduced to writing at some 8 point, and what Im suggesting to you now is that what I write 9 and sign is what counts, ir there's been some ambiguity today. 10 11 So, what I write and sign is what counts. today so you can act on it. I'm telling you this You understand.that. 12 I'm doing it to be nice, not so you can later come I _J 13 back and say, "But you said I'm doing it now to be 14 courteous to you and considerate of you in your situation 15 because you need a decision right away. 16 Mr. Heller? 17 MN. HELLER. Your Honor, 1 just want to be clear as 18 we begin surveying students that the district is free and 19 expected to survey all three groups of students that you've 20 ment i oned 21 IHE COURT! Yes . 22 MR. HELLER: through your order. 23 THE COUR 1'1 Yes . 24 MR. HELLER: And so, those students wouldn't 25 necessarily be offered the option to attend King or the choice1 198 between King and ish? a J I HE COUR I : That's correct. That 1s absolute 1y correct. And this WQU I d include those students who Yes . now, 1 4 believe Llial Ms. Parker told us that the students who live 5 outside the ish zone but who currently attend ish will be 6 allowed to go back to their own attendance zone school. I Now , that was what she testified to. 8 what you're suggesting Is that as to that group, you 9 would also give them the opportunity to go to King.' iO il la MR. HELLER: THE COURT: Yes, your Honor. Was that her testimony? MH. STEPHEN JONES: No. i believe you properly I i J _J characterized Mrs. Parker's testimony. 14 MH. WALKER: Why why couldn t tho^e youngsters. 15 your Honor, continue to go to King, especially if they have been 16 with children for two or three years? 17 18 19 ao 21 aa a3 24 25 tHE COURT: MH. WALKER: IHE COURT: Uh That's part of their Job. -- Im about to say fine. think any of us are In disagreement. Yes, X don't i Just wanted to make sure that X remembered Ms. Parker's testimony. You see, I'm requiring you to survey those youngsters. too, those people who attend Ish but who do not live in the zone. Those people, you weren't going to include In the 100. MR. HELLER: Right.I RECaVED ./ A 6 A: ! lUG 3 0 1993 Olfics ci iiO!: iOritOfing I i i IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION X I Ms LITTLE ROCK SCHOOL DISTRICT, Plaintiff, vs. : : AiJG NO. 82-CV-366 *.Cti PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Defendant, : : : HEARING June 8, 1993 Little Rock, Arkansas 9:05 A.M. BEFORE THE HONORABLE SUSAN WEBBER WRIGHT, UNITED STATES DISTRICT JUDGE, as follows: APPEARANCES: On Behalf of the Plaintiff: CHRISTOPHER J. HELLER FRED S. URSERY Friday, Eldredge & Clark. 2000 First Commercial Buildl Little Rock, Arkansas On Behalf of the Defendant:' 72201 ng M. SAMUEL JONES, III Wright, Lindsey and Jennings 2200 Worthen Bank Building Little Rock, Arkansas 72201 On Behalf of the North Little Rock School District: STEPHEN W. JONES, III Jack, Lyon & Jones 3400 TCBY Tower Little Rock, Arkansas 72201-3401 Proceedings reported by machine stenography
Transcript prepared by notereading. LOIS M. LAMBERT, CCR ( Pages 1 250 ) 1 any / l?r -jue S ba n ' AiOf.kcf-any or the zone blocks, Mr. walker, at all. 5d 1 Just left 2 them as they were. 3 y Uo you know where those Zb youngsters who are not there now are are attending school/ No. I don't know where they're actually attending school. Now, you would acknowledge that the way King Is being started, at least tor the Little Rock School District, you on 1 y have seven white children In the zone that you you've drawn. isn t 1t true 10 sir. 11 that isn't it true that it you' cT gone across it 4 5 6 7 d 9 A Q Q Yes . W 12 you' d - If you'd gone In a different route, you would have been 13 14 15 able to have pulled more white youngsters Into the King You could have, 1n other words, drawn the King It again. zone ? let's I ook at 16 And you could have drawn the King zone here by going north 1 17 Id 19 and west. You could have attracted -- you could have brought more white youngsters Into the K-1 ng zone, couldn't you? And 1 f you had especially, it you had gone as far to the south as 21 20 you went In order to get King to get Ish students, if you had used the same standard In going north and west, you could have 22 brought more white youngsters into that zone ? s 23 A It'S true, but you also would have eliminated the Woodruff 24 4nd maybe even the Pulaski Heights attendant zones if you had 25 done that. . f -. 1 Q by But you also could have used the sate I lite concept to get 2 more white youngsters in, couldn't you, without going to J Wood ru r r i 4 A Ihere are not enough whites in that area now tor those 5 three schools, Mr. walker,, but your answer 1s yes. b Well, listen to my question. It you're going to have a / satellite zone tor white youngsters I mean, tor black a youngsters, then that same concept which is good, enough tor 9 black youngsters is good enough tor white youngsters, too, I 11 f 10 11 Yes. sir. All right. J I K13 514 Now, you have used a tlgure ot maybe two miles from the King site tor assignment purposes, haven't you? Yes, sir. E 12 4 5 A Q A ? 15 Q You can Jump over a number of areas and go further west and e
15 get -- by using the two-mile figure, especially if you're going 17 to use transportation, to get some of the youngsters from around 18 Jefferson to come into King. Isn't that correct? 21 22 23 A-?- Mr. Walker, I thought that an interdistrict school's only purpose -- not only purpose, but main purpose was to provide a school where the majority of the population in the district would be assigned there and we would draw from outside the distrlCt fc. la R 20 I " 24 Q Well, I understood, but 28 A for the whites.I Q-r i 'ps^cicar cjvcjA .a >4 =.i kicj 1 / z il 1 these copies, Ms. Parker, could you tel I the court whether you a p 1 an to hold seats for white students in the event your i I 3 4 b 12 5 13 14 lb 16 1/ IB L fa I 8 9 id 11 recruitment e rrort towards the Pulaski county white students and Little 19 Hock white students are they will be? iHt WllMtSb: not as we have 20 county 21 22 regarding how long successful as you now hope had a discussion the expectations hold those seats, and at this time. date, a final date. to would hold those seats. THt COURT* iHfc Wit NESS* consideration to that. 1 he CUUHIt suggest!ng to the inderinitely or 23 24 2b with Pulaski wou1d be for us to we have not arrived at a and a cutoft data as to how long we Ihat is still under discussion. ihank you. But we have asked them to give some i take it by your answe r you're s * Ir- Court that these seats will not be held from one year to the next? (HE WIINESS: 1 HE COUH1 out of balance Ihat is correct. they Wil I- be fi1 led even If the school i I raci a I Iy ? IHE WITNESSs the seats, we were students and the for the scat, be inter No. No, we have looking at the when we were it had to do no In terms of the number of white looking at the consideration with white students that might would that should be -- should they be interested in going trom.the Little Kock School District. So, we re not talking J.
' (7! |- I 1 Z 3 ShS r 4 5 b J b 9 iU 1 H 1/4 define because because we did take tentative reg t strati on U ' 13 for 14 L t tt t e Rock whites and the printout they did not have the printout when 1 left. but they were putting that Information. lb 16 1/ when we IS 19 20 21 22 23 1Ht GOUKIt IHt WilNtSSi take a can you give us Not to a r tgure at alt? not at tills break, i probably 1Ht GOUHIs iHt wllNtSS: 1Ht GUUH f iHt WilNtSSs the GUUHTi registered now 24 25 moment. c. c OU 1u. f-or how many Becau se -- 1ntradist rict white students that s How many tor King.' the witmess* regi stered what i'm talking abou t. 1 nterdi strict 1 do not have a through the Pulaski I HE GUUR r! 1 might ask your mi nute. o r not whites numbe r. Gounty Special And do you believe do we have I hey school Uistrict. 1 guess. Mr. Jones, witness when we HK. SAM JUNESi 1Ht GUUR11 you have a chance. I could go Well, yo4. don do not need to IHE WiiNESSs IHE GOURI* the witness* something that confusi on 1 ahead and find out. t need to right this ask immediately. 1 don All right. but 1 has bothered me for me t know if it s would like to -- and has been a appropriate theres matter ofIbi i a J 4 5 t) I U J a 10 11 12 13 numbers. Court s exhibit numbers. (Court's Exhibit Nos. idJ, ib** were ot fered 14 15 lb and received in evidence.) 1Ht COUH1s 1n r ormat1 on 1/ la Now, Ms. concerning the have been recruited. 19 20 21 22 Parker, do you have any number of white s Intradistrict first? (Ht WilNtSSi IHt COUKrs recruited. County, 23 2 4 25 tudents who. SO far. :
=5l Yes, i do. All righ t. IHt WllNtSSs I Ht COOK I J I'Ht WlfNESSi I Ht COUHT IHt WllNtSSi 1Ht COURT I THE WITNESS: IHt COUR r i have there are IS who have been A 1 1 right. That have 19 wh i te-s tudents actually signed up. have signed up Intradistrict? That Is correct. These are from other Little Hock schools? That Is correct. How many are students from Pulaski or do you know? THt WlfNESSi X do not know. the COURT J IHt WlTMtSS: (HE COURT J MH . WALKER I back or the room. MH . You do not know? They did not have that number. All right. Thank you. Your Honor, 1 have someone here at the 1 think It was ur. SAM JONtSi Yeah , Huw les. said It was 1 thought that eight. had been given 1 31 Does the district have a response for that question. 2 Mr. Ursery? it was not In the flier. Ms. Parker said yesterday 3 she thought the childcare was part of it. -----1 ~I 4 b 6 / 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WALKtR: mention other things. staff. Your Honor, also, the flier I didn't The flier doesn't even mention childcare Ihere's been no mention of there being an effort to develop a childcare staff. MR. SAM JONES: i'm not sure what the flier is, your Honor. Is that IHE COURT: 1 he flier is the thing that was introduced into evidence yesterday. Copies^ were given MR. SAM JONES: THE COURT: 132? That's right. MR. SAM JONES: go to the next question. THE COURT: too. I do need an answer "to this before I Well, 1 want to know about the childcare, I'm not going to explore the four-year-old program today and I'm not going to explore the_budget and other matters within the theme today, but I am going to concern myself with the childcare aspect of the Plan because I do think that this is not only important to be in compliance with the Plan, but also, if Im considering your request to close Ish, that's another component of that consideration at least. MR. URSERY: Yes, your Honor. IHE COURI: Mr. Ursery, do you have any response?Introduction Volunteers in Public Schools (VIPS) and Partners in Education (PIE) are community involvement programs of the Little Rock School District, providing volunteer services to the District's 51 schools, serving more than 1,800 staff members and more than 26,6CK) students. Volunteers in Public Schools, founded in 1972, is a general citizen involvement program. The program's mission is to provide assistance to the teachers and staff of the Little Rock School District by recruiting, training and coordinating volunteers in all District schools. VIPS's motto is "Helping Teachers Help Kids." Partners in Education facilitates the development of mutually beneficial voluntary relationships between schools and community groups, organizations or businesses. Partnerships support and enhance the educational programs of the District and strengthen the relationship between the District and the community. Both programs are managed by a staff which includes a program coordinator, two school volunteer coordinators, a resource coordinator. Partners in Education manager, office manager and resource secretary. Volunteers in Public Schools As a joint project of the Little Rock School District and the community, VIPS is governed by a Board of Directors which includes representatives from the following groups: American Association of University Women, Board of Realtors, Delta Sigma Theta Sorority, Greater Little Rock Chamber of Commerce, Greater Little Rock Optimist Club, Leadership Roundtable, League of Women Voters, Little Rock Classroom Teachers Association, Little Rock Junior Chamber of Commerce, Little Rock PTA Council, Little Rock School Board of Directors, Junior League of Little Rock, National Association for the Advancement of Colored People (NAACP), Operation PUSH-Excel, Principals' Round table. Retired Senior Volunteer Program of Central Arkansas (RSVP), Sigma Gamma Rho Sorority, University of Arkansas at Little Rock, and Urban League of Arkansas. Twelve members-at-large also serve on the Board. VIPS provides guidance and assistance with volunteer and staff training, activity and career days, shadowing programs, mentoring, cross- and peer-age tutoring programs, enrichment programs, English as a second language, international visitors, scheduling field trips and writing grants for innovative programs. Partners in Education Activities provided by businesses involved as Partners in Education include incentive programs to reward improvement in grades and/or attendance, school grounds beautification projects, career awareness programs, job shadowing, homework centers and self-esteem training classes. Schools return the generosity of their partners through a variety of activities which include holiday musical presentations, art displays, pen pal programs, appreciation events and sharing school facilities. Affiliations VIPS and Partners in Education are active in a number of organizations and through them work to improve school volunteerism. Professional affiliations include the National Association of Partners in Education, International Association for Volunteer Administration, Arkansas Volunteer Coordinators Association, Arkansas Division of Volunteerism, Greater Little Rock Chamber of Commerce, Future Little Rock Educational Task Force, New Futures for Little Rock Youth, Cornerstone Project, Little Rock PT A Council, and the Certified Volunteer Management program of the Arkansas Public Administration Consortium. The information gained through organizational networking refines our services so that VIPS and PIE remain on the cutting edge of school volunteerism. Recognition Volunteers are recognized through the VIPS Chairperson Luncheon, individual school appreciation functions and the annual Evening For the Stars reception, a districtwide volunteer recognition event. Financial VIPS is funded by contributions from individuals, businesses, civic and social organizations and the Little Rock School District. VIPS Operating Budget 1992-93 School District Funds Community Contributions $14,971.60 $ 6,401.50 Partners in Education is funded by the Little Rock School District with a 1992- 93 operating budget of $3,728.40. Highlights Wonders of Work (WOW) VIPS and Junior League of Little Rock combined efforts during the 1992-93 school year to continue WOW, a career awareness program for sixth-grade students, for a second year. WOW matched 27 students a semester with professionals in the conununity for four visits, which included job shadowing and a class presentation. Mentoring VIPS implemented a mentoring program in the seven incentive schools during the 1991-92 school year. Sixty mentors volunteered the first year
105 were matched during the 1992-93 school year with students for weekly school visits where mentors and mentees talked and shared with one another. The concluded with a districtwide picnic for those involved in the program. year Senior Volunteers from retirement centers in the Little Rock metropolitan area are contributing hundreds of volunteer service hours by making learning activities, tutoring students and assisting with bulk mailings. Reading is FUNdamental (RIF) Reading is FUNdamental to Arkansas' Future (RIF) encourages reading and reading comprehension by letting children choose three books to take home and keep at no cost to the students or their families. The program was administered by VIPS through a Student Loan Marketing Association challenge grant with financial and volunteer time contributions from Friends of Central Arkansas Library System (FCXIAL), Pulaski Heights Kiwanis, Central Little Rock Kiwanis and West Little Rock Kiwanis clubs. During the 1992-93 school year, 7,564 books were distributed among 1,891 fourth-grade students in all Little Rock School District elementary schools.Awards The Arkansas Department of Human Services (DHS) was the Education Winner of the 1993 Golden Rule Award, sponsored by United Way of Pulaski County and J. C. Penney. VIPS nominated DHS for the award in honor of the partnership DHS has with Bale Elementary School. Their partnership activities include the "Buddy Club," a mentoring program
classroom presentations
a book drive that resulted in 100 books being donated to the school library
and job shadowing. Al Porter, longtime VIPS board member, was selectd as United Way of Pulaski County's Volunteer of the Week for the week of May 10-15, 1993. Discount Trophies donated a plaque for Porter, which was presented to him at the May 10 VIPS Board of Directors Executive Committee. Awards for volunteer service to the Little Rock School District were presented during the annual VIPS Evening for the Stars reception. The Jane Mendel Award for Outstanding Volunteer Service was presented to Betty Ruth Davis. Parkview Arts and Science Magnet, Dunbar International Studies/Gifted and Talented Magnet and Ish Incentive School received awards for most volunteer hours per students during the 1992-93 school year. Pulaski Heights Elementary, runner-up for most volunteer hours per student, and Carver Basic Skills-Math/Science Magnet, having the most overall volunteer hours districtwide, were also recognized. Excellence in School/Business Partnerships awards were presented to Twin City Bank - Heights Branch for their partnership with Forest Park Elementary, Unitarian Uni versalist Church for their partnership with Garland Incentive School and Storer Cable for their partnership with Western Hills Elementary School. Value of Volunteer Services Program volunteers serve at a school or other educational site on a regular, repeating basis, providing direct assistance to students and teachers on a wide variety of general support services. Resource volunteers visit classes on an occasional basis to make presentations about their jobs, hobbies, skills, travels, special interests or experiences. Partners in Education volunteers serve as either program or resource volunteers, providing diverse services to schools through their commitment to partnership or special projects. Hours served by program volunteers Hours served by resource volunteers Hours served by partner volunteers Resource volunteers on file Registered field trip sites Individual teacher requests filled Resource volunteer/student contacts (This figure includes, in some instances, the same students having contact with more than one resource volimteer during the school year) Number of Partnerships Total number of volunteers Total hours of volunteer service Cost benefit of volunteer service (at $11.58 per hour, an average nationwide figure in educational fields as suggested by the National Association of Partners in Education, the Arkansas Division of Volunteerism and ACTION, the national volunteer agency) 116,256.50 1,010.00 14,034.00 883 no 759 23,496 Ill 7,541 131,300.50 $1,520,459.795i han CTX' ^^4* .ara 9 / - A-Ly ft.) / iVSl AU G 3 ,IN THE UNITED STATES DISTRICT COURT Sljbd EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION '*'<*NSAS Office of D jsegrsgaticn Monii.cnng X ^0t993 LITTLE ROCK SCHOOL DISTRICT : Plaintiff, : V s . NO. 82-CV-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT . : : 1 June 9, 1993 Little Rock, Arkansas 9:40 A.M. ~i Defendant. X HEARING BEFORE THE HONORABLE SUSAN WEBBER WRIGHT, UNITED STATES DISTRICT JUDGE, as follows: APPEARANCES: On Behalf of the Plaintiff: CHRISTOPHER J. HELLER FRED S. URSERY Friday, Eldredge & Clark 2000 First Commercial Building Little Rock, Arkansas 72201 On Behalf of the Defendant:. M. SAMUEL JONES, III Wright, Lindsey and Jennings 2200 Worthen Bank Building Little Rock, Arkansas 72201 On Behalf of the North Little Rock School District: STEPHEN M. JONES Jack, Lyon & Jones I 3400 TCBY Tower Little Rock, Arkansas 7 2^ 1-3401 __I Proceedings reported by machine stenography
Transcript prepared by notereading. 1 Pages 1 iiO9 ) f Uni OIS M. LAMBERT, CCR d States Court ReporterIf r 22 1 Is my recollection correct to your knowledge? 2 A Io my knowledge. I know they have.one. I I 1 don ' t J know about two. Okay . Have -- Just out or curiosity, have you -- have they been involved in any or' these meetings or this process to your understanding? Yes . Okay . Do you know, and perhaps 1 should ask the Little Hock witness, 1r these two Little Hock recruiters have been 10 given any specific responsibility so far as recruiting white 11 PCSSD students Is concerned? 12 I don t know if they've given been given specific E13 14 respons1b1 1111es. I know that they have made contact with Dr. Herts and myself and and made themselves available to work with us. I don't know what you know, exactly 4 5 b 7 8 9 Q A 0 A 1 1 don't I 4 J what they were told specifically to do. ^3? fl7 ^18 Generally, they're they'vebeen told to work with any way that they can to to recruit. i heyre work i ng us in more ^19 b20 closely with Dr. Herts than than with me. All r1ght, sir. 0 ^21 22 [23 iR24 MR. SAM JONESi Your Honor, I have in my hand -- 1 don't think It's part of the Little Hock packet. Mr. Bowles from Ms. 'ecrui 11 ng . a memorandum to Parker dated May 13 of this year regarding In fact, since we apparently have an original. iS'* 1 f 1 25 could briefly In inform the record what's in here? IiO 11 12 13 14 23 She notes that the county's responsible for arranging parent and patron forums, that once the parents and patrons there, Little Hock is responsible for marketing the program, a re that Little Hock is responsible for getting the fliers to the county . fli e rs . The county is responsible for the distribution of the She notes appropriately that Little Rock cannot market a program if there are no parents or patrons. a reference to the McCain Mall booth that Mr. de sc ri bed . And then It makes Bowles has already it concludes on something i don t know that the Court wants to get into at all in this hearing, but it broaches the subject of the prospect of releasing seats in the future to LRSD white students if they're not all filled by county students in the first year. 1 2 3 4 5 6 7 a y 15 If I could hand this back to Mr. Bowles? 16 17 would THE COURT 1 I am more Interested in whether seats I mean, my questions yesterday to Ms. Parker with 18 respect to releasing seats went lo releasing county seats, but I 19 was concerned about releasing them to Little Rock black 20 studen ts . 21 in response to my question, I thought she was saying 22 that they would be released to county black students, even 23 though that would be in violation perhaps of the racial balance ~1 24 requ I remeti t s . Maybe 1 was wrong In understanding that. Maybe 25 that's not what she meant.1 24 1 was concerned about doing what might have happened 2 i n the i ncent i ve schooIs. In other words, putting the seats J that were reserved tor whites, rilling them with black children 4 and thereby eliminating the possibility of moving whites Into 5 those seats later. b i know you, as the county's at
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