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Any other use requires permission from the Butler Center."],"dcterms_medium":["judicial records"],"dcterms_extent":["116 page scan, typed"],"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":"\u003c?xml version=\"1.0\" encoding=\"utf-8\"?\u003e\n\u003citems type=\"array\"\u003e  \u003citem\u003e   \n\n   \n\n   \n\n\n   \n\n   \n\n\n   \n\n\n   \n\n   \n\n\n   \n\n   \n\n\n   \n\n   \n\n\n\n\n\n\n\n\n   \n\n \n\n \n\n \n\n\n   \n\n   \n\n   \n\n\n   \n\n  \n\n   \n\n\n   \n\n  \n\n   \n\n\n   \n\n \n\n\u003cdcterms_description type=\"array\"\u003e   \n\n\u003cdcterms_description\u003eThis transcript was create using Optical Character Recognition (OCR) and may contain some errors.    Hl::,RSCHEL H. PRIDAY ( 1922-1994) WILLIAM H. SUTTON, P.A. BYRON M. EISEMAN. JR., P.A. JOE D. BELL. P.A. )A. BUTTRY, P.A. FR KS. URSERY, P.A. OS DAVIS, JR., P.A. JAM . CLARK, JR., P.A. THOMAS P. LEGGETT, P.A. JOHN DEWEY WATSON. P.A. PAUL B. BENHAM Ill. P.A. LARRY W. BURKS, P.A. A. WYCK..LIPP NISBET, JR .. P.A. JAMES EDWARD HARRIS. P.A. J. PHILLIP MALCOM. P.A. JAMES M. SIMPSON. P.A. JAMES M. SAXTON, P.A. J. SHEPHERD RUSSELL Ill. P.A. DONALD H. BACON. P.A. WILLIAM THOMAS BAXTER. P.A. RICHARD D. TAYLOR. P.A. JOSEPH B. HURST, JR .. P.A. ELIZABETH ROBBEN MURRAY, P.A. CHRISTOPHER HELLER. P.A. LAURA HENSLEY SMITH, P.A. ROBERT S. SHAPER. P.A. WILLIAM M. GRIFFIN Ill, P.A. MICHAELS. MOORE, P.A. DIANE S. MACKEY, P.A. WALTER M. EBEL Ill , P.A. KEVIN A. CRASS, P.A. WILLIAM A. WADDELL. JR .. P.A. SCOTT J. LANCASTER. P.A. ROBERT B. BEACH, JR., P.A. J , LEE BROWN, P.A. JAMES C. BAKER, JR., P.A. HARRY A. LIGHT, P.A. SCOTT H. TUCKER, P.A. GUY ALTON WADE, P.A. PRICE C. GARONER. P.A. TONIA P. JONES, P.A. OAVlD 0 . WILSON, P.A. JEFFREY H. MOORE, P.A. DAVID M. GRAF, P.A. Ms. Ann Marshall Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Attention: Linda Bryant Re: LRSD v. PCSSD Dear Linda: FRJDA Y ELDREDGE \u0026amp; CLARK ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP www.fridayfirm.com 2000 REGIONS CENTER 400 WEST CAPITOL LITTLE ROCK, ARKANSAS 72201-3493 TELEPHONE 501-376-2011 FAX 501-376-2147 3425 NORTH FUTRALL DRIVE . SUITE 103 FAYETTEVILLE, ARKANSAS 72703-  811 TELEPHONE  79 - 695-2011 FAX 479-695-2147 208 NORTH FIFTH STREET BLYTHEVILLE, ARKANSAS 72315 TELEPHONE 870-7622898 FAX 870-762-2918 June 12, 2002 CARLA GUNNELS SPAINHOUR. P.A. JOHN C. FENDLEY, JR., P.A. JON ANN ELIZABETH CONIGLIO. P.A. R. CHRISTOPHER LAWSON. P.A. FRANC. HICKMAN, P.A. BETTY J. DEMORY, P.A. LYNDA M. JOHNSON. P.A. JAMES W. SMITH, P.A. CLIFFORD W. PLUNKETT, P.A. DANIELL. HERRINGTON, P.A. MARVIN L. CHILDERS K. COLEMAN WESTBROOK, JR. ALLISON J. CORNWELL ELLEN M. OWENS JASON B. HENDREN BRUCE 8 . TIDWELL MICHAELE. KARNEY KELLY MURPHY MCQUEEN JOSEPH P. MCKAY ALEXANDRA A. IFRAH JAY T. TAYLOR MARTIN A. KASTEN RECEIVED JUN 1 ~ 2002 OFFICE OF DESEBREGATIOII MONITORING BRYAN W. DUKE JOSEPH G. NICHOLS ROBERT T. SMITH RYAN A. BOWMAN TIMOTHY C. EZELL T. MICHELLE ATOR KAREN S. HALBERT SARAH M. COTTON PHILIP 8 . MONTGOMERY KRISTEN S. RIGGINS ALAN G. BRYAN LINDSEY MITCHAM SLOAN KHAYYAM M. EDDINGS JOHN F. PEISERICH o t cOUNSEL D.S. CLARK WILLIAM L. TERRY WILLIAM L. PATTON, JR. H.T. LARZELERE. P.A. JOHN C. ECHOLS, P.A. A.O. MCALLISTER CHRISTOPHER HELLER LITTLE ROCK TEL 501-370-1509 FAX 501-244-534  heller@fec .net As you requested in our phone conversation of today, I have enclosed a copy of Plaintiffs Reply Brief in Support of Motion for an Immediate Declaration of Unitary Status reflecting a filing date of June 7, 2002. I have handwritten a corrected date of service on the last page. /bk Enc. Sincerely, ~ Brenda Kampman, Legal Assistant for Christopher Heller ,. -  E.~,~::- . IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. LR-C-82-866 PULASKl COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL RECEIVED JUN 1 3 2002 omcEoF DESEGREGATION MONITORING PLAINTIFF'S REPLY BRIEF IN SUPPORT OF DEFENDANTS INTERVENORS INTER VEN ORS MOTION FOR AN IMMEDIATE DECLARATION OF UNITARY STATUS I. Revised Plan Sections Already Litigated. A. Revised Plan 2.12.2. 2. I 2.2: LRSD shall implement policies and procedures for investigating the cause of racial disparities in programs and activities and developing remedies where appropriate. The Revised Plan was approved by Judge Wright on the joint motion of the LRSD and Joshua on April 10, 1998. Over three years later, the Joshua Intervenors (\"Joshua\") objected to the LRSD being granted unitary status. In their objections filed June 25, 2001 , Joshua made no reference to Revised Plan 2.12.2. Yet, Joshua now argues that 2.12.2 obligated the LRSD to investigate, reduce and/or eliminate the racial disparity in discipline and achievement. This argument should be rejected as untimely, inconsistent with the plain language of 2.12.2 and contrary to the interpretation given  2.12.2 by the parties during the term of the Revised Plan. Joshua's argument is untimely because they raised no objection to the LRSD's compliance with 2.12.2 in their objections filed June 25, 2001 . Joshua's argument is also inconsistent with the plain language of 2.12.2 which limits application of the provision to \"programs and activities.\" Discipline and achievement cannot fairly be construed as \"programs\" or \"activities.\" ' .'!SAS ~-.:..:... Finally, neither the LRSD nor Joshua interpreted  2.12.2 as requiring investigation of the - racial disparities in discipline and achievement during the term of the Revised Plan. See AMI Civil 41\\ 3015 (Supp. 200l)(\"You should give weight to the meaning placed on the language by the parties themselves, as shown by their statements, acts, or conduct after the contract was made.\"). The LRSD's obligations with regard to discipline and achievement were specifically set forth in 2.5 and 2.7, respectively. Those sections set forth Joshua's entire \"remedy\" relat~d to discipline and achievement issues. Revised Plan  2.12.2 was intended to address racial disparities \"in programs and activities\" which might arise but were not otherwise covered by the Revised Plan. See AMI Civil 41\\ 3021 (Supp. 2001)(\"If there is a contradiction between general provisions and more detailed, specific provisions, the specific provisions ordinarily qualify the meaning of the general provisions.\"). Joshua's current interpretation of 2.12.2 was never brought to the attention of the LRSD during the term of the Revised Plan. Joshua knew no later than March of2000 that the LRSD was not \"investigating\" the racial disparity in discipline and achievement. Joshua's silence - precludes it from arguing for a contrary interpretation after complete performance by the LRSD. See Waste Management of Ohio, Inc. v. City of Dayton, 132 F.3d 1142, 1144-45 (6th Cir. 1997)(recognizing a district court's jurisdiction to consider whether the equitable principle of estoppel has altered a parties obligations and duties under a consent decree); U.S. v. City of Fort Smith, 760 F.2d 231 , 233-34 (8th Cir. 1985)(\"We note that, for purposes of enforcement, consent decrees are to be construed as contracts.\"); Bharodia v. Pledger, 66 Ark. App. 349,355, 990 S.W.2d 581 , 585 (1999)(\"It has also been held that a party with knowledge of a breach of contract by the other party waives the right to insist on a forfeiture when he allows the other party to continue in performance of the contract.\"); Stephens v. West Pontiac-GMC, Inc., 7 Ark. App. 275,278, 647 S.W.2d 492,493 (1983)(\"The rule is that a party to a contract who, with knowledge of a breach by the other party, continues to accept benefits under the contract and 2 suffers the other party to continue in performance thereof, waives the right to insist on the - breach.\"). In fact, Joshua's belated assertion that 2.12.2 applied to the racial disparity in discipline and achievement represents an effort by Joshua to shed the burden of proof they accepted in Revised Plan  11. Joshua clearly failed to meet their burden of establishing that the current racial disparities in discipline and achievement resulted from discrimination by the LRSD. Recognizing this failure, Joshua argues that  2.12.2 obligated the LRSD to determine the cause of these disparities. For the reasons set forth above, this argument is without merit. Discipline and achievement are not \"programs\" or \"activities.\" Consequently, Revised Plan 2.12.2 is irrelevant to the LRSD's compliance with Revised Plan 2.5 and 2.7. A. Revised Plan 2.7: Academic Achievement. LRSD shall implement programs, policies and/or procedures designed to improve and remediate the academic achievement of African-American students, including but not limited to Section 5 of this Revised Plan. Joshua argues that \"[t]he LRSD did not develop any particular program designed to remedy [the] achievement disparity between black and white pupils.\" Joshua's Response, p. 52. This is not true. The LRSD implemented programs designed to improve and remediate AfricanAmerican achievement, as required by the Revised Plan. Dr. Carnine testified as follows: Q. I see. Did you adopt a single program by which to narrow the achievement gap between black -- the academic achievement between black and white students, as set forth in the Settlement Agreement which we signed? A single program, Doctor, one program, did you do that? A. Ifl may, I am going to say yes, because I believe ultimately ifwe remediate achievement, that the gap will, in fact, close. Tr. July 6, 2001, p. 378. Dr. Camine's response can be best understood when considered in light of the Court's comments which immediately preceded it. As in their Response, Joshua insisted at the hearing of talking about reducing the disparity, rather than improving African-American achievement. 3 Judge Wright interrupted Joshua's cross-examination of Dr. Carnine when counsel for Joshua - refused to recognize the distinction and stated: THE COURT: All right. I want to just again, and I don't want you to - I don't want you to get into an argument with him. But this witness takes the position that there is a difference between raising the achievement level of minority students and closing the disparity - the achievement gap. MR. W Al.KER: I understand, and that - THE COURT: And in his defense, I am not trying to take his side in this matter, I am trying to be a fair Judge, but in his defense, Section 2.7 of this plan requires the District to \"implement programs, policies and/or procedures designed to improve and remediate the academic achievement of African-American students\" . . .. And so, what he is going to testify -- what he wants to testify to is not reducing the disparity, but increasing African-American achievement. And I am going to -- based on the language of the plan, I am going to let him stick to that. MR. WALKER: That's fine. Tr. July 6, 2001, pp. 376-77. Despite Judge Wright's admonishment, counsel for Joshua continued to question Dr. Carnine about the \"achievement gap,\" leading to Dr. Camine's testimony that improving African-American achievement should narrow the racial disparity in - achievement. Dr. Carnine testified that the Revised Plan's approach to reducing the racial disparity in achievement was to implement programs designed to improve African-American achievement. Tr. July 6, 2001, pp. 450-52. Dr. Carnine further testified that Joshua accepted that approach when they agreed to the Revised Plan. Tr. July 6, 2001, p. 452. The parties' joint brief seeking approval of the Revised Plan supports Dr. Carnine's testimony. In that brief, the parties stated, \"With regard to the achievement disparity, the January 16 Revised Plan recognizes that the only legitimate means to eliminate the racial disparity in achievement is by improving AfricanAmerican achievement.\" See Docket No. 3108, p. 2 ( emphasis supplied). Therefore, there is no merit to Joshua's argument that the LRSD did not implement programs designed to eliminate the racial disparity in achievement. The LRSD did exactly what 4 the Revised Plan called for in that regard - it implemented programs designed to improve and - remediate African-American achievement. Joshua also argues that \"implementation fell short in areas deemed significant by [the] LRSD .... \" Joshua's Response, p. 51. To support this argument, Joshua primarily relies on the LRSD's Interim Report and Final Report which detail the implementation status of the District's comprehensive curriculum reforms. Joshua's argument fails to recognize that implementation of new curriculum programs is a process, not an event. Joshua's argument suggests that the Revised Plan required everything to be implemented on day one. If Joshua really believed this, they should have objected no later than when the LRSD filed its Interim Report, on which they rely heavily in their Response. They never objected to the status of the LRSD's implementation during the Revised Plan's term and should be estopped from objecting after the LRSD has completed performance. See Waste Management, City of Fort Smith, Bharodia and Stephens, Joshua bore the burden of establishing the LRSD's noncompliance with Revised Plan  - 2.7. See Revised Plan,  11. To meet this burden based on the racial disparity in achievement required that Joshua come forward with evidence that the disparity resulted from the LRSD's noncompliance, rather than other factors. See People Who Care v. Rockford Bd. of Educ., 246 F.3d 1073, 1076-77 (7th Cir. 2001 ). In their Response, Joshua does not even argue that they met this burden. Rather, Joshua argues that Revised Plan  2.12.2 placed the burden on the LRSD to determine the cause of the racial disparity in achievement and implement a remedy. For the reasons discussed above, that argument is wholly without merit. The LRSD agreed to implement programs, policies and procedures designed to improve African-American achievement, and it has done so. Accordingly, the LRSD should be declared unitary and released from court supervision in the area of student achievement. See Freeman v. Pitts, 503 U.S. 467, 489, 112 S.Ct. 1430 (1992)(\"Partial relinquishment of judicial control, where justified by the facts of the 5 case, can be an important step in fulfilling the district court's duty to return the operations and - control of schools to local authorities.\"). B. Revised Plan  2. 7 .1 : Program Assessment. LRSD shall assess the academic programs implemented pursuant to Section 2. 7 after each year in order to determine the effectiveness of the academic programs in improving AfricanAmerican achievement. If this assessment reveals that a program has not and likely will not improve African-American achievement, LRSD shall take appropriate action in the form of either modifying how the program is implemented or replacing the program. Joshua's Response on this issue begins by misstating the LRSD's position. The LRSD does not contend that all it had to do to comply with  2. 7 .1 was administer annual assessments to students. That was step one in a two step process. The second step was using the assessment data \"to determine the effectiveness of the academic programs in improving African-American achievement.\" See Revised Plan, 2.7.1. See Tr. Nov. 19, 2001, p. 246. The LRSD did this, and Dr. Lesley provided the Court with several examples of program changes made by the LRSD based on the annual assessment data. See Tr. Nov. 19, 2001, pp. 247-75. - The distinction to be made is between an informal evaluation made using the annual assessment data and a formal, written program evaluation. The LRSD did both, although 2.7.1 only required the former. The formal, written program evaluations conducted pursuant to the Revised Plan were referred to as the Board-adopted Research Agenda. See Interim Report, p. 53. Joshua's outline of the various documents detailing the LRSD's efforts to comply with 2. 7. I completely ignores ODM's August 11, 1999 monitoring report. Joshua knew or should have known upon publication of that report that the LRSD did not intend to prepare a formal program evaluation every year for every program in the District affecting African-American achievement; yet, Joshua raised no objection. See Tr. Nov. 20, 2001, pp. 370-71; Docket No. 3289, ODM Report, August 11, 1999, p. 43. The LRSD's March 2000 Interim Report again detailed the LRSD's plans for complying with 2.7.1. Again, Joshua raised no objection. If 6 Joshua believed the LRSD had an obligation to do more, then Joshua had an obligation to put the - LRSD on notice of that belief. Since they did not, they are estopped arguing that what the LRSD did was not enough. See Waste Management, City of Fort Smith, Bharodia and Stephens, supra. The LRSD substantially complied with Revised Plan 2.7.1, and accordingly, should be declared unitary and released from court supervision with regard thereto. See Freeman, 503 U.S. at 489. C. Revised Plan  2.5 - 2.5.4: Student Discipline. Joshua concedes that \"(t]here is no predicate for the court to find a lack of substantial compliance with Sections 2.5.1, 2.5.2 and 2.5.3 of the revised plan.\" Joshua focuses its attack on Revised Plan 2.5 and 2.5.4. Each of these sections will be discussed in tum below. 1. 2.5. LRSD shall implement programs, policies and/or procedures designed to ensure that there is no racial discrimination with regard to student discipline. Joshua bore the burden of establishing the LRSD's noncompliance with Revised Plan  2.5. See Revised Plan,  11. To meet this burden based on the racial disparity in discipline required that Joshua come forward with evidence that the disparity resulted from systematic discrimination by the LRSD's in the imposition of discipline. See People Who Care, 246 F.3d at 1076-77 (achievement disparity). In their Response, Joshua does not even argue that they met this burden. Rather, Joshua argues that Revised Plan 2.12.2 placed the burden on the LRSD to determine the cause of the racial disparity in discipline and implement a remedy. For the reasons discussed above, that argument is wholly without merit. Joshua came forward with no evidence ofracial discrimination by the LRSD, and accordingly, the LRSD should be declared unitary and released from court supervision with regard to Revised Plan 2.5. See Freeman, 503 U.S. at 489. Joshua takes out of context Dr. Linda Watson's testimony concerning the ODM's June 14, 2000, monitoring report on student discipline. See CX 583. Joshua would have this Court believe that the District and Dr. Watson completely ignored the report. While it is true that 7 Superintendent Carnine instructed Dr. Watson not to prepare a formal response to the report, Tr. - Nov. 19, 2001, p. 178, Dr. Watson explained in her testimony what the District did to address each ofODM's recommendations. Tr. Nov. 19, 2001, pp. 85-102. Even if the LRSD had completely ignored the report, the Revised Plan did not require the LRSD to implement ODM's recommendations, and the report itself merely describes the recommendations as \"suggestions.\" ex 583, p. 121. 2. 2.5.4. LRSD shall work with students and their parents to develop behavior modification plans for students who exhibit frequent misbehavior. Joshua's argues that the District failed to meet its obligation under Revised Plan 2.5.4 based on evidence that the District did not maintain a document compiling the total number of behavior modification plans developed and that the District did not prepare a document entitled, \"Monitoring Report of Behavior Modification Plans.\" The Revised Plan required neither. Joshua bore the burden of proof. See Revised Plan  11. There was no evidence that any student who needed a behavior modification plan did not get one. Dr. Watson testified that she reversed - suspensions and sent students back to school to do a behavior modification plans when necessary. Tr. Nov. 19, 2001, p. 136. The fact that the LRSD did not keep a list of all students with behavior modification plans falls far short of establishing noncompliance with  2.5.4. Therefore, the LRSD should be declared unitary with regard to student discipline. See Freeman, 503 U.S. at 489. D. Conclusion. Joshua concludes its discipline argument with the statement that \"Dr. Watson had a vast array of responsibilities, more than one person could reasonably be expected to accomplish.\" Joshua's Brief, p. 15. What Joshua fails to comprehend is that this could just as easily be said about most of the District's administrators, principals and teachers. The LRSD agrees that there were things it could have done better. It said as much in both the Interim Report and Final Report. While the LRSD strives for perfection, that is not the legal standard. See Belk v. 8 Charlotte-Mecklenburg Bd. of Educ., 269 F.3d 305, 335 (4th Cir. 2001) (Traxler, J.)(\"This is not - to say that CMS is a perfect school system - it is not.\"). The issue before this Court is whether the LRSD Board of Directors can be trusted comply with the Constitution absent court supervision. See Cody v. Hillard, 139 F.3d 1197, 1199 (8th Cir. 1998). Joshua came forward with no evidence that they could not, and as a result, the LRSD is entitled to an order granting unitary status in accordance with Revised Plan  11. II. Summary Judgment. The LRSD moved for summary judgment with regard to those Revised Plan sections which were timely challenged by Joshua but which have not yet been litigated. The summary judgment process may be used to terminate a consent decree without an evidentiary hearing. See Cody, 139 F.3d at 1200 (\"They do not cite any cases stating that a hearing is a necessary prerequisite to terminating supervision of a decree . . . . At any rate, the necessity of a hearing depends on whether there are disputed factual issues.\"). Summary judgment is appropriate when the Court finds that there is no genuine issue as to any material fact and that the moving party is - entitled to judgment as a matter oflaw. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317,323 (1986). The party moving for summary judgment bears the initial burden of informing the court of the basis for the motion and of identifying those parts of the record which demonstrate absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. The LRSD met its burden by pointing out that there is no evidence of noncompliance sufficient to cast doubt on the District's intent to comply with the Constitution absent court supervision. See Cody, 139 F.3d at 1199. This shifted the burden to Joshua to come forward with such evidence. See Matushita Blee. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 585-87 (1989). Joshua failed to meet their burden. Moreover, Joshua's failure to controvert the LRSD's Statement of Material Facts Not in Dispute means that those facts are deemed admitted. See Rule 56. l(c) of the Rules for the 9 United States District Court for the Eastern and Western Districts of Arkansas. Based on those - facts, the LRSD should be granted summary judgment with regard to all remaining issues. Joshua does not even purport to respond to the LRSD's motion for summary judgment. Rather, Joshua notes that the Court has already scheduled a hearing on the remaining Revised Plan sections to be litigated - as if this negated the need for them to respond. The summary judgment process is designed to determine whether a factual dispute exists which requires an' evidentiary hearing. Joshua failed to come forward with evidence establishing a factual dispute, and therefore, the LRSD should be granted summary judgment. Respectfully Submitted, LITTLE ROCK SCHOOL DISTRICT FRlDA Y, ELDREDGE \u0026amp; CLARK Christopher Heller (#81083) John C. Fendley, Jr. (#92182) 2000 Regions Center 400 West Capitol Little Rock, AR 72201-3493 (501) 376-2011 ------ CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served on the following people by depositing a copy of same in the United States mail on Mareh 15, 2002: ~ '1 ~o1);)-. Mr. John W. Walker J- J JOHNW. WALKER, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Sam Jones Wright, Lindsey \u0026amp; Jennings 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON \u0026amp; JONES, P.A. 425 W. Capitol, Suite 3400 Little Rock, AR 72201-3472 Mr. Richard Roachell Roachell Law Firm 11800 Pleasant Ridge Road, Suite 146 Post Office Box 17388 Little Rock, Arkansas 72222-7388 Little Rock, AR 72201 - Ms. Ann Marshall (hand-delivered) Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Mr. Mark Hagemeier Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 Mr. Robert Pressman 22 Locust A venue Lexington, MA 02421 11 RECEIVED IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL PLAINTIFF'S REPLY BRIEF IN SUPPORT OF JUN 11 2002 OFACEOF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTER VEN ORS INTERVENORS MOTION FOR AN IMMEDIATE DECLARATION OF UNIT ARY STATUS I. Revised Plan Sections Already Litigated. A. Revised Plan  2.12.2. 2.12.2: LRSD shall implement policies and procedures for investigating the cause of racial disparities in programs and activities and developing remedies where appropriate. The Revised Plan was approved by Judge Wright on the joint motion of the LRSD and Joshua on April 10, 1998. Over three years later, the Joshua Intervenors (\"Joshua\") objected to the LRSD being granted unitary status. In their objections filed June 25, 2001, Joshua made no reference to Revised Plan 2.12.2. Yet, Joshua now argues that 2.12.2 obligated the LRSD to investigate, reduce and/or eliminate the racial disparity in discipline and achievement. This argument should be rejected as untimely, inconsistent with the plain language of 2.12.2 and contrary to the interpretation given 2.12.2 by the parties during the term of the Revised Plan. Joshua's argument is untimely because they raised no objection to the LRSD's compliance with 2.12.2 in their objections filed June 25, 2001. Joshua's argument is also inconsistent with the plain language of 2.12.2 which limits application of the provision to \"programs and activities.\" Discipline and achievement cannot fairly be construed as \"programs\" or \"activities.\" Finally, neither the LRSD nor Joshua interpreted 2.12.2 as requiring investigation of the - racial disparities in discipline and achievement during the term of the Revised Plan. See AMI Civil 4th , 3015 (Supp. 2001)(\"You should give weight to the meaning placed on the language by the parties themselves, as shown by their statements, acts, or conduct after the contract was made.\"). The LRSD's obligations with regard to discipline and achievement were specifically set forth in 2.5 and 2.7, respectively. Those sections set forth Joshua's entire \"remedy\" related to discipline and achievement issues. Revised Plan 2.12.2 was intended to address racial disparities \"in programs and activities\" which might arise but were not otherwise covered by the Revised Plan. See AMI Civil 41\\ 3021 (Supp. 2001)(\"Ifthere is a contradiction between general provisions and more detailed, specific provisions, the specific provisions ordinarily qualify the meaning of the general provisions.\"). Joshua's current interpretation of 2.12.2 was never brought to the attention of the LRSD during the term of the Revised Plan. Joshua knew no later than March of2000 that the LRSD was not \"investigating\" the racial disparity in discipline and achievement. Joshua's silence - precludes it from arguing for a contrary interpretation after complete performance by the LRSD. See Waste Management of Ohio, Inc. v. City of Dayton, 132 F.3d 1142, 1144-45 (6th Cir. l 997)(recognizing a district court's jurisdiction to consider whether the equitable principle of estoppel has altered a parties obligations and duties under a consent decree); U.S. v. City of Fort Smith, 760 F.2d 231, 233-34 (8th Cir. 1985)(\"We note that, for purposes of enforcement, consent decrees are to be construed as contracts.\"); Bharodia v. Pledger, 66 Ark. App. 349,355, 990 S.W.2d 581,585 (1999)(\"It has also been held that a party with knowledge of a breach of contract by the other party waives the right to insist on a forfeiture when he allows the other party to continue in performance of the contract.\"); Stephens v. West Pontiac-GMC, Inc., 7 Ark. App. 275,278, 647 S.W.2d 492,493 (1983)(\"The rule is that a party to a contract who, with knowledge of a breach by the other party, continues to accept benefits under the contract and 2 suffers the other party to continue in performance thereof, waives the right to insist on the - breach.\"). In fact, Joshua's belated assertion that 2.12.2 applied to the racial disparity in discipline and achievement represents an effort by Joshua to shed the burden of proof they accepted in Revised Plan  11. Joshua clearly failed to meet their burden of establishing that the current racial disparities in discipline and achievement resulted from discrimination by the LRSD. Recognizing this failure, Joshua argues that 2.12.2 obligated the LRSD to determine the cause of these disparities. For the reasons set forth above, this argument is without merit. Discipline and achievement are not \"programs\" or \"activities.\" Consequently, Revised Plan 2.12.2 is irrelevant to the LRSD's compliance with Revised Plan 2.5 and 2.7. A. Revised Plan 2.7: Academic Achievement. LRSD shall implement programs, policies and/or procedures designed to improve and remediate the academic achievement of African-American students, including but not limited to Section 5 of this Revised Plan. Joshua argues that \"[t]he LRSD did not develop any particular program designed to remedy [the] achievement disparity between black and white pupils.\" Joshua's Response, p. 52. This is not true. The LRSD implemented programs designed to improve and remediate AfricanAmerican achievement, as required by the Revised Plan. Dr. Carnine testified as follows: Q. I see. Did you adopt a single program by which to narrow the achievement gap between black -- the academic achievement between black and white students, as set forth in the Settlement Agreement which we signed? A single program, Doctor, one program, did you do that? A. If I may, I am going to say yes, because I believe ultimately if we remediate achievement, that the gap will, in fact, close. Tr. July 6, 2001, p. 378. Dr. Carnine's response can be best understood when considered in light of the Court's comments which immediately preceded it. As in their Response, Joshua insisted at the hearing of talking about reducing the disparity, rather than improving African-American achievement. 3 Judge Wright interrupted Joshua's cross-examination of Dr. Carnine when counsel for Joshua - refused to recognize the distinction and stated: THE COURT: All right. I want to just again, and I don't want you to - I don't want you to get into an argument with him. But this witness takes the  position that there is a difference between raising the achievement level of minority students and closing the disparity- the achievement gap. MR. WALKER: I understand, and that - THE COURT: And in his defense, I am not trying to take his side in this matter, I am trying to be a fair Judge, but in his defense, Section 2.7 ofthis plan requires the District to \"implement programs, policies and/or procedures designed to improve and remediate the academic achievement of African-American students\" .. . . And so, what he is going to testify-- what he wants to testify to is not reducing the disparity, but increasing African-American achievement. And I am going to -- based on the language of the plan, I am going to let him stick to that. MR. WALKER: That's fine. Tr. July 6, 2001, pp. 376-77. Despite Judge Wright's admonishment, counsel for Joshua continued to question Dr. Carnine about the \"achievement gap,\" leading to Dr. Carnine's testimony that improving African-American achievement should narrow the racial disparity in - achievement. Dr. Carnine testified that the Revised Plan's approach to reducing the racial disparity in achievement was to implement programs designed to improve African-American achievement. Tr. July 6, 2001, pp. 450-52. Dr. Carnine further testified that Joshua accepted that approach when they agreed to the Revised Plan. Tr. July 6, 2001, p. 452. The parties' joint brief seeking approval of the Revised Plan supports Dr. Carnine's testimony. In that brief, the parties stated, \"With regard to the achievement disparity, the January 16 Revised Plan recognizes that the only legitimate means to eliminate the racial disparity in achievement is by improving AfricanAmerican achievement.\" See Docket No. 3108, p. 2 ( emphasis supplied). Therefore, there is no merit to Joshua's argument that the LRSD did not implement programs designed to eliminate the racial disparity in achievement. The LRSD did exactly what 4 the Revised Plan called for in that regard - it implemented programs designed to improve and remediate African-American achievement. Joshua also argues that \"implementation fell short in areas deemed significant by [the] LRSD ... . \" Joshua's Response, p. 51 . To support this argument, Joshua primarily relies on the LRSD's Interim Report and Final Report which detail the implementation status of the District's comprehensive curriculum reforms. Joshua's argument fails to recognize that implementation of new curriculum programs is a process, not an event. Joshua's argument suggests that the Revised Plan required everything to be implemented on day one. If Joshua really believed this, they should have objected no later than when the LRSD filed its Interim Report, on which they rely heavily in their Response. They never objected to the status of the LRSD's implementation during the Revised Plan's term and should be estopped from objecting after the LRSD has completed performance. See Waste Management, City of Fort Smith, Bharodia and Stephens, supra. Joshua bore the burden of establishing the LRSD's noncompliance with Revised Plan  - 2.7. See Revised Plan, 11. To meet this burden based on the racial disparity in achievement required that Joshua come forward with evidence that the disparity resulted from the LRSD's noncompliance, rather than other factors. See People Who Care v. Rockford Bd. of Educ., 246 F.3d 1073, 1076-77 (7th Cir. 2001). In their Response, Joshua does not even argue that they met this burden. Rather, Joshua argues that Revised Plan  2.12.2 placed the burden on the LRSD to determine the cause of the racial disparity in achievement and implement a remedy. For the reasons discussed above, that argument is wholly without merit. The LRSD agreed to implement programs, policies and procedures designed to improve African-American achievement, and it has done so. Accordingly, the LRSD should be declared unitary and released from court supervision in the area of student achievement. See Freeman v. Pitts, 503 U.S. 467, 489, 112 S.Ct. 1430 (1992)(\"Partial relinquishment of judicial control, where justified by the facts of the 5 case, can be an important step in fulfilling the district court's duty to return the operations and - control of schools to local authorities.\"). B. Revised Plan  2. 7 .1 : Program Assessment. LRSD shall assess the academic programs implemented pursuant to Section 2. 7 after each year in order to determine the effectiveness of the academic programs in improving AfricanAmerican achievement. If this assessment reveals that a program has not and likely will not improve African-American achievement, LRSD shall take appropriate action in the form of either modifying how the program is implemented or replacing the program. Joshua's Response on this issue begins by misstating the LRSD's position. The LRSD does not contend that all it had to do to comply with  2. 7 .1 was administer annual assessments to students. That was step one in a two step process. The second step was using the assessment data \"to determine the effectiveness of the academic programs in improving African-American achievement.\" See Revised Plan,  2.7.1. See Tr. Nov. 19, 2001, p. 246. The LRSD did this, and Dr. Lesley provided the Court with several examples of program changes made by the LRSD based on the annual assessment data. See Tr. Nov. 19, 2001, pp. 247-75 . - The distinction to be made is between an informal evaluation made using the annual assessment data and a formal, written program evaluation. The LRSD did both, although  2. 7 .1 only required the former. The formal, written program evaluations conducted pursuant to the Revised Plan were referred to as the Board-adopted Research Agenda. See Interim Report, p. 53. Joshua's outline of the various documents detailing the LRSD's efforts to comply with  2.7.1 completely ignores ODM's August 11 , 1999 monitoring report. Joshua knew or should have known upon publication of that report that the LRSD did not intend to prepare a formal program evaluation every year for every program in the District affecting African-American achievement; yet, Joshua raised no objection. See Tr. Nov. 20, 2001, pp. 370-71 ; Docket No. 3289, ODM Report, August 11, 1999, p. 43. The LRSD's March 2000 Interim Report again detailed the LRSD's plans for complying with 2.7.1. Again, Joshua raised no objection. If 6 Joshua believed the LRSD had an obligation to do more, then Joshua had an obligation to put the - LRSD on notice of that belief. Since they did not, they are estopped arguing that what the LRSD did was not enough. See Waste Management, City of Fort Smith, Bharodia and Stephens, supra. The LRSD substantially complied with Revised Plan  2. 7 .1, and accordingly, should be declared unitary and released from court supervision with regard thereto. See Freeman, 503 U.S. at 489. C. Revised Plan 2.5 - 2.5.4: Student Discipline. Joshua concedes that \"[t]here is no predicate for the court to find a lack of substantial compliance with Sections 2.5.1, 2.5.2 and 2.5.3 of the revised plan.\" Joshua focuses its attack on Revised Plan 2.5 and 2.5.4. Each of these sections will be discussed in turn below. 1. 2.5. LRSD shall implement programs, policies and/or procedures designed to ensure that there is no racial discrimination with regard to student discipline. Joshua bore the burden of establishing the LRSD's noncompliance with Revised Plan 2.5. See Revised Plan,  11. To meet this burden based on the racial disparity in discipline required that Joshua come forward with evidence that the disparity resulted from systematic discrimination by the LRSD's in the imposition of discipline. See People Who Care, 246 F.3d at 1076-77 (achievement disparity). In their Response, Joshua does not even argue that they met this burden. Rather, Joshua argues that Revised Plan  2.12.2 placed the burden on the LRSD to determine the cause of the racial disparity in discipline and implement a remedy. For the reasons discussed above, that argument is wholly without merit. Joshua came forward with no evidence ofracial discrimination by the LRSD, and accordingly, the LRSD should be declared unitary and released from court supervision with regard to Revised Plan 2.5. See Freeman, 503 U.S. at 489. Joshua takes out of context Dr. Linda Watson's testimony concerning the OD M's June 14, 2000, monitoring report on student discipline. See CX 583. Joshua would have this Court believe that the District and Dr. Watson completely ignored the report. While it is true that 7 Superintendent Carnine instructed Dr. Watson not to prepare a formal response to the report, Tr. - Nov. 19, 2001 , p. 178, Dr. Watson explained in her testimony what the District did to address each ofODM's recommendations. Tr. Nov. 19, 2001, pp. 85-102. Even if the LRSD had completely ignored the report, the Revised Plan did not require the LRSD to implement ODM's recommendations, and the report itself merely describes the recommendations as \"suggestions.\" ex 583, p. 121. 2. 2.5.4. LRSD shall work with students and their parents to develop behavior modification plans for students who exhibit frequent misbehavior. Joshua's argues that the District failed to meet its obligation under Revised Plan 2.5.4 based on evidence that the District did not maintain a document compiling the total number of behavior modification plans developed and that the District did not prepare a document entitled, \"Monitoring Report of Behavior Modification Plans.\" The Revised Plan required neither. Joshua bore the burden of proof. See Revised Plan 11. There was no evidence that any student who needed a behavior modification plan did not get one. Dr. Watson testified that she reversed - suspensions and sent students back to school to do a behavior modification plans when necessary. Tr. Nov. 19, 2001, p. 136. The fact that the LRSD did not keep a list of all students with behavior modification plans falls far short of establishing noncompliance with 2.5.4. Therefore, the LRSD should be declared unitary with regard to student discipline. See Freeman, 503 U.S. at 489. D. Conclusion. Joshua concludes its discipline argument with the statement that \"Dr. Watson had a vast array ofresponsibilities, more than one person could reasonably be expected to accomplish.\" Joshua's Brief, p. 15. What Joshua fails to comprehend is that this could just as easily be said about most of the District's administrators, principals and teachers. The LRSD agrees that there were things it could have done better. It said as much in both the Interim Report and Final Report. While the LRSD strives for perfection, that is not the legal standard. See Belk v. 8 Charlotte-Mecklenburg Bd. of Educ., 269 F.3d 305, 335 (4th Cir. 2001) (Traxler, J.)(\"This is not - to say that CMS is a perfect school system - it is not.\"). The issue before this Court is whether the LRSD Board of Directors can be trusted comply with the Constitution absent court supervision. See Cody v. Hillard, 139 F.3d 1197, 1199 (8th Cir. 1998). Joshua came forward with no evidence that they could not, and as a result, the LRSD is entitled to an order granting unitary status in accordance with Revised Plan  11 . II. Summary Judgment. The LRSD moved for summary judgment with regard to those Revised Plan sections which were timely challenged by Joshua but which have not yet been litigated. The summary judgment process may be used to terminate a consent decree without an evidentiary hearing. See Cody. 139 F.3d at 1200 (\"They do not cite any cases stating that a hearing is a necessary prerequisite to terminating supervision of a decree . . . . At any rate, the necessity of a hearing depends on whether there are disputed factual issues.\"). Summary judgment is appropriate when the Court finds that there is no genuine issue as to any material fact and that the moving party is - entitled to judgment as a matter oflaw. Fed. R. Civ. P. 56(c); Celotex Com. v. Catrett, 477 U.S. 317,323 (1986). The party moving for summary judgment bears the initial burden of informing the court of the basis for the motion and of identifying those parts of the record which demonstrate absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. The LRSD met its burden by pointing out that there is no evidence of noncompliance sufficient to cast doubt on the District's intent to comply with the Constitution absent court supervision. See Cody. 139 F.3d at 1199. This shifted the burden to Joshua to come forward with such evidence. See Matushita Elec. Indus. Co., Ltd. v. Zenith Radio Com., 475 U.S. 574, 585-87 (1989). Joshua failed to meet their burden. Moreover, Joshua's failure to controvert the LRSD's Statement of Material Facts Not in Dispute means that those facts are deemed admitted. See Rule 56.l(c) of the Rules for the 9 United States District Court for the Eastern and Western Districts of Arkansas. Based on those - facts, the LRSD should be granted summary judgment with regard to all remaining issues. Joshua does not even purport to respond to the LRSD's motion for summary judgment. Rather, Joshua notes that the Court has already scheduled a hearing on the remaining Revised Plan sections to be litigated - as if this negated the need for them to respond. The summary judgment process is designed to determine whether a factual dispute exists which requires an evidentiary hearing. Joshua failed to come forward with evidence establishing a factual dispute, and therefore, the LRSD should be granted summary judgment. Respectfully Submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE \u0026amp; CLARK Christopher Heller (#81083) John C. Fendley, Jr. (#92182) 2000 Regions Center 400 West Capitol Little Rock, AR 72201-3493 (501) 376-20-1-1 -- CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served on the following people by depositing a copy of same in the United States mail on Match 15,-2002: ;;\"1\u0026lt; 1 ~Oc) 2,, Mr. John W. Walker 1 JOHN W. WALKER, P.A. 1 723 Broadway Little Rock, AR 72201 Mr. Sam Jones Wright, Lindsey \u0026amp; Jennings 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON \u0026amp; JONES, P.A. 425 W. Capitol, Suite 3400 Little Rock, AR 72201-3472 Mr. Richard Roachell Roachell Law Firm 11800 Pleasant Ridge Road, Suite 146 Post Office Box 17388 Little Rock, Arkansas 72222-7388 Little Rock, AR 72201 - Ms. Ann Marshall (hand-delivered) Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Mr. Mark Hagemeier Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 Mr. Robert Pressman 22 Locust A venue Lexington, MA 02421 11 .t'.IUDAY ELDREDGE \u0026amp; CLARK IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA. ET AL KATI:IERINE KNIGIIT, ET AL PLAlNTIFF'S MOTION FOR PROTECTIVE ORDER ANDFOREMERGENCYHEARING ~002/ 041 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Plaintiff Little Rock School District (''LRSD\") for its Motion for Protective Order and for Emergency Hearing states: 1. LRSD seeks a protective order to prevent unduly burdensome and harassing - discovery being conducted by the Joshua Intervenors (\"Joshua\") via the Ar.kansas Freedom of Infonnation Act (\"FOIA\"), Ark. Code Ann.  25-19-101 through 25-19-110. 2. The FOIA requests submitted by or on behalf of Joshua are attached hereto as Exhibit 1. Also included in Exhibit 1 are requests for information made by Joshua which did not specifically refer to the FOIA and correspondence with Joshua seeking to resolve this issue without Court intervention. 3. Joshua first sent requests for information on Joshua's counsel's letterhead signed by Joy Springer. Those requests did not mention the Arkansas Freedom of Information Act. LRSD responded that the District,.would treat those requests as discovery requests pursuant to the Federal Rules of Civil Procedure and respond to them accordingly. Joshua then requested generally the same information in a request made pursuant to the Arkansas Freedom of Information Act on the personal stationary of Ms. Springer. On information and belief, Joshua vo 1 ,:;0 1 ,:;vv,:; J.O : J4 .t'AA :\u0026gt;VJ. J'ftj ll47 t .. .lUDAY ELDREDGE \u0026amp; CLARK ~ 003 / 041 - also caused a request identical to the one submitted by Ms. Springer to be submitted by Mr. Terrence Bolden of Jacksonville, Arkansas. 3. The LRSD understood this Court's deadline of June 21, 2002 for identifying witnesses and exhibits to preclude any discovery after that date. 4. The LRSD seeks a protective order pursuant to Fed. R. Civ. P. 26( c) precluding Joshua from submitting FOIA requests to the LRSD and from conducting any further discovery before the July 22, 2002 hearing. 5. Joshua's use of the FOIA to conduct discovery is intended to annoy, oppress and unduly burden LRSD. First, Joshua's requests are over broad. Joshua made no effort to limit its requests to the issues for the July 22, 2002 hearing. Second, the request is unreasonably cumulative. See Fed. R Civ. P. 26(b )(2)(i). Many of the documents requested have already been provided to Joshua (e.g., quarterly reports and academic award reports). Finally, the burden and expense of complying with Joshua's request outweighs any likely benefit. See Fed. R. Civ. P. 26(b)(2)(iii). Pursuant to the Court's order of May 15, 2002, the documen~ will not be admissible at the July 22, 2002 hearing. 6. LRSD has attempted to confer 'With Joshua, but Joshua has not responded to our Jwie 26, 2002 letter seeking to resolve this issue and counsel for Joshua could not be reached by telephone on June 28, 2002. 7. LRSD's memorandum brief in support of this Motion is hereby incorporated by reference. As discussed therein, this Court has discretion to ei:tjoin Joshua's use of the FOJA to conduct discovery. WHEREFORE, Plaintiff prays for a protective order relieving the LRSD from its obligation to respond to the requests for infonnation attached hereto as Exhibit 1; precluding Joshua, or anyone acting on their behalf: from submitting additional FOIA req~ to the LRSD; precluding Joshua from conducting any further discovery in this case until the July 22, 2002 hearing; and directing Joshua to conduct all future discovery pursuant to the Federal Rules of 1-'.IUDAY ELDREDGE \u0026amp; CLARK (aJ00S / 041 Civil Procedure; for an emergency hearing on this Motion; and for all other just and proper relief to which it may be entitled. Respectfully Submitted, LITTLE ROCK SCHOOL DISTRICT Christopher Heller (#81083) John C. Fendley, Jr. (#92182) FRIDAY, ELDREDGE \u0026amp; CLARK Regions Center, Suite 2000 400 West Capitol Little Rock. AR 72201-3493 (501) 376-.zUl-,i.--- B : CERTIFICATE OF SERVICE 1 certify that a copy of the foregoing has been served on the following people by fax and mail on June 28, 2002: Mr. John W. Walker JOHNW. WALKER.P.A. 1723 Broadway Little Rock, AR 72201 Mr. Sam Jones Wright, Lindsey \u0026amp; Jennings 2200 NationsBank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON \u0026amp;JONES, P.A. 42S W. Capitol, Suite 3400 Little Rocle, AR 72201-3472 Mr. Richard Roachell Roachell Law Firm. 11800 Pleasant Ridge Road, Suite 146 Post Office Box 17388 Little Rock, Arkansas 72222-7388 Little Rock, AR 72201 3 Ms. Ann Brown Desegregation Monitor 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 7220 l Mr. Dennis R. Hansen Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 P:IHOMlal'l!Hl\u0026gt;UMUSD 2001~FOL\\+2Ul . ....i ~ 00 4/ 041 4 \u0026lt;USClll!L ff. PMlt.Y 11'11\"\"1  AM '4. $(JTT01'f, P.A. M. 21$.EMAN. /\u0026amp;.. P \"  stw.. P'.A. A., alJl'TlY., .A =aEOE:IUCX S Ut.SEI.Y. PA, JSCAI.C. CIAVlS.JI..~ r .A. 'AMG.1 C. ~II\\.. f /'I. ntON,\u0026amp;.$ t . UGG1ft, P.A. 'Offli! DWEY ,.-,.T.S01'. l'.A Al.It. 8.. IEl'M .. SIL ,..t.. ...AI.RYW. l~.1.A. \\ . WYCUJ,f'f liflSIGT. IL, r A. 1ANES ED11'AU l'lAUJS. I .A I. NUWf MALCOM. .A. IAME,S IC Slta$0N, P.A. 1ANES N , S.\\XTOM. t .4 . ' Stu:rt1c~ USSLL Ill. , ,., :IOHALO H.. AACOfrl. r .A. IU.tAM THOM.Al, ,A.:ir1'!.' P.A. UCN.-.\u0026amp;0 0 . TAT\\.Ot. f .A. 10.SEIH I . truUT, J   , f.A. IUZAIETII KOPllll\u0026lt; f,WUAY. P.A. CKIUS\"T'Of'tfU: ~ P..A.. LAUI.A Kl!JISLtY SMITH. P,,._ 101~.T ,. :,u.a. -1'.A.. rwA.M M. c-,FptN m. , .A. \u0026gt;UCHA.%1.. S MOOU. f .A. DIAf'l'C S . MAO::E'W\", P.A. W.A.LTU \"' ,aCt.1(1. P A. r..CYI,.. A. Cl.ASS, P.A. WUJ.l\"N A. 'WAOOG\u0026amp;.1.. Jk._ \u0026gt;,..._ SCOTT J. \u0026amp;.AZ\u0026lt;ASTek. P.A. l01lC11.T O DEACK. JL f ,A. J. ~e llO\"'N. P.A. JA.HES C. BAS:P.. Ja.. r .A. .....UY A. UGKT_ r A. SCOTT H. tuaea. ,_,._ GUY AL TOH w..i,e, ........ Ptuee C. CAAJ\u0026gt;H1.. P.A. TOf\\11.t. \"  JONES. I.A. c,,-..YfO D. 'fillSOPI. I .A. IEHI.EY tf. MOOK.. f .o\\. DA.VIO M. GllAl'. P.A Via Fax No. 374-4187 Mr. John Walker JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR 72206 FRIDAY ELDREDGE \u0026amp; CLARK FRIDAY ELDREDGE \u0026amp; CLARK ATTORNEYS AT LAW A LIMITD LIA81LITY PARTN!l'l5HII\" www.ftid3)'rirm.co'\" 2000 RfGIONS CENTER 400 WEST CAPITO~ llTTle ROCK. ARKAN5A51220ll,.193 TElEPHQN(; 501-318-20! I ~AX .S01-37S21'7 , .. ~s NORTH FVTRA\\.l OAIVf. SUITE 1~ FAYETTl!.Vt.l~. ARKANS.\\S 72711~'611 TELEPHON'C! 17Q..HS-201' ,A.It  T .. HS0ZHT 20 NORTH FIFTM STRC~T tLYTh~VfLLE.. ARKANSAS 12315 'l'ELeP\u0026gt;\u0026lt;Or\u0026lt;f f70.71MU8 ,.;., t70-71.2...J.Ott June 26, 2002 CAIU.A CUWMl'.I..S 3PA.ffllt0Uk. \"\u0026gt;.A.. JOlctf ~ #.l.HOlEY~ JL t ,A. JO,-,,._..,.. UJZA.BETH CONIQUO. P.A It o,aUTOtHr.A. LAWS()H, P.A. rAAW C. fOCCMAJlf'. r A, otTTV J, OEMOKT. r .A. L'l\"'NDA M. JOMMSOlf. P.A. UHBW . .SMJJ'11.J'. \"- QJFPOM W, PUJNllTT, I .A. OA.Mct. L t\u0026lt;EtalNGTOH. , .A, MAltYIN L CIALDEAS JI( .COLEHAH\"111'1rnJtfl,O,Oll', a . AUJSO'tril J. C01l)rl'WEU EU.ntt owwt JASOl'I a. lfEND\u0026amp;E\u0026gt;\u0026lt; sivce a. r,a.-ru. MICHA.EL E. S:A.\"'1f'6l' ,::ELLY MU11.Ptn\" M.CQUlEN JQSUHr.MCCAY .a.LEXAtt01.A ,.__ !fl:.AN' JAY' T. fAV.L.01. M.utTJf' 4 \"-AITEN' Re: LRSD v. PCSSO Discovery Dear John: ~006/ 041 B1CY.a\u0026gt;nr, 0~ fOSUH G. NICIIOLS 108.IT T. SIICJTH \u0026amp;YAW A.. 10,..MAW TlMOTllY C. EZEl.L ? . MlQCCt,,L. A1'()._ t:.Aa.EN $ . KALIIEllltT SAIIAH \"'- COTTO\" rf'flL,.lf' A. NONTOOMJtY C.WTEtf :S. IJGGINS At.AHG. BllYAN UHDStT MIT01AM SLO~W KJtA.y\"(-,M fltl( tDDfN(:$ fOff'N f. HlSEl.fCH ,.._ I .S. CLAfUC  WILLIAM L 1'Elta.V Wf\\,1.IAM L , .. trow. JL H.T. 1.AAZnau, P.A. JOtOf C. CHOU. P.A A..0 MCAU.tl'TTA. C:,.llb$TOPkEtt HEt.lER LITTLE ROCK TEL s01 .. n, .. n,. FAX Stt-1:SJU t1t1t~f.~.t11 I am writing in an effort to resolve our dispute concerning your use of the Arkansas Freedom of Information Act to conduct discovery in this case. We received several requests for infonnation from your office on your letterhead signed by Joy Springer. We responded that we would treat those requests as discovery requests pursuant to the Federal Rules of Civil Procedure and provide the requested information in the time and manner set forth in those rules. We have now received a request from Ms. Springer on her personal stationery seeking all the previously requesled information and more pursuant to the Arkansas Freedom of Information Act. l feel strongly that the Freedom oflnfonnation Act should not be used to circumvent Federal Court procedures or to unduly burden the Little Rock School District as it works to prepare for the July hearing in this case. In order to resolve our dispute and avoid our having to seek relief from Judge Ray or Judge Wilson, I will agree to treat the FOI requests we received from Ms. Springer this afternoon as discovery requests pursuant to the Federal Rules of Civil Procedure and provide a response accordingly. Please let me know if this proposed resolution is acceptable to you. Yours very truly, Christopher Heller CJH/bk cc: Dr. Ken James PlAINTIFF1S EXHIBIT 1 .1.-lUDAY ELDREDGE \u0026amp; CLARK (aJ007 / 041 Dr. T. Kenneth James Superintendent of Sch~ Little Rock School District 810 West Marlcham June 26, 2002 RtcEJ\\IE!) JUN 28 2DDl SUPT'S OFFICE little RDcl; AR 72201 Deac Dr. lames; This request is pursuant to the Arkansas Freedom oflnfonnation Act. Would you please provide for review, mspection aod copying the follo~og information: l) all files maintained by pr~OU$ superintendents in Ms. Griffin's office area on each of the District's schools for each of the last fi,,e years; 2002; 2) the minute$ and agendas of the District's compliance committee meetings since January, 3) all disaggregated data results of all school climate sutveys administered during 1hc .last iive years;  . 4) aJl academic award reports for each secondary school for each of the last :five years; years; 5) all senior rank lists by race and gender for each high school for each oft he last three 6} all school semces quarterly reports for each of the last five years; 7) all program evaluations prepared by 1he divisions of administrative services. school services and instruction for each of the last tive years; 8) all master schedule audits for each of the last five years; 9) the current swnmer school enrollment by race and gender; and 10) all minutes and agendas of the Activities Ad\\lfsory Board. May I r~iewthis information by 10:001un. on Monday, July 1., 2002. Thankyou. Sincerely, Terrence Bolden P.O. Box 5980 1acksom,lle, AR. 72076 501-985-4846 vu , .ao , ,.vv .. ..1.0 : .\u0026gt;o rAA ;iu-1. J/0 ;.: ,1 4 1 flUVAY .t::LDREDGE \u0026amp; CLARK .JU'l .26.2002 1006Frl JCttl W 1-JALKER P ~ Dr. T. Kemietb.James Superintendent of Schools Little Rock School Disttict 810 West Markham Little Rock, AR 72201 DearDr-.J~: FROM THE D,E SK OF JOY C Sl\"RINGER June 26, 2002 ~008/ 041 f\".1 This request is pursururt to the .Arlcamas ~ ofIDfvmration. Act. Would you please provide for review, inspection and copying 1he following mfor:mation;- I) all files maintained by previous superixrtendem:s in Ms. Griffin's office area on each of the District's .schools foe each of the last five years; 2) the minutes and age:adas of th~ District's compliance committee meetiPgs since Jamiary. 2002; 3) all di~egated ~ results of all school climate surveys adro:rnistcred dutingthe last nveyears; 4) all .academic a.'W\u0026amp;rl reports for each semndary school for each of the last :five S) all senior Imlk lists by race and gender for each high school for each of tlie w:t three years: 6) all school services quarterly reports for each of the last five years; 7) all program evalcations prepared by the dMsiOJlS of administtati.ve services, school services and insuuc.tkm for- osch of the last five years;  8) all master scbedule andm for eai:h of'the last 1ive years; 9) the cmrent summer sclmol enrollmeDt by race and gender, and IO) an mimrtes and agendas of the Activities .Advisory Beard. 1n ~rdance with the Freedom oflnformation Ad:., this infurroarltJn should be provided within tweuty.four bours. Smee I will be out of town OQ tomorrow :fbr the remainder oftbe week, I am requesting that the itlformanon be made available on Monday moroing at 11:00 a..m. 06/26/02 WED 14:01 (T.VR.\\ :'-10 9~~1 I vv , .o, -vv4 iu . Jo r.a.,. aui JIO ~i4t ~KlVAY tU\u0026gt;.IO::V~t \u0026amp; CLAJ\u0026lt;K JU'i.25,2002 10:06AM .JOI-Ii_ W W~ER p R Thank you fur ~our attention to tlJis request. , ~ ~ ~c.s~ 22osruce Lit11e ~ck., .AR 72202 Telephone- 501-372-3423 Fax - 501-374-4187 N0.463 ~009/ 041 P.2 06/26/02 WEI) 14:01 ITXIRX NO 9lll.1 I lltU\u0026lt;:ltt.L IL , lt.ii\u0026gt;A Y ('n-\") 'IIIL\\.l\"M II- Jll!'Tf\u0026gt;)I. \u0026gt;_,._ ano)I ,._ J!JJDWI. JL. , _,._ J0l.fl..ltU.. ,_..._ 1i-lll'TitY.P,A. Ola\u0026amp;. UUZJ.'I'. P.A. \u0026gt;CA\u0026amp;IL DAYI.S.JL. P.A. JAMSI' C. a,\u0026gt;.a\u0026amp;. JL. P.A. TIIONAS P. Llt042ff. \u0026gt;.,._ JOH)l l\u0026gt;~P- wnox. ,_,__ PAUl.JLIIDIIL\\llm, P.A. u.a\u0026amp;T W .  UBS.. P.A. A wY'CQ.JPP'HISBJ!T. IJII.. Jl'.A. JAIUSS mw UD IL\\MJS. , .A. J . J1Ut.Lff M\"-lCOM. f' -1\\, JAMA .N. SIMPS0\\11. t .A. 1\"\"'1:$N. S,UITO!f. P.A-J. $llltlll~ ~l!U- Ill., . .._ DOMAl.D 11. JIACOJt. t.A.. WD.1.1.AN f'BOMAJ BA.XTO. P.A.. RJ:CILU.D D. TATI.Ol.. P.A. ,osusa. RUUT.JLr.A. EUL\\.BETH ROBBoH M'UUAY. P.A. OINSTOJ'KD 101J.:u. f .A. 1.AOMNDSUTSMITILP.A. IIONkt i. SIIAin. ;_,._ WILUAMM. CaJRIIIJIJ.P.A. lGCJ:IAD. 3 . MOOU. I .A. DLUE 1. WA.CEEY~ IJ,,.. WAI.JDN.oa.m.,.A. ltE'Y!lfA.CJlASS.P.A. WJLUAN A. WA,OOU,L Jk.. t.A, $(Ott J. \\..\u0026amp;l\u0026lt;~t ..... JOJU.T 11. JEAQI. la.. P.A. J. LU aao-. \u0026gt;-4- JAMU C. IA\u0026amp;'.D. JL. P.A. Klll.Y A.. UOlff. ? . A.. scorr a. TUca.\u0026amp;. , .A. GUY ALTON' WAD.I!. ,,.A.. Pl.la C. G,UUHG\u0026amp;.. I.A. i0HlA. JI. \u0026gt;ONE.a. JA PAYJDD, \"'1U'Ofl,P.A. 181J'JU!Y K. HO(\\U. P.A. DAVIII N. CkAJ'. t.A. Ms. Joy Springer John W_ Walker, PA_ 1723 Broadway Little Rock, AR 72206 VIA U.S. MAIL AND FAX: RE: LRSD v. PCSSD Dear Ms. Springer: .t-K.lVAY J:;LDREDGE \u0026amp; CLARK FRIDAY ELDREDGE \u0026amp; CLARK ATTORHEYS AT LAW A LIMITED LIABILITY PARTNERSHIP ..w Jr1dayllrm_eom 2000 REGIONS CENTER oo WEST CAPITOL LITTLE; ROCK, ARKANSAS 72201-3493 TELEPHONE 501.378-2011 FAX $01-376-2147 :7?$ NOJltTH FlJTJtAU ORf\"'E'. avne 10, ,,.~!TTfllli.U:, AJll(AHSAS 7VOMl11 TEU!.JtOlt( fMd-z01t ,u Jt-H$-2,.7 208 KORTH JIJTM STIIUT 15LY'fttEY1\\.L,. A~AM$~$ 7ZS1$ Te~EPHONe ett-1e2-20H ,AJ\u0026lt; t7~712-z,1 June 24, 2002 374-4187 CA.Jtl.A GUJfJG:U $PADtOUll.7..A.. JORN C. n:Jl'DUY  JL. p .A. l0-IIJZAIIITII COlllC:UO. P.A. L QlIST0PHU UW$0N. P.A. n.u, C. WCI.MAN, P.A. B~ l . DMOkY, I .A. L.~J\u0026gt;A M. JOJDiSO)t. P.A. IAMQ 'W. $MrTJI', r-4- CUfPOltb W. N.IJNU.ff, f'.A.. DANIELL Jl'DaJHGTON. P..A. NAllYIML. \u0026lt;:1111.l\u0026gt;AS C.. COLEMAN WESnllOOE, It. AU.Jnt,. CO~L LUNM.OWEI$ JAS'Ot49..~ aauaa.notrE.,.L MIC'llAIU. a. ~IY' lt!U. Y MllllPKY NCQIIUN J0$~\u0026gt;17. HCMY A~OtA A- ltkAN U.Y t. TVl..Oll MAaTIN A. ~'fN'  ~010/ 041 BAYAJIW. DUU JO$Zl'IIG. N1Cli01.S IO\u0026amp;D.TT- SMlft Y A)t A, OOIINI TJMOTRYC.= \"[. MICJIZll.Z ATOR LU.El L JIAUIEll :SAllAJf N, C'OTTOJII nttur   H01'f7!iOMIJlT lll!fflf$.IUGCI?\u0026lt;$ ALAMa. aavAN LDfl\u0026gt;SEY MITCHAM Jt,.OAM DAYY....,. M. U\u0026gt;Df)HH IOIIN F. PESEIUCR orc;OV\"'ID. a.s.cuu: ..-u.J.lAlC L TEllY TU.l.JAJIII t.. 1' A.TYO'M, JW... H.Y. UJIZELEJl.. P.A. 10KIW C. EOfOI.5. P.A . A.11.MCAJ.Llnn JOHii C. ,CNOL..{V_ Jlt. Lm~E ococ TELSH~7~ FAX 511244SS41 fflldl9yOfc.-nt This letter concerns your requests for information submitted June 11 and 12, 2002. We consider these to be informal requests for discovery and have advised the District work to prepare responses within thirty days of your request. We hope you understand that preparation of responses to your requests for information can be time conswning. Giving District personnel thirty days to respond will hopefully ensure that they are not forced to neglect important District priorities. We appreciate your cooperation in this regard With regard to your request for information dated June 11, 2002 to Dr. Hurley, we are concerned that this request relates to the lawsuit .filed by Mr. Walker on behalf of Jim Mosby. It would be inappropriate for the Joshua Interveners to use their monitoring role in this case to assist individual District employees in litigation against the District. Moreover. the Joshua Intcrveners should support the District's effort to provide a certified principal for the students at Southwest Middle School, an overwhelmillgly Aftican-American school. Due to this concern, we have advised Dr. Hurley not to respond to the request until we have had an opportunity to discuss this with you. Ms. Joy Springer June 24, 2002 Page2 Please give me a call at your convenience to discuss this request. Sincerely, ~t~ Jolm C. Fendley, Jr. cc: Dr. Ken James (by fax and mail) ------ ---- ~011/ 041 FRIDAY ELDREDGE \u0026amp; CLARK He'I.So\u0026amp;El. K. F'lUlAY (1911.ltt4)  U~ H. SUTTON, P.A. ON N. ElS\u0026amp;MAli. ,._ P.A. D. ULL.P.A. ES A. DIJTTI.Y. P,A. fJU;OEIJCk f , Uu.t.\u0026amp;Y. r .A, OSCAaE. DAYlS. JL. P.A. JAMts e. Cl.ANt. Jll,. , .A. Til0M.S p, I.ICICP:TT. t .A. JOHN DE\"WEY WATS:OH, f.A,. , AW.. ... BDlll,Uf l1L , ..A. LA.RJt.Y W. a\\11.1tJ, P.A. ,._ '\"OUJFFll158ET. Ja., P.A. JANES EDWAID HAU.11. P.A. J. P.HIUJP MALCOM. P.A.. JAMES N. 5,UIIPSON. P.A JAM~ M. SAXTON. P.A. J, Sh!PW!G JWSSEll. UI, P.A. PO)rr,IAU) H. !ltctn't, P.A. WII.L.lAM TMOMAS BAXTER. P.A. ltlCM.A'l.t'I D. T1'Yt.O-.. 1.A.. J0.11'\u0026gt;4 II. nu-ST. Jll. P.A. EU:t-t-ATll llODDlill '4UU.AY. P,A, CHJJ!TOPHEl mUE1. I.A.. L..Wb HENlUY SWJ'TJL P.A. at08E.AT S. ZHAJ\"Ea. '-' WJIJ.IAM M. CJUm)l lll , .A. M\u0026amp;CHAll S. ll,IOOR'- F,A, l\u0026gt;LtJG: I. \u0026gt;U.CX.EV .. I.A. WALTUM. 851. JU, P.A. \"'VIN A, CA.US, P.A. Wll.l.lAW A. \\VAl)P,J!U. JI.., P./\\. SCOTT I. l..t.HCAl?P, P.A. I.OBllT B. UA(K. JI- P. A.. 1. LEE aaoww. , .,._ IANES C. Billi. 11.. P.A. MAU.YA.. UGNT, P,ASCOTT H. ruao.. p .A. mrY At.'TONWAll'E. f .A.. PJ.lct C. GARl\u0026gt;lfll.. P ,A. TlffllA P. JONU.1'. A.. OA.VID D. WILSON, P.A. J?l'FREY IL MOOll. P.A. DAVID M. GMI. I .A. FRIDAY ELDREDGE \u0026amp; CLARK -.noRNEVS -.T t.AW A LIMITED LIABILITY PARTNERSHIP www.frloay11rm.com 2000 REGIONS CENTER 400 Wl!ST CAPITOL LITTl.E ROCK. ARKANSAS 72201353 TELEPHONE S01-376-2011 YAX 5013752147 '425 NORTH FVTRALl 0ilUVE, SUITE fH F'-YeTTev,~ce. Alll(A~SAS 1210311 T.ELEPHONE \"'71-,\u0026amp;05'-2011 F,.X 1t-t9'3-z,a7 201 NORTH FIF'TM STR,~tT ILYTHfVll,,1.E. A,t.UNSAS 72.215 TELEPHONE 870-TU-2891 FAX 17G-74!12'-1tHI June 24, 2002 [] Copy and return withP.O.T. [ J Return P.O.T. only TELECOPY TO: Joy Springer Dr. Ken James 374-4187 447-1159 FROM: John C. Fendley, Jr. MESSAGE: See the following re: LRSD vs. PCSSD. C.UA Cl/llllEU SPAl1'llOOR. 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MJCHELU.-.TOk KAJ.SJrf s. HALBD.J' SAIWI M, COTTO,, t-HlUt a. ~OJlilC~\"'r WS1EH !. .RJGGl\u0026gt;ll Al.AH G. AYAW 1..n'DiEV NrTCH.AM ~LO~ 'CRA\"YYAM M. i:mln:IC!:. JOHN f . PEISEJUCH OTCO...,.at. 'B.I. ~ WU,.UAM L T!JtKY WfUlA.M L FATTON, JL H.1, ~UIIII\u0026lt;. P.A. ,OJI)\u0026lt; C. tel10LS. P Jo. A.I). MC,.1.1.lfflk .JOHN C. FENCL.I!\\' , .IA:. LITTLE 11.0CK T\u0026amp;l. H1ITilll21 ,AX S1\u0026gt;1 -liUNt1 fe.ifley0fc.r,et CONFfDOfflAIJT)' NOTE: TM inf-01;0,,;,, lilisfoulJrtll,,_llrlJ/ iJ /~1-,pri\"\"ttei and cOftfld-'ol lwftJfflt11io,, f,i1111dld \"'\" for lilw ,,., q,,.. ldMd\"I o, .,,n,y ~ HfJW. J/!Mrmdtraf llti.s ma:rtq;r is mw ,~ ~d ripienJ. 10\" are trerd,y ,rQlijlo:J rlt4r o,u, d(IJetn(notlon, Wtrilnuioo or a,,_y qf lht: tnuumiltal U strialy proltlblted. Jf)'O't ,....;,,ethi, uruuflliJm/ ;,,,,..,, pJns, i1010\u0026lt;1Potdy-i/J,\"' f1i, 1d\u0026lt;plto,,c. .,,_,~.,,, 1J.e.,;~ VMSlltitlal to..: o\u0026lt; 1N:ebtN,11ddrcs..., Iii Uolu::dSUUc Po,10/ Suvicc. 71,anJc you. F:~\\10IIMS\\l'AXll'alef\\:prioi.,..,;.,.....,., .flUDAY ELDREDGE \u0026amp; CLARK 06/24/02 MON 11:53 FAX 3432 ********SSSSSSSSSSSSSSSSSSSSSS *** MULTI TX/RX REPORT *** ****************************** T.l/RX NO INCOMPLETE TX/RX TRANSACTION OK (1) 93744187 ERROR MP~CNF.J.. tC. PllbA ( ,1,n1!11JI w,v; ..... ,L iunu . t-.A. DVIIOM M. C,JJIIIIJt JL 7.A. JCIUU. Ul!U..,,A. J11,,-r.,.  . U\\ffTAY. r A Clli:.Klc;:\u0026amp; J , v,:sa: ~Y. I .A. tnCAt! tJAWIJ. JI. . I A.. J\"\"f-~ C Q , fltilll\u0026lt;., , . r.A. 'l'rt(I~--$ \"  J..#JC)l!T:. .A. JOUM Dli\" WAnnw. ,.,.. PAV\\. If. UCtnlA.M m f.A. L4JUI.TW,ll\\l~P.\\.. A. w,a~lfP' Jrttt.t9E ', ,n., ,-. Jri . JAllfU CnW,ULD H!'ll:a,s, ~-\"  J. r,ow, MALCOM, \" \"  J,a.MC., ~ - :CMPJn)II, , ,.\\.. JAMU W. !;.if(IW, l'.A. J. $HUHP.R\" ldJ.ilr.J I., ut, .. ,A, OON.\\LO '9, a..OON. .,\\. \"1LU)\u0026amp; f.t(JM~ (I\\J:'f'e., r.,\\. 1.u:uaatt b . 1'11Vt.(U , , .-. JOJl'J,t JJ. ltlJM$'1', Jt, ,  A. (2) 94471159 OU~Vltnl ,_Oita! MUM.\\Y, P.A. ClllU~TOntUl.ll0J..D.i I .A. UlJM Ut1Ni1.n .s.MJTN. t .A. KOn11T 1, iMfEll. P,._ 91fll.UAM N, .C:._,fJlN JU. f ,A, MtCIIA.1. $. -.uUK.. P.A. OfANE s. wu;gy. P.A. 1114.l,,~N. lflltLut. r.A. U:YIJI I\\. :M!li, P.A WU.1..1AM A,. WAeDE'U., Ja... f'.A. S:C'O't'f I. C..ftflf'CUTEt., l',A. llOHIL1 I . lf.\u0026amp;OI. IL. P.A. I . Lt l\"JW7f. , .A. JAMA.ti ~  ._KU. JR., P  Jt,tt,kll'\"I  UC\":MT, P. 11,. u:aTT N. TIJQCJ'.a, ..... c:vv t.TON w\"ot. t .A. PD.ICF.. r.. ~DMF.X. ,  TOWIA ' . iowr;S,, )' A., l\u0026gt;AVlf1 r,, WU..fON, I\"  ltfi\"-tY n. 114(\u0026gt;(,1,.._ V.I\\. \"'\"~u, M. C\" r A , FRIDAY ELDl1EDGE \u0026amp; CLARK ATTORNEYS AT I./IW A LIMITEll llABILITY P\"lliNERSHIP www.Wdarfirm.cofft 200a fttGlONS t:l:NTel't ,oo WliST CAPITOl Llr(LE ROCK. ARKAIISA$ 7:!201-393 TELEPHONE 5D1-J75-Z011 rA'/C. So1.376-2147 ~a.\u0026amp; NoltTH F\\IT1'AU C,AlVE. SUITli 111.S ,-..,fTTfv1u.c . ..,,_KA.NISA$ 1no3-   11 T!I e:P'4DNE OHt,S-2011 'AX 470.tDS..atd 291 -TH Flf'TH STllET 91.YNeVILLE, ARKANSAS. 72315 T'l,,tt\"'10NC 10-11.JJHD ,uro-nz.z.,, June 24. 2002 [ J Copy and return with P.O.T. [] RetumP.O.T. only TELECOP.Y TO: Joy Springer Dr. Ken James 374-4187 447-1159 FROM: John C. Fendley, Jr. MESSAGE: See the following re:~ vs. PCSSD. !:AM.A C\\INWl!U IMIIINOII\u0026amp;, P,A, JUffff C. fl:.\"l'IOLCi  .t'- P.A. .OMAN CUZ. ... L'TII CUNllil.lO, , ,A, J.. QfllSTOfREJl V.Wi()fl( , P. A. ~ow, C IIICCMAN. P.A. ~ltTTf J. OatOltl'. , ,,._ l,Y?IUIII 'l. JUJINSON. f.A. JI\\MU,  - n1n1L t ,h. (..\"\\,fPl\"IJa.o W. PLW)tl1T. I.A. \\\u0026gt;Af'Uli:t.. L HEJJUfilCSTON. 1.A. NhlLVIN L.. CNIUJa.$ \" C:01.D\u0026lt;A-~ WESTOIOO\u0026gt;:. JL MJ.J,SON J. COUWIU t~UNM. OWE\u0026gt;IS \"'\"'\" a. IW/l)al)I IUJCE: I . 'TtOWlJ.I, MtcHA.EL t. kAPEY 1'.ELLY MU\"INY MD)IJF.fhit JOSEftU. Ma.AV A.I.Z);.-.ND\u0026amp;A. A.. IFAA N JAYT. T.AYU,. MAkTl!II A . ..::,1,sT,.-,I TOTAL NO. OF PAGES INCLUDING THIS COVER SHEET_3_. IF YOU DO NOT RECEIVE AIL THE PAGES - PLEASE CALL BACK ASAP (501) 376-2011 TRANSMITTlNG .FROM: (PLEASE CIR.CLE ONE) AUTOMATIC FAX RAPICOM 200- (501) 376-2147 AUTOMATIC FAX RAPlCOM 200 - (501} 376-6369 141013/ 041 Olll'Aflf ft, CIUltl,; J('tC~ \u0026amp;:., flllt~'\"IWLS IIIOUtltt Y. 5KITII kfAtt A. ,uwM.Ut TIMQ\"fllV L'. e:i.eu .. T. lliNC:ucu.u ATOii!. K.tketf :.. lfALOl!A.T t\u0026amp;IA'1 M, l))nUN r1nur ,. MOl'CTUOM[J.Y ~'ff7fl'Clt 4, Rlt.G1HS AlAHd. YAN 1.INNUT MJTCMAM S\\.OAM IUl.l'YTA.M-. ~oon,rr.s JOKII r. '\"JlCCU atr.s..a::na. p,J. t:\\.AU. WIIJ.'AM L TEU.T WIU.IAM L fATT'ON. JIL ILT. wUZ.1!1.llt;, M . 101\\H C. El:jfOU.. P.A. ~.l'. MCA .. ~Uf~ll. JOHN C, tE1'LC,t..(.'r, '\" LITTLE oclt Te'L H1a;iJOJ:q~ FA-~HJ44-$:J41 ........ ,a,., . ., .. FRIDAY ELDREDGE \u0026amp; CLARK 141014/ 041 JllN. 24.2002 4!~f't1 JPBN'1.W~ Sill. WN CHILD6 Ms. Sadie.Mitebell J\"OnN 1,4 WAI...J\u0026lt;E:R p ~ JOHN W. WALKER, P.A. Affl:\u0026gt;.aNSY Atr LAvr 17.231'\\acwJwA.Y .l.mI.Z.Rocg;,ARXANSAS 72206 T~Ni (Slll) S7+-37oS PAX (501) 874-4187 Associate Supcrixltcadcnt for Scbool Services I.itde .Reck Sdlool Distria 810WcstMmbam Lin1e Rock, AR 72201 Dear Ms. Mitchell: Would you please provide the following imo.tmation: N0,44S (:J. W:11;\"\"\"_,l) All disaggregated data results ot\"all school c:liinate surveys adrninist~ d~g the 2001-.2002 school year; p I'\"; .. r..:,.,.J 2) All a.c.ademic awards reporu for eac:h secondary school f.or cac:h.oftbc wt three years; and pv-: ,,_~ f'\"' I 3) All scmor raQk lists by race and gaJder for each high school for each of the last three~. I plan to be in your buiJding on Wednesday. I will drop 1'J,' your office on this dKtc to eheck tbc status oftms mformatioa. Thank you for your attention to this request. JCS/ P .2 JOHN W. W'.ALKP Sl!Alll'N C!DI.DS Dr. T. Kenneth James Superiuteodem of Schools Little R.oc:k. School Distrlct 81 O West Markham Little Rack, AB. 72201 Dear Dr. James: JOBN W. WALKER, P.A. Anomr ATLA.W l 723 BICWJW.\u0026amp;r !.muc ~ ~ 72206 TD.BPilon (601) 37~5\u0026amp;  FAX (SO~ 81H187 Via Facsimile )W1e 24, 2002 Would you please provide for review, inspedion and copyine each of the files maintmd by pf\"e\\liogs supeimtendents .in Ms. Griffin's office area on each of~ Distric:' s sc3iools. I will be looking for. tlffiODg other thiDgs, all }'are:nt complamts, individual or group, petitions, letters or atherwi,c, for each ottbe last three years. r 11/0llld appreciate }.(s. Griffin mald.ng these files a.vailable on Wedfles\u0026lt;hy morning arou:nd 10:00 a.m. Th8llk you for your attem:ion to this request. JCS/ P.S_- f have also pxeriiously req11ested that yau provide the mi.mites ml agendas of the eompllance committee meetings since Januazy, 2002. Your cooperation. in al!o makmg these iteins available 011 Wednesdaymommg is appreciaud. 141015 / 0 41 JOHN W. WAI.ltER SR.t\\WN CHILDS Dr. Kenneth James Supermtendent of Schools Liale Rocle School District 810 West Mark.ham Little Rock, Arkansas 72201 Dear Dr. James: l-'.IUVAY. ELDREDGE \u0026amp; CLARK JOHN W. WALKER., P.A. A~AxLAw 1723 B!0.ADWAY I.rm.! RDCX. .AIXANaAS 'i'2206 Tw:mom: (501) 874-8758 FAX (501) 374-418'7 June 21, 2002 [4]016 / 041 OF COUNSEL ROBEl1'1' Md!ENXY, PA DONNA J. McHENRY 8210 HDDmaN RQAD um.z Boa.~ '72210 l'IIO.N11: (SOl) 372-SCS  F.Al(50l) ~ ~ mthemy~11.~ Please provide by return facsimile a copy of the petition by teachers in support of their choice for principal at Central Hi2b School Thank you. JCS/cac - --- RECEIVED JUN 2 4 2002 SUPT'S Orfh.,c J'OHNW. WAI.EE!t sHAWNCBILDS Dr. T.KezmethJames Superiute.D~ af~ols Little ltock School District 810 WestMmxbam Little Rock, All 72:201 De:arDr. James: FRIDAY ELDREDGE \u0026amp; CLARK JOHN W. WALKER, P.A. AmiNB!Arrl.B 1723 BllOAlJWAY Lfm.El\\oQi ~ 72206 Tl!LmlONS (SO'Jj S7 4-3'1S8 'FAX (501) 374--4187 Via Facsimile June~ 2002 Would you please provide to me the agendas and .mi.mtt2s Qf the compliance team ::meetings since 1ammy, 20oz to present. Thank you for your CQoperation. ~i.e .. __ . - \"'lf!.springer~ Ou Beba!f of JQSbua JCS/ @017/ 041 FRIDAY ELDREDGE \u0026amp; CLARK 86/11/2002 12:10 5013242090 .ru-1. 11.2002 10;~ JOli'f W ~ P Fl Dr. FJclmrd Hurley ~rof\u0026amp;manRt~ Lit:t.te RQck SdiooI District 810WestM.arldlam Little Rock, AR. 72201 . Dear Dr. Hurley: JOBN W. WAIXER., P.A. .M'l'ORNiYMLA.W 1723 B1IOAJ\u0026gt;\"7A!' I.mu :aoa. ABIW\u0026amp;S 12.206 ~ ~1) 874-8158 Fil (501) 874-418'1 Juue 11, 2002 14)018/ 041 PAGE 01 I m11 writing to request that you proYide to me tbe names all Distr:ict employees who hold the position of Associate Superirrteodem, ~ Supmm~ Principal. Assistant PrineiJ\u0026gt;Slt Oircctoi, Coordluator aDd Supervisor ittclucfmg their educational baclcgroand and respective certifications. Your aneuiion to thi$ tequest is ap~ r;;~ 1oy C. Springer On Behalf of Josb\\ia ]CS! 06/05/2002 16:43 501-324-2213 JOHN W. WALKER SRAWN QDLDS Ms. Sadie Mitchell l-\".IUDAY ELDREDGE \u0026amp; CLARK SCHJOL SERVICES JOHN W. WALKER, P.A. AlToRNEY A:r LAW 1723 BROADWAY Llnu: ROCX. ARXANsAs 72206 TuU:rHOi-r\u0026amp;(501)27+37S8 FAX {501) 374-4.187 Via Facsimile May 31, 2002 Associate Superintendent for School SCNices Little Rock School District 810 West Markham Little Rock, AR 72201 Dear Ms. Mitchell: ~0191041 PAGE: 0.::/ '. : Ot'CO!.i:-:;;~~ ROBERT McHENlI~: :: ... OONNAJ. M~Jit::-!l  8210 Hl!l\u0026lt;DERS()S ;..:;,:.: Llrn.E Roc1'; Altl\u0026lt;A\u0026gt;I!;,\\$ 7:.::.: ! PHO!\u0026lt;: (SOl) ~2-~A:lS  FAX (Ml) 372-:\u0026lt;~'. . FM.t.ii.: mchcnnd@.1'\u0026lt;0;, .~,- Would you please provide the following information to me at our meeting on June 15, 2002: l) the number ofSllldents enrolled by rac.e and gender in summer school for the current school year; 2) the elementary sites for summer school; 3) the secondary sites for summer school including middle scltool; 4) the number of students enrolled by race and gendc:r in summer ~bool fur each of the past three years: (98-99; 99-00; and 00-01) at the elementary and secondaxy levels; 5) the subjects being over during this year s summer school at the secondary level; and 6) the subjects that were offered to students during the years 1998 through 2001 at the secondary level. Would you also please identify the year round schools? Pio.ally. would you please advise whether there are discussions regarding the elimination ofEnglis.h and Math io summer school. I loo.le forward to our meeting. JWW~s 06/ 05/02 WED 16:57 fTl'./Rl NO 8636) VU / .:.0 1 .:.vv.:. .LO: JII .l\"JU. ;)UJ. JI O ~J.4 ( !-\".IUVAY ELDREDGE \u0026amp; CLARK Ill 0201041 11/17/95 14:52 ~IGHT, LINDSEY, \u0026amp; JENNINGS - l'O.l~ t'WVWb A~~:0-94 TU 15:45 US .DISTRICT CLERK FAX HO. l50187Z4612 P, 02 IN TU~ A'1'11 DIS'r!tlC'l' C0~.3.fYR.,  DS'J.'Dtf S'l'Jt?C'l OP .uXAH .ttit~~RkANSM JONUIOIO DIVISION AUG 3 O l994 I ~ PLADl'rtl\"t DBFUDANTS HPPMKPPI MfR OBPIB In tbi action broqht p\\lr~nt to 63 u.s.c. 5 lill, th Defendant have eou;ht a protaoti~o order (docket entry 3) attornay-olient. cowaunicationa batvn the Dafandantt and t.hai~ levyr aftd voul4 protect at.t.orny work prod\\lct troa cUscloure. The latter vo11ld inolud lawyer to lavyu r;,o-unioa.t1ona Dade for th pvpoae of p~epariq and dehndinl the intant litigation. Plaintiff ateadtatly. reita t!l entry ot uch a protective order, pointing to th ArQna .rr1edo11 o~ Intonation Ao~, Ar~- Code Ann. S a5-1,-101 at; mn- (Supp, 1H3), ~ Defendant:' ~atu H tnte of  publia 1ntit\\ltion, ancl t.ha t'aot that th Defend.ant b\u0026amp;ve INlan aua4 1A their official vall a inlivid\\lal ca~o1t1aa, and body of Arlcana~ c law asdret1inw th ron ~nd tha ubject ot Detendan~' p\u0026amp;-opoed order~ l : PLAINTIFF'S i EXHJBIT ,f 2 i .1.-.IUVAY l::LV.l{.t:;V~l:: \u0026amp; (;LAf\u0026lt;K 11/1?/95 14:52 AL'G-30-94 TUE JS:46 ~IGHT, \"LINDSEY, g, Je-a-m-GS U S [STRICT CLERK l t-0. 134 P003-1306 1 FAX HO, 15019724612 It :tni~ially, it ~~ N detU'Jlina4 which rul .. ot law the co~a:t -ho~l4 apply, . ~1 ~, \"oup~ in 14rl Di~iliJt ~o~ by  to1\"JDr stat un1veraity preidant ovor hia I f   traatment by the Board of ~uea of ~id inatitution, b tor ! rm ot rights protected ~Y tlle 1av1 nd contitut1on of th vnited state,. pur1uant ta 42 u.s,c. I 1113, f84eral law control queetion ot priv1la;e. l91Jio Y, Pqvall. 773 P.ad 191, 11, (8th Cir, HH), 99rt. denied, 6715 U,S, 111' (U86); XQY,ngblqpd y. bm, 112 1.R,P, J43 (C,D, C.l. 1985). 'l'Jlta i tn even ~hr  pendnt or euppl...ntal jvied1otion o\u0026gt;.ai.a 11 jolne4 vith  fe4aral c1u. BlntD Y, ui,n 1eaart11 Mea1ttl, 1,1 ,.a.D. 115 (S.n. %ova 1t92). Work product protection 41varaity oaae, lt0:0lr1i Y, Chiqapp  B,I, TJ:DDIPe SP 1aa F.~.D. 1$5 (B.D. Xn4. 1Pt1). 'l'he attorney-client privil~ i  an incliapenllbl tool of juatioa, and ia tro\\lftded in the tederal co,mon lw. lb ori9inll go back vell before th 1100' B4l1nt tvn1r1, Inc. . . Y, IA@Eisan All UI.QeiaSJ.on, 320 ,,ad ,1, (7th c1r. 1163). '?he benefits o~ tbe pr1v1199e, both to Cha adatniatrat1on or jutic and to the attornrcU.n~ r1t1onahip, are o abundant  to neacl no reoit:a.tion br. it 1 theretoz- held that the J10tion i GMN'l'ID  to thoH eoaaa\\U\\ioation bat\"'n attorney and glient thac . oomo under tha attornayclient 2 ta] 021/041 P.03 '  vv , .ao , ,;.vv.:. J.O ; 'i U riu.. ;:\u0026gt;UJ. JI o -' 1 4\"/ l'lUVAY .cLVKEDGE \u0026amp; CLARK 11/lF 14:!;\u0026gt;.S Wl-\u0026lt;1bHI, L.!~T .s. JCNl'HN!;;\u0026lt;:;\u0026gt; NV, .l,..;\u0026gt;\"f . 30-94 TUE 15:48 US DISTRICT Cl.RK FAX 15019724812 wvUCJ a .. llri,ll;d..JH;.IS;U..X.....J~.1.DQIILJ~~.llb....AU.~., 17 r.a.o. ,st (D.c. 111. 1111). Tha otion 1 aleo GRANT.D  to _into;-ation, letter , aorenda, andth lite .generated 3ttoral-Y work pro~~ot. HiQWQ Ye %A:il9', lat U.S. 4'5, 67 s.et. 285 (1147) r- .Kw i'WDIYllt !MUe AP, y, Pala -Ab tntxi 132 P.R.D. JOl (S.D. fl\u0026amp;. 1990). Th real ditticulty, ot course, con, in deterain1n9 vhther a 9l~an it tall within or vii.bout on ot th two p~otecte4 cate9or1es. cwnl are ~lld upon to u their aound j\\ldq111Cl1lt, and to conaUlt the court vhen and it bQne noo dispute ari  a in th CO\\lrae at dieoovry abo\\lt it- that r po aibly protected. 4 ~ord ut be 9ivan to the Arkan authoritie that have touched on tha issue of privilege and work prod~ct i~ the context ot ,oa requets. tn 11s:s::1n1m:t4qa y., ,S:ity pf Little lesk. 198 Ark. 219, 76i s.W.24 ,o, (1981), the Arkan suprua court held that the Arkan rula of the attorny client privile,a d14 not c:raate u eleaap~ion ~o the Ar~anaaa rree~oa of Intoraa.tlon A~t. The ca heavily ralid on ~, Plai~t1tr, C1tx A( l1YUy1ll9 y, Ym1rli, 304 Ark. 179, 801 s.W.2d 275 (1910), bld, inter alia. tb\u0026amp;t le9al aemoranda prpared tor the City tor 1i t1;at.1on purp0 Ver'\u0026amp; not exeapt trom the Arkan 7raedom ot .Intonw1t1on Act. Attorney vork product vae th~ cthc'1oee4, 3 14)022 / 041 P.04 vu, .:.0 1 .:.vv,:. .1.0 : -.v ri\\A .\u0026gt;u.1. JiO l:.l4l 1-l\u0026lt;lVA~ l::LDREDGE \u0026amp; CLARK 11/17/95 14,53 .IJRlr,T, U~Y, '\u0026amp;. Jt:NNll'b3 NU  .l.:\u0026gt;\u0026lt;f I\"'~~ At'G-30-94 TtJE l5i47  U S DISTRICT Cl.ERi FAX NO. 1501972'4612 p, 05 - Th court fincU ls:\u0026amp;IICI and \"1t.lUP491 ar, :not ol.ndin9 on tl'ab Court Ad aven 1t th cowt apwaaa that tboy ua, tll cloiaiot)a do :,ct ro:-aclosa this Cou~ frOll 1u.1nq an . orclor proteClting etto~nY-oliant. cc1au.nicatio11a or attorney worJc produot. (See Ark. Coda AM, I a5-1t105Cb) (I), which axupte tro11 th J'Oll dooaenta vhicaa are protaote4 ttoa lliaclosura by orclr or rule ot court. ) It i 1ntoraatinv ec, note that 'Louiiana' Public Reoorda i..w poitioally exeapea attorn.~ vcr~ produc,t tro it tel'II, ~ut no~ aatorial protected by tha attorney~Uan~ privilege. S T111se y, LQui  iana tans, t SXplQ~tilpn, 805 F.S~)p. 315 (M.D. IA. 1992). tn exllllli~in; tha ~kan1ae authori~iH, it is rea411Y apparent that the tocu and concorn ot tbe ArJcaftU State oow:tu 111 with the 11hol l)ody of ArlcanH law, anct tile function of Arkanaa law in the affliz or kk.an oi~iaen Thie fade.al court, Vhil 8ituatoll within Arkanaa, \"t navei-thel.eH h11ve a it pr!aary concern ~ eftiaiant: adainitration ct jutiaa and the tair resolution of federal olai rau .. eole br the psrti litiiant in federal oourt. Th111, ~darl lav and prooedllr auet. )a appli~. 1'1' IS, 'nllRll'OU, OIU\u0026gt;DJD that 1111 papu1, ntar1al.a, and othar thinp colla~ted o~ praparect by th ,-rt1 or their ~prnbtJ.vee in anticipation tor trial, or otheni wiel\\1n th aoope of th r..ieral work product: ISoatrin, ancl all. pri vata ooamw,ications of anr kind between th d~andant anct their 0o~nl Within the ; racogni1ed bcundari ot the 141023 / 041 vv, .Q , .uu~ ~u - ~v r,u,. avi J/0 ~i4/ ~KlVAX tJ..lJ.lti,;VGt \u0026amp; Cl.AJ\u0026lt;K 11/17 /95 14: 54 WRIGHT f 1..lNLJ::c. Y, ;s.. ; ttiN 1 No:\u0026gt; r...i  .\u0026amp;.-\u0026gt;'+ . P!JG-30-94 TUE 15:48 U tDISTRICT CURI FAJOIO. i50J972481Z . P,06 -~raar-oliant pd.vilo9ca, ~ h~oy ~ro~~t:od t~o. cUaooviy . \\Jy '= oppoainq pu-ty or l'elaa to any ~Ud pa.ty, ucpt by order ot thi eo~rt. 5 1410241 041 V0 / ,\u0026amp;.0 / ,\u0026amp;.VV,\u0026amp;. J.0 : 4J. rAA :\u0026gt;UJ. J\"[!j :!147 FRIDAY ELDREDGE \u0026amp; CLARK l-N THE CilCUIT COURT OF DALLAS COUNTY, ARXA.N'SAS 141025/ 041 ,.,,,11-r-- '-.J'---I-STAT OF AFJ\u0026lt;ANSAS PLAINTIFF vs. CIVIL No. 92-100 HABILITATION CENTER, INC. an Arkansas Corporation d/b/a MILLCREEK OF ARKANSAS; MILLCREEK MANAGEMENT, INC., a Mississippi Corporati~n; DR. JAMES 0. STEPHENS, M.D., (in his individual capacity, and in his official capacities as President and Chainnan of the Bca:d of P.abilitation Center, Inc., and Rehabilitation Centers, Inc. , and as Chairman of the Board o~ Millcreek Management, Inc.); JOSEPH L. STEPHENS, (in his individual capacity, and in his official capacities as Vice President of Habilitation Center, Inc., Rehabilitation centers, Inc., and Millcreek Management, Inc.); BILL SIMMONS, ( in his individual capacity, and in his official capacity as President of Millcreek Management, Inc.); and WAl'~DA MILES-BELL, (in her individual capacity and in her ofticial capacities as Executive Director and General Manager of Millcreek of Arkansas and Vice President of Millcreek Management, Inc.}; DEFENDANTS ORDER on this 31st day of January, 1995, there is presented to the Court the Motions :for Protective Order filed on l:\u0026gt;~half of defendant Habilitation, Millcreek Schools of Arkansas, Inc. and William sutto~. The Attorney G~ner~l ha?ing f~lly responded and the Court being sufficiently advised, having heard arguments of counsel and having fully considered this matter IT rs NOW, THEREFORE, CONSIDERED ORDERED AND ADJUDGED: The office of the Attorney General served a request for records under the Arkansas Freedom of Information Act, .au- Code Ann 25-19-101, et seq., (hereinafter FOIA) upon Mr. William Sutton, custodian of records at the law firm of Friday, E1dredge \u0026amp; PLAINTIFF'S EXHIBIT . 3 - -- 141026/ 041 Clark, attorneys for the defendant Habiiitation Center, Inc. d/b/a Millcreek of Arkansas, seeking the law firm's ~iles relating to Millcreek Schools of Arkansas, Inc. {hereinafter Millcreek Schools) and Habilitation Center, Inc. (hereinafter Habilitation). The requests speci.tically seek \"documents, notes,: pleadings, memorandum [sic)_-, work pa:2ers, attorney work papers includinci work product _p::-epc.;:::-e.i, ge~.?::-at~d or re1ai:-ed -to any ~ark done by your fi:r:m for Habilitation Centers, Inc. [sic] or Millcreek Schools of A~kansas, Inc. in State ot Arkansas v. Habilitation centers, Inc., [sic) CIV- 92-100 in Dallas County, Arkansas.\" The Attorney General served similar FOIA requests on Habilitation and Millcreek Schools of Arkansas, Inc. Jurisdiction and Venue The threshold issue for this Court's determination is whether the Court has jurisdiction to enter the protective orders sought. The plaintiff selected the Dallas County Circuit Court in which to bring the pending case pursuant to Ark. ~ Ann. 16-13-201 and venue was established in accordance with Ark. Code Ann. 16-106- ~CJ.. ( .Cl)  .:~r.::.:.c!i.cticn-i.: .this Ccu:rt was t.t1en pro~r; ,:inc! this Court retains that jurisdiction and control over the case pursuant to the a!oresaid statutes. Al though the Freedom of Information Act establishes a separate authority under which information may be obtained under certain circUJ11stances, there is no question but that a FOIA request to a law firm representin9 a defendant in a pending case within the jurisdiction OI this Court is so intertwined with that pending case as to fall within the jurisdiction cf the court. 2 I: 1\".Kll\u0026gt;AY .t:;U,Kt;l\u0026gt;li.t \u0026amp; l.LA.Kll. 14JU27 / U41 If the Attorney General akes a FOIA request of a totally separate entity, that .separate entity would not be subject to the jurisdiction of this Court, and the Attorney General would be free to pursue its FOIA request in -whatave:r jurisdiction lUay be perMitted by law. The Attorney General has not named Millcreek Schools of Arkansas, Inc . as a party defendant.  The Attorney General has made reference to \"Millcreek School of Fordyce, Arkansas, a separate entity owned by defendant, Habilitation\" in its first amended complaint. The Court is convinced that Millcreek Schools of Arkansas and Millcreek School of Fordyce, Arkansas, both allegedly owned by Habilitation, should be considered to be the same entity as Habilitation d/b/a Millcreek of Arkansas, and accordingly Millcreek Schools of Arkansas is not truly a separate entity but rather it is an integral part o~ Habilitation. Therefore it, too, comes within the jurisdiction of this Court. In holding that this Court has jurisdiction and is the proper venue to resolve the issues relating to the FOIA, the Court ackncwl\u0026amp;ociges -~'lat  i.: is inapp1.~pric1te for 'Che threat of pocential enforcement in another forum to hang over the defendants as they prepare for trial, and it is in the interest of judicial economy to have this court handle all issues relating to the 111atters at hand. Venue is proper only in the circuit court of the judicial district in which the entity is located when the de~endant is an entity which is a private organization even though supported by public funds. Here, all the FO!A targets are such private 3 I I I I I I I .l:'.tUJJ,H .t::U,.t\u0026lt;J:.J.)1,J:. \u0026amp; I...L,UUI. ~028/ 041 organizations resisting the turn over of information pursuant to the FOIA, The 10ere fact that the Attorney General itself is located in Pulaski County and is a state agency does not create venue in that county in these circumstances. standing The detendants' attorneys seek a prot~ctive order in order to protect the attorney/client privilege being asserted on behalf of their clients which include the defendant Habilitation. Habilitation has standing by virtue of being a party litigant in the case brought by the Attorney General. The law finn of Friday, Eldredge \u0026amp; Clark has standing to seek a protective order since it represents HabilitatioTI. Habilitation is Not Subject to the FOIA. The major issue is whether Habilitation center, Inc. is an entity subject to the FOIA. If it is, its attorney's files may be discoverable under FOIA. It is settled under Arkansas law that attorney work product and records are not per se exempt from FOIA disclosure under Ark. Code Ann. 25-19-105. See Scott v. smith, 2-92 -Ark. 174, 728 S'.W.2d 515 {1.987), Arkansas Highway Department v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988) and City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990). Although a court hearing a FOIA enforcement action may not issue a protective order under that section to protect in~ormation otherwise subject to disclosure,1 nevertheless, the trial court is 1Ark. Newspa~er. Inc. v. Patterson, 281 Ark. 213, 262 S.W.2d 826 (1994), city or Fayetteviile v. Edmark, supra, at page 193. 4 ll)029 / 041 able to create an exemption !ram the FOIA as authorized by~~ film. 25-19-105 (b) (8) since the limitations on protective orders do not apply to trial courts. The threshold issue, ho--wever, is whether FOIA even applies in the situation before the Court. In order to make that detennination, the Court 1nust decide whether the materials sought by the Attorney General are public records within the l!leaning of the FOIA. 2 Habi1itation is a privately owned for-profit entity receiving Medicaid funds; it is not a government agency. Given the facts of this situation, it :may be an \"other agency\" subject to the FOIA because it is \"wholly or partially supported by public funds or expending public funds.\" Courts have enforced FOIA requests to particular private entities when they are \"Wholly or partially supported by public funds or expending public funds. 1 This Court has also considered a number 2Ark. ~ Ann. 25-19-103 (1) provides in pertinent pa:rt, \"PUblic records means writings, recorded sounds, fil1ns, tapes or data, compilations in any form required by law to be kept or otherwise kept and which constitute a record of the performance or lack of performance of official f~nctions which are or should be carried out by a \"public official or an employee or government m:: any other agency wholly or partially supported by public funds o~ e::9endinc;: public funds , .n  (emphasis suppliedJ 3See North Central Association of Colleges and Schools v. Trout :srothers. Inc., 261 Ark. 378, 548 S.W.2d 285 (1977); Arkansas Gazette company v. southern state College, 273 Ark. 248, 620 s.W.2d 258 (1981), app. dismissed 455 U.S. 931 (1982); and Behab Hospital Services corp. v. Delta Hills Health System5 Agency. Inc., 285 Ark. 397 687 S. W. 2d 840 (1985). The first two of the cited cases indicate the factors that must be present before a private entity will be subject to the FOIA. First, there must be direct publ.ic funding. Secondly, there must be indirect public support. Third, there must be public concern with respect to the organization's activities. The primary source of funding being governmental and the serving of a public - purpose_ . Day subject the private organization to the FOIA. Rehab Hospital Services Corp. supra. Recently the Arkansas supreme court has declared that public funds 5 .HUVA~ ELDREDGl:: \u0026amp; Cl.ARK Ill 030/ 041 of Attorney General's opinions which are not binding as precedent, but which are instructive. The Attorney General has opined that \"when the activities of a private organization and the government become so intertwined, the private organization may well render itself part of the state for [FOIA] purposes.\" Ark. op. No. 83- 163. In that opinion, the AG opined that the mere re.ceipt of Medicare and Medicaid funds by a private nonprofit hospital or a for-profit investor owned facility would not trigger the FOIA. More recently, the Attorney General has opined that the mere receipt of public funds is not in itself sufficient to bring a private organization within the FOIA; rather, the question is whether the private entity carries on public business or is otherwise intertwined with the activities of the government. Ark. Op. AG No. 94-131 (May 13, 1994), citing City of Fayetteville v. Edmark, supra, (1990) and Op. AG Nos. 91-131, 94-154 and 83-163. Here both Habilitation and Millcreek Schools do not conduct their activities with or ror the benefit of or in the place of any public agency. Neither is established by lav. Neither is any more regulated -or supervised 1:han hospitals or nursing homes or schools. No govermnental authority is at Habilitation nor is any Habilitation employee located in any government office. Habilitation deter111ines the programs for the chil.dren, not the State. include only direct public tunding, not indirect support. Sebastian City Chapter ot the American Red cross v. Weatherford, 311 Ark. 656 (845) S.W.2d 641 (1993). 6 ~031/041 Habilitation and Millcreek are engaged in the private rendering of Medicaid and other Medicaid eligible services to private individuals. People performing these services are not public officials. Habilitation is providing Medicaid and other services pursuant to a standard form contract, not making public policy. Even though all or a substantial part ofits incoine is derived !romthe government, it is being paid only for services and is not being subsidized as an extension of government. These facts do not lead to the conclusion that Habiliation and Millcreek are so connected or intertwined as to bring them within the purview of FOIA disclosure. After evaluating the facts and in light of preceden~, the Court finds that Habilitation and Millcreek are not private entities subject to the FOIA. While the l.ine limiting the reach ot FOIA is not bright and while the FOIA is to be liberally construed for disclosure of records in the public domain, Ragland v. Yeargen, 288 Ark. Bl, 702 S.W.2d 23 (1986), the tacts in this case cannot justify a conclusion that \"public business\" was or is being conducted by Habilitation. The intent of t.._e legislature was to expose the per.formance o:f public o:ificials and or the decisions that are reached in public activity and in making public polic;y. While the public at large as electors do have an interest in how the Medicaid progral!l is being conducted and should haYe access to all agency recoxds relating thereto, including those supplied by Habil.itation under its contract, they have no overriding interest in how a private service provider renders its services to private 7 (OJ..!/041 -  individuals. There silllply is no legal precedent or suggestion that it was the intent of the legislature to subject the private activities and all licensed entities and individuals to public scrutiny under the FOIA. Thus it is the decision of this Court that Habilitation is not subject to tbe FO~A; Friday, Eldredge \u0026amp; Clark is Not Subject to the FOIA Additionally, the court also finds that Friday, Eldrecge \u0026amp; Clark is not subject to FOIA. It is an obviously private entity receiving no obvious public funds, and its clients are not a public entity. The court believes that the Attorney General I s FOIA request to Habilitation and Friday, Eldredge \u0026amp; Clark is discovery abuse. Defendants and their counsel are entitled to protection to 111aintain the integrity of the discovery process set out in the Arkansas Rules of Civil Procedure. Unauthorized access to attorney/client or attorney/work product privileged material can deprive defendants of due process. Accordingly, the Court finds that the Motion for Protective Order to protect the FOIA requested material from Habilitation .should be and hereby is granted. Additionally, the protective order is extended to Millcreek of Arkansas, to Millcreek Schools of Arkansas, Inc., to Mil'lcreek School of Fordyce, Arkansas, and to Friday, Eldredge \u0026amp; Clark as attorney to the extent of any materials in any way related to this litigation. The Attorney General may, if it so chooses, amend its complaint with respect to Millcreek Schools of Arkansas, Inc. if it determines that amendment of the name of the defendant is appropriate. -- 8 14] OJJ/ 0 4 1 Ark. Code Ann. 25-19-l0S{b) (8) Exemption The Court rurther finds that even were the defendant subject to the FOIA, the exemption provided in Ark. ~ film 25-19- 105 {b) (8) which expressly exempts \"docwnents ~hich .are protected trom disclosure by oraers or rul.es of court\" would apply in this case. As the Supreme Court stated in . City of Fayetteville v. Edrnark, su~ra at 191: A trial court has the inherent authority to protect the integrity o! the Court in actions pending before it and may issue appropriate protective orders that would provide FOIA exemption under 25-19-105(b)(8). This Court having underlying jurisdiction over the underlying litigation finds that a protective order should be issued to restrict disclosure ot documents being sought pursuant to FOIA. If there is any subsequent review by any other circuit court - considering related FOIA requests, this protective order is issued specifically within the provisions of Ark. Code Ann. 25-19- 105 (b) (8) to protect from the FOIA materials which otherwise might be disclosable. Id. Other Motions The derendants' Motion to Quash Notice of Depositions is governed by the Written Agreement of the Parties provided to the court in their joint Motion for Continuance. Accordingly, depositions of parties may begin again only as set out in the Agreement. The Attorney General's Motion to Strike Affidavits will be considered ~y the Court when -it receives the plaintiff's Response to the Motion !or SuJ1U11ary Judgment. The defendants' Reply to the 9 ~ U;J4 / U41 Attorney General's Response to the Motion for SWDl11ary Judgment, if any~ will be due within ten business days thereafter. The Attorney General has filed a Motion for Default on Attorney General's Motion to Strike. That Motion i -s denied. Conclusion . IT IS THEREFORE ORDERED that the defendants' Motion be and it hereby is granted. It is further ordered that a protective order be and hereby is issued over all materials sought by the Attorney General under the FOIA unless they are otherwise discoverable or admissible into evidence. The Motion to Quash Notice ot Depositions is hereby granted until otherwise provided in the agreement o~ the parties. The Motion for Default on the Attorney General's Motion to Strike is hereby denied. IT IS SO ORDERED this 1995. ~ day of deJn ~ ~~~ 10 I I I; I UO / l/J / lUU l .10 : 44 .l:iU. :)Ul J 7 tS 21 4 7 FRIDAY ELDREDGE \u0026amp; CLARK Ill 0351 0 41 IN THE UNITED STATES DIS!RICT COURT 1N TIIB EASTERN DISTRICT OF AIU{ANStjJ/tt PINE BLUFF DMSION ~~iL.,;,,L::J:t:~~ ROGER HEATiiSCOTI PLAINTIFF VS. NO. 5:00-CV-00333-WRW UNION PACIFIC RAILROAD CO. DEFENDANT ORDER For the fC3SOQ.S stated in a telephone conference yesterday, the plaintiff's motion (Doc.5) for a protective order is GRAN'IED. Accordingly, defendant must not compel the plaintiff to attend the physical examination scheduled for Februaxy 14, 2001, with Dr. Baskin, M.D., and it must not compel the anendance of the plaintiff at the functional capacity examination scheduled for February 19, 2001. Further, plaintiff must not be disciplined for failing to attend these examinations. I rely primarily upon Smith 11. Union Pacific Railroad Co . 878 F.Supp. J 71 (D.Co. J 995) and Vicary -v. Consolidated Rail Corp., 942 F .Supp. 1146 (N.D. Ohio 1996) whlch seem to be well reasoned. Unlike the plaintiffs in Calvert v. Trans World Airlines, 959 F .2d 698 (8111 Cir. 1992), the plainti:ffhcre unquestionably 1w a separate, independent cause of action under the Federal Employers Liability Act (\"FELA\") 45 U.S.C.  51 et seq. l believe discovery in the FELA action should proceed under the standard Federal Rules of Civil Procedure. and that these n.tles are not tromped by the defendant's medical examination rules (via the Railway Labor Act 45 U .S.C.  151 et seq.) In fact, under the theory urged by defendant. a railroad could severally hamstring a FELA plaintiff-with company regulations. Defendant contends that 1his order is in the nature of an order \"granting, continuing. modifying or dissolving [ an J injwtction'' which would be subject to an interlocutory appeal under ~ PLAINTIFF'S i EXHIBIT i 4 I 287 U.S. C.  1 992. I do not know what authority I have to enhance defendant's right to an interlocutory appeal, but to the extent that I have such authority, 1 grant it: in full. --1+ IT IS SO ORDERED this/ tf/c1ay ofFebnwy, 2001 !~~ UNITED STATES DISTRICT COURT nus DOCUMENT DflcRED ON DOCKlT SHEET 1H CCMPl.lANCc WITH RULE S8 ANOIOII 7,ttJ FflCP ON /b(a, for BY ~L I ~U;J6/ U41 ..' . ,. ... . - .., , - .,; , - v ,...   V'  -. v A ,-. V V .a. V , V - -1,. \"t I rl\\.J.V/\\..1. .C.J.,J.J~UU.C. ' V.\u0026amp;...l\\llA IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION ~UJ7/ U41 LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL DEFENDANTS INTERVENORS INTERVENORS MRS. LORENE JOSHUA, ET AL KATHERINE KNIGIIT, ET AL MEMORANDUM BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PROTECTIVE ORDER AND FOR EMERGENCY HEARING LRSD seeks a protective order pursuant to Fed. R Civ. P. 26{c) to prevent unduly burdensome and harassing discovery being conducted by the Joshua Intervenors (\"Joshua\") via the Arkansas Freedom of Information Act (\"FOIA \"), Ark Code Ann.  25-19-101 through 25- - 19-110. Rule 26(c) provides: Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith confctrcd or attempted to confer with other affected parties in an effort to resolve the dispute without court action, and for good cause 5hown, the court in which the action is pending or alternatively, on mattel'S relating to a deposition, the court in the district where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, opprcssio~ or undue burden or expense, including one or more of the following: ( 1) that the disclosure or discovery not be had; (2) that the disclosure or discovery may be had only on specified terms and conditions. including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; ( 4) that certain matters not be inquired into, or that the scope of the disclosure or discovery be limited to certain mattera; * *  r .tu u Al .ta.u .iu:.uur. a. ~ Lt\\.KII. There can be no doubt that Joshua is using the FOIA to conduct \"discovery.\" Accordingly, 1his Coun should exercise its power to control discovery as contemplated by the Federal Rules of Civil Procedure. 1@0J8/ 04l The fact that Joshua is using the FOIA, rather than the \"'Federal Rules of Civil Procedure, to obtain discovery does prevent this Court from issuing a protective order pursuant to Fed. R Civ. P. 26(c). The FOIA clearly contemplates protective orders being issued to prevent the FOIA from being used to conduct discovery. Section 25-19-105(b)(8) exempts from disclosure \"documents which are protected from disclosure by order or rule of court.\" The Arkansas Supreme Court in City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990), recognized the a trial court's authority to issue a protective order precluding a litigant's use of the FOIA. The court stated: A trial court has the inherent authority to protect the integrity of the court in actions pending before it and may issue appropriate protective orders that would provide FOIA exemption under Section 25-19-105(b)(8) . .. We interpret this section as requiring the circuit court to grant exemption if another court has restricted disclosure of the documents being sought. The FOIA court must give credit to protective orders previously issued by other courts. Id. 304 Ark. at 191, 801 S.W.2d at 275. Following Edmark, both state and federal judges have issued protective orders requiring discovery be conducted pursuant to the applicable rules of civil procedure., rather than the FOIA. See Dr John Mangieri v_ Arkansas State University U.S.D.C. No. J-C-94-140 (August 30, 1994)(attached as Exhibit 2 to Motion) and State of Arkansas v Habi]jtation Center. Inc .. Dallas County Circuit No. 92-100 (Feb. 14, 1995)(attached as Exhibit 3 to Motion). Joshua may argue that FOIA. requests are not \"discovery\" which may be controlled pursuant to Rule 26( c ). However, Rule 26( c) has been held to apply to all forms of discovery, \\ not just the discovery devices created by the Federal Rules of Civil Procedure. In Smith v, Union Pacific R, Co,, 878 F.Supp. 171 (D. Colo. 1995), the railroad. sought to require an employee. Smith, to attend a return-to-work physical pursuant to the railroad's medical rules. When Smith failed to attend, the railroad initiated disciplinary proceedings against Smith. Smith had been off 2 FRIDAY ELDREDGE \u0026amp; CLARK taJ 039 / 0 41 work due to an on-the-job injury and had .filed a FELA suit against the railroad. Smith moved for a protective order to prevent the railroad :from requiring rum to attend the return-to-work physical. The trial court granted the motion stating: To the extent the \"back-to-work\" physical and ensuing disciplinary proceedings bear on issues relevant to this FELA action and gene.rate .facts or medical opinions that could be used as evidence against Smith, it constitutes \"discovery\" within the meaning of Fed. R Civ. P. 26(b)(l) and is subject to this court's authority under Rule 26(c) .. . to manage and control as justice requires. See gen~ 8 Wright, Miller \u0026amp; Marcus. Eederal Practice and Procedure: Civil 2d,  2036, pp. 487-88 (1994)(the district court has complete control over the discovery process); I find justice requires entry of a protective order prolu\"biting UP from requiring Smith to attend the \"back to work\" physical at issue and from initiating disciplinary proceedings against Smith based on his failure to so attend. Id. 878 F.Supp. at 173. ~ Vicary v. Consolidated Rail Crup., 942 F.Supp. 1146, 1149 (N.D. Ohio 1996)(following Smith) and Heathscott v. Union Pacific Railroad Co., U.S.D.C. No. 5:00CV00333-WRW (Feb. 16, 200l)(following Smith and~andattached as Exhibit4to Motion). Similarly, to the extent Joshua intends to use LRSD's FOIA response in proceedings before this Court, the FOIA request constitutes discovery subject to this Court's authority under Rule 26(c). See also John Doe Agency v. John Doe Corp., 493 U.S. 146, 153, 110 S.Ct. 471, 476, 107 LEd.2d 462 (1989)(\"[A] court must be mindful of this Court's observations that the FOIA was not intended to supplement or displace rules of discovery.\"); Parton v. United States DeJ\u0026gt;'t ofJustice, 727 F.2d 774, 777 (811, Cir. 1984)(\"Due to the circumstances present in this suit, it is also well to note that it is not the purpose of the [Freedom ofJnformation] Act to benefit private litigants by serving as a supplement to the rules of civil discovery.\"); Kanter v. Internal Revenue Service, 433 F.Supp. 812, 819 (N.D. Ill. 1977)(\"Accordingly, the Court finds that the Freedom of Infunnation Act may not be utilized as a means of obt.aining the release of information which would be protected from discovery in a pending or prospective enforcement proceeding.\"). This court should exercise its discretion under Rule 26(c) to prevent Joshua from using the FOIA to conduct discovery in preparation. .f or the July 2.2 , 2002 hearing in this case. The ' .. ~ parties have already exchanged their witness and exhibit lists pursuant to the Court's scheduling 3 uo 1 ,:.0 1 .:.vu,:. .1.0 : 4 0 l\".1\\4. ;\u0026gt;U.l J'/1) ;.(.l 4 7 .1-'RIDAY ELDREDGE \u0026amp; CLARK Ill 0 4 01 0 41 order. Thus, additional documents obtained by Joshua from the LRSD will not be admissible at the July 22, 2002 hearing. The breadth of the requests suggests that Joshua's pUipose is to harass the LRSD as LRSD works to prepare for the July 22, 2002 h~aring. _ The burdensome nature of the requests is compounded by the potential criminal penalty (up to 30 days in jail) which could :flow from the LRSD's failure to respond within three days. See Ark. Code Ann. 25-19-104. Furthermo~, simple fairness requires that Joshua and LRSD be required to play by the same rules. While Joshua has 30 days to respond to LRSD's discovery submitted pursuant to Rule 26, LRSD has only three days (at best) to respond to FOIA requests. This provides an unfair advantage to Joshua unrelated to the merits of the underlying case. Joshua should not be permitted to use the FOIA to pressure LRSD by making it impossible for LRSD to go about the business of educating children. ff the integrity of the judicial process is to be maintained, the playing field must be leveled. Joshua should be required to conduct discovery pursuant to the Federal Rules of Civil Procedure. Respectfully Submitted, Christopher Heller (#81083) John C. Fendley, Jr. (#92182) LITTLEROCKSCHOOLDIBTRICT FRIDAY, ELDREDGE \u0026amp; CL.ARK Regions Center, Suite 2000 400 West Capitol Little Rock, AR. 72201-3493 (501) 376-2011 B~ 4 . FRIDAY ELDREDGE \u0026amp; CLARK CERTIFICATE OF SERVICE I certify that a copy of the foregoing has been served on the following people by fax and mail on June 28, 2002: Mr. John W. Walker JOHN W. W Al.KER, P.A. 1723 Broadway Li~e Rock, AR 72201 Mr. Sam Jones Wright, Lindsey \u0026amp; Jennings 2200 NationsBank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON \u0026amp; JONES, P.A. 425 W. Capitol, Suite 3400 Little Rock, AR 72201-3472 Mr. Richard Roachell Roachell Law Firm 11800 Pleasant Ridge Road, Suite 146 Post Office Box 17388 Little Rock, Arkansas 72222-7388 Little Rock, AR 72201 Ms. Ann Brown Desegregation Monitor 1 Union National Plaza 124 W, Capitol. Suite 1895 Little Rock, AR 72201 Mr. Dennis R. Hansen Office of the Attorney General 323 Center Street 200 Tower Building Little Rocle. AR 72201 s 1410 41/041 FRIDAY ELDREDGE \u0026amp; CLARK fAIDAY, ELDREDGE \u0026amp; CLARK A PARTNERSHIP OF INDIVIDUALS ANO PROFESSIONAL CO~PORATIONS ATTORNEYS AT LAW :lOOO t-111~ I t;UMM!:RCIAL BUILDING 4UU Wt:~ I \u0026lt;.,;APITOL AVENUE I.I I I Lt: HUt;K, AHKANSAS 72201-3493 I t:Lt:1-'HUNI:! 501-376-2011 FAX NO. 501-376-2147 THE FOLLOWING PAGES ARE TO: Dr. Ken James 324-2146 FROM: DIRECT NUMBER MESSAGE.: Richard Roachell 224-4409 Dennis R. Hansen 682-8084 Steve Jones 375-1027 Sam Jones 376-9442 rhris Heller 370-1506 TOTAL NO . nF PZl.r.l-!~ n.1/\"'r.rmn.m Tl.l'TC! !NFOP~AT!ON SF.BET: fl DATE: June 28. 2002 TIME: ____ ____ __ .A.M./P.M. IP YOU DO NOT RECEIVE ALL THE PAGES - PLEASE CALL BACK ASAP (501) 370-1444 Brenda ~001/041 FOR OFFICE USE ONLY: ____________ H_I~2=3~~---9~0'-------- CLIENT NUMBER MATTER NUMBER CONFI DENTI .ALIT'z NOXE: The information in this facsimile eransmittal is legally privileged and confidential in~onnation illeepded only or the use of the .individual or ent:..ity named above. Iz the rei,.der of this message .iB not the intended r ecipient, you u-a hereby notified chac any dissemination, distribucion or copy of the transmittal i3 3triccly prohibited- If you receive z:hig transmittal in errgr, please i mmdiacely notify us by t:elephone, a.nd return the original transmittal to us \u0026amp;t t:he above address via the United States Postal Service _ Thank you.    This project was supported in part by a Digitizing Hidden Special Collections and Archives project grant from The Andrew W. Mellon Foundation and Council on Library and Information Resources.\u003c/dcterms_description\u003e\n   \n\n\u003c/dcterms_description\u003e   \n\n  \n\n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n   \n\n\n   \n\n  \n\n \n\n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n   \n\n\n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n  \n\n  \n\n   \n\n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n   \n\n   \n\n   \n\n   \n\n\n\n\n\n   \n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n   \n\n\n   \n\n   \n\n   \n\n   \n\n\u003c/item\u003e\n\u003c/items\u003e"},{"id":"bcas_bcmss0837_30","title":"Arkansas Department of Education's (ADE's) Project Management Tool","collection_id":"bcas_bcmss0837","collection_title":"Office of Desegregation Management","dcterms_contributor":null,"dcterms_spatial":["United States, 39.76, -98.5","United States, Arkansas, 34.75037, -92.50044","United States, Arkansas, Pulaski County, 34.76993, -92.3118"],"dcterms_creator":["Arkansas. Department of Education"],"dc_date":["2002-06","2002-07","2002-08"],"dcterms_description":null,"dc_format":["application/pdf"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":["Little Rock, Ark. : Butler Center for Arkansas Studies. Central Arkansas Library System."],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC-EDU/1.0/"],"dcterms_is_part_of":["Office of Desegregation Monitoring records (BC.MSS.08.37)","History of Segregation and Integration of Arkansas's Educational System"],"dcterms_subject":["Education--Arkansas","Little Rock (Ark.). Office of Desegregation Monitoring","School integration--Arkansas","Arkansas. Department of Education","Project managers--Implements"],"dcterms_title":["Arkansas Department of Education's (ADE's) Project Management Tool"],"dcterms_type":["Text"],"dcterms_provenance":["Butler Center for Arkansas Studies"],"edm_is_shown_by":null,"edm_is_shown_at":["http://arstudies.contentdm.oclc.org/cdm/ref/collection/bcmss0837/id/30"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["documents (object genre)"],"dcterms_extent":null,"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":"\n \n\n\n\n\n\n\n\n  \n\n\n   \n\n   \n\n\n   \n\n\n   \n\n\n\n\n   \n\n\n\n\n   \n\n\n\n\n\n\n\n\n   \n\n   \n\n \n\n\n   \n\n   \n\n  \n\n\n   \n\n  \n\n \n\n\n   \n\n  \n\n \n\n\n   \n\n  \n\n  \n\nLittle Rock School District, plaintiff vs. Pulaski County Special School District, defendant.\n IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED JUL 8 2002 OFFICEOF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. I, et al. DEFENDANTS NOTICE OF FILING In accordance with the Court's Order of December 10, 1993. the Arkansas Department of Education hereby gives notice of the filing of AD E's Project Management Tool for June 2002. Respectfully Submitted, MARK PRYOR Attorney General DENNIS R. HANSEN,# 97225 Deputy Attorney General 323 Center Street, Suite 300 Little Rock, Arkansas 72201 (501) 682-2586 Attorney for Arkansas Department of Education CERTIFICATE OF SERVICE I, Dennis R. Hansen, certify that on July 2, 2002, I caused the foregoing document to be served by depositing a copy in the United States mail, postage prepaid, addressed to each of the following: Mr. M. Samuel Jones, III Wright, Lindsey \u0026amp; Jennings 200 W. Capitol, Suite 2000 Little Rock, AR 7220 I Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Richard Roachell Attorney at Law P.O. Box 17388 Little Rock, AR 72222-7388 Mr. Christopher Heller Friday, Eldredge \u0026amp; Clark 400 W. Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. Stephen W. Jones Jack, Lyon \u0026amp; Jones 425 W. Capitol, Suite 3400 Little Rock, AR 72201 Ms. Ann Marshall One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 ~f~ Dennis R. Hansen IN 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 ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following Project Management Tool to the parties and the Court. This document describes the progress the ADE has made since March 15, 1994, in complying with provisions of the Implementation Plan and itemizes the ADE's progress against timelines presented in the Plan. IMPLEMENTATION PHASE ACTIVITY I. FINANCIAL OBLIGATIONS A. Use the previous year's three quarter average daily membership to calculate MFPA (State Equalization) for the current school year. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of June 28, 2002 Based on the.information .. avajiable atjv1ay :~j{ 2092\n.J6$ AD~(:Mculaled the Equalization Funding for F'(.01102, iUbje~(J8j5'erfodicadjdsfn:ignts'. . B. Include all Magnet students in the resident District's average daily membership for calculation. 1. Projected Ending Date Last day of each month, August - June I. FINANCIAL OBLIGATIONS (Continued) B. Include all Magnet students in the resident District's average daily membership for calculation. (Continued) 2. Actual as of June 28, 2002 ~:, l~\\~Sies~~{ii'~~~i\nr~i\n~::i~rei~i!~:~ay3T:'2602t}He:'AQ!\n:'~!9I\nJ~t!Jc1:[:E C. Process and distribute State MFPA. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of June 28, 2002 ~\n:\n~~wi~:: 2602:' distribGtioHs cS(siateEqlialiZa\"Ho\"ii E:~naihg'fBnEX'EiJJq:'{w\n'r~ rnsb~i41,262,49o NLRSr3 [ $25,470,415 i=icssd! $4.9, 138,06s 1ne allotrr,ents of State Equalization Funding calculated for FY rij'102 at M'ay 3f: 2002\"\nsubject to peri6'dic adjustments, were as follows: LRSb f $5.1,583,043 NLRS[fl $27,862,936 PCSSD .~ $53,735,000 D. Determine the number of Magnet students residing in each District and attending a Magnet School. 1. Projected Ending Date Last day of each month, August - June. 2 Actual as of June 28, 2002 Based On ttie information available, the ADE calcufated at May 31, 2002 for FY 01/02, subject to periodic adjustments. E. Desegregation Staff Attorney reports the Magnet Operational Charge to the Fiscal Services Office. 1. Projected Ending Date Ongoing, as ordered by the Court. 2 I. FINANCIAL OBLIGATIONS (Continued) E. Desegregation Staff Attorney reports the Magnet Operational Charge to the Fiscal Services Office. (Continued) 2. Actual as of June 28, 2002 tt~'!~~\n:sfiJ6,~\n:)fa!:ri.r(~Il~'~y.i\\_~}i,~'.!!fa~,At\u0026gt; E:caiciate'cJ., at r0..aY 31'{2002:Jo.FE,X QJl92\u0026amp;~Q.bjec,('Jq ' p~rii:id.i\nadjU$.tr.i\\~riW It should be noted that currently the Magnet Review Committee is reporting this information instead of the staff attorney as indicated in the Implementation Plan. F. Calculate state aid due the LRSD based upon the Magnet Operational Charge. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of June 28, 2002 a'\ntmBh'ffi'\u0026amp;Jhforitikticin avairahle,'thEi\nADE caicuiated at May 31 '. i662foFFY Q]/02, tCibjectfo periodic adjustments. G. Process and distribute state aid for Magnet Operational Charge 1. Projected Ending Date Last day of each month, August - June. 2 Actual as of June 28, 2002 Distributions for FY 01102 at May 31, 2002, totaled $10,181,885. Aliotment 2ai_culatedfor FY 01/02 was $11,204,681 subject to periodic adjustments'. H. Calculate the amount of M-to-M incentive money to which each school district is entitled. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of June 28, 2002 Calculated for FY 01/02, subject to periodic adjustments. I. Process and distribute M-to-M incentive checks. 1. Projected Ending Date Last day of each month, September - June. 3 I. FINANCIAL OBLIGATIONS (Continued) I. Process and distribute M-to-M incentive checks . (Continued) 2. Actual as of June 28, 2002 r 'd6~:~J!e:fIDt.:i211I'.:!'.[~jcGiate'd f6r FY.01/02 afMay.31, 2662, sub}ect io 'r5eri~dlc a 1ustmen s\n,:,w~re: P3Q.A::\n~,Jzi1?? .. NLRSDf '.$2\n046,540 PCSSD_TsI(()s3\n41a ., ..... . J. Districts submit an estimated Magnet and M-to-M transportation budget to ADE. 1. Projected Ending Date Ongoing, December of each year. 2. Actual as of June 28, 2002 In September 2001, the Magnet and M-to-M transportation budgets for FY 01 /02 were submitted to the ADE by the Districts. 4 I. FINANCIAL OBLIGATIONS (Continued) K The Coordinator of School Transportation notifies General Finance to pay districts for the Districts' proposed budget. 1. Projected Ending Date Ongoing, annually. 2. Actual as of June 28, 2002 In September 2001, General Finance was notified to pay the last one-third payment for FY 00/01 to the Districts. It should be noted that the Transportation Coordinator is currently performing this function instead of Reginald Wilson as indicated in the Implementation Plan. L. ADE pays districts three equal installments of their proposed budget. 1. Projected Ending Date Ongoing, annually. 2. Actual as of June 28, 2002 In March 2002, General Finance made the second one-third payment to the Districts for their FY 01 /02 transportation budget. The budget is now paid out in three equal installments. At March 31 , 2002, the following had been paid for FY 01 /02 LRSD - $2 ,312,194.00 NLRSD - $423,333.34 PCSSD - $944,264.16 M. ADE verifies actual expenditures submitted by Districts and reviews each bill with each District's transportation coordinator. 1. Projected Ending Date Ongoing, annually. 2. Actual as of June 28, 2002 In August 1997, the ADE transportation coordinator reviewed each district's Magnet and M-to-M transportation costs for FY 96/97 . In July 1998, each district was asked to submit an estimated budget for the 98/99 school year. 5 I. FINANCIAL OBLIGATIONS (Continued) M. ADE verifies actual expenditures submitted by Districts and reviews each bill with each District's transportation coordinator. (Continued) 2. Actual as of June 28, 2002 (Continued) In September 1998, paperwork was generated for the first payment in the 98/99 school year for the Magnet and M-to-M transportation program. School districts should receive payment by October 1, 1998 In July 1999, each district submitted an estimated budget for the 99/00 school year. In September 1999, paperwork was generated for the first payment in the 99/00 school year for the Magnet and M-to-M transportation program In September 2000, paperwork was generated for the first payment in the 00/01 school year for the Magnet and M-to-M transportation program. In September 2001, paperwork was generated for the first payment in the 01 /02 school year for the Magnet and M-to-M transportation program . N. Purchase buses for the Districts to replace existing Magnet and M-to-M fleets and to provide a larger fleet for the Districts' Magnet and M-to-M Transportation needs. 1. Projected Ending Date Ongoing, as stated in Exhibit A of the Implementation Plan. 2. Actual as of June 28, 2002 In FY 94/95, the State purchased 52 buses at a cost of $1,799,431 which were added to or replaced existing Magnet and M-to-M buses in the Districts. The buses were distributed to the Districts as follows: LRSD - 32\nNLRSD - 6\nand PCSSD - 14. The ADE purchased 64 Magnet and M-to-M buses at a cost of $2 ,334,800 in FY 95/96. The buses were distributed accordingly LRSD - 45\nNLRSD - 7\nand PCSSD - 12. In May 1997, the ADE purchased 16 Magnet and M-to-M buses at a cost of $646,400. In July 1997, the ADE purchased 16 Magnet and M-to-M buses at a cost of $624,879. In July 1998, the ADE purchased 16 new Magnet and M-to-M buses at a cost of $695,235 The buses were distributed accordingly LRSD - 8\nNLRSD - 2\nand PCSSD - 6. 6 -1. FINANCIAL OBLIGATIONS (Continued) N. Purchase buses for the Districts to replace existing Magnet and M-to-M fleets and to provide a larger fleet for the Districts' Magnet and M-to-M Transportation needs. (Continued) 2. Actual as of June 28, 2002 (Continued) Specifications for 16 school buses have been forwarded to state purchasing for bidding in January, 1999 for delivery in July, 1999. The ADE accepted a bid on 16 buses for the Magnet and M/M transportation program. The buses will be delivered after July 1, 1999 and before August 1, 1999. The buses will be distributed accordingly: LRSD - 8\nNLRSD - 2\nPCSSD - 6. In July 1999, the ADE purchased 16 new Magnet and M-to-M buses at a cost of $718,355. The buses were distributed accordingly: LRSD - 8\nNLRSD - 2\nand PCSSD - 6. In July 2000, the ADE purchased 16 new Magnet and M-to-M buses at a cost of $724,165. The buses were distributed accordingly: LRSD - 8\nNLRSD - 2\nand PCSSD - 6. The bid for 16 new Magnet and M-to-M buses was let by State Purchasing on February 22, 2001. The contract was awarded to Ward Transportation Services, Inc. The buses to be purchased include two type C 47 passenger buses and fourteen type C 65 passenger buses. Prices on these units are $43,426.00 each on the 47 passenger buses, and $44,289.00 each on the 65 passenger buses. The buses will be distributed accordingly: LRSD - 8 of the 65 passenger\nNLRSD - 2 of the 65 passenger\nPCSSD - 2 of the 47 passenger and 4 of the 65 passenger buses. On August 2, 2001, the ADE took possession of 16 new Magnet and M-to-M buses. The total amount paid was $706,898. 0 . Process and distribute compensatory education payments to LRSD as required by page 23 of the Settlement Agreement. 1. Projected Ending Date July 1 and January 1, of each school year through January 1, 1999 2. Actual as of June 28, 2002 Obligation fulfilled in FY 96/97. 7 I. FINANCIAL OBLIGATIONS (Continued) P. Process and distribute additional payments in lieu of formula to LRSD as required by page 24 of the Settlement Agreement. 1. Projected Ending Date Payment due date and ending July 1, 1995. 2. Actual as of June 28, 2002 Obligation fulfilled in FY 95/96. Q . Process and distribute payments to PCSSD as required by Page 28 of the Settlement Agreement. R. 1. Projected Ending Date Payment due date and ending July 1, 1994. 2. Actual as of June 28, 2002 Final payment was distributed July 1994. Upon loan request by LRSD accompanied by a promissory note, the ADE makes loans to LRSD. 1. Projected Ending Date Ongoing through July 1, 1999. See Settlement Agreement page 24. 2 Actual as of June 28, 2002 The LRSD received $3,000,000 on September 10, 1998. As of this reporting date, the LRSD has received $20,000,000 in loan proceeds. S. Process and distribute payments in lieu of formula to PCSSD required by page 29 of the Settlement Agreement. 1. Projected Ending Date Payment due date and ending July 1, 1995. 2. Actual as of June 28, 2002 Obligation fulfilled in FY 95/96. 8 I. FINANCIAL OBLIGATIONS (Continued) T. Process and distribute compensatory education payments to NLRSD as required by page 31 of the Settlement Agreement. 1. Projected Ending Date July 1 of each school year through June 30, 1996. 2. Actual as of June 28, 2002 Obligation fulfilled in FY 95/96. U. Process and distribute check to Magnet Review Committee. 1. Projected Ending Date Payment due date and ending July 1, 1995. 2. Actual as of June 28, 2002 Distribution in July 1997 for FY 97/98 was $75,000. This was the total amount due to the Magnet Review Committee for FY 97/98. Distribution in July 1998 for FY 98/99 was $75,000. This was the total amount due to the Magnet Review Committee for FY 98/99. Distribution in July 1999 for FY 99/00 was $92,500. This was the total amount due to the Magnet Review Committee for FY 99/00. Distribution in July 2000 for FY 00/01 was $92 ,500. This was the total amount due to the Magnet Review Committee for FY 00/01 . Distribution in August 2001 for FY 01/02 was $92,500. This was the total amount due to the Magnet Review Committee for FY 01/02. V. Process and distribute payments for Office of Desegregation Monitoring. 1. Projected Ending Date Not applicable. 2. Actual as of June 28, 2002 Distribution in July 1997 for FY 97/98 was $200,000. This was the total amount due to the ODM for FY 97/98. Distribution in July 1998 for FY 98/99 was $200,000. This was the total amount due to the ODM for FY 98/99. 9 I. FINANCIAL OBLIGATIONS (Continued) V. Process and distribute payments for Office of Desegregation Monitoring (Continued) 2. Actual as of June 28, 2002 (Continued) Distribution in July 1999 for FY 99/00 was $200,000. This was the total amount due to the ODM for FY 99/00. Distribution in July 2000 for FY 00/01 was $200,000. This was the total amount due to the ODM for FY 00/01 . Distribution in August 2001 for FY 01 /02 was $200,000. This was the total amount due to the ODM for FY 01/02. 10 II. MONITORING COMPENSATORY EDUCATION A. Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. 1. Projected Ending Date January 15, 1995 2. Actual as of June 28, 2002 In May 1995, monitors completed the unannounced visits of schools in Pulaski County The monitoring process involved a qualitative process of document reviews, interviews, and observations. The monitoring focused on progress made since the announced monitoring visits. In June 1995, monitoring data from unannounced visits was included in the July Semiannual Report. Twenty-five per cent of all classrooms were visited, and all of the schools in Pulaski County were monitored All principals were interviewed to determine any additional progress since the announced visits. The July 1995 Monitoring Report was reviewed by the ADE administrative team, the Arkansas State Board of Education, and the Districts and filed with the Court. The report was formatted in accordance with the Allen Letter. In October 1995, a common terminology was developed by principals from the Districts and the Lead Planning and Desegregation staff to facilitate the monitoring process. The announced monitoring visits began on November 14, 1995 and were completed on January 26, 1996. Copies of the preliminary Semiannual Monitoring Report and its executive summary were provided to the ADE administrative team and the State Board of Education in January 1996. A report on the current status of the Cycle 5 schools in the ECOE process and their school improvement plans was filed with the Court on February 1, 1996. The unannounced monitoring visits began in February 1996 and ended on May 10, 1996. In June 1996, all announced and unannounced monitoring visits were completed, and the data was analyzed using descriptive statistics. The Districts provided data on enrollment in compensatory education programs The Districts and the ADE Desegregation Monitoring staff developed a definition for instructional programs. 11 II. MONITORING COMPENSATORY EDUCATION (Continued) A. Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. (Continued) 2. Actual as of June 28, 2002 (Continued) The Semiannual Monitoring Report was completed and filed with the Court on July 15, 1996 with copies distributed to the parties. Announced monitoring visits of the Cycle 1 schools began on October 28, 1996 and concluded in December 1996. In January 1997, presentations were made to the State Board of Education, the Desegregation Litigation Oversight Subcommittee, and the parties to review the draft Semiannual Monitoring Report. The monitoring instrument and process were evaluated for their usefulness in monitoring the impacts of compensatory education programs on achievement disparities. In February 1997, the Semiannual Monitoring Report was filed. Unannounced monitoring visits began on February 3, 1997 and concluded in May 1997. In March 1997, letters were sent to the Districts regarding data requirements for the July 1997 Semiannual Monitoring Report and the additional discipline data element that was requested by the Desegregation Litigation Oversight Subcommittee. Desegregation data collection workshops were conducted in the Districts from March 28, 1997 to April 7, 1997. A meeting was conducted on April 3, 1997 to finalize plans for the July 15, 1997 Semiannual Monitoring Report. Onsite visits were made to Cycle 1 schools who did not submit accurate and timely data on discipline, M-to-M transfers, and policy. The July 15, 1997 Semiannual Monitoring Report and its executive summary were finalized in June 1997. In July 1997, the Semiannual Monitoring Report and its executive summary were filed with the court, and the ADE sponsored a School Improvement Conference. On July 10, 1997, copies of the Semiannual Monitoring Report and its executive summary were made available to the Districts for their review prior to filing it with the Court. In August 1997, procedures and schedules were organized for the monitoring of the Cycle 2 schools in FY 97 /98. 12 II. MONITORING COMPENSATORY EDUCATION (Continued) A. Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. (Continued) 2. Actual as of June 28, 2002 (Continued) A Desegregation Monitoring and School Improvement Workshop for the Districts was held on September 10, 1997 to discuss monitoring expectations, instruments, data collection and school improvement visits. On October 9, 1997, a planning meeting was held with the desegregation monitoring staff to discuss deadlines, responsibilities, and strategic planning issues regarding the Semiannual Monitoring Report. Reminder letters were sent to the Cycle 2 principals outlining the data collection deadlines and availability of technical assistance. In October and November 1997, technical assistance visits were conducted, and announced monitoring visits of the Cycle 2 schools were completed. In December 1997 and January 1998, technical assistance visits were conducted regarding team visits, technical review recommendations, and consensus building. Copies of the infusion document and perceptual surveys were provided to schools in the ECOE process. The February 1998 Semiannual Monitoring Report was submitted for review and approval to the State Board of Education, the Director, the Administrative Team, the Attorney General's Office, and the Desegregation Litigation Oversight Subcommittee. Unannounced monitoring visits began in February 1998, and technical assistance was provided on the school improvement process, external team visits and finalizing school improvement plans. On February 18, 1998, the representatives of all parties met to discuss possible revisions to the ADE's monitoring plan and monitoring reports. Additional meetings will be scheduled. Unannounced monitoring visits were conducted in March 1998, and technical assistance was provided on the school improvement process and external team visits. In April 1998, unannounced monitoring visits were conducted, and technical assistance was provided on the school improvement process. 13 II. MONITORING COMPENSATORY EDUCATION (Continued) A Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. (Continued) 2. Actual as of June 28, 2002 (Continued) In May 1998, unannounced monitoring visits were completed, and technical assistance was provided on the school improvement process. On May 18, 1998, the Court granted the ADE relief from its obligation to file the July 1998 Semiannual Monitoring Report to develop proposed modifications to ADE's monitoring and reporting obligations. In June 1998, monitoring information previously submitted by the districts in the Spring of 1998 was reviewed and prepared for historical files and presentation to the Arkansas State Board. Also, in June the following occurred: a) The Extended COE Team Visit Reports were completed , b) the Semiannual Monitoring COE Data Report was completed, c) progress reports were submitted from previous cycles, and d.) staff development on assessment (SA T-9) and curriculum alignment was conducted with three supervisors. In July, the Lead Planner provided the Desegregation Litigation Oversight Committee with (1) a review of the court Order relieving ADE of its obligation to file a July Semiannual Monitoring Report, and (2) an update of ADE's progress toward work with the parties and ODM to develop proposed revisions to ADE's monitoring and reporting obligations. The Committee encouraged ODM, the parties and the ADE to continue to work toward revision of the monitoring and reporting process. In August 1998, the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. The Assistant Attorney General, the Assistant Director for Accountability and the Education Lead Planner updated the group on all relevant desegregation legal issues and proposed revisions to monitoring and reporting activities during the quarter. In September 1998, tentative monitoring dates were established and they will be finalized once proposed revisions to the Desegregation Monitoring Plan are finalized and approved. In September/October 1998, progress was being made on the proposed revisions to the monitoring process by committee representatives of all the Parties in the Pulaski County Settlement Agreement While the revised monitoring plan is finalized and approved, the ADE monitoring staff will continue to provide technical assistance to schools upon request 14 II. MONITORING COMPENSATORY EDUCATION (Continued) A. Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. (Continued) 2. Actual as of June 28, 2002 (Continued) In December 1998, requests were received from schools in PCSSD regarding test score analysis and staff Development. Oak Grove is scheduled for January 21 , 1999 and Lawson Elementary is also tentatively scheduled in January. Staff development regarding test score analysis for Oak Grove and Lawson Elementary in the PCSSD has been rescheduled for April 2000. Staff development regarding test score analysis for Oak Grove and Lawson Elementary in the PCSSD was conducted on May 5, 2000 and May 9, 2000 respectively. Staff development regarding classroom management was provided to the Franklin Elementary School in LRSD on November 8, 2000. Staff development regarding ways to improve academic achievement was presented to College Station Elementary in PCSSD on November 22, 2000. On November 1, 2000, the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. The Assistant Director for Accountability updated the group on all relevant desegregation legal issues and discussed revisions to monitoring and reporting activities during the quarter. The next Implementation Phase Working Group Meeting is scheduled for February 27, 2001 in room 201-A at the ADE. The Implementation Phase Working Group meeting that was scheduled for February 27 had to be postponed. It will be rescheduled as soon as possible The quarterly Implementation Phase Working Group meeting is scheduled for June 27, 2001 . The quarterly Implementation Phase Working Group meeting was rescheduled from June 27. It will take place on July 26, 2001 in room 201-A at 1:30 p.m. at the ADE. 15 II. MONITORING COMPENSATORY EDUCATION (Continued) A. Begin testing and evaluating the monitoring instrument and monitoring system to assure that data is appropriate and useful in monitoring the impacts of compensatory education programs on disparities in academic achievement for black students and white students. (Continued) 2. Actual as of June 28, 2002 (Continued) On July 26, 2001 , the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. Mr. Willie Morris, ADE Lead Planner for Desegregation, updated the group on all relevant desegregation issues. Mr. Mark Hagemeier, Assistant Attorney General, and Mr. Scott Smith, ADE Staff Attorney, discussed the court case involving the LRSD seeking unitary status. The next Implementation Phase Working Group Meeting is scheduled for October 11, 2001 in room 201-A at the ADE. On October 11 , 2001 , the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. Mr. Willie Morris, ADE Lead Planner for Desegregation, updated the group on all relevant desegregation issues. Mr. Scott Smith, ADE Staff Attorney, discussed the ADE's intent to take a proactive role in Desegregation Monitoring. The next Implementation Phase Working Group Meeting is scheduled for January 10, 2002 in room 201-A at the ADE. The Implementation Phase Working Group Meeting that was scheduled for January 10 was postponed. It has been rescheduled for February 14, 2002 in room 201-A at the ADE. On February 12, 2002, the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. Mr. Willie Morris, ADE Lead Planner for Desegregation, updated the group on all relevant desegregation issues. Mr. Mark Hagemeier, Assistant Attorney General, discussed the court case involving the LRSD seeking unitary status. The next Implementation Phase Working Group Meeting is scheduled for April 11 , 2002 in room 201-A at the ADE. On April 11 , 2002, the ADE Implementation Phase Working group met to review the Implementation Phase activities for the previous quarter. Mr. Willie Morris, ADE Lead Planner for Desegregation, updated the group on all relevant desegregation issues. Mr. Mark Hagemeier, Assistant Attorney General, discussed the court case involving the LRSD seeking unitary status. The next Implementation Phase Working Group Meeting is scheduled for July 11 , 2002 in room 201-A at the ADE. 16 Ill. A PETITION FOR ELECTION FOR LRSD WILL BE SUPPORTED SHOULD A MILLAGE BE REQUIRED A. Monitor court pleadings to determine if LRSD has petitioned the Court for a special election. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 Ongoing All Court pleadings are monitored monthly. B. Draft and file appropriate pleadings if LRSD petitions the Court for a special election. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 To date, no action has been taken by the LRSD. 17 IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION A Using a collaborative approach, immediately identify those laws and regulations that appear to impede desegregation. 1. Projected Ending Date December, 1994 2. Actual as of June 28, 2002 The information for this item is detailed under Section IV.E. of this report. B. Conduct a review within ADE of existing legislation and regulations that appear to impede desegregation. 1. Projected Ending Date November, 1994 2. Actual as of June 28, 2002 The information for this item is detailed under Section IV. E. of this report. C. Request of the other parties to the Settlement Agreement that they identify laws and regulations that appear to impede desegregation. 1. Projected Ending Date November, 1994 2. Actual as of June 28, 2002 The information for this item is detailed under Section IV. E. of this report. D. Submit proposals to the State Board of Education for repeal of those regulations that are confirmed to be impediments to desegregation. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The information for this item is detailed under Section IV. E. of this report. 18 e IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION (Continued) E. Submit proposals to the Legislature for repeal of those laws that appear to be impediments to desegregation. 2. Actual as of June 28, 2002 A committee within the ADE was formed in May 1995 to review and collect data on existing legislation and regulations identified by the parties as impediments to desegregation. The committee researched the Districts' concerns to determine if any of the rules, regulations, or legislation cited impede desegregation. The legislation cited by the Districts regarding loss funding and worker's compensation were not reviewed because they had already been litigated. In September 1995, the committee reviewed the following statutes, acts, and regulations: Act 113 of 1993\nADE Director's Communication 93-205\nAct 145 of 1989\nADE Director's Memo 91-67\nADE Program Standards Eligibility Criteria for Special Education\nArkansas Codes 6-18-206, 6-20-307, 6-20-319, and 6-17- 1506. In October 1995, the individual reports prepared by committee members in their areas of expertise and the data used to support their conclusions were submitted to the ADE administrative team for their review. A report was prepared and submitted to the State Board of Education in July 1996. The report concluded that none of the items reviewed impeded desegregation. As of February 3, 1997, no laws or regulations have been determined to impede desegregation efforts. Any new education laws enacted during the Arkansas 81 st Legislative Session will be reviewed at the close of the legislative session to ensure that they do not impede desegregation. In April 1997, copies of all laws passed during the 1997 Regular Session of the 81 st General Assembly were requested from the office of the ADE Liaison to the Legislature for distribution to the Districts for their input and review of possible impediments to their desegregation efforts. In August 1997, a meeting to review the statutes passed in the prior legislative session was scheduled for September 9, 1997. 1 9 IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION (Continued) E. Submit proposals to the Legislature for repeal of those laws that appear to be impediments to desegregation. (Continued) 2. Actual as of June 28, 2002 (Continued) On September 9, 1997, a meeting was held to discuss the review of the statutes passed in the prior legislative session and new ADE regulations. The Districts will be contacted in writing for their input regarding any new laws or regulations that they feel may impede desegregation. Additionally, the Districts will be asked to review their regulations to ensure that they do not impede their desegregation efforts The committee will convene on December 1, 1997 to review their findings and finalize their report to the Administrative Team and the State Board of Education. In October 1997, the Districts were asked to review new regulations and statutes for impediments to their desegregation efforts, and advise the ADE, in writing , if they feel a regulation or statute may impede their desegregation efforts. In October 1997, the Districts were requested to advise the ADE, in writing , no later than November 1, 1997 of any new law that might impede their desegregation efforts. As of November 12, 1997, no written responses were received from the Districts. The ADE concludes that the Districts do not feel that any new law negatively impacts their desegregation efforts. The committee met on December 1, 1997 to discuss their findings regarding statutes and regulations that may impede the desegregation efforts of the Districts. The committee concluded that there were no laws or regulations that impede the desegregation efforts of the Districts. It was decided that the committee chair would prepare a report of the committee's findings for the Administrative Team and the State Board of Education. The committee to review statutes and regulations that impede desegregation is now reviewing proposed bills and regulations, as well as laws that are being signed in, for the current 1999 legislative session. They will continue to do so until the session is over. The committee to review statutes and regulations that impede desegregation will meet on April 26, 1999 at the ADE. The committee met on April 26, 1999 at the ADE. The purpose of the meeting was to identify rules and regulations that might impede desegregation, and review within the existing legislation any regulations that might result in an impediment to desegregation. This is a standing committee that is ongoing and a report will be submitted to the State Board of Education once the process is completed 20 IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION (Continued) E. Submit proposals to the Legislature for repeal of those laws that appear to be impediments to desegregation (Continued) 2. Actual as of June 28, 2002 (Continued) The committee met on May 24, 1999 at the ADE. The committee was asked to review within the existing legislation any regulations that might result in an impediment to desegregation. The committee determined that Mr. Ray Lumpkin would contact the Pulaski County districts to request written response to any rules, regulations or laws that might impede desegregation. The committee would also collect information and data to prepare a report for the State Board. This will be a standing committee. This data gathering will be ongoing until the final report is given to the State Board On July 26, 1999, the committee met at the ADE. The committee did not report any laws or regulations that they currently thought would impede desegregation, and are still waiting for a response from the three districts in Pulaski County. The committee met on August 30, 1999 at the ADE to review rules and regulations that might impede desegregation. At that time, there were no laws under review that appeared to impede desegregation. In November, the three districts sent letters to the ADE stating that they have reviewed the laws passed by the 82nd legislative session as well as current rules \u0026amp; regulations and district policies to ensure that they have no ill effect on desegregation efforts There was some concern from PCSSD concerning a charter school proposal in the Maumelle area. The work of the committee is on-going each month depending on the information that comes before the committee. Any rules, laws or regulations that would impede desegregation will be discussed and reported to the State Board of Education. On October 4, 2000, the ADE presented staff development for assistant superintendents in LRSD, NLRSD and PCSSD regarding school laws of Arkansas. The ADE is in the process of forming a committee to review all Rules and Regulations from the ADE and State Laws that might impede desegregation. The ADE Committee on Statutes and Regulations will review all new laws that might impede desegregation once the 83rd General Assembly has completed this session. The ADE Committee on Statutes and Regulations will meet for the first time on June 11 , 2001 at 9:00 a.m. in room 204-A at the ADE. The committee will review all new laws that might impede desegregation that were passed during the 2001 Legislative Session 21 IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION (Continued) E. Submit proposals to the Legislature for repeal of those laws that appear to be impediments to desegregation. (Continued) 2. Actual as of June 28, 2002 (Continued) The ADE Committee on Statutes and Regulations rescheduled the meeting that was planned for June 11, in order to review new regulations proposed to the State Board of Education. The meeting will take place on July 16, 2001 at 9:00 a.m. at the ADE. The ADE Committee to Repeal Statutes and Regulations that Impede Desegregation met on July 16, 2001 at the ADE. The following Items were discussed: (1) Review of 2001 state laws which appear to impede desegregation. (2) Review of existing ADE regulations which appear to impede desegregation. (3) Report any laws or regulations found to impede desegregation to the Arkansas State Legislature, the ADE and the Pulaski County school districts. The next meeting will take place on August 27, 2001 at 9:00 a m. at the ADE. The ADE Committee to Repeal Statutes and Regulations that Impede Desegregation met on August 27, 2001 at the ADE. The Committee is reviewing all relevant laws or regulations produced by the Arkansas State Legislature, the ADE and the Pulaski County school districts in FY 2000/2001 to determine if they may impede desegregation. The next meeting will take place on September 10, 2001 in Conference Room 204-B at 2 00 p.m. at the ADE. The ADE Committee to Repeal Statutes and Regulations that Impede Desegregation met on September 10, 2001 at the ADE. The Committee is reviewing all relevant laws or regulations produced by the Arkansas State Legislature, the ADE and the Pulaski County school districts in FY 2000/2001 to determine if they may impede desegregation. The next meeting will take place on October 24, 2001 in Conference Room 204-B at 2 00 p.m. at the ADE. The ADE Committee to Repeal Statutes and Regulations that Impede Desegregation met on October 24, 2001 at the ADE. The Committee is reviewing all relevant laws or regulations produced by the Arkansas State Legislature, the ADE and the Pulaski County school districts in FY 2000/2001 to determine if they may impede desegregation. On December 17, 2001 , the ADE Committee to Repeal Statutes and Regulations that Impede Desegregation composed letters that will be sent to the school districts in Pulaski County The letters ask for input regarding any new laws or regulations that may impede desegregation. Laws to review include those of the 83rd General Assembly, ADE regulations, and regulations of the Districts. 22 IV. REPEAL STATUTES AND REGULATIONS THAT IMPEDE DESEGREGATION (Continued) E. Submit proposals to the Legislature for repeal of those laws that appear to be impediments to desegregation. (Continued) 2. Actual as of June 28, 2002 (Continued) On January 10, 2002, the ADE Committee to Repeal Statutes and Regulations that Impede Desegregation sent letters to the school districts in Pulaski County. The letters ask for input regarding any new laws or regulations that may impede desegregation. The districts were asked to respond by March 8, 2002. On March 5, 2002, A letter was sent from the LRSD which mentioned Act 17 48 and Act 1667 passed during the 83rd Legislative Session which may impede desegregation. These laws will be researched to determine if changes need to be made. A letter was sent from the N LRSD on March 19, noting that the district did not find any laws which impede desegregation. On April 26, 2002, A letter was sent for the PCSSD to the ADE, noting that the district did not find any laws which impede desegregation except the \"deannexation\" legislation which the District opposed before the Senate committee. 23 V. COMMITMENT TO PRINCIPLES A. Through a preamble to the Implementation Plan, the Board of Education will reaffirm its commitment to the principles of the Settlement Agreement and outcomes of programs intended to apply those principles. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The preamble was contained in the Implementation Plan filed with the Court on March 15, 1994. B. Through execution of the Implementation Plan, the Board of Education will continue to reaffirm its commitment to the principles of the Settlement Agreement and outcomes of programs intended to apply those principles. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 Ongoing C. Through execution of the Implementation Plan, the Board of Education will continue to reaffirm its commitment to the principles of the Settlement Agreement by actions taken by ADE in response to monitoring results. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 Ongoing D. Through regular oversight of the Implementation Phase's Project ManagementTool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. 1. Projected Ending Date Ongoing 24 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. (Continued) 2. Actual as of June 28, 2002 At each regular monthly meeting of the State Board of Education, the Board is provided copies of the most recent Project Management Tool (PMT) and an executive summary of the PMT for their review and approval. Only activities that are in addition to the Board's monthly review of the PMT are detailed below. In May 1995, the State Board of Education was informed of the total number of schools visited during the monitoring phase and the data collection process. Suggestions were presented to the State Board of Education on how recommendations could be presented in the monitoring reports. In June 1995, an update on the status of the pending Semiannual Monitoring Report was provided to the State Board of Education. In July 1995, the July Semiannual Monitoring Report was reviewed by the State Board of Education. On August 14, 1995, the State Board of Education was informed of the need to increase minority participation in the teacher scholarship program and provided tentative monitoring dates to facilitate reporting requests by the ADE administrative team and the Desegregation Litigation Oversight Subcommittee In September 1995, the State Board of Education was advised of a change in the PMT from a table format to a narrative format. The Board was also briefed about a meeting with the Office of Desegregation Monitoring regarding the PMT. In October 1995, the State Board of Education was updated on monitoring timelines. The Board was also informed of a meeting with the parties regarding a review of the Semiannual Monitoring Report and the monitoring process, and the progress of the test validation study. In November 1995, a report was made to the State Board of Education regarding the monitoring schedule and a meeting with the parties concerning the development of a common terminology for monitoring purposes. In December 1995, the State Board of Education was updated regarding announced monitoring visits. In January 1996, copies of the draft February Semiannual Monitoring Report and its executive summary were provided to the State Board of Education 25 V COMMITMENT TO PRINCIPLES (Continued) 0 Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of AOE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. (Continued) 2. Actual as of June 28, 2002 (Continued) During the months of February 1996 through May 1996, the PMT report was the only item on the agenda regarding the status of the implementation of the Monitoring Plan. In June 1996, the State Board of Education was updated on the status of the bias review study. In July 1996, the Semiannual Monitoring Report was provided to the Court, the parties, ODM, the State Board of Education, and the Desegregation Litigation Oversight Subcommittee. In August 1996, the State Board of Education and the ADE administrative team were provided with copies of the test validation study prepared by Or. Paul Williams. During the months of September 1996 through December 1996, the PMT was the only item on the agenda regarding the status of the implementation of the Monitoring Plan. On January 13, 1997, a presentation was made to the State Board of Education regarding the February 1997 Semiannual Monitoring Report, and copies of the report and its executive summary were distributed to all Board members. The Project Management Tool and its executive summary were addressed at the February 10, 1997 State Board of Education meeting regarding the ADE's progress in fulfilling their obligations as set forth in the Implementation Plan. In March 1997, the State Board of Education was notified that historical information in the PMT had been summarized at the direction of the Assistant Attorney General in order to reduce the size and increase the clarity of the report. The Board was updated on the Pulaski County Desegregation Case and reviewed the Memorandum Opinion and Order issued by the Court on February 18, 1997 in response to the Districts' motion for summary judgment on the issue of state funding for teacher retirement matching contributions. During the months of April 1997 through June 1997, the PMT was the only item on the agenda regarding the status of the implementation of the Monitoring Plan. The State Board of Education received copies of the July 15, 1997 Semiannual Monitoring Report and executive summary at the July Board meeting 26 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement (Continued) 2. Actual as of June 28, 2002 (Continued) The Implementation Phase Working Group held its quarterly meeting on August 4, 1997 to discuss the progress made in attaining the goals set forth in the Implementation Plan and the critical areas for the current quarter. A special report regarding a historical review of the Pulaski County Settlement Agreement and the ADE's role and monitoring obligations were presented to the State Board of Education on September 8, 1997. Additionally, the July 15, 1997 Semiannual Monitoring Report was presented to the Board for their review. In October 1997, a special draft report regarding disparity in achievement was submitted to the State Board Chairman and the Desegregation Litigation Oversight Subcommittee. In November 1997, the State Board of Education was provided copies of the monthly PMT and its executive summary. The Implementation Phase Working Group held its quarterly meeting on November 3, 1997 to discuss the progress made in attaining the goals set forth in the Implementation Plan and the critical areas for the current quarter. In December 1997, the State Board of Education was provided copies of the monthly PMT and its executive summary. In January 1998, the State Board of Education reviewed and discussed ODM's report on the AD E's monitoring activities and instructed the Director to meet with the parties to discuss revisions to the ADE's monitoring plan and monitoring reports. In February 1998, the State Board of Education reviewed and approved the PMT and discussed the February 1998 Semiannual Monitoring Report. In March 1998, the State Board of Education reviewed and approved the PMT and its executive summary and was provided an update regarding proposed revisions to the monitoring process In April 1998, the State Board of Education reviewed and approved the PMT and its executive summary. In May 1998, the State Board of Education reviewed and approved the PMT and its executive summary. 27 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement (Continued) 2. Actual as of June 28, 2002 (Continued) In June 1998, the State Board of Education reviewed and approved the PMT and its executive summary The State Board of Education also reviewed how the ADE would report progress in the PMT concerning revisions in AD E's Monitoring Plan In July 1998, the State Board of Education reviewed and approved the PMT and its executive summary The State Board of Education also received an update on Test Validation, the Desegregation Litigation Oversight Committee Meeting, and revisions in ADE's Monitoring Plan. In August 1998, the State Board of Education reviewed and approved the PMT and its executive summary. The Board also received an update on the five discussion points regarding the proposed revisions to the monitoring and reporting process . The Board also reviewed the basic goal of the Minority Recruitment Committee. In September 1998, the State Board of Education reviewed the proposed modifications to the Monitoring plans by reviewing the common core of written response received from the districts. The primary commonalities were (1) Staff Development, (2) Achievement Disparity and (3) Disciplinary Disparity. A meeting of the parties is scheduled to be conducted on Thursday, September 17, 1998. The Board encouraged the Department to identify a deadline for Standardized Test Validation and Test Selection. In October 1998, the Board received the progress report on Proposed Revisions to the Desegregation Monitoring and Reporting Process (see XVIII). The Board also reviewed and approved the PMT and its executive summary. In November, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also received an update on the proposed revisions in the Desegregation monitoring Process and the update on Test validation and Test Selection provisions of the Settlement Agreement The Board was also notified that the Implementation Plan Working Committee held its quarterly meeting to review progress and identify quarterly priorities. In December, the State Board of Education reviewed the PMT and its executive summary The Board also received an update on the joint motion by the ADE, the LRSD, NLRSD, and the PCSSD, to relieve the Department of its obligation to file a February Semiannual Monitoring Report. The Board was also notified that the Joshua lntervenors filed a motion opposing the joint motion. The Board was informed that the ADE was waiting on a response from Court. 28 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement (Continued) 2. Actual as of June 28, 2002 (Continued) In January, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also received an update on the joint motion of the ADE, LRSD, PCSSD, and NLRSD for an order relieving the ADE of filing a February 1999 Monitoring Report. The motion was granted subject to the following three conditions (1) notify the Joshua intervenors of all meetings between the parties to discuss proposed changes, (2) file with the Court on or before February 1, 1999, a report detailing the progress made in developing proposed changes and (3) identify ways in which ADE might assist districts in their efforts to improve academic achievement In February, the Arkansas State Board of Education reviewed the PMT and its executive summary The Board was informed that the three conditions: (1) notify the Joshua lntervenors of all meetings between the parties to discuss proposed changes, (2) file with the Court on or before February 1, 1999, a report detailing the progress made in developing proposed changes and (3) identify ways in which ADE might assist districts in their efforts to improve academic achievement had been satisfied . The Joshua lntervenors were invited again to attend the meeting of the parties and they attended on January 13, and January 28, 1999. They are also scheduled to attend on February 17, 1998. The report of progress, a collaborative effort from all parties was presented to court on February 1, 1999. The Board was also informed that additional items were received for inclusion in the revised report, after the deadline for the submission of the progress report and the ADE would (1) check them for feasibility, and fiscal impact if any, and (2) include the items in future drafts of the report. In March, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also received and reviewed the Desegregation Monitoring and Assistance Progress Report submitted to Court on February 1, 1999. On April 12, and May 10, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also was notified that once the financial section of the proposed plan was completed , the revised plan would be submitted to the board for approval. On June 14, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also was notified that once the financial section of the proposed plan was completed, the revised plan would be submitted to the board for approval. 29 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. (Continued) 2. Actual as of June 28, 2002 (Continued) On July 12, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board also was notified that once the financial section of the proposed plan was completed, the revised plan would be submitted to the board for approval. On August 9, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board was also notified that the new Desegregation Monitoring and Assistance Plan would be ready to submit to the Board for their review \u0026amp; approval as soon as plans were finalized . On September 13, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary. The Board was also notified that the new Desegregation Monitoring and Assistance Plan would be ready to submit to the Board for their review \u0026amp; approval as soon as plans were finalized . On October 12, 1999, the Arkansas State Board of Education reviewed the PMT and its executive summary The Board was notified that on September 21 , 1999 that the Office of Education Lead Planning and Desegregation Monitoring meet before the Desegregation Litigation Oversight Subcommittee and presented them with the draft version of the new Desegregation Monitoring and Assistance Plan. The State Board was notified that the plan would be submitted for Board review and approval when finalized . On November 8, 1999, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of October. On December 13, 1999, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of November. On January 10, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of December. On February 14, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of January. On March 13, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of February. On April 10, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of March. 30 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. (Continued) 2. Actual as of June 28, 2002 (Continued) On May 8, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of April. On June 12, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of May. On July 10, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of June. On August 14, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of July. On September 11 , 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of August. On October 9, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of September. On November 13, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of October. On December 11, 2000, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of November On January 8, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of December. On February 12, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of January. On March 12, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of February On April 9, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of March. On May 14, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of April. On June 11, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of May. 31 V. COMMITMENT TO PRINCIPLES (Continued) D. Through regular oversight of the Implementation Phase's Project Management Tool, and scrutiny of results of ADE's actions, the Board of Education will act on its commitment to the principles of the Settlement Agreement. (Continued) 2. Actual as of June 28, 2002 (Continued) On July 9, 2001, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of June. On August 13, 2001 , the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of July. On September 10, 2001 , the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of August. On October 8, 2001 , the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of September. On November 19, 2001, the Arkansas State Board of Education reviewed and.approved the PMT and its executive summary for the month of October. On December 10, 2001 , the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of November. On January 14, 2002, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of December. On February 11 , 2002, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of January. On March 11, 2002, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of February. On April 8, 2002, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of March. On May 13, 2002, the Arkansas State Board of Education reviewed and approved the PMT and its executive summary for the month of April. oR:Oulielmr~JRi2.ftB\n::e.rRansas State Board of Education reviewed and approved the i5MTand lts e{~tuH9e sGmmar/ior.the rTiqrlth of May. 3 2 VI. REMEDIATION A. Through the Extended COE process, the needs for technical assistance by District, by School, and by desegregation compensatory education programs will be identified. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 During May 1995, team visits to Cycle 4 schools were conducted, and plans were developed for reviewing the Cycle 5 schools. In June 1995, the current Extended COE packet was reviewed, and enhancements to the Extended COE packet were prepared. In July 1995, year end reports were finalized by the Pulaski County field service specialists, and plans were finalized for reviewing the draft improvement plans of the Cycle 5 schools. In August 1995, Phase I - Cycle 5 school improvement plans were reviewed. Plans were developed for meeting with the Districts to discuss plans for Phase II - Cycle 1 schools of Extended COE, and a school improvement conference was conducted in Hot Springs. The technical review visits for the FY 95/96 year and the documentation process were also discussed. In October 1995, two computer programs, the Effective Schools Planner and the Effective Schools Research Assistant, were ordered for review, and the first draft of a monitoring checklist for Extended COE was developed. Through the Extended COE process, the field service representatives provided technical assistance based on the needs identified within the Districts from the data gathered. In November 1995, ADE personnel discussed and planned for the FY 95/96 monitoring, and onsite visits were conducted to prepare schools for the FY 95/96 team visits. Technical review visits continued in the Districts. In December 1995, announced monitoring and technical assistance visits were conducted in the Districts. At December 31 , 1995, approximately 59% of the schools in the Districts had been monitored. Technical review visits were conducted during January 1996. In February 1996, announced monitoring visits and midyear monitoring reports were completed, and the field service specialists prepared for the spring NCA/COE peer team visits. 33 VI. REMEDIATION (Continued) A. Through the Extended COE process, the needs for technical assistance by District, by School, and by desegregation compensatory education programs will be identified. (Continued) 2. Actual as of June 28, 2002 (Continued) In March 1996, unannounced monitoring visits of Cycle 5 schools commenced, and two-day peer team visits of Cycle 5 schools were conducted. Two-day team visit materials, team lists and reports were prepared. Technical assistance was provided to schools in final preparation for team visits and to schools needing any school improvement information. In April and May 1996, the unannounced monitoring visits were completed. The unannounced monitoring forms were reviewed and included in the July monitoring report. The two-day peer team visits were completed, and annual COE monitoring reports were prepared. In June 1996, all announced and unannounced monitoring visits of the Cycle 5 schools were completed, and the data was analyzed. The Districts identified enrollment in compensatory education programs. The Semiannual Monitoring Report was completed and filed with the Court on July 15, 1996, and copies were distributed to the parties. During August 1996, meetings were held with the Districts to discuss the monitoring requirements. Technical assistance meetings with Cycle 1 schools were planned for 96/97. The Districts were requested to record discipline data in accordance with the Allen Letter. In September 1996, recommendations regarding the ADE monitoring schedule for Cycle 1 schools and content layouts of the semiannual report were submitted to the ADE administrative team for their review. Training materials were developed and schedules outlined for Cycle 1 schools. In October 1996, technical assistance needs were identified and addressed to prepare each school for their team visits. Announced monitoring visits of the Cycle 1 schools began on October 28, 1996. In December 1996, the announced monitoring visits of the Cycle 1 schools were completed , and technical assistance needs were identified from school site visits. In January 1997, the ECOE monitoring section identified technical assistance needs of the Cycle 1 schools, and the data was reviewed when the draft February Semiannual Monitoring Report was presented to the Desegregation Litigation Oversight Subcommittee, the State Board of Education, and the parties 34 VI. REMEDIATION (Continued) A. Through the Extended COE process, the needs for technical assistance by District, by School, and by desegregation compensatory education programs will be identified. (Continued) 2. Actual as of June 28, 2002 (Continued) In February 1997, field service specialists prepared for the peer team visits of the Cycle 1 schools. NCA accreditation reports were presented to the NCA Committee, and NCA reports were prepared for presentation at the April NCA meeting in Chicago From March to May 1997, 111 visits were made to schools or central offices to work with principals, ECOE steering committees, and designated district personnel concerning school improvement planning. A workshop was conducted on Learning Styles for Geyer Springs Elementary School. A School Improvement Conference was held in Hot Springs on July 15-17, 1997. The conference included information on the process of continuous school improvement, results of the first five years of COE, connecting the mission with the school improvement plan, and improving academic performance . Technical assistance needs were evaluated for the FY 97 /98 school year in August 1997. From October 1997 to February 1998, technical reviews of the ECOE process were conducted by the field service representatives. Technical assistance was provided to the Districts through meetings with the ECOE steering committees, assistance in analyzing perceptual surveys, and by providing samples of school improvement plans , Gold File catalogs, and web site addresses to schools visited. Additional technical assistance was provided to the Districts through discussions with the ECOE committees and chairs about the process. In November 1997, technical reviews of the ECOE process were conducted by the field service representati ves in conjunction with the announced monitoring visits. Workshops on brainstorming and consensus building and asking strategic questions were held in January and February 1998. In March 1998, the field service representatives conducted ECOE team visits and prepared materials for the NCA workshop. Technical assistance was provided in workshops on the ECOE process and team visits. In April 1998, technical assistance was provided on the ECOE process and academically distressed schools. In May 1998, technical assistance was provided on the ECOE process, and team visits were conducted . 35 VI. REMEDIATION (Continued) A. Through the Extended COE process, the needs for technical assistance by District, by School, and by desegregation compensatory education programs will be identified. (Continued) 2. Actual as of June 28, 2002 (Continued) In June 1998, the Extended COE Team Visit Reports were completed. A School Improvement Conference was held in Hot Springs on July 13-15, 1998. Major conference topics included information on the process of continuous school improvement, curriculum alignment, \"Smart Start,\" Distance Learning, using data to improve academic performance, educational technology, and multicultural education. All school districts in Arkansas were invited and representatives from Pulaski County attended. In September 1998, requests for technical assistance were received, visitation schedules were established, and assistance teams began visiting the Districts. Assistance was provided by telephone and on-site visits. The ADE provided inservice training on \"Using Data to Sharpen the Focus on Student Achievement\" at Gibbs Magnet Elementary school on October 5, 1998 at their request The staff was taught how to increase test scores through data disaggregation, analysis, alignment, longitudinal achievement review, and use of individualized test data by student, teacher, class and content area. Information was also provided regarding the \"Smart Start\" and the \"Academic Distress\" initiatives. On October 20, 1998, ECOE technical assistance was provided to Southwest Jr. High School. B. Identify available resources for providing technical assistance for the specific condition, or circumstances of need, considering resources within ADE and the Districts, and also resources available from outside sources and experts. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The information for this item is detailed under Section VLF. of this report. C. Through the ERIC system, conduct a literature search for research evaluating compensatory education programs 1. Projected Ending Date Ongoing 36 VI. REMEDIATION (Continued) C. D. Through the ERIC system, conduct a literature search for research evaluating compensatory education programs. (Continued) 2. Actual as of June 28, 2002 An updated ERIC Search was conducted on May 15, 1995 to locate research on evaluating compensatory education programs. The ADE received the updated ERIC disc that covered material through March 1995. An ERIC search was conducted in September 30, 1996 to identify current research dealing with the evaluation of compensatory education programs, and the articles were reviewed. An ERIC search was conducted in April 1997 to identify current research on compensatory education programs and sent to the Cycle 1 principals and the field service specialists for their use. An Eric search was conducted in October 1998 on the topic of Compensatory Education and related descriptors. The search included articles with publication dates from 1997 through July 1998. Identify and research technical resources available to ADE and the Districts through programs and organizations such as the Desegregation Assistance Center in San Antonio, Texas. 1. Projected Ending Date Summer 1994 2. Actual as of June 28, 2002 The information for this item is detailed under Section VI.F. of this report. E. Solicit, obtain, and use available resources for technical assi stance. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The information for this item is detailed under Section VI.F. of this report. 37 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 From March 1995 through July 1995, technical assistance and resources were obtained from the following sources: the Southwest Regional Cooperative\nUALR regarding training for monitors\nODM on a project management software\nADHE regarding data review and display\nand Phi Delta Kappa , the Desegregation Assistance Center and the Dawson Cooperative regarding perceptual surveys Technical assistance was received on the Microsoft Project software in November 1995, and a draft of the PMT report using the new software package was presented to the ADE administrative team for review In December 1995, a data manager was hired permanently to provide technical assistance with computer software and hardware. In October 1996, the field service specialists conducted workshops in the Districts to address their technical assistance needs and provided assistance for upcoming team visits. In November and December 1996, the field service specialists addressed technical assistance needs of the schools in the Districts as they were identified and continued to provide technical assistance for the upcoming team visits. In January 1997, a draft of the February 1997 Semiannual Monitoring Report was presented to the State Board of Education, the Desegregation Litigation Oversight Subcommittee, and the parties. The ECOE monitoring section of the report included information that identified technical assistance needs and resources available to the Cycle 1 schools. Technical assistance was provided during the January 29-31, 1997 Title I MidWinter Conference. The conference emphasized creating a learning community by building capacity schools to better serve all children and empowering parents to acquire additional skills and knowledge to better support the education of their children. In February 1997, three ADE employees attended the Southeast Regional Conference on Educating Black Children. Participants received training from national experts who outlined specific steps that promote and improve the education of black children. 38 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On March 6-9, 1997, three members of the ADE's Technical Assistance Section attended the National Committee for School Desegregation Conference. The participants received training in strategies for Excellence and Equity: Empowerment and Training for the Future. Specific information was received regarding the current status of court-ordered desegregation, unitary status, and resegregation and distributed to the Districts and ADE personnel. The field service specialists attended workshops in March on ACT testing and school improvement to identify technical assistance resources available to the Districts and the ADE that will facilitate desegregation efforts. ADE personnel attended the Eighth Annual Conference on Middle Level Education in Arkansas presented by the Arkansas Association of Middle Level Education on April 6-8, 1997. The theme of the conference was Sailing Toward New Horizons. In May 1997, the field service specialists attended the NCA annual conference and an inservice session with Mutiu Fagbayi An Implementation Oversight Committee member participated in the Consolidated COE Plan in service training. In June and July 1997, field service staff attended an SAT-9 testing workshop and participated in the three-day School Improvement Conference held in Hot Springs. The conference provided the Districts with information on the COE school improvement process, technical assistance on monitoring and assessing achievement, availability of technology for the classroom teacher, and teaching strategies for successful student achievement. In August 1997, field service personnel attended the ASCD Statewide Conference and the AAEA Administrators Conference. On August 18, 1997, the bi-monthly Team V meeting was held and presentations were made on the Early Literacy Learning in Arkansas (ELLA) program and the Schools of the 21st Century program In September 1997, technical assistance was provided to the Cycle 2 principals on data collection for onsite and offsite monitoring. ADE personnel attended the Region VI Desegregation Conference in October 1997. Current desegregation and educational equity cases and unitary status issues were the primary focus of the conference. On October 14, 1997, the bi-monthly Team V meeting was held in Paragould to enable members to observe a 21st Century school and a school that incorporates traditional and multi-age classes in its curriculum. 39 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) In November 1997, the field service representatives attended the Governor's Partnership Workshop to discuss how to tie the committee's activities with the ECOE process. In March 1998, the field service representatives attended a school improvement conference and conducted workshops on team building and ECOE team visits. Staff development seminars on Using Data to Sharpen the Focus on Student Achievement are scheduled for March 23, 1998 and March 27, 1998 for the Districts. In April 1998, the Districts participated in an ADE seminar to aid them in evaluating and improving student achievement. In August 1998, the Field Service Staff attended inservice to provide further assistance to schools, i.e., Title I Summer Planning Session, ADE session on Smart Start, and the School Improvement Workshops. All schools and districts in Pulaski County were invited to attend the \"Smart Start\" Summit November 9, 10, and 11 to learn more about strategies to increase student performance. \"Smart Start\" is a standards-driven educational initiative which emphasizes the articulation of clear standards for student achievement and accurate measures of progress against those standards through assessments, staff development and individual school accountability. The Smart Start Initiative focused on improving reading and mathematics achievement for all students in Grades K-4. Representatives from all three districts attended. On January 21 , 1998, the ADE provided staff development for the staff at Oak Grove Elementary School designed to assist them with their efforts to improve student achievement. Using achievement data from Oak Grove, educators reviewed trends in achievement data, identified areas of greatest need, and reviewed seven steps for improving student performance. On February 24, 1999, the ADE provided staff development for the administrative staff at Clinton Elementary School regarding analysis of achievement data. On February 15, 1999, staff development was rescheduled for Lawson Elementary School. The staff development program was designed to assist them with their efforts to improve student achievement using achievement data from Lawson, educators reviewed the components of the Arkansas Smart Initiative, trends in achievement data, identified areas of greatest need, and reviewed seven steps for improving student performance. Student Achievement Workshops were rescheduled for Southwest Jr. High in the Little Rock School District, and the Oak Grove Elementary School in the Pulaski County School District. 40 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On April 30, 1999, a Student Achievement Workshop was conducted for Oak Grove Elementary School in PCSSD. The Student Achievement Workshop for Southwest Jr. High in LRSD has been rescheduled. On June 8, 1999, a workshop was presented to representatives from each of the Arkansas Education Service Cooperatives and representatives from each of the three districts in Pulaski County. The workshop detailed the Arkansas Comprehensive Testing , Assessment and Accountability Program (ACTAAP). On June 18, 1999, a workshop was presented to administrators of the NLRSD. The workshop detailed the Arkansas Comprehensive Testing, Assessment and Accountability Program (ACTAAP) . On August 16, 1999, professional development on ways to increase student achievement and the components of the new ACTAAP program was presented during the preschool staff development activities for teaching assistant in the LRSD. On August 20, 1999, professional development on ways to increase student achievement and the components of the new ACTAAP program was presented during the preschool staff development activities for the Accelerated Learning Center in the LRSD On September 13, 1999, professional development on ways to increase student achievement and the components of the new ACTAAP program were presented to the staff at Booker T. Washington Magnet Elementary School. On September 27, 1999, professional development on ways to increase student achievement was presented to the Middle and High School staffs of the NLRSD. The workshop also covered the components of the new ACT AAP program, and ACT 999 of 1999. On October 26, 1999, professional development on ways to increase student achievement was presented to LRSD personnel through a staff development training class. The workshop also covered the components of the new ACTAAP program, and ACT 999 of 1999. On December 7, 1999, professional development on ways to increase student achievement was scheduled for Southwest Middle School in the LRSD. The workshop was also set to cover the components of the new ACTAAP program, and ACT 999 of 1999. However, Southwest Middle School administrators had a need to reschedule, therefore the workshop will be rescheduled. 41 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On January 10, 2000, professional development on ways to increase student achievement was conducted for both Dr. Martin Luther King Magnet Elementary School \u0026amp; Little Rock Central High School. The workshops also covered the components of the new ACTAAP program, and ACT 999 of 1999. On March 1, 2000, professional development on ways to increase student achievement was conducted for all principals and district level administrators in the PCSSD. The workshop also covered the components of the new ACTAAP program , and ACT 999 of 1999. On April 12, 2000, professional development on ways to increase student achievement was conducted for the LRSD. The workshop also covered the components of the new ACTAAP program, and ACT 999 of 1999. Targeted staffs from the middle and junior high schools in the three districts in Pulaski County attended the Smart Step Summit on May 1 and May 2. Training was provided regarding the overview of the \"Smart Step\" initiative, \"Standard and Accountability in Action ,\" and \"Creating Learning Environments Through Leadership Teams.\" The ADE provided training on the development of alternative assessment September 12-13, 2000 Information was provided regarding the assessment of Special Education and LEP students. Representatives from each district were provided the opportunity to select a team of educators from each school within the district to participate in professional development regarding Integrating Curriculum and Assessment K-12. The professional development activity was directed by the national consultant, Dr. Heidi Hays Jacobs, on September 14 and 15, 2000. The ADE provided professional development workshops from October2 through October 13, 2000 regarding, \"The Write Stuff: Curriculum Frameworks, Content Standards and Item Development\" Experts from the Data Recognition Corporation provided the training. Representatives from each district were provided the opportunity to select a team of educators from each school within the district to participate The ADE provided training on Alternative Assessment Portfolio Systems by video conference for Special Education and LEP Teachers on November 17, 2000. Also, Alternative Assessment Portfolio System Training was provided for testing coordinators through teleconference broadcast on November 27, 2000. 42 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance (Continued) 2. Actual as of June 28, 2002 (Continued) On December 12, 2000, the ADE provided training for Test Coordinators on end of course assessments in Geometry and Algebra I Pilot examination. Experts from the Data Recognition Corporation conducted the professional development at the Arkansas Teacher Retirement Building. The ADE presented a one-day training session with Dr. Cecil Reynolds on the Behavior Assessment for Children (BASC). This took place on December 7, 2000 at the NLRSD Administrative Annex Dr. Reynolds is a practicing clinical psychologist. He is also a professor at Texas A \u0026amp; M University and a nationally known author. In the training , Dr. Reynolds addressed the following 1) how to use and interpret information obtained on the direct observation form, 2) how to use this information for programming, 3) when to use the BASC, 4) when to refer for more or additional testing or evaluation, 5) who should complete the forms and when, (ie , parents, teachers, students), 6) how to correctly interpret scores. This training was intended to especially benefit School Psychology Specialists, psychologists, psychological examiners, educational examiners and counselors. During January 22-26, 2001 the ADE presented the ACTAAP Intermediate (Grade 6) Benchmark Professional Development Workshop on Item Writing. Experts from the Data Recognition Corporation provided the training. Representatives from each district were invited to attend . On January 12, 2001 the ADE presented test administrators training for mid-year End of Course (Pilot) Algebra I and Geometry exams This was provided for schools with block scheduling . On January 13, 2001 the ADE presented SmartScience Lessons and worked with teachers to produce curriculum This was shared with eight Master Teachers. The SmartScience Lessons were developed by the Arkansas Science Teachers Association in conjunction with the Wilbur Mills Educational Cooperative under an Eisenhower grant provided by the ADE. The purpose of SmartScience is to provide K-6 teachers with activity-oriented science lessons that incorporate reading, writing, and mathematics skills. The following training has been provided for educators in the three districts in Pulaski County by the Division of Special Education at the ADE since January 2000: On January 6, 2000, training was conducted for the Shannon Hills Pre-school Program, entitled \"Things you can do at home to support your child 's learning.\" This was presented by Don Boyd - ASERC and Shelley Weir. The school's director and seven parents attended . 43 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance (Continued) 2. Actual as of June 28, 2002 (Continued) On March 8, 2000, training was conducted for the Southwest Middle School in Little Rock, on ADD. Six people attended the training There was follow-up training on Learning and Reading Styles on March 26. This was presented by Don Boyd - ASERC and Shelley Weir. On September 7, 2000, Autism and Classroom Accommodations for the LRSD at Chicot Elementary School was presented . Bryan Ayres and Shelley Weir were presenters. The participants were Karen Sabo, Kindergarten Teacher\nMelissa Gleason, Paraprofessional\nCurtis Mayfield, PE Teacher\nLisa Poteet, Speech Language Pathologist\nJane Harkey, Principal\nKathy Penn-Norman, Special Education Coordinator\nAlice Phillips, Occupational Therapist. On September 15, 2000, the Governor's Developmental Disability Coalition Conference presented Assistive Technology Devices \u0026amp; Services This was held at the Arlington Hotel in Hot Springs Bryan Ayres was the presenter. On September 19, 2000, Autism and Classroom Accommodations for the LRSD at Jefferson Elementary School was presented. Bryan Ayres and Shelley Weir were presenters. The participants were Melissa Chaney, Special Education Teacher\nBarbara Barnes, Special Education Coordinator\na Principal , a Counselor, a Librarian, and a Paraprofessional. On October 6, 2000, Integrating Assistive Technology Into Curriculum was presented at a conference in the Hot Springs Convention Center. Presenters were: Bryan Ayers and Aleecia Starkey. Speech Language Pathologists from LRSD and NLRSD attended . On October 24, 2000, Consideration and Assessment of Assistive Technology was presented through Compressed Video-Teleconference at the ADE facility in West Little Rock. Bryan Ayres was the presenter. On October 25 and 26, 2000, Alternate Assessment for Students with Severe Disabilities for the LRSD at J. A. Fair High School was presented Bryan Ayres was the presenter. The participants were Susan Chapman, Special Education Coordinator\nMary Steele, Special Education Teacher\nDenise Nesbit, Speech Language Pathologist\nand three Paraprofessionals. On November 14, 2000, Consideration and Assessment of Assistive Technology was presented through Compressed Video-Teleconference at the ADE facility in West Little Rock. Bryan Ayres was the presenter. On November 17, 2000, training was conducted on Autism for the LRSD at the Instructional Resource Center. Bryan Ayres and Shelley Weir were presenters. 44 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On December 5, 2000, Access to the Curriculum Via the use of Assistive Technology Computer Lab was presented Bryan Ayres was the presenter of this teleconference. The participants were: Tim Fisk, Speech Language Pathologist from Arch Ford Education Service Cooperative at Plumerville and Patsy Lewis, Special Education Teacher from Mabelvale Middle School in the LRSD. On January 9,2001, Consideration and Assessment of Assistive Technology was presented through Compressed Video-Teleconference at the ADE facility in West Little Rock. Bryan Ayres was the presenter Kathy Brown, a vision consultant from the LRSD, was a participant. On January 23, 2001, Autism and Classroom Modifications for the LRSD at Brady Elementary School was presented. Bryan Ayres and Shelley Weir were presenters The participants were: Beverly Cook, Special Education Teacher\nAmy Littrell, Speech Language Pathologist\nJan Feurjg , Occupational Therapist\nCarolyn James, Paraprofessional\nCindy Kackly, Paraprofessional\nand Rita Deloney, Paraprofessional. The ADE provided training on Alternative Assessment Portfolio Systems for Special Education and Limited English Proficient students through teleconference broadcast on February 5, 2001 . Presenters were: Charlotte Marvel, ADE\nDr. Gayle Potter, ADE\nMarcia Harding, ADE\nLynn Springfield, ASERC\nMary Steele, J. A. Fair High School, LRSD\nBryan Ayres , Easter Seals Outreach. This was provided for Special Education teachers and supervisors in the morning, and Limited English Proficient teachers and supervisors in the afternoon. The Special Education session was attended by 29 teachers/administrators and provided answers to specific questions about the alternate assessment portfolio system and the scoring rubric and points on the rubric to be used to score the portfolios The LEP session was attended by 16 teachers/administrators and disseminated the common tasks to be included in the portfolios: one each in mathematics, writing and reading. On February 12-23, 2001, the ADE and Data Recognition Corporation personnel trained Test Coordinators in the administration of the spring Criterion-Referenced Test. This was provided in 20 sessions at 10 regional sites Testing protocol, released items, and other testing materials were presented and discussed. The sessions provided training for Primary, Intermediate, and Middle Level Benchmark Exams as well as End of Course Literacy, Algebra and Geometry Pilot Tests. The LRSD had 2 in attendance for the End of Course session and 2 for the Benchmark session . The NLRSD had 1 in attendance for the End of Course session and 1 for the Benchmark session . The PCSSD had 1 in attendance for the End of Course session and 1 for the Benchmark session. 45 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On March 15, 2001, there was a meeting at the ADE to plan professional development for staff who work with Limited English Proficiency (LEP) students. A $30,000 grant has been created to provide LEP training at Chicot Elementary for a year, starting in April 2001 . A $40,000 grant was created to provide a Summer English as Second Language (ESL) Academy for the LRSD from June 18 through 29, 2001. Andre Guerrero from the ADE Accountability section met with Karen Broadnax, ESL Coordinator at LRSD, Pat Price, Early Childhood Curriculum Supervisor at LRSD, and Jane Harkey, Principal of Chicot Elementary. On March 1-2 and 8-29, 2001, ADE staff performed the following activities processed registration for April 2 and 3 Alternate Portfolio Assessment video conference quarterly meeting\nanswered questions about Individualized Educational Plan (IEP) and LEP Alternate Portfolio Assessment by phone from schools and Education Service Cooperatives\nand signed up students for alternate portfolio assessment from school districts. On March 6, 2001, ADE staff attended a Smart Step Technology Leadership Conference at the State House Convention Center. On March 7, 2001, ADE staff attended a National Assessment of Educational Progress (NAEP) Regional Math Framework Meeting about the Consensus Project 2004. On March 8, 2001, there was a one-on-one conference with Carole Villarreal from Pulaski County at the ADE about the LEP students with portfolios. She was given pertinent data, including all the materials that have been given out at the video conferences. The conference lasted for at least an hour. On March 14, 2001, a Test Administrator's Training Session was presented specifically to LRSD Test Coordinators and Principals About 60 LRSD personnel attended. The following meetings have been conducted with educators in the three districts in Pulaski County since July 2000. On July 10-13, 2000 the ADE provided Smart Step training The sessions covered Standards-based classroom practices. 46 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On July 19-21 , 2000 the ADE held the Math/Science Leadership Conference at UCA. This provided services for Arkansas math and science teachers to support systemic reform in math/science and training for 8th grade Benchmark. There were 200 teachers from across the state in attendance. On August 14-31, 2000 the ADE presented Science Smart Start Lessons and worked with teachers to produce curriculum. This will provide K-6 teachers with activity-oriented science lessons that incorporate reading , writing , and mathematics skills. On September 5, 2000 the ADE held an Eisenhower Informational meeting with Teacher Center Coordinators. The purpose of the Eisenhower Professional Development Program is to prepare teachers, school staff, and administrators to help all students meet challenging standards in the core academic subjects A summary of the program was presented at the meeting. On November 2-3, 2000 the ADE held the Arkansas Conference on Teaching. This presented curriculum and activity workshops. More than 1200 attended the conference. On November 6, 2000 there was a review of Science Benchmarks and sample model curriculum. A committee of 6 reviewed and revised a drafted document. The committee was made up of ADE and K-8 teachers. On November 7-10, 2000 the ADE held a meeting of the Benchmark and End of Course Mathematics Content Area Committee. Classroom teachers reviewed items for grades 4, 6, 8 and EOC mathematics assessment. There were 60 participants. On December 4-8, 2000 the ADE conducted grades 4 and 8 Benchmark Scoring for Writing Assessment. This professional development was attended by approximately 750 teachers. On December 8, 2000 the ADE conducted Rubric development for Special Education Portfolio scoring. This was a meeting with special education supervisors to revise rubric and plan for scoring in June. On December 8, 2000 the ADE presented the Transition Mathematics Pilot Training Workshop. This provided follow-up training and activities for fourth-year mathematics professional development. On December 12, 2000 the ADE presented test administrators training for midyear End of Course (Pilot) Algebra I and Geometry exams. This was provided for schools with block scheduling. 47 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) The ADE provided training on Alternative Assessment Portfolio Systems for Special Education and Limited English Proficient students through teleconference broadcasts on April 2-3, 2001. Administration of the Primary, Intermediate, and Middle Level Benchmark Exams as well as End of Course Literacy took place on April 23-27, 2001 . Administration of the End of Course Algebra and Geometry Exams took place on May 2-3, 2001 . Over 1,100 Arkansas educators attended the Smart Step Growing Smarter Conference on July 10 and 11 , 2001 , at the Little Rock Statehouse Convention Center. Smart Step focuses on improving student achievement for Grades 5-8. The Smart Step effort seeks to provide intense professional development for teachers and administrators at the middle school level, as well as additional materials and assistance to the state's middle school teachers. The event began with opening remarks by Ray Simon, Director of the ADE. Carl Boyd, a longtime educator and staff consultant for Learning 24-7, presented the first keynote address on \"The Character-Centered Teacher\". Debra Pickering, an education consultant from Denver, Colorado, presented the second keynote address on \"Characteristics of Middle Level Education\". Throughout the Smart Step conference, educators attended breakout sessions that were grade-specific and curriculum area-specific. Pat Davenport, an education consultant from Houston, Texas, delivered two addresses. She spoke on \"A Blueprint for Raising Student Achievement\". Representatives from all three districts in Pulaski County attended. Over 1,200 Arkansas teachers and administrators attended the Smart Start Conference on July 12, 2001 , at the Little Rock Statehouse Convention Center. Smart Start is a standards-driven educational initiative which emphasizes the articulation of clear standards for student achievement and accurate measures of progress against those standards through assessments, staff development and individual school accountability. The Smart Start Initiative focused on improving reading and mathematics achievement for all students in Grades K-4. The event began with opening remarks by Ray Simon, Director of the ADE. Carl Boyd, a longtime educator and staff consultant for Learning 24-7, presented the keynote address. The day featured a series of 15 breakout sessions on best classroom practices. Representatives from all three districts in Pulaski County attended. On July 18-20, 2001, the ADE held the Math/Science Leadership Conference at UCA. This provided services for Arkansas math and science teachers to support systemic reform in math/science and training for 8th grade Benchmark. There were approximately 300 teachers from across the state in attendance. 48 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) The ADE and Harcourt Educational Measurement conducted Stanford 9 test administrator training from August 1-9, 2001. The training was held at Little Rock, Jonesboro, Fort Smith, Forrest City, Springdale, Mountain Home, Prescott, and Monticello. Another session was held at the ADE on August 30, for those who were unable to attend August 1-9. The ADE conducted the Smart Start quarterly meeting by video conference at the Education Service Cooperatives and at the ADE from 9:00 a.m. until 11 :30 a.m. on September 5, 2001. The ADE released the performance of all schools on the Primary and Middle Level Benchmark Exams on September 5, 2001. The ADE conducted Transition Core Teacher In-Service training for Central in the LRSD on September 6, 2001 . The ADE conducted Transition Checklist training for Hall in the LRSD on September 7, 2001 . The ADE conducted Transition Checklist training for McClellan in the LRSD on September 13, 2001. The ADE conducted Basic Co-teaching training for the LRSD on October 9, 2001 . The ADE conducted training on autism spectrum disorder for the PCSSD on October 15, 2001 . Professional Development workshops (1 day in length) in scoring End of Course assessments in algebra, geometry and reading were provided for all districts in the state. Each school was invited to send three representatives (one for each of the sessions) . LRSD, NLRSD, and PCSSD participated. Information and training materials pertaining to the Alternate Portfolio Assessment were provided to all districts in the state and were supplied as requested to LRSD, PCSSD and David 0. Dodd Elementary. On November 1-2, 2001 the ADE held the Arkansas Conference on Teaching at the Excelsior Hotel \u0026amp; Statehouse Convention Center. This presented sessions, workshops and short courses to promote exceptional teaching and learning. Educators could become involved in integrated math, science, English \u0026amp; language arts and social studies learning. The ADE received from the schools selected to participate in the National Assessment of Educational Progress (NAEP), a list of students who will take the test. 49 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) 2. Actual as of June 28, 2002 (Continued) On December 3-7, 2001 the ADE conducted grade 6 Benchmark scoring training for reading and math. Each school district was invited to send a math and a reading specialist. The training was held at the Holiday Inn Airport in Little Rock. On December 4 and 6, 2001 the ADE conducted Mid-Year Test Administrator Training for Algebra and Geometry. This was held at the Arkansas Activities Association's conference room in North Little Rock. On January 24 , 2002, the ADE conducted the Smart Start quarterly meeting by ADE compressed video with Fred Jones presenting. On January 31, 2002, the ADE conducted the Smart Step quarterly meeting by NSCI satellite with Fred Jones presenting . On February 7, 2002, the ADE Smart Step co-sponsored the AR Association of Middle Level Principal's/ADE curriculum, assessment and instruction workshop with Bena Kallick presenting . On February 11-21 , 2002, the ADE provided training for Test Administrators on the Primary, Intermediate, and Middle Level Benchmark Exams as well as End of Course Literacy, Algebra and Geometry Exams. The sessions took place at Forrest City, Jonesboro, Mountain Home, Springdale, Fort Smith, Monticello, Prescott, Arkadelphia and Little Rock A make-up training broadcast was given at 15 Educational Cooperative Video sites on February 22. During February 2002, the LRSD had two attendees for the Benchmark Exam training and one attendee for the End of Course Exam training The NLRSD and PCSSD each had one attendee at the Benchmark Exam training and one attendee for the End of Course Exam training. The ADE conducted the Smart Start quarterly meeting by compressed interactive video at the South Central Education Service Cooperative from 9 30 a.m. until 11 :30 a.m. on May 2, 2002. Telecast topics included creating a standards-based classroom and a seven-step implementation plan . The principal's role in the process was explained . The ADE conducted the Smart Step quarterly meeting by compressed interactive video at the South Central Education Service Cooperative from 9:30 a.m. until 11 :30 a.m. on May 9, 2002. Telecast topics included creating a standards-based classroom and a seven-step implementation plan . The principal's role in the process was explained. 50 VI. REMEDIATION (Continued) F. Evaluate the impact of the use of resources for technical assistance. (Continued) ii if l!f !if f:f fr t~~tri:~Jf.~~ ::i\n:~~x thlproficiehnevei 6noheotmore partsof the most recent Benchmark Ei1miriatfofr:\"UfHg '~genda _included presentations On ''The Plan-Do-Check-Act IQ 0 Stfudiof1~1 cY.~igj '.~y'foe.:.d.~tionally known spec1kerPat Davenport. ADE p\\(ffionnei'. provlde'cf '.$ff~xpianation of the MPH point program. Presentations weFe made by'{iali,\"'and uferacy Specialists: Dr, Charity Smith, Assistant oir~cior rdt /42t8tNhabiltty, gave a presentation about ACTAAP. Break out se's'sfons w'ereheid, Tnwhich s'chool districts with h1gh scores on the MPH poiri(program ofr~fed strategies and insights into increasing student iichievement. .The .NLRSD, LRSD, and PCSSD were invited to attend. The NLRSD attended the workshop. 51 VIL TEST VALIDATION A. Using a collaborative approach, the ADE will select and contract with an independent bias review service or expert to evaluate the Stanford 8, or other monitoring instruments used to measure disparities in academic achievement between black students and white students. 1. Projected Ending Date March, 1995 2. Actual as of June 28, 2002 On March 29, 1995, letters were sent to four national experts about conducting a test bias validation of the Stanford Achievement Test, Eighth Edition, Form K (SA T-8). Dr. Paul Williams, Deputy Director of Educational Testing Service (ETS), contacted the ADE in April of 1995 concerning the proposal for validating the SAT-8 test. The ADE requested that Dr. Williams conduct a validity study of test items used in the SA T-8. Dr. Williams submitted a final proposal for his services. The ADE Bias Review Test Committee met Friday, July 7, 1995, and approved Dr. William's contract proposal. The final contract was forwarded to Dr. Williams for his signature. The contract was signed in August 1995, thereby, completing this goal. B. By April 1994, establish a bias review committee to oversee the bias review process, and invite representatives of the Districts and parties to meet with the bias review committee. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 Complete. ADE established a Bias Review Committee in April 1994. In accordance with the Implementation Plan, representatives from the Districts and the parties were invited to attend and participate in this and all meetings of the Bias Review Committee. C. Upon completion of test validation procedures by the bias review service or expert, the ADE will adopt and use a validated test as a monitoring instrument. 1. Projected Ending Date March 1995 and ongoing 52 VII. TEST VALIDATION (Continued) C. Upon completion of test validation procedures by the bias review service or expert, the ADE will adopt and use a validated test as a monitoring instrument. (Continued) 2. Actual as of June 28, 2002 Dr. Paul Williams met with the staff of the Psychological Corporation to review their methods and procedures. In August 1995, he met with the staff at Georgia State University to review the statistical methods that would be used in the analysis. Dr. Williams reported difficulty with the bias-review study in receiving the names of the bias panel and the complete SAT-8 data set from the Psychological Corporation. Dr. Williams submitted an invoice totaling $8,961 for Task I activities of the SAT-8 validity study for partial fulfillment of the test validation study. On December 6, 1995, a contract extension for Dr. Williams was reviewed by the Legislative Council. In January 1996, he indicated that he was in the final stages of the test validation , and the ADE was presented a draft report in March 1996. In May 1996, Dr. Williams stated that the wrong data sets were sent to him by the Psychological Corporation resulting in Task 3 having to be redone. A new draft of the final report was received by the ADE in July 1996. In August 1996, copies of the test validation report were provided to the State Board of Education and the ADE administrative team for their review. On September 10, 1996, the LRSD notified the ADE that they had reviewed the test validation report and would like to meet with the ADE to discuss the report. The ADE Director indicated that he would schedule a meeting with the LRSD to discuss the report. In October 1996, historical files and data were provided to the ADE Director, the ADE Assistant Director for Technical Services, and the ADE Assistant Director for Planning and Curriculum for their review in preparation for a meeting with the LRSD regarding the validity study. Test validation procedures by the expert have been completed. A recommendation was drafted proposing the use of the SAT-8 by the ADE as the validated test for monitoring The ADE is presently working to arrange a meeting with the Administration of the LRSD to discuss the test validation study. Effective September 22, 1997, the State Board of Education hired a new Director of the General Education Division, which should allow the ADE to move forward in this matter. 53 VII . TEST VALIDATION (Continued) C. Upon completion of test validation procedures by the bias review service or expert, the ADE will adopt and use a validated test as a monitoring instrument. (Continued) 2. Actual as of June 28, 2002 (Continued) In October 1997, the GED Director was updated on the history of the test validation process to provide the Director with background information in preparation for a meeting with the LRSD. In February 1998, ADE staff met with senior staff members to discuss the test validation and appropriate test scores for consideration by the LRSD. The ADE Director met with the Superintendent of the LRSD to discuss test validation issues. In June 1998, the ADE Director directed the Assistant Director for Accountability to recommend staff to discuss how the ADE would measure LRSD's progress toward meeting the loan forgiveness thresholds of the Settlement Agreement. Plans were made to meet with the staff Tuesday, June 30, 1998. The Test Validation Committee met on June 30, 1998, and discussed the following: 1. The appropriateness of the use of scaled scores on the SAT-8 test as the metric for assessing LRSD compliance with the loan forgiveness provisions of the Settlement Agreement\nand 2. The need for an independent analysis of LRSD students' test scores to determine compliance or noncompliance with loan forgiveness standard, and who would bear the cost of such an independent analysis. The Test Validation Committee met on September 10, 1998, to review recent correspondence from LRSD and to further discuss issues related to the loan forgiveness provisions of the Settlement Agreement. A follow-up administrative meeting was held on October 13, 1998, to discuss issues related to the test validation process. Participants included Tim Gauger, Assistant Attorney General, Dr. Charity Smith, Lead Planner for Desegregation, and Frank Anthony, Assistant Director for Accountability. A meeting was scheduled with Dr. Les Carnine, LRSD Superintendent and Mr. Ray Simon, ADE Director, regarding Test Validation and loan forgiveness provisions of the Settlement Agreement on May 12, 1999. 54 VII. TEST VALIDATION (Continued) C. Upon completion of test validation procedures by the bias review service or expert, the ADE will adopt and use a validated test as a monitoring instrument. (Continued) 2. Actual as of June 28, 2002 (Continued) On June 14, 1999, the State Board of Education was briefed on the status of LRSD's refusal to make principal and interest payments into escrow as required by the loan provisions of the Settlement Agreement and related documents. The Board requested that a draft motion to enforce the Settlement Agreement be prepared and submitted to the Board for review and discussion at the Board's next regularly scheduled meeting. On July 12, 1999, the State Board of Education authorized the filing of a motion to compel LRSD to make interest and principal payments into escrow pursuant to the loan provisions of the Settlement Agreement. The State Board of Education instructed the Attorney General's Office to file a motion by March 1, 2000 if a determination is made that the LRSD is not in compliance with Section 6 B of the Pulaski County Settlement Agreement regarding the establishment and funding of the escrow account in the loan provision section. On May 8, 2000, the Assistant Director of Accountability was directed by the Director of Education to contact Harcourt Brace Educational Measurement Company about the possibility of conducting a research study on the standardized test composite scores from 1990 through 1999 of LRSD (excluding special education students). The Test Selection Committee met on May 23, 2000, at the ADE and discussed ways to measure LRSD's progress toward meeting the loan forgiveness threshold of the Pulaski County Settlement Agreement. An update on the progress with Harcourt Brace was made at that time. Harcourt Brace has been contacted about conducting an initial research report on LRSD's progress toward meeting the loan forgiveness threshold of the settlement agreement. This report will review all composite scores since 1990 of LRSD's black and white students (excluding special education students). The purpose of the report is to determine if at any time from Spring 1990 to Fall 1999 did the composite scores of LRSD's black students (excluding special education students) reach 90% or greater of the composite scores of LRSD's white students (excluding special education students) on the State mandated norm-referenced test. Company representatives will advise the ADE of the cost and feasibility of producing the report by May 31 , 2000. If the report indicates that LRSD has not meet the loan forgiveness requirements of the Pulaski County Settlement Agreement, an additional analysis of the Fall 2000 standardized tests results will be made 55 VII. TEST VALIDATION (Continued) C Upon completion of test validation procedures by the bias review service or expert, the ADE will adopt and use a validated test as a monitoring instrument. (Continued) 2. Actual as of June 28, 2002 (Continued) Harcourt Brace indicated that they would be able to provide the data, but indicated that analysis of the data should be done by an independent consultant. The search for an independent consultant has been undertaken. On February 12, 2001 , the ADE Director provided the State Board of Education with a special update on desegregation activities. 56 VIII. IN-SERVICE TRAINING A. Through an interactive process with representatives of desegregating districts, identify in-service training needs. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The information for this item is detailed under Section VIII. D. of this report. 8. Develop in-service training programs to address in-service training needs of desegregating districts. 1. Projected Ending Date Ongoing 2 Actual as oJ June 28, 2002 The information for this item is detailed under Section VIII.D. of this report. C. Implement in-service training programs to address in-service training needs of desegregating districts. 1. Projected Ending Date Ongoing 2. Actual as of June 28, 2002 The information for this item is detailed under Section VIII.D. of this report. D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts. 1. Projected Ending Date Ongoing 2 Actual as of June 28, 2002 In April 1995, the Tri-District Staff Development Committee were provided an overview of the Scott Alternative Learning Center's operation and met with students and staff In May 1995, the Districts were in the process of self-assessment and planning for fall staff development 57 VIII. IN-SERVICE TRAINING (Continued) D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts. (Continued) 2. Actual as of June 28, 2002 (Continued) The Districts worked on staff development to be incorporated into their fall 95/96 preschool calendars. The uniqueness of each district's needs and their schools was considered in the planning by utilizing the results of needs assessment instruments. The Tri-District Staff Development Committee met on September 13, 1995 to plan for an ADE administered Classroom Management grant. The Tri-District Staff Development Committee met on September 19, 1995 to finalize the Classroom Management grant proposal. The Tri-District Staff Development Committee met on October 24, 1995 to discuss program and staff development evaluation models that might be available to the Districts. On November 15, 1995, the ADE met with an ODM representative to discuss the progress the ADE had made in attaining the objectives outlined in the Implementation Plan with regard to inservice training. The Tri-District Staff Development Committee met on November 21, 1995 to discuss upcoming training events and various NLR programs that focus on non-academic needs. A new program consisting of placing a graduate student of social work, a field supervisor, and a OHS worker in the district at no cost to the district was discussed. Additionally, NLR provided an overview of their program for credit deficient students. The Tri-District Staff Development Committee met on December 19, 1995 to discuss information dealing with ways to broaden the perspective of multicultural education. The Tri-District Staff Development Committee met on January 17, 1996 to discuss proposed changes in the standards regarding media centers and NLRSD's staff development strategic planning committee. The committee reviewed a video on diversity produced by the Arkansas Elementary Principals Association. The Tri-District Staff Development Committee met on February 21 , 1996 to discuss the implications of budget cuts on staff development programs and PCSSD's request for unitary status for their staff development program They also discussed the need for computer literacy, technology training, and acquisition of hardware and software by the Districts 58 VIII. IN-SERVICE TRAINING (Continued) D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts. (Continued) 2. Actual as of June 28, 2002 (Continued) The Tri-District Staff Development Committee met on March 27, 1996 to discuss available resources concerning sexual harassment. ADE regulations in relation to staff members attending professional association conferences as wel l as the district staff development and potential sites for training seminars were also discussed. The Tri-District Staff Development Committee met on April 30, 1996 to discuss the reconfiguring of Jacksonville Junior High, PCSSD professional development schedules, and APSCN on-line time lines. A tour of the Washington Magnet school was also conducted. The Tri-District Staff Development Committee received a demonstration of UALR's Baum Decision Support Center's capabilities regarding consensus and planning on May 29, 1996. The Tri-District Staff Development Committee did not meet during September, October, and November 1996 because of scheduling conflicts and the extended medical leave of the ADE liaison. On December 18, 1996, the Tri-District Staff Development Committee met to discuss the linkage between the Implementation Plan , staff development, and student achievement. On January 21 , 1997, the Tri-District Staff Development Committee met and discussed sharing middle school strategies and the Districts' training catalogs. The Tri-District Staff Development Committee met on February 25, 1997 to discuss their current staff development programs and an overview of the relationship of their current programs with their desegregation plans. The Tri-District Staff Development Committee met on March 26, 1997 to observe the Great Expectations Program The principal and mentor teachers provided information on the components and philosophy of the program, and students demonstrated selected components. The PCSSD may adopt the program for selected schools in their district. The committee was provided with an update of pertinent information on resources available to the Districts. The committee decided that the ADE liaison to the committee would gather documentation of completed staff development directly from the Districts, instead of the Districts providing this information at the committee meetings. 59 VIII. IN-SERVICE TRAINING (Continued) D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts. (Continued) 2. Actual as of June 28, 2002 (Continued) New information on teacher licensure and rules and regulations was shared with the Tri-District Staff Development Committee at their April 1997 meeting. A report was presented to the committee on information from the Arkansas Council for Social Studies about an October 1997 meeting on integrated curriculum. The Districts will provide principal retreats this summer as a part of their staff development. The PCSSD will sponsor a renowned speaker on strategies to serve at risk youth in August 1997 in which the committee is invited to attend. The LRSD shared survey results from a pilot administration to four teachers in each district. The survey found the sample to be strong in content but lacking in context and process. Plans to address these needs will be developed. In another survey to certified and non-certified LRSD staff,. stress management was the major concern. The Tri-District Staff Development Committee met on May 14, 1997 to participate in a teleconference with the five 1996 awardees of the National Awards Program for Model for Professional Development. The PCSSD shared their summer and fall staff development catalog with the members. The committee will reconvene in the fall of the 97/98 school year The Tri-District Staff Development Committee is scheduled to meet on September 30, 1997 to discuss collaborative actions for FY 97 /98. The Tri-District Staff Development Committee met on September 30, 1997 to discuss their staff development for the 1997/1998 school year The PCSSD had a pre-school in-service for the faculty, and the LRSD conducted a Principals Academy with an expert on the math and science initiative which lasted several days. The NLRSD is providing staff development by satellite The Tri-District Staff Development Committee met on October 28, 1997. The LRSD and NLRSD shared some of their staff development course offerings with the committee, and the PCSSD discussed ways of optimizing opportunities for staff development with specific emphasis on the junior high school conflict resolution training. In November 1997, the Lead Planner provided technical assistance to Central High School staff regarding data disaggregation, test score analysis and ways to improve student achievement. 60 VIII. IN-SERVICE TRAINING (Continued) D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts. (Continued) 2. Actual as of June 28, 2002 (Continued) The Tri-District Staff Development Committee met on November 25, 1997 to discuss the Standards for Staff Development. The LRSD will begin providing technology training to their employees in January by utilizing business teachers. Additionally, they discussed a collaborative venture of the Districts involving a workshop from Chicago on a program called \"Great Expectations.\" The Tri-District Staff Development Committee met on December 16, 1997 to discuss technology plans, strategies for obtaining information currently being provided to the education cooperatives, scheduling of Arkansas history, and the development of a comprehensive list of locations available for staff development. Members agreed to bring information on available locations to the January meeting and have set a tentative completion date for the project of May 1998. The Tri-District Staff Development Committee met on January 27, 1998 to share information for developing a comprehensive list of locations available for staff development. The Tri-District Staff Development Committee met on February 24, 1998 to work on the development of the list of locations available for staff development. The committee also discussed the meeting on student achievement sponsored by the ADE for the Districts, principals' staff development in the Districts and emphasis on improving achievement as reflected on the SAT-9. The Tri-District Staff Development Committee met on March 19, 1998 to discuss the math and science grant received by the LRSD, the Districts' inservice calendars for August, TESA and Student-Team Learning trainers, and team building for staff. The ADE Deputy Director is scheduled to discuss ways the committee can strengthen their relationship with the regional cooperatives at their May meeting. The Tri-District Staff Development Committee met on April 27, 1998 to discuss their proposal for involvement with the regional cooperatives. The ADE Deputy Director is scheduled to discuss committee's concerns regarding their relationship with the regional cooperatives at their next meeting. 61 VIII. IN-SERVICE TRAINING (Continued) D. Evaluate in-service training programs developed and executed to address in-service training needs of desegregating districts (Continued) 2. Actual as of June 28, 2002 (Continued) The Tri-District Staff Development Committee met Thursday, May 21 , 1998, in the Instructional Resources Center at Little Rock School District. Dr. Woodrow Cummins, ADE Deputy Dire\nThis project was supported in part by a Digitizing Hidden Special Collections and Archives project grant from The Andrew W. Mellon Foundation and Council on Library and Information Resoources.\n   \n\n   \n\n  \n\n\n   \n\n  \n\n \n\n\n   \n\n   \n\n \n\n\n   \n\n  \n\n \n\n\u003cdcterms_creator\u003eArkansas. 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