{"response":{"docs":[{"id":"bcas_bcmss0837_1029","title":"\"Compliance Handbook for the Revised Desegregation and Education Plan, Title VII, Title IX, ADA, Section 504 or Other Similar Requirements of the Civil Rights Law of 1964 as Amended,\" Little Rock School District","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, Little Rock, 34.74648, -92.28959"],"dcterms_creator":null,"dc_date":["1999-07"],"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":["Little Rock (Ark.)--History--20th century","Little Rock School District","Education--Arkansas","Educational law and legislation","Educational planning","School integration"],"dcterms_title":["\"Compliance Handbook for the Revised Desegregation and Education Plan, Title VII, Title IX, ADA, Section 504 or Other Similar Requirements of the Civil Rights Law of 1964 as Amended,\" Little Rock School District"],"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/1029"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["reports"],"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  \n\nThis transcript was created using Optical Character Recognition and may contain some errors.\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   \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 "},{"id":"bcas_bcmss0837_1735","title":"Court filings concerning the Pulaski Educational Cooperative, June 19, 1999, order concerning proposed change in grade structure and number of seats at magnet schools, and ADE motion concerning monitoring","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","United States, Arkansas, Pulaski County, Little Rock, 34.74648, -92.28959"],"dcterms_creator":["United States. District Court (Arkansas: Eastern District)"],"dc_date":["1999-07"],"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":["Little Rock (Ark.)--History--20th century","Special districts--Arkansas--Pulaski County","Arkansas. Department of Education","Joshua Intervenors","Little Rock School District","Education--Arkansas","Education--Evaluation","Education and state","Educational law and legislation","Educational planning","School management and organization","Education--Standards","Magnet schools","School improvement programs"],"dcterms_title":["Court filings concerning the Pulaski Educational Cooperative, June 19, 1999, order concerning proposed change in grade structure and number of seats at magnet schools, and ADE motion concerning monitoring"],"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/1735"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Available for use in research, teaching, and private study. Any other use requires permission from the Butler Center."],"dcterms_medium":["judicial records"],"dcterms_extent":null,"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":"District Court, motion for extension of time to respond to the Court's June 18, 1999, order and to Pulaski County Special School District's (PCSSD's) motion re: the Pulaski Educational Cooperative; District Court, Arkansas Department of Education's (ADE's) response to the Court's June 19, 1999, order concerning proposed change in grade structure and number of seats at magnet schools; District Court, Arkansas Department of Education's (ADE's) response to motion re: the Pulaski Educational Cooperative; District Court, order; District Court, Joshua intervenors' response to motion to relieve Arkansas Department of Education (ADE) motion concerning monitoring; District Court, Little Rock School District (LRSD) notice of appeal; District Court, Pulaski County Special School District (PCSSD) notice of appeal; District Court, three orders; District Court, reply to Arkansas Department of Education's (ADE's) response to motion re: the Pulaski Educational Cooperative and supplement to Pulaski County Special School District's (PCSSD's) motion; District Court, order; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool  The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors.  IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUL 1 1999 OFFICE Of DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. DEFENDANTS MOTION FOR EXTENSION OF TIME TO RESPOND TO THE COURT'S JUNE 18, 1999 ORDER AND TO PCSSD'S \"MOTION RE THE PULASKI EDUCATIONAL COOPERATIVE The Arkansas Department of Education (\" ADE\") hereby moves the Court for a - brief extension of time, to and including Friday, July 9, 1999, in which to respond to (a) the Court's June 18, 1999 order concerning a proposed change in the grade structure and number of seats at the magnet schools for 1999-2000, and (b) PCSSD's \"Motion re the Pulaski Educational Cooperative.\" The motion is made on the following grounds: 1. On June 18, 1999, this Court entered an order concerning a proposed change in the grade structure and number of seats at the magnet schools for the 1999- 2000 school year. The court's order allowed the parties to and including July 6, 1999, to file any objections to the MRC's proposal. 2. On June 23, 1999, PCSSD served by mail a document entitled \"Combined Motion and Memorandum re the Pulaski Educational Cooperative.\" ADE's response to - this motion is due on or before July 7, 1999. 3. Undersigned counsel for ADE has been out of town on vacation from June 23, 1999, through July 5, 1999. ADE will therefore require a short extension of time, to and including Friday, July 9, 1999, within which to file its response to this Court's June 18, 1999 order and to PCSSD's motion concerning \"the Pulaski Educational Cooperative.\" WHEREFORE, ADE respectfully requests that the Court enter an order extending ADE's time, to and including July 9, 1999, to respond to (a) the Court's June 18, 1999 order concerning a proposed change in the grade structure and number of seats at the magnet schools for 1999-2000, and (b) PCSSD's \"Motion re the Pulaski Educational Cooperative.\" Respectfully Submitted, WINSTON BRYANT Attorney General Assistant Atto e G neral 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorneys for Arkansas Department of Education 2 CERTIFICATE OF SERVICE I, Timothy Gauger, certify that on July 6, 1999, a copy of the foregoing document will be served by U.S. mail, postage prepaid, on the following person(s) at the address(es) indicated: M. Samuel Jones, III Wright, Lindsey \u0026 Jennings 2000 NationsBank Bldg. 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell 401 W. Capitol, Suite 504 Little Rock, AR 72201 Christopher Heller Friday, Eldredge \u0026 Clark 2000 Regions Center 400 W. Capitol Little Rock, AR 72201-3493 Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 Ann Brown 201 E. Markham, Ste. 510 Little Rock, AR 7220i 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JIJl 1 2 1999 OFFICE OF DESE-aRfGATION MONITCREiG LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS ADE'S RESPONSE TO THE COURT'S JUNE 18, 1999 ORDER CONCERNING PROPOSED GIANGE IN GRADE STRUCTIJRE AND NUMBER OF SEATS AT THE MAGNET SCHOOLS The Arkansas Department of Education (\" ADE\") submits this response to the - Court'c _. ... ne 18, 1999 order. In that order the Court notes that the Magnet Review Committee, by letter dated May 7, 1999, seeks the Court's approval \"of a change in the grade structure and number of seats at the magnet schools for the 1999-2000 school year.\" The MRC' s May 7 letter to the Court assumes that the proposed changes in grade structure and number of seats will result in a significant increase in the State's share of funding for the magnet schools. Among other things, the MRC' s letter indicates that \"the costs associated with changes in seating will create an initial increase of $129 per student above the current funding level,\" and estimates that the State's share of funding for the magnet schools for 1999-2000 will increase by at least $567,270 over the State's current level of funding.1 ADE does not object to the proposed changes in grade structure for the magnet schools, nor does ADE object to an increase in the number of seats in the magnet schools for 1999-2000. ADE does object to the MRC' s proposal, however, to the extent it implies that the increases in enrollment will result in an increase in the State's funding level for the magnet schools. While the Settlement Agreement does not place any limits on the number of students who might attend the magnets, the Settlement Agreement does set specific limits on the State's funding obligations for the magnet schools. Paragraph II.D. of the \u0026tttlement Agreement provides that \"The State will have no further obligation to contribute any additional funds to magnet schools other than under paragraph II. E. below.\" Paragraph ILE of the Agreement states, in pertinent part, that the State \"will continue to pay ... [t]he State's portion of magnet school operational costs for the six existing magnet schools .... \" Paragraph II.D. of the Settlement Agreement further provides: 1 It is not clear precisely how large this increase in funding will be. The State's funding level for 1998-99 as used in the MRC's projection does not take into account the 7.25% increase in salaries given to LRSD teachers in March, 1999, and the State's \"proposed funding'' level for 1999-2000 used in the MRC's projection does not take into account \"possible changes in salaries and basic operating costs for the 1999-2000 school year.\" It is clear from the MRC's May 7 letter, though, that the MRC assumes that some increase in the State's funding obligation can be expected due solely to the grade level\" restructuring and the increase in the number of seats. 2 Any reference to the six existing magnet schools in this settlement shall mean, for funding purposes, up to their present seating capacities. These seating capacities are as follows: Carver 613 Williams 515 Gibbs 351 Booker 660 Mann 935 Parkview 991 The Settlement Agreement thus makes it clear that, no matter how many students actually attend the magnet schools, the State's' funding obligations for the magnet schools are limited to its share of, for example, the costs associated with a maximum of 991 students at Parkview, 935 students at Mann, and so on. To the extent the MRC's May 7 letter implies that the State's share of magnet school funding will be increased due to the addition of 209 seats at Parkview, such an additional burden on the State would be in direct contravention of the Settlement Agreement. The costs associated with magnet student enrollment in excess of the seating capacities set forth in the Settlement Agreement should be borne either by the  LRSD, whose decision to restructure its schools necessitated the restructuring of the magnets and the concomitant changes in seating capacity, or by the Districts collectively. 3 Respectfully Submitted, MARK PRYOR Attorney General ~/4 /4~~-:: :r== TIMO (G. GApGER #95019 . Assistant Atto~ General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorneys for Arkansas Department of Education CERTIFICATE OF SERVICE L Timothy Gauger, certify that on July 9, 1999, a copy of the foregoing document will be served by U.S. mail, postage prepaid, on the following person(s) at the address(es) indicated: M.SamuelJones,m Wright, Lindsey \u0026 Jennings 2000 NationsBank Bldg. 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A 1723 Broadway Little Rock, AR 72201 Richard Roachell 401 W. Capitol, Suite 504 Little Rock, AR 72201 Christopher Heller Friday, Eldredge \u0026 Oark 2000 Regions Center 400 W. Capitol Little Rock, AR 72201-3493 Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 ~ Ann Brown 201 E. Markham, Ste. 510 Little Rock, AR 72201 ~ fi~~1fu~ ?1- -  ,., . ,, IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED JUL 1 2 1999 OFFICE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS ADE'S RESPONSE TO \"MOTION RE THE PULASKI EDUCATIONAL COOPERATIVE\" In this motion the PCSSD seeks an order requiring the State to distribute funds to an as-yet-to-be-formed education service coorr:!'c1tive1 (\"co-op\") that would serve only the three Districts. The motion is premised or .. PCSSD's belief that an appropriation contained in Act 1392 of 1999 entitles them to funds for such a co-op, and that conditional language restricting the disbursement contained in the appropriation is \"at variance with the requirements of the Settlement Agreement\" PCSSD's motion must be denied. This Court lacks jurisdiction to give PCSSD the relief it requests. Because the State has been dismissed from this action, this Court's jurisdiction over the State is 1 Education service cooperatives are \"intermediate service units in the state's elementary and secondary education system\" that are eligible to receive and spend state and federal funds. They exist to provide to school districts that choose to use them assistance in meeting accreditation standards, using educational resources more efficiently through cooperation among school districts,_ and promoting coordination between school districts and the ADE in the provision of certain services. See Ark. Code Ann.  6-13-1002 limited to enforcing the terms of the Settlement Agreement (see Kokkanen u. Guardian Life Ins. Co., 128 L.Ed.2d 391 (1994), and PCSSD does not allege that the State has breached the settlement agreement The Settlement Agreement does not compel or require the State to fund a co-op for the Districts. Indeed, quite the opposite is true - the Settlement Agreement acknowledges that state funding for a Pulaski County co-op had ceased, and that the co-operative had been dissolved, before the Agreement was signed. Settlement Agreement, section Ill E. (\"State funding for the Pulaski County Education Service [Cooperative] has ceased and the funds were reallocated to the Metropolitan Supervisor by order of the Court\"). PCSSD' s motion is in reality a somewhat convoluted request that the Court direct ADE to do what PCSSD 1'e1i~ves is required under State law. This Court must deny PCSSD's motion because PCSSD's attempt to enforce State law is not within the Court's Kokkonen-type jurisdiction over the State, and there is no other independent basis upon which this Court can base subject matter jurisdiction over such a claim. Such a state-law claim against the State is also barred by the Eleventh Amendment See, e.g., Pennhurst State School \u0026 Hosp. v. Halderman, 79 LEd.2d 67 (1984) (federal-court claims against state officials based upon alleged violations of state law are barred by Eleventh Amendment); Angela R. u. Clinton, 999 F.2d 320, 325 (8th Or. 1993) (Eleventh Amendment bars federal courts from granting relief against state officials for violations of state law). Finally, even if this Court could exercise jurisdiction over PCSSD's claim, the motion must be denied because the Districts are not entitled to form a co-op and receive funds for such a co-op under either the Settlement Agreement or State law. Appropriations merely authorize the release of funds from the treasury, subject to other applicable laws including the Revenue Stabilization Act and other substantive law. Further, appropriations, by themselves, do not require that funds actually be disbursed. In this instance, the provisions of Act 1392 and the provisions of other substantive state law prohibit the release of funds for a Pulaski County co-op. Act 1392 prohibits the release of funds for a Pulaski County co-op because as of this date, no order has been entered by this Court relieving the State of its obligation to provide funds for the operation of the ODM. See Act 1392 of 1999,  17.2 In addition, the General Assembly has not amended or repealed other provisions of State law that prohibit the formation of a new, sixteenth CO-l.'P that would serve only the three Districts. See, e.g., Ark. Code Ann.  6-13-1002 (authorizing State Board of Education to establish \"no more than fifteen\" cooperatives); Ark. Code Ann.  6-13-1003(b)(l) and (b)(2) (cooperatives must include at least three counties and include at least ten school districts).3 2 PCSSD attempts to sidestep this restriction by arguing that the language conditioning the release of the funds  is \"at variance with the requirements of the Settlement . Agreement and must therefore fail and be severed from the Act\"  The problem with PCSSD' s theory is that the conditional language is consistent With the Settlement . Agreement As noted earlier, the Settlement Agreement does not require that the State fund a Pulaski County co-op, and the special language in the Act recognizes that the State's obligation to fund ODM can only be modifi~ by an order from this Court  3 Thus, even if PCSSD were correct that the contingency language in Section 17 of Act . 1392 is both inconsistent with the Settlement and can be severed from the Act the provisions of Ark. Code Ann.  6-13-1002 and 1003 would nonetheless prohibit the  formation of a new \"16th co-op\" that would serve only the three Districts. For the foregoing reasons, ADE respectfully requests that PCSSD's motion be denied, and that the ADE be awarded its costs and attorneys' fee incurred in responding to this motion. Respectfully Submitted, MARK PRYOR Attorney General TIMOT q_ GAUGER #95019 Assistant Attorney G~neral --- 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorneys for Arkansas Department of Education CERTIFICATE OF SERVICE L Timothy Gauger, certify that on July 9, 1999, a copy of the foregoing document will be served by U.S. mail, postage prepaid, on the following person(s) at the address(es) indicated:  M. Samuel Jones, ill Wright, Lindsey \u0026 Jennings 2000 NationsBank Bldg. 200 W. Capitol Little Rock, AR 72201 John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Richard Roachell 401 W. Capitol, Suite 504 Little Rock, AR 72201 Christopher Heller Friday, Eldredge \u0026 Oark 2000 Regions Center 400 W. Capitol Little Rock, AR 72201-3493 Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 ~ Ann Brown 201 E. Markham, Ste. 510 Little Rock, AR 72201 FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUL 1,3 1999 ~~~E~~- ~~~K,p C~AK OEPC~ LITTLE ROCK SCHOOL DISTRICT, Plaintiff, VS. PULASKI COUNTY SPECIAL DISTRICT No. 1, et al., Defendants. MRS. LORENE JOSHUA, et al., Intervenors, KA THERINE KNIGHT, et al., lntervenors, * * * * * * No. LR-C-82-866 * * * * * * * * * * * * * * * * * * ORDER Without objection, the motion of the Arkansas Department of Education (\"ADE\") for an Order relieving it of its obligation to file a July 1999 semiannual monitoring report is hereby granted. In addition, the Court grants nunc pro tune AD E's motion for an extension of time until and including July 9, 1999, in which to respond to (a) this Court's June 18, 1999 Order - concerning a proposed change in the grade structure and number of seats at the magnet schools for 1999-2000, and (b) PCSSD's \"Motion re the Pulaski Educational Cooperative.\" .-f1\\_ IT IS SO ORDERED this _j.d::_ day of 4--= 1999. 9;1'rruo~j- UNITED STATES DISTRICT COURT rH1s DOCUMENT ENTER C(.,MPUIJil WITH RULEED ON DOCKET SHEET fN ':)N L 3/ q Cl 58 AND/OR 79(1) FRCP   / BY m::: __j 2 u.s~(L, ,,,.f;,p C:ASTCR. ':,.;.;,': . .:_ v,111r,r .N DI~,, ,,1.,' ,, /~/1,l\"S \"S ' ,~, I-\\ IN THE UNITED STATES DISTRICT COURT JUL l 1 1 EASTERN DISTRICT OF ARKANSAS 1999 WESTERN DIVISION ~;~MES \\V McCORM,iCK, CLERK LITTLE ROCK SCHOOL DISTRICT RECEIVED DEP. CLERK PLAINTIFF V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. ,II 11 1 5 1999 OFFICE OF DESEGREGATION M0NITOR~~FENDANTS JOSHUA INTERVENORS' RESPONSE TO MOTION TO RELIEVE ADE MOTION CONCERNING MONITORING The Joshua Intervenors respond to the ADE motion concerning monitoring, served on June 28, 1999, as follows. The ADE motion was filed belatedly, rendering the request fait accompli. The - Joshua Intervenors respectfully request that ADE be ordered to file not later than Wednesday, August 4, 1999, their proposed new monitoring and reporting plan. Intervenors further respectfully request that the Court give priority to the development and approval of a new monitoring plan and require that the first report pursuant to that plan be filed not later than November 3, 1999. By: Respectfully submitted, JOHN W. WALKER, P.A. 1723 Broadway Little Rock, Arkansas 72206 (501) 374-3758 -1- Robert Pressman 22 Locust A venue Lexington, Mass 02421 (781) 862-1955 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been mailed, postage prepaid to the following counsel or record, postage prepaid on this 14th day of July, 1999. Mr. Tim Humphries Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arknasas 72201 Mr. M. Samuel Jones, ill Wright, Lindsey \u0026 Jennings 2000 NationsBank. Plaza 200 W. Capitol Little Rock, Arkansas 72201 Mr. Richard Roachell 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 -2- Mr. Christopher Heller Friday, Eldredge \u0026 Clark 2000 First Commercial Bldg. 400 W. Capitol Little Rock, Arkansas 72201 Mr. Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Towers 425 W. Capitol Little Rock, Arkansas 72201 Ms. Ann Brown 201 E. Markham, Ste. 510 Little Rock, Arkansas 72201 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 KATHERINE KNIGHT, ET AL JUI 1 6 1999 OFFICE OF DESEGREGATION MONITORING NOTICE OF APPEAL FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSA\u003c:; JUL 141999 JAMfil W, MaQQAMAGK, \"!:.EA ijy'-----~-- DEP.CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS The Little Rock School District (LRSD) hereby gives notice of its appeal from the order of the district court filed on June 16, 1999 which denied LRSD's request for certain damages related to teacher retirement and health insurance payments from the Arkansas Department of Education (ADE). Appeal is taken to the Court of Appeals for the Eighth Circuit. This notice is filed based upon the understanding that the Arkansas Department of Education intends to appeal this court's decision awarding prejudgment interest to the districts on their claims concerning teacher retirement and health insurance. If ADE does not pursue such an appeal, this notice of appeal may be withdrawn. Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE \u0026 CLARK 2000 First Commercial Bldg. 400 West Capitol Street Little Rock, AR 72201 (501) 376-2011 Christopher Heller J. Clay Fendley CERTIFICATE OF SERVICE A I certify that a copy of the foregoing has been served on the W following on this 14th day of July, 1999 : Mr. John W. Walker JOHN WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Mr . Sam Jones WRIGHT, LINDSEY \u0026 JENNINGS 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON \u0026 JONES, P.A. 3400 TCBY Tower 425 Capitol Avenue Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm 401 West Capitol, Suite 504 Little Rock, AR 72201 2 Ms. Ann Brown Desegregation Monitor Heritage West Bldg., Suite 510 201 East Markham Street Little Rock, AR 72201 Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 3 EDWARD L . WRIGHT ( 1903 1977) ROBERTS . LINDSEY (1913-1991) ISAAC A , SCOTT , JR . JOHN G . LILE WRIGHT, LINDSEY \u0026 JENNINGS I LP ATTORNEYS AT LAW JOHN 0 . DAVIS JUDY SIMMONS HENRY KI MBERLY WOOD TU CKER RAY F COX . JR . GOROON S. RATHER. JR. TERRY L . MATHEWS DAVID M. POWELL ROGER A . GLASGOW C. DOUGLAS BUFORD. JR . PATRICK J . GOSS ALSTON JENNINGS . JR . JOHN R. TISDALE KATH LYN GRAVES M. SAMUEL JONES Ill JOHN WILLIAM SPIVEY Ill LEE J, MULOROW N.M. NORTON CHARLES C . PRICE CHARLES T . COLEMAN JAMES J . GLOVER EDWIN L . LOWTHER . JR . CHARLES L. SCHLUMBERGER WALTER E . MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E . BROWNSTEIN WALTER McSPADDEN ROGER 0 . ROWE NANCY BELLHOUSE MAY Mr. John Walker John Walker, P.A. 1723 Broadway Little Rock, Arkansas 72206 Ms. Ann Brown ODM Heritage West Building, Suite 510 201 East Markham Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 RE: PCSSD Dear Counsel and Ms. Brown: 200 WEST CAPITOL AVENUE SUITE 2200 LITTLE ROCK , ARKANSAS 7220 1-3699 (501) 371-0808 FAX (501) 376-9442 WEBSITE : www .wlj .com OF COUNSEL ALSTON JENNINGS RONALD A . MAY M. TODD WOOD Writer 's Direct Dial No . 501-212-1273 mj ones@wlj .com July 15, 1999 Mr. Christopher Heller Friday, Eldredge \u0026 Clark TROY A. PR ICE PATRICIA A. SI EVERS JAMES M. MOODY . J R. KATHRYN A PRYOR J . MARK DAVIS CL AIRE SHOWS HANCOCK K EVIN W. KENNEDY JERRY J . SALLINGS FRED M. PERKINS Ill WILLIAM STUART JACKSON MICHAEL 0 . BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER BETSY MEACHAM KY LE R. WILSON C. TAO BOHANNON DONS. McKI NNE Y MICHELE SIMMONS ALLGOOD KRISTI M. MOODY J . CHARLES DOUGHERTY M SEAN HATCH PHYLLIS M. McK ENZIE ELISA MASTERSON WHITE JANE M. FAULKNER ROBERT W. GEORG E J ANDREW VI NES 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 JUI 1 6 1999 OFFICE OF DESEGREGATION MONITORING Enciosed is a copy of Notice of Appeal which is being filed today. MSJ/ao Encl. 115616-v1 Cordially, WRIGHT, LINDSEY \u0026 JENNINGS LLP IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL IRi,,.-  ---- \\fEO DISTRICT NO. 1, ET AL. t' MRS. LORENE JOSHUA, ET AL. 11\\ J' ,.:'.gg KATHERINE KNIGHT, ET AL. \\ l\u0026\u0026REGI '\\TORlNG NOTICE OF APPEAL PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS The Pulaski County Special School District (PCSSD) hereby gives notice of its appeal from the order of the district court filed on June 16, 1999, which denied PCSSD's request for certain damages related to teacher retirement and health insu-rJ~J ~'::ll ~,( ~..l , _',; ; -~ i ' .,.  l s U:i~1-~ ~- ' .... .., payments from the Arkansas Department of Education (ADE). 11 5268-v1 Respectfully submitted, WRIGHT, LINDSEY \u0026 JENNINGS LLP 200 'Nest Capitol Avenua, Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 By ~ M. amue Jones Ill (7~060) orneys or Pulaskl..eounty Special cha istrict CERTIFICATE OF SERVICE On July 1..5, 1999, a copy of the foregoing was served by U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge \u0026 Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Ms. Ann Brown ODM Heritage West Building, Suite 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell and Street First Federal Plaza 401 West Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 2 - RECEIVEt' JUL .2 o 1999 OFFICE Of DESEGREGATION MONITORING IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, * * Plaintiff, * * * vs. * No. LR-C-82-866 * * * * PULASKI COUNTY SPECIAL * DISTRICT No. 1, et al., * * Defendants. * * * MRS. LORENE JOSHUA, et al., * * Intervenors, * * * KATHERINE KNIGHT, et al., * * Intervenors, * ORDER JUL 181999 Before the Court is a motion by the Pulaski County Special School District (\"PCSSD\") for approval of a new school site (doc.#3266]. In its motion, which was filed June 9, 1999, PCSSD states that it'proposes to close both Bates and Fuller Elementaries and combine that student enrollment at a new site located at the northwest comer of 14S1h Street and Highway - 67/167 proximate to the Siemen's facility with no change of geo codes. The time for filing a response to this motion bas passed without a responsive pleading from any of the parties. Having considered the matter, and without objection from any of the parties, the Court finds that PCSSD's motion to approve the new school site described herein should be and hereby is granted. IT IS SO ORDERED this ii:_ ~ay of fl-4- 1999. ~~ UNITED STATES DISTRICT COURT 2 FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS iN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUL t 9 1999 JAMES f\" ~RMACK, CLERK LITTLE ROCK SCHOOL DISTRICT, Plaintiff, VS . PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al. , Intervenors. * * * * * * * * * * * * * ORDER By: \\. i~U I) '\u003c'1'. -~ OEP CLERK No. LR-C-82-866 RECEIVED JUL 2 o 1999 OFFICE OF  DESEGREGATION MONITORING Pulaski County Special School District (\"PCSSD\") filed a petition requesting that the Court grant PCSSD unitary status and release it from further court supervision [docket no. 3253]. The Joshua intervenors responded [docket no. 3253], and PCSSD replied to the response [docket no. 3260]. After careful consideration, the Court denies the petition and for reasons that follow will not, at this time, issue detailed findings regarding its decision. I. On October 14, 1997, PCSSD filed its first petition for unitary status, requesting release from federal court supervision over its desegregation efforts. 1 After receiving notice that the parties contemplated settlement discussions, the Court denied PCSSD's petition, without prejudice, noting the District's freedom to refile the petition if settlement efforts failed .2 1 Docket no. 3057. 2 Docket no. 3211. Presently hefore the Court is PCSSD's second petition requesting a declaration of unitary status. Additionally, PCSSD filed a document entitled \"Pulaski County Special School District Post Unitary Commitments,\" which sets forth actions PCSSD pledges to carry out in the event the Court grants the District unitary status. The commitments call for a dispute resolution process, whereby the Joshua intervenors could, as a last resort, seek the Court's assistance in resolving compliance issues.3 Thus PCSSD envisions that once it attains unitary status, the Court could retain jurisdiction over this matter. PCS SD explains it provided for the Court's continued jurisdiction \"as further evidence of its good faith view of desegregation issues and as such as a further matter for the district court to consider in assessing formal relinquishment of supervision .... \"4 However, the Court finds the provision for continued jurisdiction inapposite to whether PCSSD has achieved unitary status. This Court's jurisdiction depends on the existence of a constitutional violation. Once the PCSSD achieves unitary status and thus complies with the command of the Constitution, this Court's jurisdiction ends. See Swann v. Charlotte- Mecklenburg Bd of Educ. 91 S. Ct. 1267, 1276, 1284 (1971). The Joshua intervenors assert that PCSSD has not achieved unitary status and cite their prior submissions addressing PCSSD's 1997 petition to support their position.5 However, the intervenors believe the proposed commitments represent a \"renewed and more targeted\" plan that 3 Docket no. 3235, Attachment A, Pages 8-9. 4 Docket no. 3260, Page 3. 5 Docket no. 3079 (Opposition Response by Joshua to PCSSD's Motion for Release); Docket no. 3196 (Joshua's Proposed Findings of Fact and Conclusions of Law Concerning PCSSD's Motion for Release). 2 could serve as a new or-amended desegregation plan. With the sole exception of a provision concerning the duration of the cornmitments,6 the intervenors embrace PCSSD's proposed plan. In the past, the Court has encouraged the parties to amend their plan, if it would further their goals, and agrees that the proposed commitments would provide the basis for an acceptable amended plan and might even be suitable as a plan itself. II. The Court finds that PCSSD has not achieved unitary status and must deny the District 's petition. In light of the Joshua intervenors' recommendation that PCSSD's post-unitary commitments function as a basis for a revised desegregation plan, and the Court's desire to facilitate agreement among the parties, the Court will not, at this time, issue specific findings regarding its decision to deny the District's petition. If the parties can agree, such an agreement is preferable to court directives. See Little Rock Sch. Dist. v. Pulaski County Special Sch Dist., 921 F.2d 1371, 1383 (8th Cir. 1990). As the parties are in agreement on all items except duration, it would be wasteful of their resources and effort to litigate the many issues concerning unitary status. In any event, duration will be determined, for the most part, by whether the District has achieved its desegregation goals. m. THEREFORE, PCSSD's petition for release from court supervision is hereby denied [docket no. 3253]. FURTHER, the parties have 120 days from entry of this Order to submit an amended desegregation plan for the Court's approval. 6 If the parties desire, the Court is willing to conduct a hearing concerning the duration of an amended plan. 3 FURTHER, in the event the parties do not reach an agreement, the Court will issue detailed findings regarding its denial of PCSSD's petition for unitary status. FINALLY, the time to appeal this Order will run from the date such detailed findings are filed. !TIS SO ORDERED 11-!IS / 'f ./i_DAY OF \u003c;)-, t2\" , 1999 ~)t;c UNITED STATES DISTRICT COURT fHIS DOCUMENT ENTERED ON DOCKET SHEET IN XiMPLJANCE Wirf ~LE 58 AND/n::1:1) FRCP , 1N '7//CJ  BY - I 4  IN THE UNITED ST A TES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, Plaintiff, FiLED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS JUL 1 9 1999 JAMES w. M~cc MACK, CLERK By: \\/_ - u ,'\\f\\\\ll,\"- 1 DP ClERll vs. * * * * * * * * * * * * * * * * * * * * * * * * No. LR-C-82-866 PULASKI COUNTY SPECIAL DISTRICT No. I, et al., Defendants. MRS. LORENE JOSHUA, et al., Intervenors, KA THERINE KNIGHT, et al., Intervenors, ORDER -JUL 21 1999 om:Ecr DESBHC-\\1 ~ ;roNITORI IJG Before the Court are a number of motions from the Little Rock School District (\"LRSD\"), the Pulaski County Special School District (\"PCSSD\"), and the North Little Rock School District (\"NLRSD\") relating to attorney's fees and costs [see doc. #'s 3199, 3200, 3201 , and 3218]. The Arkansas Department of Education (\"ADE\"), in tum, has before the Court a motion to defer consideration of LRSD's, PCSSD's, and NLRSD's respective motions for attorney's fees and - costs [doc.#3209]. The Court notes-that several of these motions are moot and the Court has been informed that other of these motions will be amended to address circumstances that have arisen since the initial motions were filed. That being the case, and so that the record will "},{"id":"gsl_borm_borm1999-2000","title":"Minutes, Board of Regents, 1999-2000, July 1, 1999-June 30, 2000","collection_id":"gsl_borm","collection_title":"Board of Regents of the University System of Georgia Meeting Minutes, 1932-2005","dcterms_contributor":null,"dcterms_spatial":["United States, Georgia, Fulton County, Atlanta, 33.749, -84.38798"],"dcterms_creator":["Board of Regents of the University System of Georgia"],"dc_date":["1999-07-01/2000-06-30"],"dcterms_description":["Meeting minutes and agendas of the Board of Regents of the University System of Georgia. Digitization of this collection is a project of the Georgia Public Library Service, a unit of the Board of Regents of the University System of Georgia, in association with the University System. The project is supported with federal LSTA funds administered by the Institute of Museum and Library Services."],"dc_format":["application/pdf"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":["Atlanta, Ga. : Board of Regents of the University System of Georgia"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC-EDU/1.0/"],"dcterms_is_part_of":["Board of Regents of the University System of Georgia Meeting Minutes, 1932-2005"],"dcterms_subject":["Education, Higher--United States--Administration","Universities and colleges","Schools","University System of Georgia. Board of Regents","Minutes (Records)","Agendas (Series)"],"dcterms_title":["Minutes, Board of Regents, 1999-2000, July 1, 1999-June 30, 2000"],"dcterms_type":["Text"],"dcterms_provenance":["Board of Regents of the University System of Georgia"],"edm_is_shown_by":["https://dlg.galileo.usg.edu/do:gsl_borm_borm1999-2000"],"edm_is_shown_at":["https://dlg.usg.edu/record/gsl_borm_borm1999-2000"],"dcterms_temporal":["1999-07-01/2000-06-30"],"dcterms_rights_holder":null,"dcterms_bibliographic_citation":["Board of Regents of the University System of Georgia. Board of Regents of the University System of Georgia Meeting Minutes, 1932-2005. Office of Legal Affairs, Board of Regents of the University System of Georgia, Atlanta, Georgia."],"dlg_local_right":null,"dcterms_medium":["minute books"],"dcterms_extent":["886 pages"],"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":null},{"id":"noa_sohpcr_k-0182","title":"Oral history interview with Carl A. Mills Jr., June 30, 1999","collection_id":"noa_sohpcr","collection_title":"Oral Histories of the American South: The Civil Rights Movement","dcterms_contributor":["Van Scoyoc, Peggy","Southern Oral History Program"],"dcterms_spatial":["United States, North Carolina, Wake County, 35.79012, -78.65022","United States, North Carolina, Wake County, Cary, 35.79154, -78.78112"],"dcterms_creator":["Mills, Carl A., 1926-1999"],"dc_date":["1999-06-30"],"dcterms_description":["Carl A. Mills Jr. became principal of Cary Elementary and Junior High School in 1953, and by the mid-1960s was serving as superintendent of the Cary district. When desegregation began, Mills was serving as principal of Cary High School, and he welcomed the one African American male who was the first to enter the all-white school. The process that followed was a smooth one, directed by local committees without much contribution from black families, which were few in the area. It is somewhat difficult to dissect the different stages of Mills's career, and how his school dealt with maintaining integration. However, he does reveal what might be distrust of government inspectors when he describes their questions about what appeared to have been the resegregation of his school: by the time the inspectors arrived, black students had left the classroom to learn trades. Not long afterward, Mills left the education business for a career in town recreation.","The Civil Rights Digital Library received support from a National Leadership Grant for Libraries awarded to the University of Georgia by the Institute of Museum and Library Services for the aggregation and enhancement of partner metadata."],"dc_format":["text/html","text/xml","audio/mpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":null,"dc_relation":["Forms part of Oral histories of the American South collection."],"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["School administrators--North Carolina--Cary","School integration--North Carolina--Cary","Schools--North Carolina--Cary--Administration","Education--North Carolina--Cary","Recreation--North Carolina--Cary","Cary (N.C.)--Social life and customs"],"dcterms_title":["Oral history interview with Carl A. Mills Jr., June 30, 1999"],"dcterms_type":["Text","Sound"],"dcterms_provenance":["University of North Carolina at Chapel Hill. Documenting the American South (Project)"],"edm_is_shown_by":null,"edm_is_shown_at":["http://docsouth.unc.edu/sohp/K-0182/menu.html"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["transcripts","sound recordings","oral histories (literary works)"],"dcterms_extent":["Title from menu page (viewed on Nov. 10, 2008).","Interview participants: Carl A. Mills Jr., interviewee; Peggy Van Scoyoc, interviewer","Duration: 01:29:35.","This electronic edition is part of the UNC-Chapel Hill digital library, Documenting the American South. It is a part of the collection Oral histories of the American South.","Text encoded by Jennifer Joyner. Sound recordings digitized by Aaron Smithers."],"dlg_subject_personal":["Mills, Carl A., 1926-1999"],"dcterms_subject_fast":null,"fulltext":null},{"id":"bcas_bcmss0837_1412","title":"\"1998-99 Enrollment and Racial Balance in the Little Rock School District and Pulaski County Special School District,\" Office of Desegregation Monitoring, United States District Court, Little Rock, Ark.","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","United States, Arkansas, Pulaski County, Little Rock, 34.74648, -92.28959"],"dcterms_creator":["Office of Desegregation Monitoring (Little Rock, Ark.)"],"dc_date":["1999-06-23"],"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":["Little Rock (Ark.)--History--20th century","Little Rock School District","School districts--Arkansas--Pulaski County","Office of Desegregation Monitoring (Little Rock, Ark.)","Education--Arkansas","Education--Evaluation","Educational law and legislation","School enrollment","School integration","School management and organization"],"dcterms_title":["\"1998-99 Enrollment and Racial Balance in the Little Rock School District and Pulaski County Special School District,\" Office of Desegregation Monitoring, United States District Court, Little Rock, Ark."],"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/1412"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Available for use in research, teaching, and private study. Any other use requires permission from the Butler Center."],"dcterms_medium":["reports"],"dcterms_extent":["41 pages"],"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":null},{"id":"src_p16817coll21_10171","title":"Emma B. Sessions Park","collection_id":"src_p16817coll21","collection_title":"The State Newspaper Photograph Archive","dcterms_contributor":null,"dcterms_spatial":["United States, South Carolina, Richland County, 34.0218, -80.90304","United States, South Carolina, Richland County, Columbia, 34.00071, -81.03481","United States, South Carolina, Richland County, Columbia, 3200 Beaumont Avenue"],"dcterms_creator":["James, Yalonda","The State Media Company (Columbia, S.C.)"],"dc_date":["1999-06-18"],"dcterms_description":null,"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":["Columbia, S.C. : Richland Library"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":["Box 215, Emma B. Sessions Park","The State Newspaper Photograph Archive"],"dcterms_subject":["Parks"],"dcterms_title":["Emma B. Sessions Park"],"dcterms_type":["StillImage"],"dcterms_provenance":["Richland Library"],"edm_is_shown_by":null,"edm_is_shown_at":["http://cdm16817.contentdm.oclc.org/cdm/ref/collection/p16817coll21/id/10171"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Copyright © The State Media Company. All rights reserved. For more information, contact the Walker Local and Family History Center at Richland Library, Columbia, S.C. 29201."],"dcterms_medium":["photographs"],"dcterms_extent":null,"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":null},{"id":"src_p16817coll21_10167","title":"Emma B. Sessions Park","collection_id":"src_p16817coll21","collection_title":"The State Newspaper Photograph Archive","dcterms_contributor":null,"dcterms_spatial":["United States, South Carolina, Richland County, 34.0218, -80.90304","United States, South Carolina, Richland County, Columbia, 34.00071, -81.03481","United States, South Carolina, Richland County, Columbia, 3200 Beaumont Avenue"],"dcterms_creator":["James, Yalonda","The State Media Company (Columbia, S.C.)"],"dc_date":["1999-06-18"],"dcterms_description":null,"dc_format":["image/jpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":["Columbia, S.C. : Richland Library"],"dc_relation":null,"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":["Box 215, Emma B. Sessions Park","The State Newspaper Photograph Archive"],"dcterms_subject":["Parks"],"dcterms_title":["Emma B. Sessions Park"],"dcterms_type":["StillImage"],"dcterms_provenance":["Richland Library"],"edm_is_shown_by":null,"edm_is_shown_at":["http://cdm16817.contentdm.oclc.org/cdm/ref/collection/p16817coll21/id/10167"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Copyright © The State Media Company. All rights reserved. For more information, contact the Walker Local and Family History Center at Richland Library, Columbia, S.C. 29201."],"dcterms_medium":["photographs"],"dcterms_extent":null,"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":null},{"id":"bcas_bcmss0837_1016","title":"\"Compliance for the LRSD Revised Desegregation and Education Plan Programs, Policies and Procedures,\"","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, Little Rock, 34.74648, -92.28959"],"dcterms_creator":null,"dc_date":["1999-06-10"],"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":["Little Rock (Ark.)--History--20th century","Little Rock School District","Education--Arkansas","Educational planning","School integration","Educational law and legislation"],"dcterms_title":["\"Compliance for the LRSD Revised Desegregation and Education Plan Programs, Policies and Procedures,\""],"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/1016"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["reports"],"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  \n\nThis transcript was created using Optical Character Recognition and may contain some errors.\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   \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 "},{"id":"noa_sohpcr_k-0144","title":"Oral history interview with Lawrence Ridgle, June 9, 1999","collection_id":"noa_sohpcr","collection_title":"Oral Histories of the American South: The Civil Rights Movement","dcterms_contributor":["Rouverol, Alicia J., 1961-","Southern Oral History Program"],"dcterms_spatial":["United States, North Carolina, Durham County, Durham, 35.99403, -78.89862"],"dcterms_creator":["Ridgle, Lawrence, 1931-"],"dc_date":["1999-06-09"],"dcterms_description":["This is the second of two interviews with Lawrence Ridgle, who spent most of his life living in Durham, North Carolina. Ridgle begins this interview by offering a detailed description of his father's work with the American Tobacco Company, explaining that his father had a fairly good job with the company, considering the opportunities open to African Americans at the time. Following in their father's footsteps, Ridgle's sister also worked for the American Tobacco Company, she for more than forty years. Initially employed as a cleaning woman, Ridgle's sister eventually rose in the ranks of the company to become the first African American foreman. In chronicling her unique achievements, Ridgle argues that her success was a source of tension for some African American workers, who dubbed her \"the slave driver.\" Ridgle shifts to a discussion of his years spent in the army, arguing that much like his sister, he covered new ground in the area of African American leadership. After first serving as a noncommissioned officer over an all-black battalion in the army, Ridgle presided over one of the first integrated battalions during the early 1950s. He offers numerous anecdotes about his experiences in the army, including the racial tensions he witnessed. Ridgle devotes the last third of the interview to a discussion of his thoughts on the state of affairs for the African American community at the time of this 1999 interview, focusing primarily on the impact of demographic changes resulting from a rapidly growing Latino population. In outlining some of the emerging tensions between African Americans and Latinos, Ridgle argues that Latinos offered a good example of industrious behavior for African Americans and expresses his hope that the two groups could learn from one another. Asserting his belief that urban renewal in Durham was detrimental to African Americans, Ridgle also spends considerable time explaining his disdain for the current welfare system and his perception of drug abuse in Durham, arguing that both contributed to the decline of the African American community. The interview concludes with Ridgle's ideas for promoting alliances between African Americans, Latinos, and poor whites to work together for the benefit of all three marginalized groups.","The Civil Rights Digital Library received support from a National Leadership Grant for Libraries awarded to the University of Georgia by the Institute of Museum and Library Services for the aggregation and enhancement of partner metadata."],"dc_format":["text/html","text/xml","audio/mpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":null,"dc_relation":["Forms part of Oral histories of the American South collection."],"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["African American men--North Carolina--Durham","African Americans--North Carolina--Durham--Social conditions","Durham (N.C.)--Race relations","Durham (N.C.)--Population","African Americans--North Carolina--Durham--Relations with Hispanic Americans","African American soldiers","Tobacco workers--Employment--North Carolina--Durham","Women tobacco workers--Employment--North Carolina--Durham"],"dcterms_title":["Oral history interview with Lawrence Ridgle, June 9, 1999"],"dcterms_type":["Text","Sound"],"dcterms_provenance":["University of North Carolina at Chapel Hill. Documenting the American South (Project)"],"edm_is_shown_by":null,"edm_is_shown_at":["http://docsouth.unc.edu/sohp/K-0144/menu.html"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["transcripts","sound recordings","oral histories (literary works)"],"dcterms_extent":["Title from menu page (viewed on Nov. 26, 2008).","Interview participants: Lawrence Ridgle, interviewee; Alicia Rouverol, interviewer.","Duration: 02:13:25.","This electronic edition is part of the UNC-Chapel Hill digital library, Documenting the American South. It is a part of the collection Oral histories of the American South.","Text encoded by Kristin Shaffer. Sound recordings digitized by Aaron Smithers."],"dlg_subject_personal":["Ridgle, Lawrence, 1931-"],"dcterms_subject_fast":null,"fulltext":null},{"id":"noa_sohpcr_k-0143","title":"Oral history interview with Lawrence Ridgle, June 3, 1999","collection_id":"noa_sohpcr","collection_title":"Oral Histories of the American South: The Civil Rights Movement","dcterms_contributor":["Rouverol, Alicia J., 1961-","Southern Oral History Program"],"dcterms_spatial":["United States, North Carolina, Durham County, Durham, 35.99403, -78.89862"],"dcterms_creator":["Ridgle, Lawrence, 1931-"],"dc_date":["1999-06-03"],"dcterms_description":["This is the first of two interviews with Lawrence Ridgle, who was born during the height of the Great Depression and spent his childhood on Fayetteville Street in Durham, North Carolina. Ridgle begins the interview by recalling that his neighborhood was impoverished but close-knit. Ridgle describes the various ways in which people made ends meet through innovation during the Depression and helping one another out, arguing that \"getting by\" constituted great success. Ridgle also asserts his admiration for the social welfare programs that Franklin Delano Roosevelt implemented during those years because they put people to work and helped to feed people. Nevertheless, Ridgle also notes that he felt deep disdain for the modern welfare system. In addition to emphasizing community togetherness, he also discusses his father's job with the American Tobacco Company, which he later elaborates upon in his second interview. Ridgle devotes the second half of the interview to what he sees as decline within the African American community, particularly as a result of urban renewal projects that began during the 1960s. Ridgle argues that these projects created a disconnect between African Americans of different social classes, and that thriving African American business in Durham had all but disappeared during the period of urban renewal. He articulates his admiration for business owners who held out as long as possible. Ridgle concludes the interview by arguing that although many people initially understood urban renewal in a positive light, it ultimately served to isolate African American neighborhoods and communities.","The Civil Rights Digital Library received support from a National Leadership Grant for Libraries awarded to the University of Georgia by the Institute of Museum and Library Services for the aggregation and enhancement of partner metadata."],"dc_format":["text/html","text/xml","audio/mpeg"],"dcterms_identifier":null,"dcterms_language":["eng"],"dcterms_publisher":null,"dc_relation":["Forms part of Oral histories of the American South collection."],"dc_right":["http://rightsstatements.org/vocab/InC/1.0/"],"dcterms_is_part_of":null,"dcterms_subject":["African American men--North Carolina--Durham","African Americans--North Carolina--Durham--Economic conditions","African Americans--North Carolina--Durham--Social conditions","Urban renewal--North Carolina--Durham","African American neighborhoods--North Carolina--Durham","New Deal, 1933-1939--North Carolina--Durham"],"dcterms_title":["Oral history interview with Lawrence Ridgle, June 3, 1999"],"dcterms_type":["Text","Sound"],"dcterms_provenance":["University of North Carolina at Chapel Hill. Documenting the American South (Project)"],"edm_is_shown_by":null,"edm_is_shown_at":["http://docsouth.unc.edu/sohp/K-0143/menu.html"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":null,"dcterms_medium":["transcripts","sound recordings","oral histories (literary works)"],"dcterms_extent":["Title from menu page (viewed on Nov. 26, 2008).","Interview participants: Lawrence Ridgle, interviewee; unidentified speaker; Alicia Rouverol, interviewer.","Duration: 01:03:50.","This electronic edition is part of the UNC-Chapel Hill digital library, Documenting the American South. It is a part of the collection Oral histories of the American South.","Text encoded by Kristin Shaffer. Sound recordings digitized by Aaron Smithers."],"dlg_subject_personal":["Ridgle, Lawrence, 1931-"],"dcterms_subject_fast":null,"fulltext":null},{"id":"bcas_bcmss0837_1447","title":"Report: ''Racial Composition of the Certified Staff in the Secondary Schools and the Administrators in the Central Office of the Pulaski County Special School District,'' Office of Desegregation Monitoring, United States District Court, Little Rock, Ark.","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","United States, Arkansas, Pulaski County, Little Rock, 34.74648, -92.28959"],"dcterms_creator":["Office of Desegregation Monitoring (Little Rock, Ark.)"],"dc_date":["1999-06-03"],"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":["Little Rock (Ark.)--History--20th century","School districts--Arkansas--Pulaski County","Education--Arkansas","Education--Evaluation","Educational statistics","School administrators","School employees","School integration"],"dcterms_title":["Report: ''Racial Composition of the Certified Staff in the Secondary Schools and the Administrators in the Central Office of the Pulaski County Special School District,'' Office of Desegregation Monitoring, United States District Court, Little Rock, Ark."],"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/1447"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Available for use in research, teaching, and private study. Any other use requires permission from the Butler Center."],"dcterms_medium":["reports"],"dcterms_extent":["23 pages"],"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":null},{"id":"bcas_bcmss0837_1721","title":"Court filings: District Court, Pulaski County Special School District's (PCSSD's) motion to approve new school site; District Court, three orders; District Court, combined motion and memorandum re: the Pulaski Educational Cooperative; District Court, notice of filing, Office of Desegregation Management report, ''1998-99 Enrollment and Racial Balance in the Little Rock School District (LRSD) and Pulaski County Special School District (PCSSD)''; District Court, motion to relieve Arkansas Department of Education (ADE) from its obligation to file a July 1999 semiannual monitoring report; District Court, notice of filing, Arkansas Department of Education (ADE) 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","United States, Arkansas, Pulaski County, Little Rock, 34.74648, -92.28959"],"dcterms_creator":["United States. District Court (Arkansas: Eastern District)"],"dc_date":["1999-06"],"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":["Little Rock (Ark.)--History--20th century","Special districts--Arkansas--Pulaski County","Office of Desegregation Monitoring (Little Rock, Ark.)","Little Rock School District","Arkansas. Department of Education","Education--Arkansas","Education--Evaluation","Education--Finance","Educational law and legislation","Educational planning","School management and organization","School buildings","School facilities","School enrollment"],"dcterms_title":["Court filings: District Court, Pulaski County Special School District's (PCSSD's) motion to approve new school site; District Court, three orders; District Court, combined motion and memorandum re: the Pulaski Educational Cooperative; District Court, notice of filing, Office of Desegregation Management report, ''1998-99 Enrollment and Racial Balance in the Little Rock School District (LRSD) and Pulaski County Special School District (PCSSD)''; District Court, motion to relieve Arkansas Department of Education (ADE) from its obligation to file a July 1999 semiannual monitoring report; District Court, notice of filing, Arkansas Department of Education (ADE) 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/1721"],"dcterms_temporal":null,"dcterms_rights_holder":null,"dcterms_bibliographic_citation":null,"dlg_local_right":["Available for use in research, teaching, and private study. Any other use requires permission from the Butler Center."],"dcterms_medium":["judicial records"],"dcterms_extent":["90 pages"],"dlg_subject_personal":null,"dcterms_subject_fast":null,"fulltext":"The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors.  EDWARD L . WRIGHT ( U03- IQ77) ROBERT S. LINDSEY (1 913  1991) ISAAC A. SCOTT , JR . JOHN G. LILE WRIGHT, LINDSEY \u0026 JENNINGS l.LP ATTORNEYS AT LAW JOHN 0 . DAVIS JUDY SIMMONS HENRY KIMBERLY WOOD TUCKER RAY F . COX . JR. GORDON S. RATHER. JR. TERRY L. MATHEWS DAVID M. POWELL ROGER A. GLASGOW C. DOUGLAS BUFORD. JR . PATRICK J . GOSS ALSTON JENNINGS . JR . JOHN R, TISDALE KATHLYN GRAVES M. SAMUEL JONES 111 JOHN WILL IAM SPIVEY Il l LEE J. MULDROW N.M . NORTON CHARLES C . PRICE CHARLES T . COLEMAN JAMES J. GLOVER EDWIN L. LOWTHER . JR . CHARLES L. SCHLUMBERGER WALTER E . MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E . BROWNSTEIN WALTER McSPAOOEN ROGER D. ROWE NANCY BELLHOUSE MAY Mr. John Walker John Walker, P.A. 1723 Broadway Little Rock, Arkansas 72206 Ms. Ann Brown ODM Heritage West Building, Suite 510 201 East Markham Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm 401 W. Capitol, Suite 504 Little Rock, Arkansas 72201 RE: PCSSD Dear Counsel and Ms. Brown: 200 WEST CAPITOL AVENUE SUITE 2200 LITTLE ROCK , ARKANSAS 7220 1-3699 (501) 371 -0808 FAX (501) 376 -9442 WEBSITE : www .wl j .com OF COUNSEL ALSTON JENNINGS RONALD A. MAY M. TODD WOOD Wri ter ' s Direct Dial No . 501-212 - 1273 mj onesQwlj .com June 9, 1999 Mr. Christopher Heller Friday, Eldredge \u0026 Clark TROY A. PRICE PATRICIA A. SIEVERS JAMES M. MOODY. JR. KATHRYN A. PRYOR J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY J. SALLINGS FRED M PERK INS 111 WILLIAM STUART JACKSON MICHAEL 0 . BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER BETSY MEACHAM KYLE R. WILSON C. TAO BOHANNON DON S. McKINNEY MICHELE SIMMONS ALLGOOD KRISTI M. MOODY J. CHARLES DOUGHERTY M . SEAN HATCH PHYLLIS M. McKENZIE ELISA MASTER SON WHITE JANE M. FAULKNER ROBERT W. GEORGE J. ANDREW VINES 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 RECEIVED Mr. Stephen W. Jones Jack, Lyon \u0026 Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 JUN 1 0 1999 OFFICE OF DESEGREGATION MONITORING. Enclosed is a copy of PCSSD's motion to approve new school site which is being filed today. MSJ/ao Encl. 108830-v1 Cordially, WRIGHT, LINDSEY \u0026 JENNINGS LLP M. Samuel Jones, Ill IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED: JUN 1 0 1999' OFFICE OF DESEGREGATION MONITORIN\u0026. PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PCSSD'S MOTION TO APPROVE NEW SCHOOL SITE The PCSSD for its motion, states: 1. In its post-unitary commitments recently filed with this Court for approval, the PCSSD pledged to construct a new elementary school in the southeast sector. 2. Pursuant to the Desegregation Plan dated April 29, 1992, the PCSSD established a biracial building committee including representatives from the Office of Desegregation, all as specified at page 81 of the Plan. 3. The committee spent several weeks evaluating possible sites before recommending a site located at the northwest corner of 145th Street and Highway 67/167 proximate to the Siemen's facility. 4. Counsel for the PCSSD is informed that the ODM has been appropriately involved in the site selection process. 5. This process began some time ago with the view toward closing Bates  Elementary and simply shifting that student population to the new facility. As matters have evolved, the PCSSD now proposes to close both Bates and Fuller Elementaries 108803-v1 and combine that student enrollment at the new site with no change of geo codes. The PCSSD believes that by simply moving these enrollments to a new facility, that its proposal is race neutral and will have no negative impact upon its current desegregation efforts. However, at the same time, approval of this site will enable these present student bodies to enjoy the conveniences and benefits of a new school facility. 6. Attached as Exhibit A are the original offer and acceptance, including special conditions and the outstanding counter offer. Speciai Condition 2 d. provides that approval of this Court is necessary to finalize this transaction. 7. We further wish to advise the Court that there are current active discussions at the district level which, if finalized, would cause the configuration of the building to be constructed on this site to be that for kindergarten through 5th grade. To - accomplish this, Fuller Junior School would be reconfigured for 6th through 8th grades and Mills High School would be converted to grades 9 through 12. The district has, of course, made no final decisions regarding this, but the district felt the Court should be aware of these discussions and deliberations. If and when a decision to change the configuration is made, an appropriate filing with this Court will also be made. WHEREFORE, the PCSSD prays that the school site described herein be approved and that, upon completion of the new facility, that the present Bates and Fuller Elementary Schools be approved for closing. WRIGHT, LINDSEY \u0026 JENNINGS LLP 200 West Capitol Avenue, Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 By _ ~-1------+-=------- ) Special 2 ' CERTIFICATE OF SERVICE On June 9 , 1999, a copy of the foregoing was served by U.S. mail on each of the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge \u0026 Clark 2000 First Commercial Building Little Rock, Arkansas 72201 Ms. Ann Brown ODM Heritage West Building, Suite 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell and Street First Federal Plaza 401 West Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 3 THE HATHAWAY GROUP I 00 MORGAN KEEGAN DRIVE, SUITE 120 LITTLE kOCK, ARKANSAS 72202 HA I OHT' 1.. I N O SEV - (591) 663-5400 OFFER \u0026 ACCEPTANCE  4 -l 1. BUYER \u0026 SELLER: Pulaski County Special School District, hereinafter referred to as \"Buyer,\" offers to buy, subject to the terms set forth ben,in. the below described property from The Dorothy Eosminier Trust. hereinafter rcfem:d to as '\"'Seller.\" 2. PROPERTY DESCRIBED AS: Approximately 22.569 acres, being part of Tracts 27 and 28, Holman Acres, Pulaski County, Arkansa., mon, particularly described on Bxh.lblt B attached .. 3. PURCHASE PRICE: The Buyer will pay $135,400.00 for the property, payable all in cash at closing. 4. SPECIAL CONDffiONS: Buyer's Offer is conditioned upon satisfaction of the Special Conditions anached hereto on Exhibit A. 5. EARNEST MONEY: Buyer herewith tenders a check for $3,000.00 to be ~ upab accct,1'81-:c as earnest mooey which shall llJll)iy to purcbuc price or closina COit.i. \u0026mcst IDDDDY lball be mid In C9CroW by The Hathaway Group. If tide requin:IDCDU arc not fulfilled, or if thoao Special COllditiool providing for ID earnest moocy refuod UC not aatisficd. 1be earnest mooey deposit shall be refunded to Buyer. If Buyer fails to fulfill his obliptirm or if, after all cooditioi1' have been met, Buyer fails to cloae dlil tramacuoo. the earnest moocy may, at the 901c and cx.clmiYc optim of the Seller, be rctaiucd by the Seller as liquidau,d damages. Alrmnadvely, Seller may recum the eamesr money md uaert all lcpl or cquitlblc rigbta which may exist as a result of Buyer's breach of cootraa. 6 . CONVEYANCE: Convcyaoce shall be made to Buyer, or u mrc::am by Bu:yac, by general wammry deed, excepc It shall be subject to recorded restrictions aod easements, if my, which do D0t ma\u0026erlally affi:cl die property. 7. TJTI..8 INSURANCE: Within twenty-one (21) days of aix:cp(aDce, Seller shall fumiah to Buyer a cnmmirmcnt for an American Land TJtle .As3ociation (ALTA) owner's title insuraDcc policy in tbc amouot of tbc pun:base price issued by a compauy alllhom.ed to insure title to real property in the State of Arbnsas and which company is reuombly accepcable to Buya-. Where Um title commitment shows special excepdoos to title olber Ihm tbole ltandud exccptiom cootaincd in the ALT A commitmcat form. and where such special exa:prlom relare to rcstricdom, 011iMm. det=I or odJcr matters which would interfere with Buyer's use or adversely affi:ct the value of tbc premises, then wilmD fourteeu (14) days of delivery of the title C0111roitmmt, Buyer shall deliver written ootice thei'cof to Seller. Such nock:e \u0026hall awe speciftcally tboee eltCCJl(iom to which Buyer objects. All objecdoos not specifically enumerated within such a timely dclivcnxl DOticc shall be deemed to be waived by Buyer. Within fourteen (14) days of Buyer's delivery of noace of objecdom to Seller, Sell may cun, such objccdoos or baYC the exceptiom waived or removed by the title company issuing the oomrnilJJJtJUf U, witbin sucb fourt.ccn (14) day period, Seller fails to cure and/or have waived such objection., and excepdoas, or within that period, ScDer dclm:ni writlcu notice to Buyer that it will not so cmc, then. within three (3) days from delivery of Slr.b nodce from Seller or the eoci of tbc period within which Seller may CUJ'C (whichever ii applicable), Buyer shall have the option to: a. Tennioale this agreemem by ddlveriDg written nodcc thereof to ScUer, in which evcot all sums paid or dcpo5itcd by Buyer shall be returm:d to Buyer; or b. Purchase the premises subject to such objectioos and~ with no rccluctioo in the purchase price; or c. A\u0026rCC to extend tbc closin\u0026 date for thirty (30) days, to give Seller addiJiooal time ID cure such objectiolls. Ir Buyer falls to deUVer notice of termiDation or grant an extemioo of tbe closing date within that period. the objcctioos shall be deemed to be waived and this condition shall be sarlsfiod. Seller lball furnish tbe commincd owner's title iDsuraDce policy as IOOll u pnctlcablc after c:loliug, and shall pay all expcmcs related to the OWDer's title insurance policy. EXHIBIT I /J WR IGHT L. tNOS E .,  IJ. .PRORA TIONS: Taxca and special assesnnems due 011 or before cl01tn, shall be paid by Seller. ADY dcpoaita oo raJU1 property \u0026re ~ be transfcncd to Buyer at closing. Imunmce, cunm geueral wes and special VSCSSJDl'UI, r'Clllal ~ utilities, and any interest on assumed loam shall be prorated at closing unless odlerwise specified herein. CLOSING: Closina shall occur at such time as mutually agreed by the partiel, provided that the dale shall be no later lban August 31. 1999, unless such rcquircmcut is waived in writiDg by both parties and a new date substituted tbcretor. Unless oberwiae agreed by Buyer and Seller, tramacdo.n costs will be paid by the party indicated below: Scllcr:  Title examination or search fees, Premium for owner's title insurance policy, IRS notification form, Preparation of conveyance documents, One-half of escrow fees., Onebalf of doaimeowy stamps, Other charges as customarily paid by Seller. Buyer. Premium for mortgagee's title in:s1U1111cc policy,  Recording fees, Preparation of loan dOCIIIllents, One-half of oscrow foec, One-half of documentary stamps. Other charges customarily paJd by Buyer. 10. POSSESSION: Poi.seaion shall be delivered to Buyer upon the closing dale. 11. A TI ACHED FIX1URES AND EQUIPMENT: Unless specifically excluded herein, all attached fixtures 111d equipment, if any, are included in the purchase price. 12. INSPEC110NS AND REPAIRS: Buyer certifies that Buyer has inspected or will inspect tho property and is not relying upon any wammtic,. repn:scntatioru or statcmeotll of any a\u0026cnt or Seller as to age or condition of improvements, other than those specified herein. 13. RISK OF LOSS: lf prior to closiog of this ttaosaetloo the lmprovemmm on the property shall be destroyed or m.at.crially damaged by nre or other casualty. tills comract sball, at tbc opt1oD or lbe Buyer, be null and void. If Buyer shall elect, in the cvem of such lou, Chat the comnict lbalJ be performed, he shall be cotitlcd to the proceeds of iu\u0026urani:e applicable to the loss for use in repel.rfng said loss. 14. MISCELLANEOUS: - L This Offer and Ac:ccptaDcc shall be goYClllCd by the 1awa of the Stale of Arlcamas. b. lb.is Offer and Accepcmce, iDcludillg all cxhibkl, contains the compl= agreement bctMcn tho parties and cannot be vuicd ex.c:cpt by writa qr-ccmcut by the panics. The partica a,rco lba1 there are no oral agreemcnta, unde~. representations or warranties which are oot expressly set funh herein. c. Any portion of this Offer and Au eptauce JJDt odJerwise \u003cxDRJrnrnated 'It closing wUl surviYe the closing of this n-anslld:loa aa i:i coodnning agm:mem by aod between lbe parties. d. This Ofm' ilOd Accepc.uu, \u0026ball inure to the benefit of md bind the panie., hereto and their rC3Jiective heirs, rcprcscntativcs, suca:ssms, and assigns. c. Tune is of the caax:e witb respect 10 this Offer and Acccptancc. 15. ACCEPTANCE: The tam-~ .. a UICd hcl'cio shall rm thc larer of thc two dates oo which this Offer and Acceptance Is sipcd by Seller Ol' Buyer, u iDdicared by dlelr sipalUrCI below, whicb later date shall be the date of final execution and agreemem by die putiel hereto. If my dat.e or deadline provided for herein ran. on Saturday, Sunday, or a holiday. the applicable dale shall be the next bmioca day. 16. AGENCY: By virtue of The Hathaway Group's Exclusive Listing Agreement with Seller covering this Property, and The Hathaway Group's Exclusive Agency agreement wi1b Buyer, dated March 15, 1999, Seller and Buyer heRby aclmowlcdgc and agree lbal the Usdog/Sellillg Agem Firm and all licellled pe1101111el ISIOcialed with the Listing/Selling Agcat Firm are representing both Buyer and Scllei- in the purchase md sale of Ille abo't'e relereoccd Property and 1ba1 Listing/Selling Agem F'll1D bas been and is now the agent of bath Scllec and Buyer with ~ 10 this cramactioa, Seller and Buyer have both consented to, and hereby confirm their oonsent to 1FDCY repn:se:otatiao ofbacb parties. Further, Seller alJd Buyer: 2 WR I GHT 1,..I N OSE ., a. agree dial tbe J..istiu\u0026ISelliD\u0026 Agent F'um shall DDl dia::1olo to either Buyer or Se1lc:r aay penoaal, fimucia.l or OCher con.f1dcm1a1 information cooccmmg the olber puty witboul the cxprea wriUm comm or that party. This rcstrictioo doea DOt include ':nformation actually known by Li.sting/Selling A.gm. Firm which IWSt, at Ustiug/Sellioa A\u0026CDt Pirm'a dJscrction. be disclosed. b. aclalowledge ncdfiadoo lbat when Ustina/Sellinl Aacnt rum ,epreaem bodi partica, a coaflic:t of imercst CAD arise, and Seller and Buyer further agree to forfeit their individual right to receive the uodividcd loyalty of Llsting/Sclling Agent Firm. It is understood, however, that Luling/Selling Agent F\"srm is obligated to treat each party fairly and equitably. c. waive any claim now or hereafter arising out of aay c:onffictl of interest from Listing/Selling A\u0026cnt -P-liln rcp~nting bodl parties. Buyer and Seller acknowledge tbe Listiag/Selliag Agent F1rm di9cmed that the L\u0026ting/Sdliaa Agaat F1rm rcpr'CXlltl both partic., ill this tnmactioa, and Daya- md Sellrr ban ghm tbefr couseld to th1I representation before entering into this Offer 1111d Ac:ceptaDce. d. agree that Llsdng/Selliog Ageot P-um'a fee shall be paid by Sell only. 17. EXPIRATION OF OFFER: This offer shall expire unlcsa accepted in writing bySclltrbcfore S:00 p.m. oo June 8, 1999. SELLING AGENT FIRM: The Hathaway Group Jeffrey~(, ~-- s~---1 Urtr:Jr-.....-\"'~'~prtd _________ 1999 at __ AM/PM. w~ ag,w to pay 1M llaw nanwd agar/ a Ju for profusiotlal urvku r in Sffllnllg said o/fer, as ~ in a HJ)Q1'QU listing agnanDII. If for (1lfJ reason w eamt!SI money Af'_TC1VU'kd for lwmn is forfeit, u under the provisions herro/. same shall be divided apllJlly bt:twlln Sd/Lr and Listing .Agmt -Firm after payTMnl of inaured apauu. LISTING AGENT FIRM: . The Hathaway Group ingerTrust J.E. Hathaway, Jr. - Agent Date Supervising Broker Date 3 e - 9--39 : t: -l 9PM ;0 1 S;\"Q 1cr .:::,F = C E wA  C t--1 r L.. , ,._,CSE .,, EXHIBIT B ..: .ar- . , --- S ...... '- -,,---.. 11ft ,.. ---- I ._(.t z.. ' taOf'Ellff Daelll\"r~ Pn et Tr.eta a, 1'4 21 Mel ... Aar ... hllll eouncy. u~. -r partlcularlr deac\u0026\"lbe4  co-Mlft9 ac ~ i11Mtnecr4;1011 ot ne ~ rl.,,ac-ot-var u,.. et \u0026aac Uldl '\"-tend ta. W.at ri11u:-.t-var Une et Dln.11 Del ~-.. ~ l~  , ..... , dqac-af-vr , ... llocUI oo n 40 bsc ,,,.1., teec u u.. 101n or 10::tnucc, tJ\\eaae Nertll  11  .- w.et JCM.51 feecr CMACe SouU oo oc \u003eo vcc 1s,.co , .. c to  poi\"c \" ~ Eaatedy ri48'tot- y u .. or U.S. Ni,aw.y W.. H-161r U..nca alon9 tUld .-1.8'C-e(-V.f UM ua oUovl-, IOUI' ... , bearlnq and dlt.a- 1).IIOru. a,,., \u003eo W..t i10.2t r-.t, JI 110n.a  \u003e s7 w.ac 6a\u0026.oJ t .. c, )) .-oru. s, \u003e 41 w.ac 110.,~ r .. c, c) !llonll 02 \u003eo ,.,. Vet a\u003ec.os fti ~ace SCNta n H' M caac UtJ.n , .. c ~  polnt oa ~ v.ac rlc,Ac_f_J' u .. of Di,.._ DdI '-\"\"el..-. .. ,. l'l.hC ot--r souc.11  11 co w.ac n1.,1 , .. ,, CAanC:41 co.clMalftt 1---. lei rl9~c-ot-r 0A a~ COCM ci.hc 11\u0026vl1119  ra4l- et 71S.6\u0026 , .. c. ell aro dlat.AIIOe of ltt.15 f~ Uld  c::IIOnl vt1icll ~r Souu. oa 11 5\u0026 v.ac 1,,.20 feec, Uaw: con~llllll\"'f IOAtf  ,. rl'fl\\C-O(-vay Souc- 1, 20 .,. Vc 20.ao fec, ua.nco CCM1Cl11111-, al ... a.\u0026 rl~hc-ef-.r on cwrv to t.h4 letc a.v11WJ  rulua of ,1s.1, fNc. \u0026A arc dlaUftCa ot 200.05 f-~ AM CMC'1I lltlicll be~ SovQ Ot l' 21 Vt lt , .. c, ~ CGCIClnulnq IOftlll aald rlqllC-f-vey SOUC!I oo ff' U V.C 25.tO feet to CM ,01111' or am11a11-.. c0Aul11l11o9 a,.~,, ecr aor oc l RECEIVED FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS - JUN 2 4 1999 OfflCE OF DcSEGREGATION MONITORING IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUN 1, 6 1999 JAMES,~MACK, CLERK By: L~ADtv\\iL\".., OEP CLER;\u003c LITTLE ROCK SCHOOL DISTRICT, Plaintiff, vs. PULASKI COUNTY SPECIAL DISTRICT No. 1, et al., Defendants. MRS. LORENE JOSHUA, et al., Intervenors, KA THERINE KNIGHT, et al., Intervenors,       No. LR-C-82-866                   ORDER On July 1, 1998, the Court of Appeals for the Eighth Circuit handed down an opinion on the issue of funding of retirement and health insurance for teachers and directed this Court to decide, in the first instance, exactly what relief is appropriate. See Little Rock School Dist. v. North Little Rock School Dist., 148 F.3d 956 (8th Cir. 1998). The Court stated as follows: The three Pulaski County School Districts should be placed in a position no worse than they would have occupied if the previous system of funding for teacher retirement and health insurance had not been changed. This does not mean that these districts are entitled to receive both an amount equivalent to what the old 3257 system would have produced for teacher retirement and health insurance, and the whole amount now paid to them as Equalization Funding. Such a result would be a double recovery, a windfall. But the districts are entitled to be held harmless against any adverse effect of the funding change. This means that it will be up to the District Court, after appropriate submissions from the parties, to calculate, as near as may be, the difference between what the old system - MFP A plus teacher retirement plus health insurance - would have produced, and what the new system - Equalization Funding in one lump sum - is producing. The appellants suggest that this effort will necessarily involve speculation. Admittedly it cannot be exact, but we believe that the District Court can make a reasonable and informed estimate. 148 F.3d 956, 968. The Eighth Circuit's mandate was filed in this Court on August 17, 1998, and the parties subsequently submitted papers setting forth their respective views on the matter. A hearing on this issue was held on January 6, 1999, following which the parties filed post-hearing briefs on the issues raised at the hearing. Thereafter, the three Pulaski County school districts - the Little Rock School District (\"LRSD\"), the Pulaski County Special School District (\"PCSSD\"), and the North Little Rock School District (\"NLRSD\") (hereinafter ''the districts\") - filed a motion for an Order directing the State of Arkansas to distribute the districts' undisputed teacher retirement and health insurance damages. The State, by and through the Arkansas Department of Education (\"ADE\"), responded in opposition to the districts' motion, and the districts filed a reply to ADE's response. By Order dated March 4, 1999, this Court granted the districts' motion, noting that there was no dispute to be resolved as to the appropriate methodology for determining the districts' damages with regard to teacher retirement and health insurance - all parties having agreed on the ADE's proposed methodology- and that all parties were in agreement that the districts are entitled to at least the amounts shown on Revised Exhibit 504, which total $20,380,490.00. The 2 Court thus ordered that the State of Arkansas make payment to the districts in the amount of $20,380,490.00, to be distributed as follows: 60% to LRSD, 30% to PCS SD, and 10% to NLRSD. In so ruling, the Court stated that it would resolve in due course whether the State should be required to pay the districts 100% of each district's costs for teacher retirement and health insurance or the average percentage of actual costs received by other school districts in the State, and whether the districts are entitled to an award of prejudgment interest. It is those issues to which the Court now turns. The districts first contend that in order to provide equal funding to the districts, the starting point for their damages should be 106% of their actual teacher retirement and health insurance costs -- a percentage they state is approximately the same percentage of teacher retirement and health insurance costs paid by the State to all other school districts in Arkansas1 - and that to provide less is discriminatory and in violation of the Order of the Eighth Circuit. The ADE, however, argues that such a remedy would result in a windfall to the districts that the Eighth Circuit stated was improper, and that the districts' damages should be based on their actual teacher retirement and health insurance costs rather than the average percentage of actual costs received by other school districts in the State. The Court has considered the matter and agrees with the ADE that the State should be required to pay the districts 100% of their costs for teacher retirement and health insurance. In directing this Court to determine the appropriate relief to be accorded the districts, the Eighth Circuit only required that the districts \"should be placed in a position no worse than they would 1 See Mem. Br. in Sup. of Mot. for an Ord. Directing the State to Distribute the Districts' Und. Teach. Ret. and Health Ins. Damages, at 2. 3 have occupied if the previous system of funding for teacher retirement and health insurance had not been changed,\" and stated that the \"districts are entitled to be held harmless against any adverse effect of the funding change.\" I 48 F.3d 956, 968. In this regard, there can be no doubt that requiring the State to pay the districts 100% of each district's costs for teacher retirement and health insurance will make the districts whole as envisioned by the Eighth Circuit. The I 06% figure cited by the districts constitutes the average percentage of actual costs received by other school districts in the State and ignores the fact that some school districts received more and some received less. Accordingly, this Court determines that requiring the State to pay the districts I 00% of their costs for teacher retirement and health insurance will hold them harmless against any adverse effect of the funding change. The districts also contend they are entitled to an equitable award of prejudgment interest  - to compensate them for the State's delay in paying the districts' teacher retirement and health insurance costs. They note that the \"adverse effect of the funding change\" to which the Eighth Circuit held they are entitled to be held harmless against has manifested itself in many ways, including deprivation of funds -- or the use of funds -- to which they have been entitled since 1996. The ADE, however, argues that the districts have cited no case in which prejudgment interest has been awarded in circumstances similar to the case at bar, and that the districts in any case are not entitled to such an award as the amount of the underlying liability is not reasonably capable of assessment. The Court has considered the matter and determines that the districts are entitled to an award of prejudgment interest. Whether or not the districts have cited similar cases in which prejudgment interest has been awarded is of no import as the Court finds that under these 4 circumstances such an award against the State is proper. Prejudgment interest serves purposes of making a claimant whole, promoting settlement, and deterring attempts to benefit unfairly from inherent delays in litigation, and should ordinarily be granted unless exceptional or unusual circumstances exist making the award of interest inequitable. Stroh Container Co. v. Delphi Indus., Inc., 783 F.2d 743, 752 (8th Cir. ) cert. denied, 476 U.S. 1141 (1986). The Court finds no exceptional or unusual circumstances in this case that would make an award of prejudgment interest inequitable, and such an award comports with the Eighth Circuit's directive that the districts are entitled to be held harmless against any adverse effect of the funding change implemented by the State. Contrary to the suggestion of the ADE, existing case law allows an award of prejudgment interest against a state defendant in a case such as this. In Missouri v. Jenkins, 491 U.S. 274 - (1989), the Supreme Court held that adjusting an attorney's fee award against a state under 42 U.S.C.  1988 to account for delay in payment was appropriate and not barred by the Eleventh Amendment. Id. at 284. In so ruling, the majority specifically rejected the view, expressed by the dissent, that the Eleventh Amendment requires an \"ultrastrict rule of construction for interest awards\" comparable to the \"federal no interest rule.\" Id. at 281 n.3 . Based on Jenkins, the Eighth Circuit has refused to impose a strict rule of construction protecting state defendants against prejudgment interest awards, see Winbush v. State of Iowa, 66 F.3d 1471 , 1483-84 (8th Cir. 1995) (holding that under Title VII and its \"make whole\" policy, courts have the power to award prejudgment interest against state defendants), and, as noted in Winbush, other circuits likewise have rejected such a strict construction. See Reopell v. Massachusetts, 936 F.2d 12, 15 5 (!51 Cir.) (noting that \"interest is includible [against a state defendant] if, under nonnal litigation principles and rules of statutory construction, a court could have been expected to allow prejudgment interest on the underlying recovery\"), cert. denied, 502 U.S. 1004 ( 1991 ); Pegues v. Mississippi State Employment Serv., 899 F.2d 1449, 1454 (5th Cir. 1990) (noting that \"Congress did not limit the tools with which courts.could fashion relief to victims of discrimination perpetrated by state defendants\"). Nor does the Court find any merit to ADE's argument that an award of prejudgment interest is not reasonably capable of assessment. All parties have agreed -- and this Court has found -- that the districts are entitled to at least the amounts shown on Revised Exhibit 504, which total $20,380,490.00, and today's decision establishes that the State should be required to pay the districts 100% of their costs for teacher retirement and health insurance rather than l 06%. - Thus, the amount of the underlying liability is in fact reasonably capable of assessment. 2 That being so, and there being no exceptional or unusual circumstances in this case that would make an award of prejudgment interest inequitable, the Court agrees with the districts that they are entitled to an equitable award to compensate them for the State's delay in paying them teacher retirement and health insurance costs. In sum, the Court finds that the State should be required to pay the districts 100% of their costs for teacher retirement and health insurance, and finds that the districts are entitled to an 2 The Eighth Circuit calculates prejudgment interest at the rate specified in 28 U.S.C.  1961. Mansker v. TMG Life Ins. Co., 54 F.3d 1322, 1331 (8111 Cir. 1995) (citing Dependah/ v. Falstaff Brewing Corp, 653 F.2d 1208, 1219 (8th Cir.), cert. denied, 454 U.S. 968 (1981)). In this regard, 1961 provides for calculation of interest \"at a rate equal to the coupon issue yield equivalent (as detennined by the Secretary of Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date of judgment.\" 6 award of prejudgment interest. The Court directs the districts to submit a proposed judgment consistent with this Order within twenty (20) days of the date of its entry. IT IS SO ORDERED this j1,_~ y of ~ 1999. ~~ UNITED STATES DISTRICT COURT rHIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPU~:: wmi/WLE 56 AND/OR 79(\u0026) FRCP JN .JeJJk/TI.. ev_n=-JU----- 7 \\ J IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, Plaintiff, VS. PULASKI COUNTY SPECIAL DISTRICT No. 1, et al., Defendants. MRS. LORENE JOSHUA, et al., Intervenors, KA THERINE KNIGHT, et al., Intervenors, * * * * * * * No. LR-C-82-866 * * * * * * * * * * * * * * * * * * ORDER FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS JUN f r3 1999 JA~AES 1 MC~ACK, CLERK By. \\  :;:;;~-2. ~ J, ,LL\\ Q,, 0EP CI.Bt( RECE.fVED JUN 2 2 1999 OFFICE OF DESEGREGATION MONITORING Before the Court is the request of the Magnet Review Committee (\"MRC\") for approval of a change in the grade structure and number of seats at the magnet schools for the 1999-2000 school year. The proposal now under consideration was communicated to the Court by the chair of the MRC in a letter dated May 7, 1999 ( attached). The Court will allow the parties until and 3269 - including July 6, 1999, in which to object to MRC's request. Should no objections be filed within the time allowed, the Court will enter an Order approving MRC's request. !TIS SO ORDERED this / f 11)ay oKr ., 1999. ~)~)t;u UNITED STATES DISTRICT COURT rH/S D0cUMENT ENTE ~c MPLIANce WITH Ru~l~ ON DOCKET SHEET IN )N ~ /J-1/ a q AND/OR 79(1) FR(jp -~-1--.r.J.--,';Lf-.~~~~L_ !Y try : ~ 2 . ~~~!\"\" ..;;\":.~   ~ :;::?:__.,*. -Donna Grady Creer Executive Director (501) 758-0156 May7, 1999 The Honorable Susan Webber Wright\" Judge, U.S. District Court Eastern District of Arkansas 600 West Capitol Suite 302 Little Rock, AR 72201 Dear Judge Wright: At its December 15, 1998 meeting, the Magnet Review Committee tMRC\"l approved a change in the grade structure and number of seats at the magnet schools for the 1999-2000 school year. This letter is a request for Court approval of this MRC action. t kt The changes approved by the MRC result from the restructuring of schools in the Little Ro~ School District nRSDl to accommodate middle schools rather than the traditional grade  arrangements in elementary, junior high, and senior high schools. The Magnet School Stipulation, dated February 27, 1987, and the March 1989 Settlement Agreement, as revised September 28, 1989, describe the magnet schools' structure and establish the enrollment at each. Because the MRCs action alters the terms of those agreements and adds 132 seats to the K- 12 magnet program, the Magnet Review Committee requests your approval of the changes described below. The LRSD Revised Desegregation and Education Plan calls for the reconfiguration of grade structure from the traditional elementary, junior high, and senior high to allow for middle schools to house grades 6, 7, and 8. If the magnet schools are to conform to the administrative structure of other LRSD schools, the four elementary magnets must serve grades K-5, the middle school magnet school must serve grades 6-8, and the high school magnet must serve grades 9- 12. The results of moving the sixth grade to middle school and the ninth grade to high school in the magnet program as approved by the MRC are describ "}],"pages":{"current_page":401,"next_page":402,"prev_page":400,"total_pages":6766,"limit_value":12,"offset_value":4800,"total_count":81191,"first_page?":false,"last_page?":false},"facets":[{"name":"educator_resource_mediums_sms","items":[{"value":"lesson plans","hits":319},{"value":"teaching guides","hits":53},{"value":"timelines (chronologies)","hits":43},{"value":"online exhibitions","hits":38},{"value":"bibliographies","hits":15},{"value":"study guides","hits":11},{"value":"annotated bibliographies","hits":9},{"value":"learning modules","hits":6},{"value":"worksheets","hits":6},{"value":"slide shows","hits":4},{"value":"quizzes","hits":1}],"options":{"sort":"count","limit":16,"offset":0,"prefix":null}},{"name":"type_facet","items":[{"value":"Text","hits":40200},{"value":"StillImage","hits":35114},{"value":"MovingImage","hits":4552},{"value":"Sound","hits":3248},{"value":"Collection","hits":41},{"value":"InteractiveResource","hits":25}],"options":{"sort":"count","limit":16,"offset":0,"prefix":null}},{"name":"creator_facet","items":[{"value":"Peppler, Jim","hits":4965},{"value":"Phay, John E.","hits":4712},{"value":"University of Mississippi. 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