Little Rock School et al v. Pulaski Cty School et al

Filing 5776

ORDER approving as specified 5736 Proposal. Future monitoring limited as specified. PCSSD's status report with implementation details due by 7/1/2022. Signed by Chief Judge D. P. Marshall Jr. on 1/26/2022. (jak)

Case 4:82-cv-00866-DPM Document 5776 Filed 01/26/22 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION

LITTLE ROCK SCHOOL DISTRICT, et al.

PLAINTIFFS

No. 4:82-cv-866-DPM
PULASKI COUNTY SPECIAL SCHOOL
DISTRICT, JACKSONVILLF/NORTH
PULASKI SCHOOL DISTRICT, et al.
EMILY McCLENDON, TAMARA EACKLES,
VALERIE ST ALLIN GS, TIFFANY ELLIS,
and LINDA MORGAN

DEFENDANTS

INTERVENORS

ORDER

"What must PCSSD do to comply with§ H(l) (as supplemented)
and square up the Mills High School/Robinson Middle School
inequity?" Doc. 5730 at 30-31. That was the question the Court left
unanswered in its May 2021 Order on the remaining facilities issues
under Plan 2000. As requested, the Pulaski County Special School
District consulted with the McClendon Intervenors (and other
community members) and promptly offered a proposal.

The

Intervenors agree with the proposal, though they also request much
oversight and suggest additional Mills projects. PCSSD seeks unitary
status now based on its proposal. Intervenors object to that step.

Case 4:82-cv-00866-DPM Document 5776 Filed 01/26/22 Page 2 of 5

The

Court

approves

PCSSD' s

proposal

for

completing

substantial compliance with Plan 2000' s obligations on facilities. Here
are the new Mills High School projects:
1. Ten additional classrooms, attached to the current facility if
practicable;
2. Improvements to the ROTC building to meet Cadet Command
Regulation 145-2;
3. A softball field; and
4. A 2200-seat arena.
The details are specified in Doc. 5736 at 8-13. These improvements
will cost approximately nineteen million dollars.
The proposal as a whole is impressive, another indication of the
District's strong commitment to equal educational opportunities for
all students. The Court particularly commends the good faith shown
in the additional classrooms and the arena project. The classrooms are
needed; and the large arena tracks the new Sylvan Hills facility, plus
will accommodate Mills' s eventual transition to a SA school. On the
classrooms and softball field, Robinson Middle provides the
benchmark. But the Court encourages PCSSD' s intention to do even
better for this high school, having the benefit, as it does, of recent
experience with innovative practices in facilities, including remotelearning capabilities. The Court is not persuaded that the other issues
identified by Intervenors - auditorium seating, the location of some
-2-

Case 4:82-cv-00866-DPM Document 5776 Filed 01/26/22 Page 3 of 5

water fountains and lockers, as well as where the registrar's office is
currently situated- are essential parts of the Plan-2000-required trueup.

The auditorium seating has been expanded.

And the other

matters are details, which are committed to PCSSD' s discretion.
After full implementation of this comprehensive and responsive
proposal, PCSSD will be in substantial compliance on facilities. But
the Court declines the District's request for a unitary declaration
based on the proposal alone; it must be implemented in good faith.
The Court is confident that it will be, but retains oversight, as it has
done on the Jacksonville North Pulaski School District's facilities
master plan.
The proposal reflects that the District will pay for these upgrades
in a variety of ways. Those particulars, too, are for PCSSD to sort as a
good steward of taxpayer dollars.

The Court will not make any

prescription about funding.
The Court directs PCSSD to refine its proposal into a firm plan.
The District must file the plan by 1 July 2022. It must also file a status
report by 1 December 2022, and in early July and early December of
every year thereafter as the plan is implemented. The goal should be
completion as soon as practicable, which the Court hopes will be no
later than July 2025. Sooner would be better, of course. The Court
needs more information, though, before setting the finish line. The

-3-

Case 4:82-cv-00866-DPM Document 5776 Filed 01/26/22 Page 4 of 5

Court looks forward to hearing the District's best estimate on the
timetable. Please provide it this summer.
PCSSD has involved community members 1n addressing the
Mills/Robinson disparities, and the Court directs more of this
collaboration. The District must hold quarterly public meetings to
provide information and gather feedback. These should be hybrid
remote/in-person events, which should increase participation and
will safeguard public health during the COVID-19 pandemic.

All

meeting-related documents should be posted on the internet at least
two weeks in advance of each meeting. These gatherings, the Court
hopes, will promote accountability, increase community involvement,
and build goodwill between citizens and their schools. PCSSD must
keep the Court informed about these meetings in its biennial reports.
Intervenors' monitoring should continue.

But, just as the

remaining issues have narrowed, the amount and scope of monitoring
should narrow, too. The quarterly public meetings will provide the
Intervenors with much information and a forum for making
suggestions. In addition, the Court authorizes two site visits and two
requests for information each calendar year. These can be combined
or separate. And, of course, Intervenors' counsel should respond to
the biennial reports each July and December.

All told, the Court

expects that no more than 150 hours a year will be spent on
monitoring-related activities, including Court filings.
-4-

That should

Case 4:82-cv-00866-DPM Document 5776 Filed 01/26/22 Page 5 of 5

meet the need.

This ceiling anticipates continued good faith

implementation by PCSSD, which has been manifest in recent years.

*

*

*

Proposal, Doc. 5736, approved as specified. Future monitoring
limited as specified.

PCSSD' s status report with implementation

details due by 1 July 2022.
So Ordered.
D .P. Marshall Jr.
United States District Judge

-5-