Consent Order Update J R Brooks Christopher M

Consent Order Update J. R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P. C. December 5, 2017 1

Purpose of the Presentation § To update the Board about Consent Order Implementation § Format: • Discuss details of recent bills. • Update the Board on communications with the DAC, the DOJ, and the Court. • Give an update on the status of each Green factor. • Discuss recent, major Court filings 2

Bill for October 2017 § Total Charges for Consent Order Legal Services: $43, 532. 10 § Total Number of Professional Hours: 256. 60 3

Bill for November 2017 § Total Charges for Consent Order Legal Services: $65, 789. 90* § Total Number of Professional Hours: 403. 80* *As of date of report preparation. 4

October Communications Date Parties Involved Topics October 2 nd DOJ: emails, call DAC: emails, call Court: emails Preparation of Joint DAC filing Review of limited applicant pool issues October 3 rd DOJ: emails, call Court: emails, call Same as above DAC public meeting logistics October 4 th DOJ: emails, call DAC: emails DAC Report logistics Scheduling and logistics for DAC Training October 5 th DOJ: emails, call DAC: emails DAC public meeting and DAC training DOJ’s request for information letter October 10 th DOJ: emails, call DAC: call Preparing Court filing for DAC Public meeting issues 5

October Communications Date Parties Involved Topics October 11 th DOJ: emails Planning for BLG Community Meetings October 12 th DOJ: emails, call Planning Community Relations support Joint call with Proposed Plaintiffs’ counsel October 13 th DOJ: emails Court: Order granting leave to file updated DAC info October 16 th DOJ: emails Court: emails Updated DAC report October 17 th DOJ: meeting DAC: emails, meeting Consent Order check-in, transportation, discipline, and DAC Training October 18 th DOJ: emails DAC: emails Court: emails Requests for information from DAC Planning for call concerning DAC public meeting 6

October Communications Date Parties Involved Topics October 19 th DOJ: call Court: email and call Teleconference to discuss the DAC public meeting October 24 th DOJ: emails and call Court: emails Notice to new DAC members October 25 th DOJ: emails DAC: emails Court: emails, Order Providing answers to DAC’s questions Order naming new DAC members Providing Order to DAC October 26 th DOJ: emails Court: Gonzalez Begin working with Carlos Gonzalez to support the DAC October 27 th DOJ: email Court: Gonzalez, email Details about Carlos Gonzalez’s involvement with the DAC 7

October Communications Date Parties Involved Topics October 30 th DOJ: emails and call DAC: email Court: email, Order Call with Gonzalez concerning DAC support Order Regarding DAC 2016 -17 Report October 31 st DOJ: emails DAC: emails Court: emails Additional DOJ requests for information Introduction of Gonzalez to DAC Chair 8

November Communications Date Parties Involved Topics Nov. 1 st Court: Docket entries Court entry about transcript of conference Nov. 6 th DOJ: calls Call about GHS discipline issues, Court Reports and transportation data sharing Nov. 7 th Gonzalez: emails DOJ: emails Update about meeting with DAC Chair GHS discipline issues Nov. 8 th DOJ: emails DAC: emails Court: emails Same as above DAC training and Gonzalez’s call with DAC Chair Nov. 9 th Gonzalez: call DOJ: emails and calls Court: call Update on support plan for DAC Call with Court concerning GHS discipline and transparency Nov. 10 th DOJ: email Request for additional data 9

November Communications Date Parties Involved Topics Nov. 14 th Court: emails, Order Answering Court’s questions Court entered Memorandum Opinion Nov. 15 th DOJ: emails Court: emails, Report Planning possible meeting with Court Filing of Court Reports Nov. 16 th DOJ: emails DAC: emails Plan training for DAC members Nov. 17 th DAC: emails Same as above Nov. 30 th DOJ: emails DAC: emails Same as above 10

Status of Particular Green Factors 11

The Green Factors § Student Assignment § Extracurricular Activities § Faculty and Staff Assignment § Transportation § Facilities § Other factors: • Equitable Access to Course Offerings • Student Discipline

The Green Factors § Closest to being ready: • Facilities § From the Court’s recent Order: “The Court as visited the new schools; the facilities appear to be excellent. ” (p. 8)

Court’s November 14 th Order § This was an update order. § Court emphasized “Good Faith” § Emphasis on the importance of the community § Discussed the Second Annual Report

Notable Quotes – Importance of Community “ To release a public school district from federal supervision, a district court must be reasonably confident that a school district will not revert to prior unconstitutional practices. ” “. . . ultimate responsibility for good faith rests with the electorate. . . Absent political will, genuine, system change. . . cannot be achieved. . . ” “The Court is paying close attention to the public will and the extent to which the Huntsville community supports not only the letter by the spirit of the consent order. ” (p. 3)

Notable Quotes – Population Changes “ shifts in student populations have produced the most written feedback that the Court has received regarding the implementation of the consent order. ” (p. 14) “The Court cannot accommodate the request for a suspension of M-to-M transfers. . . ” (p. 16) Recognizing that the quick implementation of the Consent Order “has created some strain, ” the Court explained “slowing the pace of change to accommodate the majority would exacerbate the injustice that African-American residents of Huntsville have suffered for decades. ” (p. 19)

Notable Quotes – Academics and Discipline “a few schools in the district have successfully closed the achievement gap at some grade levels, and in some schools. . . , African-American students out-perform their Caucasian counterparts. ” (p. 24) “the old system of discipline in the district was constitutionally flawed. ” (p. 31) Implementing the new discipline system “is a difficult task, and the Court enthusiastically thanks teachers and administrators who have embraced the work. ” (p. 31).

Notable Quotes – Disciplining Students “Teachers have contacted the Court anonymously to report that they are discouraged from disciplining children at all. Parents echo these reports. ” (p. 32) “The consent decree does not prevent the district from meting out proper discipline to address [violence or threats]. The consent decree requires just and equitable discipline, not abdication of the district’s disciplinary role, and the consent decree promotes behavioral learning that equips students to make better decisions. ” (p. 33)

Court’s Conclusion “unity of purpose is essential to implementation of the consent order. ” (p. 38) “The obligation to do what is right for all of the students in the district rests with all of the citizens of the district. ” (p. 39) “for the good of all of the children, do what’s right. Put it on banners. Preach it in the pulpit. Say it to your neighbor. Set the example: do what’s right. If the district does that, the consent order will take care of itself. It’s 2017; for the good of all the children, it’s time to do what’s right. ” (p. 40)

November 15 th Court Report § These reports are required by the Consent Order. § They are thousands of pages long. § We file a cover notice to explain the issues facing HCS and to provide detail about the reports. • If you want more detail about a report, check out that report’s write-up in the notice.

Where To Find These? https: //www. huntsvillecityschools. org/about/ourdistrict/consent-order-implementation § To find the Court’s November 14 th Order: • Click “Consent Order Documents” link § To find the Third Consent Order Report: • Click “Third Consent Order Reports” link

Consent Order Update J. R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P. C. December 5, 2017 22