By JOHN HOFHEIMER
Leader senior staff writer
The public comment period on a proposed settlement of the long-running Pulaski County school desegregation case will end just before Christmas.
Anyone who objects to the terms of the tentative settlement has until Dec. 23 to notify the court of those objections in writing and ask in writing to appear at the Jan. 13 fairness hearing before U.S. District Judge Price Marshall Jr.
The federal court will permit the state to wind down its financial obligations to the desegregation agreement and clear the way for Jacksonville-area residents to vote on having their own school district if Marshall signs off in January on an agreement he has tentatively approved.
He ordered creation of a widely distributed public notice of the court date to hear objections, written in plain language “so a middle school student can understand it.” On Wednesday, he approved that notice.
Unless the judge hears something to change his mind at the hearing, he could enter an order approving the settlement agreement that day or the following — when attorneys who brokered the agreement will make statements or address the objections.
The six parties to the agreement are Pulaski County Special, Little Rock and North Little Rock school districts, the Joshua and Knight Interveners and the state Education Department, represented by the attorney general’s office.
Among provisions of the agreement, the court would clear Jacksonville to pursue a stand-alone school district, majority-to-minority school transfers would be phased out, the magnet school program would be phased out and the state would discontinue its annual multi-million dollar funding of the three school districts after the 2017-18 school year.
The settlement calls for the state to continue desegregation payments for this school year and to pay for three more years, each at the rate of $37.3 million for Little Rock, $7.6 million for North Little Rock and $20.8 million for PCSSD.
The state will provide a fourth year at the same rate, but with the stipulation that the money be used to build or improve academic facilities.
Section E-1 of the agreement reads, “The state and the districts agree that the state may immediately authorize the creation of a Jacksonville/north Pulaski area school district consistent with state law.”
But the agreement also states that no other districts could be formed out of PCSSD until it is declared unitary, or desegregated.
The fairness hearing is scheduled to begin at 9:30 a.m. on Jan. 13 at the Richard Sheppard Arnold United States Courthouse, Court Room 1-A, 500 W. Capitol Ave. in Little Rock. “Class members may have the opportunity to present evidence and objections to the settlement at that time,” the notice reads.
Those class members who wish to object must submit their objections in writing by Dec. 23 to: James W. McCormack, Clerk of the Court, United States District Court, Eastern District of Arkansas, Richard Sheppard Arnold United States Courthouse, 600 W. Capitol Ave., Room A149, Little Rock, Ark. 72201, Attn: Desegregation Case — Proposed Settlement Agreement.
According to the notice, these are the key terms of the settlement:
The state will continue to make desegregation payments to the districts for four more years and no longer.
The M-to-M program will not accept new applications this year, and applications for students living in NLRSD or PCSSD to transfer to the six stipulation Magnet schools in LRSD will no longer be accepted;
Students currently enrolled in the M-to-M program can continue in this program as long as their parent or guardian chooses (including through high school graduation).
Students living in NLRSD or PCSSD now en-rolled in one of the six stipulation Magnet schools in the LRSD can continue in their school as long as their parent or guardian chooses (including through the highest grade in the school).
After three years, the districts will not be required to provide free transportation to M-to-M or stipulation magnet students who cross district lines, but the districts may do so if they choose to, and
All of the state’s obligations in this case end once the last payment is made to the districts under the proposed settlement agreement.
The six stipulation magnet schools will continue to exist. The proposed settlement agreement changes the rules for who can enroll in these schools and the availability of transportation.
The PCSSD will remain under court supervision for a time and continue to pursue unitary status. The possible creation of a Jacksonville/North Pulaski area school district consistent with state law is authorized.
The state will oppose the creation of any other school district from PCSSD’s territory until PCSSD is declared fully unitary and released from court supervision.
Members of the Joshua Class who have questions concerning the claims asserted in this litigation, the proposed settlement agreement, or the fairness hearing, should direct their questions in writing to counsel for the Joshua Intervenors: John W. Walker, 1723 Broadway, Little Rock, Ark. 72206-1220, johnwalkeratty@aol.com
Members of the Knight Interveners who have questions concerning the claims asserted in this litigation, the proposed settlement agreement, or the fairness hearing, should direct their questions in writing to counsel for the Knight Interveners: Mark Burnette or Clayton Blackstock, Mitchell Black-stock Law Firm, 1010 W. Third Street, Little Rock, Ark. 72201, mburnette@mitchellblackstock.com or cblackstock@mitchellblackstock.com
Please do not call or write the court, or the clerk of the court, for information or advice, the notice concluded.
The exact language of the settlement can be viewed online at https://static.ark.org/eeuploads/ag/DE_4937-1_Exhibit_1_Settlement_Agreement1.pdf
