Lanier Ford Shaver & Payne, P.C. Consent Order Update J.R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P.C. April 5, 2018

Purpose of the Presentation To discuss details of recent bill for the Desegregation Matter To update the Board on communications with the DAC, the DOJ, and the Court. To give an update on the status of the case.

Bill through March 29th Total Charges for Consent Order Legal Services: $55,101.20 Total Number of Professional Hours: 322

What Kinds of Work Do We Do? For this report, we have categorized hours into the following categories: Reporting Compliance Implementation Communications Work on Unitary Status Motions DOJ Visit

Examples of Each Type Reporting Compliance Completing requests for information from the DAC and the DOJ Completing documents for the Court Compliance Answering questions from staff concerning particular issues Addressing questions that are not directly answered by the Consent Order but are affected by it

Examples of Each Type Implementation Communications Help personnel with implementing the Consent Order Work with Superintendent and Deputies to develop ways to implement the Consent Order in new or different ways. Communications Calls, emails, and letters with DOJ and DAC

Examples of Each Type Preparation of Unitary Status Motions DOJ Visit This includes writing motion and brief; preparing evidence in support of each; and meetings and calls with the Department of Justice to determine whether they can join the District’s motion. DOJ Visit Preparing staff members to meet with the DOJ team Leading the DOJ team through schools and meetings with District personnel

Cost for Each Category in March Type of Work Hours Spent Cost Visit from DOJ 125.8 $23,095.40 Reporting 75.3 $10,043.10 Compliance 52.2 $9,952.80 Communications 32.6 $6474.00 Unitary Status Preparation 28.1 $3964.20 Implementation 8 $1571.70 TOTAL 322 $55,101.20

March Communications Summary Carlos Gonzalez Discussed his visit with the DAC Discussed the attorneys helping the DAC Court Email communications with the Court about scheduling the May status conference and possible call with the Court

March Communications Summary Department of Justice Discussions about visit (logistics; topics; etc.) Discussions about DAC items Call with DOJ transportation expert Call with DOJ discipline expert Discussions about public status conference In-person meetings during visit Discussing implementation efforts Discussing annual Court report items

Status of Particular Green Factors

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

Unitary Status Alabama schools were segregated by law. This resulted in a dual system. Dual means one system for White students and one for Black students. A unitary school system is the opposite of a dual system. It is one in which all students are provided equitable opportunities on a non-discriminatory basis. It is one in which the system has “remov[ed] the vestiges of segregation to the extent practicable”

How to Prove Unitary Status Must show: That the District has “remov[ed] the vestiges of segregation to the extent practicable”; That the District has complied with all orders, including the Consent Order; That the District has acted in good faith in all aspects of its implementation; and That the District has operated a desegregated system for a period of years and will continue to operate a desegregated system after the Court ends its supervision.

Why That Last Bullet Is Important “With its implementation, the Duval County school system may be out of the courthouse, but it is not out of the reach of the Constitution, the Bill of Rights, and the laws of this land. The Board, and the people of Duval County who, in the end, govern their school system, must be aware that the door through which they leave the courthouse is not locked behind them. They will undoubtedly find that this is so if they fail to maintain the unitary system we conclude exists today.” -Eleventh Circuit Court

Transportation The Consent Order says: “The Parties agree that they will file a joint motion with the Court requesting that the Court declare the District unitary regarding transportation.” So what are the issues?

Transportation This language in the Order does not mean that the Court agrees that the District is unitary. Instead, it means that the parties will work together to seek unitary status. The parties still must show all of the evidence described earlier. This is the part that has been slow

Transportation Recent activities: Call with the DOJ team and their transportation experts Prototype map document prepared by Durham Working on completing additional route maps now

Facilities The Consent Order says: “The Parties agree that upon good-faith compliance with this section, including completion of the District’s Construction Plan, Renovation Plan, Playground Plan, and SMALLab Plan, and the commencement of work on the Morris Pre-K-8 site, as follows, the District will have met its desegregation obligations regarding facilities so that the District or the parties jointly may move the Court to declare the District unitary with respect to facilities . . .”

Facilities So what are we working on? Ensuring that all buildings were completed in good-faith (comparable) Finding evidence to show that all prior orders are satisfied Drafting motions, affidavits, briefs, etc. Meeting with the DOJ team to determine if they will move jointly and providing them information necessary to evaluate our implementation

Upcoming Activities in the Case

Major Upcoming Events Early May Public Status Conference

Lanier Ford Shaver & Payne, P.C. Consent Order Update J.R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P.C. April 5, 2018