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

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

Bill for October 2017 Total Charges for Consent Order Legal Services: $43,532.10 Total Number of Professional Hours: 256.60

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.

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

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

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

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

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

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

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

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 14th 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 15th 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/our-district/consent-order-implementation To find the Court’s November 14th Order: Click “Consent Order Documents” link To find the Third Consent Order Report: Click “Third Consent Order Reports” link

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