1. 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

2. 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.

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

4. 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

5. 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

6. 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, s, and letters with DOJ and DAC

7. 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

8. 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 $
Unitary Status Preparation
28.1 $
Implementation 8 $
TOTAL
322
$55,101.20

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

10. 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

11. Status of Particular Green Factors

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

13. 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”

14. 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.

15. 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

16. 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?

17. 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

18. 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

19. 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 . . .”

20. 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

21. Upcoming Activities in the Case

22. Major Upcoming Events
Early May
Public Status Conference

23. 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