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Lanier Ford Shaver & Payne, P.C.
Consent Order Update J.R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P.C. September 28, 2017
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Purpose of the Presentation
Every month, we help HCS: Comply with the Consent Order Answer inquiries from the DOJ and the Court Work on development of Motions for Unitary Status In these presentations, we will: Discuss the Board’s most recent bill for the Consent Order. Discuss how much professional time is spent on different topics for that month. Give an update on the status of each Green factor.
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Bill for August 2017 Total Charges for Consent Order Legal Services: $72,690 Lanier Ford: $67,199.00 Hogan Lovells: $5,491.00 Total Number of Professional Hours: Lanier Ford: Hogan Lovells: 7.60
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Topics Court-related activities Desegregation Advisory Committee
Department of Justice interactions Equitable access to course offerings Extracurricular activities Facilities Faculty and Staff Assignment General compliance and support Magnet Programs Reporting Student Assignment Student Discipline Transportation
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Percent of Time Spent per Topic
Court-Related Activities 35% Department of Justice Interactions 31% Student Discipline % Desegregation Advisory Committee 6% Facilities % Other Compliance Transportation Student Assignment % All other topics ~2.5%
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Status of Particular Green Factors
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The Green Factors Student Assignment Extracurricular Activities
Faculty and Staff Assignment Transportation Facilities Other factors: Equitable Access to Course Offerings Student Discipline
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Status Categories Level 1: Level 2: Level 3:
For each of these factors, we are currently working with District staff and the Department of Justice to develop motions for unitary status. Level 2: The District’s work on the Consent Order is moving along, but there is no plan for a motion at this time. These have the opportunity to move to a Level 1 more quickly than Level 3s. Level 3: This group of Green factors still needs some time or has other issues, such as being tied to another Green factor.
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Level 1 Transportation Facilities
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Level 2 Extracurricular Activities Faculty and Staff Assignment
Student Assignment
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Level 3 Equitable Access to Course Offerings Student Discipline
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DOJ Visit & September 6th Hearing
Earlier this month the attorneys from the DOJ visited the District. Additionally, the Court held a status conference with the parties and the public. There appeared to be significant confusion about what actually happened during these two events.
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DOJ Visits These happen regularly. Process:
DOJ attorneys inform the Board’s attorneys that they’d like to visit. They provide us with a list of schools they want to visit, and a list of HCS employees they want to interview. Neither the District nor its attorneys have any say in it. This is usually accompanied by a request for information.
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DOJ Visits For this recent visit, the DOJ wanted to tour the newly constructed buildings. They invited the Judge and the attorney for the Proposed Private Plaintiffs to participate. They also asked to tour other schools, and to interview many central office personnel.
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Status Conference The attorneys for the Board and the DOJ participate in these, at a minimum, twice per year. Normally, these are done on the telephone and are about previously filed documents (such as the Board’s Annual Report) or pressing issues facing the District. This is the first time that the status conference was public.
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Status Conference The reason for making this most recent status conference public was to let the community see the process. The majority of information came from the previous year’s Court Reports. The remainder came from one of three places: Recent requests from the Department of Justice Recent requests from the Court Preliminary data for the Court Reports that are due in November
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Where to Find the Information?
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Where to Find the Information?
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Where to Find the Information?
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Where to Find the Information?
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Status Conference Recap
Did the Court rule on or otherwise hear arguments about unitary status? No. Does the Board still get to vote to approve a unitary status motion before the Court considers it? Yes. It was an update for the Court and the Public.
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Lanier Ford Shaver & Payne, P.C.
Consent Order Update J.R. Brooks Christopher M. Pape Shareholders Lanier Ford Shaver & Payne, P.C. July 28, 2017
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