Arkansas Blog: LR school crisis

Today the Little Rock School Board meets.

Buckets of gasoline are being prepared to toss on the smoldering school district.

1) Civil rights lawyer John Walker has written a letter to the district's legal counsel, Chris Heller, saying he will ask the School Board tonight to approve settlements or mediation of several pending cases against the district, including employment disputes and his idea to "settle" his appeal of the federal district court ruling in the long-running desegregation case. The cases include former Sen. Bill Walker's lawsuit against Central High principal Nancy Rousseau over alleged discrimination against his daughter in cheerleader selection. John Walker indicates the board majority favors settlement of all pending litigation.

Walker lost the final issue in the deseg case at the district level. Absent a demonstration that he might prevail at the court of appeals level, a settlement seems premature, at best. Most of what he asks -- particularly to assure evaluation of how programs are working in closing the achievement gap between black and what students -- should be the duty of the school district and done voluntarily. It would not require a continuing relationship with Walker as monitor. The School Board should monitor itself, along with the continuing monitoring by the Office of Desegregation Monitoring.

Acting tonight on the other cases would also seem hasty, without some time for public consideration and input. What the Friday Firm says about the wisdom of settling also seems worthy of taking into account.

I'm particularly skeptical about Walker's notion to mediate the lawsuits privately, with a committee of four members of the School Board. The state law simply doesn't provide for the board to meet privately with plaintiffs' counsel in lawsuits.

The new board majority's independence and thoughtfulness will be tested before TV cameras tonight. I hope it moves carefully. Instant ratification of all that Walker asks -- not heretofore known to the public -- will be a clear enough signal of who's running the school district.

2) And then there's a matter not yet public. I know the prevailing view in certain quarters of the white business community is that Superintendent Roy Brooks has been a management wizard. But you'll see from these documents that the district, despite one extension, has not been able to complete the statutorily required audit for the school year ending last June 30. It will receive no further extensions from the state Education Department. A year is enough time. This failure could, in theory at least, lead to a declaration that the district is in fiscal distress and in need of state supervision. Nobody wants this. (Well, maybe some would like it as a means of taking control of the district out of the hands of the School Board.) There are some behind-the-scenes effort to cobble together an audit before the time runs out Monday.

It's outrageous that the Brooks administration is trying to blame the failure to do minimal bookeeping on his employment difficulties. And he has the gall to talk about Board president Katherine Mitchell's supposed law-breaking two years ago in receiving a small sum of state money under a contract he approved. Adios, Roy. Don't let the doorknob hit you.

3) Oh and there's the matter of an interim superintendent to serve after Brooks' departure, no later than the end of August. There's growing sentiment that he should be invited to stay home for the balance of his time. His presence is a continuing irritant and non-productive. But is the deal done on this issue already? The names of several familiar female educators are going around as potential choices. Again, this is a late addition to the board agenda.

It will be a long meeting. And not likely pleasant. We could hope otherwise.

Comments

I believe that settling a desegregation case as to an issue on which it has prevailed would be a bad, bad decision by the School Board.

If a majority is inclined to settle, those members should consider that, as Mr. Heller suggests, they can do voluntarily anything a settlement would require.

They should also consider what Judge Wilson has mentioned several times -- the obligations taken on by virtue of a settlement agreement may be more onerous that what the Constitution requires.

What, then, is to be gained in exchange for giving up the right to make voluntary choices for the good of all students in exchange for a court-enforced obligation to do the same things?

As much as I admire many of the things Mr. Walker has accomplished for the district's children, I can't support a settlement based on the facts I know.

Posted by: TAP | June 28, 2007 11:47 AM

I agree with TAP completely. In addition, as the AG noted in his letter yesterday, snatching defeat from the jaws of victory by settling the case at this juncture would almost surely run LRSD afoul of the state and result in yet more litigation, this time tangential to the issues of school desegregation. Walker's settlement proposal is just a bad idea.

Posted by: Gaddis | June 28, 2007 12:51 PM

I can't see how anyone can support these crooks in the name of public education. Talk about giving an important cause a bad name. They are taking civil rights law backwards for their own benfit. It is shameful.

Posted by: Fletch | June 28, 2007 01:18 PM

How does Walker know he has a majority vote to settle all pending litigation? Has there been a LRSB meeting that we all missed? When were those issues discussed? And one more process note/question. Doesn't law require that an RFP be issued before hiring a private firm that will provide services in excess of $5,000? Why then will the board discuss hiring a private auditing firm on a sole source basis? The LRSB needs to take a deep breath, get their wits about them, follow policies and procedures and make informed votes.

Posted by: mouthinfreely | June 28, 2007 01:26 PM

[The LRSB needs to take a deep breath, get their wits about them, follow policies and procedures and make informed votes.]

mouthinfreely,
As Dr. Mitchell has said, they haven't followed policies for eighteen years that she has been on the school board. While I completely agree with you, I don't think we'll see a turn around now.
Afterall, she's saying that it's the district's fault that she is in trouble with the alleged conflicts of finances from the district for teaching the summer/weekend programs at Philander Smith. I keep thinking at some point, someone will accept SOME personal responsibility. However, in reality, I know this won't happen either!

Posted by: mykidzmom | June 28, 2007 01:50 PM

The members of the board could go a long way toward healing and restoring confidence in them all across this community if they unanimously declined to settle the case in which Judge Wilson has rendered a decision that would be very, very hard to overturn on appeal.

Even considering the savings on the District's attorney's fees on appeal, the deal would be a bad one if it sent a message to potential plaintiffs that the District would rather pay than fight on matters it should win.

Posted by: TAP | June 28, 2007 04:24 PM

There's just one other thing: Although I'll be very, very disappointed if the Board votes to settle the deseg case, I plan to respect the will of a majority of a duly constitued Board.

Such a decision might (or o might not) affect how I vote next time I have a chance, or who I support in other zones, but I won't be filing any lawsuits to thwart the will of the majority. Nor will I exact a high price of the public-servant members who disagree with me by digging in public records for evidence of their misdeeds. But that's just me.

ARK. BLOG: Hey, here's an idea. Want to run for school board?

Posted by: TAP | June 28, 2007 04:48 PM

ARK. BLOG: Hey, here's an idea. Want to run for school board?
----
I'm flattered Max, but I'll bet you are one of only a handful who would even consider me. "Middle of the road-ers" don't make many friends on either side. Besides, I have high regard for Mr. Kurrus, who represents our zone. I think he does a much better job than I could. I think that even though I have tended to disagree with him quite a bit lately.

Posted by: TAP | June 28, 2007 05:40 PM

Well, according to the clairvoyant John Walker the majority has already decided to vote to settle the deseg case and to settle all other pending litigation he has against the LRSD. Guess those who weren't consulted by lawyer Walker don't need to attend tonight since it is already a done deal. TAP - I hope I am wrong but I think you're going to be disappointed tonight. I too will be disappointed and I will join you in not filing lawsuits or digging up dirt on individual board members. I will respect the majority decision but I don't have to agree with it or like it. I expect a vocal minority to raise hell about the Walker settlement and other votes that seem to be out of step with community interests. Pat LRSB on the back when the do good, scream long and loud when they make bad decisions. And make sure you vote in the next election. That's democracy.

Posted by: mouthinfreely | June 28, 2007 05:48 PM

With the exception of Dara Booth (I think), it seems as if all the employees who have instigated litigation against the district are African-American. Does anyone know whether this is the case? Most of the names Chris Heller mentioned last night are those of former or current black employees of the district.

Posted by: honestone | June 29, 2007 08:32 AM

No, not all the employment suits against the district are by African-Americans. Before some of you start jumping to conclusions about why people may be suing the district, or assume these suits are frivolous, remember that these are the people who "have not followed district policy for 17 years." Midnight kangaroo courts, coercing and threatening children to lie on school employees who won't play dirty games, falsely accusing people of crimes without evidence or filing charges, violating due process, etc. is just par for course. Why does the board want to settle these cases? Are they afraid of ugly truths coming out about them and other LRSD officals in a public trial? Look deeper down the rabbit hole and you will find even uglier truths. Do your research and ask yourself this when you go deeper.......if they will do this to adults...WHAT do they do to kids??????????

Posted by: Justice | July 6, 2007 08:59 PM

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LR school crisis

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