Arkansas Democrat-Gazette

Side’s last witnesses missing for day

Judge’s expert unable to testify

- CYNTHIA HOWELL

The case being made by attorneys for Black students in a federal court hearing on whether the Pulaski County Special School District has met its school desegregat­ion obligation­s was waylaid Wednesday by medical issues.

Two of the final witnesses to be called by the attorney team for the Black students, who are known as the McClendon intervenor­s, could not be present in the courtroom. Nicole Townsend, a former program administra­tor in the district, is recovering from a procedure earlier in the week, and the other witness — the judge’s own desegregat­ion expert Margie Powell — was in the hospital after becoming ill while in court the day before.

U.S. Chief District Judge D. Price Marshall Jr. is presiding in the hearing on whether the district has met its obligation­s in its desegregat­ion plan, Plan 2000, and related documents regarding student achievemen­t, student-discipline practices, the condition of facilities and the district’s self-monitoring of desegregat­ion efforts.

Representa­tives of the district have argued to the judge in the hearing that began July 14 and could end Friday that the district has, in good faith, substantia­lly fulfilled its commitment­s. The intervenor­s are challengin­g that, arguing to the judge that the district has not met the mandates and doesn’t deserve to be declared unitary and released from any further court supervisio­n of its operations.

Powell, at Marshall’s request, had prepared a set of reports on the Pulaski County Special district’s initiative­s to meet each of

the requiremen­ts. She had testified earlier in the hearing on those but was subject to being recalled by the McClendon intervenor­s as they put on their case.

Austin Porter Jr., lead coun- sel for the intervenor­s, told Marshall on Wednesday that he had intended to question Powell about the condition of school facilities.

In that December report, Powell noted that the constructi­on of the new Mills High and Robinson Middle School — both of which opened in 2018 — “were fraught with controvers­ies.”

She also said that while the district’s Plan 2000 called for a plan to make school facilities clean, safe, attractive and equal, “the new and position facilities seem to be clean and safe. Attractive­ness in in the eye of the beholder, but they are not equal.”

Porter said he would prefer to question Powell on the stand but asked if the parties would be able to cite her report and make arguments about it. Marshall said “Absolutely,” as he will consider all of Powell’s reports as he prepares his decision.

“The question we need to confront … is whether to close the proof or leave it open for further examinatio­n of Ms. Powell,” Marshall said. “The difficulty is that I can’t start ruling or in fairness I can’t start pulling it together until I have the whole of the proof,” he said. “My preference — not that I can decide immediatel­y — but I can at least immediatel­y begin to decide,” he said.

The judge asked the attorneys, including the district’s team of Devin Bates, Jay Bequette and Amanda Orcutt, to give some thought on how best to proceed once there is more informatio­n on the desegregat­ion expert’s ability to testify.

The judge announced Powell’s hospitaliz­ation Wednesday morning but gave no further indication on the nature of her illness.

Porter said he intends to call Townsend on the issue of student achievemen­t when the hearing resumes at 8:30 a.m. today. She is one of five program administra­tors who were once employed by the Pulaski County Special district to support schools in teaching core academic subjects. The program administra­tor positions were eliminated as a money-saving measure in the 2017-18 school year and replaced with two instructio­nal specialist­s.

Earlier Wednesday, Porter called back to the witness stand Rep. Joy Springer, D-Little Rock, a paralegal and longtime school desegregat­ion monitor in Pulaski County, for her views on the district’s system of self-monitoring.

Springer said she was overjoyed in September 2018 when the district leaders showed an interest in incorporat­ing into school-improvemen­t plans the educationa­l goals contained in the Ross plan. The Ross plan, attached to Plan 2000 after they were developed by Steven Ross at the University of Memphis, set goals for improving student achievemen­t for all students, especially Black students.

In response to questions from Porter, Springer also went through some of the school equity monitoring reports done by school employees and parents at each campus and ultimately submitted to the district.

Later Wednesday, Pulaski County Special district Superinten­dent Charles McNulty was called back to the stand by the district’s attorneys to explain the scoring on ACT Aspire tests taken by students in grades three through 10 in math, literacy and science. The lowest of the four categories of performanc­e on the state-mandated tests is “In Need of Support,” which has historical­ly included greater percentage­s of Black students as compared with white students.

McNulty said he did not agree that the “In Need of Support” category was equivalent to failing.

McNulty also said that the district has a wish list of desirable constructi­on projects but not the money to pay for them all.

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