Little Rock School District v. North Little Rock School District

561 F.3d 746, 2009 U.S. App. LEXIS 7199, 2009 WL 860357
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 2, 2009
Docket07-1866
StatusPublished
Cited by2 cases

This text of 561 F.3d 746 (Little Rock School District v. North Little Rock School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Little Rock School District v. North Little Rock School District, 561 F.3d 746, 2009 U.S. App. LEXIS 7199, 2009 WL 860357 (8th Cir. 2009).

Opinions

WOLLMAN, Circuit Judge.

This case is once again before us, this time by way of an appeal by the intervenor plaintiffs (Joshua) from the district court’s1 order declaring the Little Rock School District (LRSD) unitary. Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 2007 WL 624054 (E.D.Ark.2007) (hereinafter referred to as LRSD III). We affirm.

I.

On September 13, 2002, the district court granted LRSD partial unitary status. Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist., 237 F.Supp.2d 988, 1077 (E.D.Ark.2002). That order required LRSD to assess and evaluate the key programs set forth in § 2.7 of the Revised Desegregation and Education Plan (Revised Plan) that the district court had approved in 1998.

On June 30, 2004, the district court entered an order denying LRSD’s request for a declaration of unitary status. Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 470 F.Supp.2d 963 (E.D.Ark.2004).

We affirmed that decision in Little Rock School District v. North Little Rock, School District, 451 F.3d 528 (8th Cir.2006). In recounting the lengthy history of this case, id. at 529, we questioned what we perceived to be the additional requirements that the district court had imposed in its 2002 Compliance Order, id. at 536, and what we characterized as the even more heightened requirements imposed by the district court in its 2004 order, the details of which we set forth at some length. Id. at 536-40.2 Despite our concerns, we concluded that the district court had not clearly erred in finding that LRSD had failed to demonstrate substantial compliance with the Revised Plan. Id. at 540. In the course of our opinion, we commented on how this litigation had been complicated by the shifting terminology employed by the parties and the district court, especially with respect to the terms “assessment” and “evaluation” as used in determining whether LRSD had satisfied the requirements of § 2.7.1 of the Revised Plan. Id. at 531. We concluded our analysis by saying that in light of LRSD’s representation that it was complying with the new compliance remedy,

[w]e are unwilling at this time to say that those heightened requirements surpass beyond all measure the requirements to which LRSD committed itself when it entered into the 1989 Settlement. Suffice it to say that there will be time enough for us to revisit the requirements of the 2004 order if this case should once again come before us.

Id. at 540.

Although concurring in our affirmance of the district court’s finding that LRSD had not substantially complied with § 2.7.1 of the Revised Plan as embodied in the [749]*7492002 Remedy, Judge Gruender dissented from our judgment because of his belief that the district court had abused its discretion in imposing the 2004 Remedy. Id. at 541 (Gruender, J., concurring in part and dissenting in part).

Specifically, Judge Gruender concluded that the district court had abused its discretion in substituting “a new set of rigorous evaluations not agreed to by the parties,” id. at 542, in ordering a new team for LRSD’s Program Review and Evaluation Department, and in introducing the requirement that LRSD’s “program assessment process must be deeply embedded as a permanent part of LRSD’s curriculum and instruction program.” Id. (quoting the district court’s 2004 order). Judge Gruender characterized the “deeply embedded” requirement as being “impossibly subjective” and as having been “created out of whole cloth.” Id. at 543. He would have supplanted that standard by requiring the district court on remand to analyze the evaluations called for by the 2004 Remedy under the standards set forth in the 2002 Remedy. Id.

II.

On remand from our 2006 decision, the district court conducted a three-day evi-dentiary status hearing in January 2007. LRSD called fifteen witnesses, who testified about LRSD’s substantial compliance with § 2.7.1 of the Revised Plan. Joshua called nineteen witnesses, who testified that LRSD needed to do more still in order to comply with its obligations. As noted by the district court, the parties introduced into evidence thousands of pages of exhibits.

Before reaching the merits of the question whether LRSD had substantially complied with the requirements of § 2.7.1, the district court explained at some length how it believed both the majority and the dissent in our 2006 decision had “erroneously construed § 2.7.1 as requiring LRSD to perform program only assessments — not evaluation — of the § 2.7 programs.” LRSD III, 2007 WL 624054, at *6, n. 38. The district court disagreed with our suggestion that this litigation had been complicated by what we characterized as the shifting terminology used by the parties and the district court with respect to “assessment,” “evaluation,” and other terms. Id. at *6.

In contrast to its disagreement with our characterization of what its earlier orders had required, the district court agreed with Judge Gruender’s conclusion that the requirement that LRSD deeply embed its program assessment process as a part of its curriculum and instruction program imposed a new contractual obligation that was not contained in § 2.7.1 of the Revised Plan, saying, “Upon mature reflection, I wholeheartedly agree with the dissent’s criticism of my decision to require LRSD to ‘deeply embed’ the program assessment process as a permanent part of its curriculum and instruction program.” Id. at *7. The district court then acknowledged that it should have adopted the “good faith” compliance standard imposed under § 2.1 rather than crafting a “deeply embedded” compliance standard out of whole cloth:

The language I should have used in section B, rather than the “deeply embedded” standard, is as follows: LRSD must act in good faith (as explicitly required by § 2.1 of the Revised Plan) to implement the program assessment process required by § 2.7.1 of the Revised Plan. In the Findings of Fact, I will use this “good faith” compliance standard to determine whether LRSD has substantially complied with section B of the 2004 Compliance Remedy, rather than the “deeply embedded” compliance stan[750]*750dard contained in the June 2004 Decision.

Id. at * 8 (footnote omitted).

The district court conducted a painstaking review of the evidence and testimony submitted at the January 2007 unitary status hearing and then entered detailed findings that LRSD had substantially complied with each of the requirements set forth in the 2004 Compliance Remedy and all of the obligations contained in the Revised Plan. Accordingly, the district court ordered that LRSD be declared completely unitary in all respects of its operations and released it from all further supervision and monitoring from the court, the Office of Desegregation Monitoring, and Joshua.

III.

A.

We conclude that there is no need for us to engage in a lengthy, detailed recounting of the evidence submitted at the January 2007 unitary status hearing.

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Kaler v. Kana (In re Kana)
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Little Rock School District v. Arkansas
664 F.3d 738 (Eighth Circuit, 2011)

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Bluebook (online)
561 F.3d 746, 2009 U.S. App. LEXIS 7199, 2009 WL 860357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-rock-school-district-v-north-little-rock-school-district-ca8-2009.