Capaccione v. Charlotte-Mecklenburg Board of Education Swann Plaintiffs' Motion for Stay

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October 29, 1999

Capaccione v. Charlotte-Mecklenburg Board of Education Swann Plaintiffs' Motion for Stay preview

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  • Brief Collection, LDF Court Filings. Capaccione v. Charlotte-Mecklenburg Board of Education Swann Plaintiffs' Motion for Stay, 1999. 48387b90-c69a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/693bacb8-fa38-4c23-83fa-9248022b44ca/capaccione-v-charlotte-mecklenburg-board-of-education-swann-plaintiffs-motion-for-stay. Accessed August 27, 2025.

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    FILED,
IN THE UNITED STATES DISTRICT COURT C

FOR THE WESTERN DISTRICT OF NORTH-CAROLLNA - o
CHARLOTTE DIVISION

U 5. DISTRICT COURT
__________________________ W. 01 ST. OF H.C.

WILLIAM CAPACCHIONE, as Guardian for 
CRISTINA CAPACCHIONE, a Minor,

Plaintiff,

and

MICHAEL P. GRANT, et al.,

Plaintiff-Intervenors,

v.

) Civil Action No. 3:97-CV-482-P
)
)
)
)
)
)

THE CHARLOTTE-MECKLENBURG BOARD )
OF EDUCATION, et al., )

)
Defendants. )

__________________________________________________ )

JAMES E. SWANN, et al.,

Plaintiffs,

v. ) Civil Action No. 1974
)

THE CHARLOTTE-MECKLENBURG BOARD )
OF EDUCATION, et al., )

)
Defendants. )

__________________________________________________ )

SWANN  PLAINTIFFS’ MOTION FOR STAY

Now come the Swann Plaintiffs, through counsel, and pursuant to Rule 62(c) of the 

F.R.C.P. and move the Court for a complete stay of its September 9, 1999 order in this matter for

the reasons set out in the attached memorandum.



Respectfully submitted this 29th day of October, 1999.

ELAINE R. JONES 
Director-Counsel 
NORMAN J. CHACHKIN 
GLORIA J. BROWNE 
NAACP Legal Defense &

JAMES E. F E R G U S Q tfX  N.C.Bar#: 1434 
ADAM STEIN, N.C.Bhr#: 4145 
S. LUKE LARGESS, N.C. Bar# 17486 
Ferguson, Stein, Wallas, Adkins, Gresham

Educational Fund, Inc.
99 Hudson Street, 16th Floor

& Sumter, P.A.
741 Kenilworth Avenue, Suite 300

New York, New York 10013 Charlotte, NC 28204
(212)219-1900 (704) 375-8461



CERTIFICATE OF SERVICE

I certify that I have served the foregoing SW ANN  PLAINTIFFS’ MOTION

FOR STAY on opposing counsel by placing a copy thereof enclosed in a postage prepaid

properly addressed wrapper in a post office or official depository under the exclusive care and

custody of the United States Postal Service, addressed to:

John O. Pollard, Esq.
Kevin V. Parsons, Esq.
McGuire, Woods, Battle & Boothe, L.L.P.
101 South Tryon Street 
3700 NationsBank Plaza 
Charlotte, N. C. 28280-0001

William S. Helfand, Esq.
Magenheim, Bateman, Robinson,

Wrotenbery & Helfand, P.L.L.C.
3600 One Houston Center 
1221 McKinney 
Houston, TX 77010

Leslie J. Winner, Esq.
Charlotte-Mecklenburg Board o f Education 
P. O. Box 30035 
Charlotte, N. C. 28230-0035

James G. Middlebrooks, Esq.
Irving M. Brenner, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. O. Box 31247 
201 North Tryon Street 
Charlotte, N. C. 28231

Allen R. Snyder, Esq.
Maree Sneed, Esq.
Kevin J. Lanigan, Esq.
David Newmann, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth Street, N. W.
Washington, D. C. 20004-1109



John W. Borkowski, Esq.
Hogan & Hartson, L.L.P.
546 Carondelet Street, Suite 207 
New Orleans, LA 70130-3588

David Newmann, Esq.
Hogan & Hartson, L.L.P.
1515 Market St., Suite 1630 
Philadelphia, PA 19102

Thomas J. Ashcraft 
212 South Tryon Street 
Suite 1430
Charlotte, N. C. 28281

K. Lee Adams, Esq.
Kirwan, Parks, Chesin & Miller, P.C. 
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309

This, the 29th day o f October, 1999.

S.
N.C. Bar Number 17486 
Ferguson, Stein, Wallas, Adkins 

Gresham, & Sumter, P.A.
Suite 300 Park Plaza Building 
741 Kenilworth Avenue (28204) 
Post Office Box 36486 
Charlotte, N. C. 28236-6486 
(704) 375-8461



HI rLED
IN THE UNITED STATES DISTRICT COURT CHARLOTTE. N.C.

FOR THE WESTERN DISTRICT OF NORTH CAROLINA p 5. ( - 
CHARLOTTE DIVISION

u..c, f KICT COURTW. Uib |. Q f  ft q

WILLIAM CAPACCHIONE, as Guardian for 
CRISTINA CAPACCHIONE, a Minor,

Plaintiff,

and

MICHAEL P. GRANT, et al.,

Plaintiff-Intervenors,

v.

)
)
)
)
)
)
)
) Civil Action No. 3:97-CV-482-P
)
)
)
)

)
THE CHARLOTTE-MECKLENBURG BOARD )
OF EDUCATION, et al.,

Defendants.

)

JAMES E. SWANN, et al.,

Plaintiffs,

v.
)
) Civil Action No. 1974 
)

THE CHARLOTTE-MECKLENBURG BOARD ) 
OF EDUCATION, et al., )

)
Defendants.

MEMORANDUM IN SUPPORT OF
SWANN PLAINTIFF’S MOTION FOR STAY AND IN RESPONSE TO BOARD’S

MOTION FOR STAY

Now come the Swann plaintiffs, through counsel, and file this memorandum in 

support o f their own Motion to stay all aspects o f the Court’s September 9, 1999 order



pending the appeal in this case. This memorandum also responds to the Board’s separate 

motion for a partial stay.

In its orders related to the Board’s motion for a partial stay, the Court appears to 

have misapprehended that the Swann plaintiffs joined in that motion. They did not. It is 

the Swann plaintiffs position that the Board’s motion for a stay is not sufficient enough 

and that only a full stay will suffice to protect the interests o f all o f the parties -  to . 

balance the equities — while this matter is on appeal. A weighing o f the factors involved 

in considering a stay shows that the Judgment must be stayed fully pending appellate 

resolution.

A federal court balances four factors in considering a motion for a stay. The court

weighs:

1. The likelihood of success for the movant on appeal;

2. The risk o f irreparable injury to the movant if the stay is denied;

3. The risk of harm to other interested parties if  the stay is allowed; and

4. Whether the public interest will be served by granting the stay.

See, Long v. Robinson, 432 F.2d. 977 (4th Cir. 1970)(citing, Virginia Petroleum Jobbers 

Association v. Federal Power Commission, 104 U.S.App.D.C. 106, 259 F.2d 921 (1958), 

and Permian Basin Area Rate Cases, 390 U.S. 747, 773, 88 S.Ct. 1344, 20 L.Ed.2d 312 

(1968). The jurisprudence regarding Rule 62(c) emphasizes that no single one of the four 

factors is dispositive. The Court does not weigh this motion in the same way that it 

determined the underlying issues in the case. Instead, the Court must balance all of the 

equities in considering a motion for a stay. Most importantly, the Court need not 

reconsider or second-guess its own opinion of the merits of the case in deciding to grant a

2



stay; and the movant need not persuade the Court that it is certain it will succeed on the 

merits. Instead, the motion turns on whether there are substantial contested issues on 

appeal and whether the balance o f harms favors a stay.

In Long, the court noted that the Fifth Circuit employed the same approach to stay 

motions as that used in this circuit. Id., 432 F.2d at 977. Under that approach today, a 

party need not show a certain probability of success on appeal but must only present a 

substantial case on the merits when a serious legal question is involved; and show that the 

balance o f equities weighs heavily in favor o f the granting the stay. Ruiz v. Estelle, 650 

F.2d. 555, 565 (5th Cir. 1981); see also, Wildman v. Berwick Universal Pictures, 983 F.2d 

21 (5th Cir. 1992); N at’l Treasury Employees Union v. Von Raab, 808 F.2d. 1057, 1059 

(5th Cir. 1987); US. v. Baylor Univ., 711 F.2d 38, 39 (5th Cir. 1983).

The Court of Appeals for the D.C. Circuit describes the test in a similar manner:

[I]f the other elements are present (i.e. the balance o f hardships tips decisively 
toward plaintiff), it will ordinarily be enough that the plaintiff has raised questions 
going to the merits so serious, substantial, difficult and doubtful, as to make them 
fair ground for litigation and thus more deliberative investigation.

WMATCv. Holiday Tours, 559 F.2d 841, 843 (D.C.Cir. 1973). See also, Cuomo v. U.S.

Nuclear Regulatory Comm 'n, 772 F2d. 972, 975 (D.C. Cir. 1985)(need to show

probability o f success “inversely proportional to degree o f irreparable injury evidenced.”)

The First Circuit lessens the burdens even further in fashioning the issue this way:

where the denial of a stay will utterly destroy the status quo, irreparably harm appellants,

and granting a stay will cause relatively slight harm to the other parties, appellants need

not show, and the Court need not find, an absolute probability of success on the merits in

3



order to grant the stay. Providence Journal Co. v. Federal Bureau o f Investigation, 595 

F.2d 889 (1st Cir. 1979).

The Plaintiff-Intervenors may cite cases about the importance o f preserving 

constitutional rights, and will emphasize that this Court should protect their rights while 

this case is on appeal. However, there are two separate injunctions at issue on appeal that 

present opposing constitutional concerns. While the Court is imposing one injunction 

regarding the rights of the six intervenors,1 it also has dissolved another -  the Swann 

desegregation decrees. The dissolution of that injunction dramatically impacts the 

constitutional rights of African American students. Thus, there are competing 

constitutional claims to weigh in the motion for the stay.

In the context o f a motion to stay a unitary status declaration, the only reported 

decision to address the issue has described the point of balancing the equities to be “to 

preserve the status quo until the court o f appeals can determine the validity o f the district 

court’s dissolution of the injunction.” Jenkins v. Missouri, 965 F.Supp. 1295 (W.D.Mo. 

1997). In Jenkins, the court denied the motion where the state had agreed to pay $341 

million over three years to maintain programs in the district. It found the status quo 

would not be changed before the case was decided on appeal.

In contrast, as described below, the time frame in which this Court’s current order 

will take practical effect will dramatically alter the status quo and have an 

overwhelmingly disproportionate impact on the African-American students in the district 

while this case is on appeal.

1 Capacchione has no standing on the injunctive relief.

4



In balancing the equities, the Supreme Court has granted stays in school 

desegregation cases where (a) a case presented an issue not previously resolved 

by the Supreme Court, Corpus Christi Independent School District v. Cisneros, 404 U.S. 

1211, 92 S.Ct. 9, 30 L.Ed. 15 (1971, Justice Black); (b) the disruption to the school 

district from the court order was substantial, despite the fact that the non-movant’s 

constitutional rights were impacted by the stay, Columbus Bd. o f Educ. v. Pinnick, 439 

U.S. 1348, 58 L.Ed.2d 55, 99 S.Ct. 24 (1978)(Justice Rehnquist); and, (c) an “even 

greater inconvenience might result if the plan were to go into effect forthwith and later be 

modified or set aside” on appeal. Metropolitan County Bd. o f Educ. v. Kelley, 4353 U.S. 

1306, 1307, 69 L.Ed.2d 1012, 102 S.Ct. 3 (1981)(Justice Stevens). Applying these 

principles to this case the balance o f the equities supports the issuance o f a stay.

In support of their motion, the Swann plaintiffs address each o f the factors the 

court must weigh, beginning with a discussion the balance of harms to the parties, then of 

the effect of a stay on the public interest, and, finally, a discussion o f the substantial legal 

issues raised on appeal and the likelihood of the Swann plaintiffs succeeding on appeal.

If the Court balances the absence of any practical harm to the six intervenors by a stay 

against the enormous disruption to the education of tens of thousands of African 

American and other students absent a stay; if it takes into account the public interest in 

avoiding a disruptive scramble to massively reassign students in the system and cause an 

immediate and geometric increase in racially identifiable schools; and if it recognizes the 

substantial legal issues are presented on appeal, it will find the need for a stay is 

compelling.

1. Risk of Irreparable Injury to Black Students if a Stay is Denied.

5



The Board’s filing on the stay notes, but does not begin to develop, the widely 

disproportionate impact on black students of the present rush by the Board to meet the 

Court’s order. Combining the Superintendent’s affidavit with some o f the evidence from 

trial on the population o f satellite areas, it appears that the overwhelming majority of 

students to be reassigned as a consequence of the Court order are black, perhaps as many 

as 80%. On top o f that disproportionate removal of blacks from their presently assigned 

schools, the Board does not presently have seats for all o f these students in proximity 

based schools. That is the case whether the magnet programs remain in present locations 

or not. The location o f magnets affect the scale of the problem, but it cannot eliminate it.

The seats that will be available are found in schools in need o f substantial repairs 

and renovations, a problem that has been masked or compensated for by the infusion of 

magnet program funds at those schools. The non-magnet schools in the center city 

however, are lacking in supplies and materials when compared to other schools in the 

district. The reaction in the community since the Court entered it order, from persons of 

all political points of view, is that the center city schools are not presently equitable. 

According to the school district’s motion for a stay, and consistent with all the evidence 

from trial, most o f these students are to be assigned to schools that will be 

overwhelmingly black and poor. Evidence at the trial showed how much such 

demographics at a school impacts the level of basic instructional supplies that are 

provided at each school through the private efforts of parents at that school.

The County Commission has rejected the Board’s proposal to build temporary 

schools while the Board repairs these schools, raising serious questions about where these 

students will go to school while renovations occur. Presently, no principals or teachers

6



have been assigned to these anticipated schools. The logistical challenges imposed by the 

Court’s order are enormous. The direct educational result is the concentration o f the 

poorest and most challenged students, most of whom are black, in certain schools that 

lack resources. Such cannot be the ultimate result of a court order closing a school 

desegregation case in which the school system was found to have engaged and ordered to 

end in unlawful discrimination.

Most importantly, the Court’s Order does not allow the school district sufficient 

time to make an orderly transition to a post-unitary status student assignment plan that 

could avoid or minimize resegregation of the schools. The Eighth Circuit, in pondering 

the impact o f a unitary status declaration upon the St. Louis schools, directed the parties 

involved in that case to recognize “the mandate o f the Supreme Court, particularly in 

Dowell that resegregation should not result from a declaration o f unitary status. Liddell v. 

Bd. o f Educ. o f City o f St. Louis, 126 F.3d 1049 (1997)(emphasis added). Yet this school 

system is moving swiftly to a position where resegregation is the necessary and only 

possible result of this Court’s order. A stay to avoid that result while the Order is on 

appeal would avoid a major change in the status quo that impacts most severely on 

African American students.

In contrast to the cataclysmic disruption in the educational lives of African 

American students, especially those from poorer families, the majority o f white students 

in the system will remain settled in the schools where they presently are assigned and in 

settings generally far superior to those found in the center-city. The only significant 

exceptions are those white students attending magnet schools, whose fate remains

7



uncertain, and whose interest in a stay for purposes o f stability is consonant with that of 

the black students.

2. Risk of Harm to the Grant-lntervenors if a Stay is Granted.

There is little risk o f actual harm to the six intervenors from a stay. Indeed, the 

Court has found that these persons were not harmed in any actual or compensable way by 

the present student assignment plan. Thus, it is res judicata that they will not be harmed 

in any substantial way by a stay. If  the court is concerned about harming the roughly 

dozen children o f the Intervenors, then the court may fashion its stay in such a way to 

allow whatever assignment would suit the Intervenors. This would negate any harm to 

them while the case is on appeal.

3. Public Interest in a Stay.

The Board points out the substantial public interest in developing a student 

assignment plan in an organized fashion that allows for public input. As this court has 

emphasized, local control of the schools is a vital national tradition. But it is the Court’s 

order that is causing the Board to scramble to devise a wholly new student assignment 

plan by January 2000, rather than afford a time for a transition to a new student 

assignment plan. The decisions need to be made quickly to accomplish the logistical 

tasks such a massive change requires for the next school year. That pressure is 

unnecessary and inappropriate under school desegregation case law. In Freeman v. Pitts, 

the Supreme Court held, “[a] transition phase in which control is relinquished in a

8



gradual way is an appropriate means” to move to unitary status. 503 U.S. 467, 490, 112

S.Ct. 1430, 1445.

The Swann plaintiffs would restate, for the Court’s consideration o f what serves 

the public interest, the fact that a large portion of the community is very concerned about 

the resegregation of the schools. Some 43% of the students in the district are African 

American, and they are not alone in their concern about the Order forcing the 

resegregation of the schools. That concern is a significant public interest that a stay will 

support. The issue o f resegregation should be addressed and resolved on appeal before it 

is forced upon the schools by the Court.

The public also has a strong interest in the stability of pupil assignment and 

avoiding wholesale change and then having to make wholesale changes again if the 

court’s order is overturned on appeal. A stay would support that interest.

4. Likelihood That The Decision Will Be Overturned On Appeal.

The balance o f the harms and the public interest in a orderly process for 

determining student assignment and limiting resegregation are reason enough for the 

Court to grant a stay. When those factors are considered in light of the substantial legal 

issues presented on appeal, and the likelihood of success on the merits on appeal on some 

or all o f those issues, the need for a stay becomes compelling. The Swann plaintiff see at 

least three separate appeal issues that present substantial contested issues where the Court 

could be reversed.

9



a. The Injunction

The Board points out correctly that the recent Fourth Circuit decision in Tuttle v. 

Arlington County Schools, 189 F.3rd 431 (4th Cir. 1999), makes almost certain that this 

Court’s injunction will be overturned on appeal. There are several reasons.

First, the injunction is unauthorized.

The injunction prohibiting the use of race in operating the schools in the future 

reaches far beyond the two issues before the Court at trial - whether the district had 

attained unitary status, and whether the magnet schools were operated constitutionally 

while the district was under a desegregation order. The injunction addresses the issue of 

how the district might assign students after a unitary status declaration. That question 

simply was not a case or controversy at the trial. The issue o f post-unitary operations 

was never briefed nor argued by the parties. The Board has never adopted, let alone 

presented to the Court, a plan on student assignment after unitary status was declared. 

Thus, there is a substantial chance that the Court of Appeals will overturn the injunction 

and find that the Court reached beyond its constitutional authority in entering an advisory 

opinion about a matter not before it. See, Tuttle, 189 F.3rd at 437 (discussing absence o f 

distinct challenge to court's authority to issue stay).

Second, the injunction is unprecedented in the jurisprudence on unitary status 

declarations. The injunction inverts the principles of Freeman -  that court jurisdiction 

ends on such a declaration except to allow for a gradual transition. 503 U.S. at 490. The 

Court, in effect, has imposed permanent court jurisdiction through the injunction, while 

ignoring the need for a gradual transition to a new method o f assigning schools. Tuttle

10



held that an injunction less onerous than this was “too intrusive.” 189 F.3d at 431. In 

the Board’s response to the Order -  that it must move to neighborhood school 

assignments — the Court effectively has set educational policy for the school system in a 

far broader manner than the Fourth Circuit forbade in Tuttle.

Third, Tuttle undercuts the legal theory that serves as the Court’s basis for the 

injunction — that diversity can never be a compelling interest in a post unitary school 

system. Tuttle makes clear that this Court’s opinion o f diversity in the public schools is 

not the established law o f this Circuit or of the Supreme Court. 189 F.3rd at 438. The 

Supreme Court has never overturned Bakke, a higher education case, and has never 

repudiated its language from Swann:

School authorities are traditional charged with broad power to formulate and 
implement education policy and might well conclude, for example, that in order to 
prepare students to live in a pluralistic society each school should have a 
prescribed ratio o f Negro to white students reflecting the proportion of the district 
as a whole. To do this as an education policy is within the broad discretionary 
powers o f school authorities.

402 U.S. 1, 16.

Further, this Court’s opinion about the use of race in education fails to recognize 

the holding from Shaw v. Hunt and Miller v. Johnson that race may be taken into account 

in the drawing o f voting districts, so long as it is not the predominant factor in drawing 

those districts. Shaw, 517 U.S. 899, 905 (1996); Miller, 515 U.S. 900, 916 (1995). Shaw 

and Miller, if  applied in the public school context, suggest that a school system that seeks 

to promote diversity for its educational value, should be able to continue to take race into 

account in operating the schools, even after a unitary status declaration, so long as race is 

not the predominant factor in school decision-making.

11



In short, the injunction presents substantial questions of law and appears very

likely to be overturned on appeal.

b. Unitary Status

The Court need not look far to see that the Swann plaintiffs present substantial 

issues on appeal of the unitary status declaration. The district court in Hillsborough 

County, FI., in what Intervenors’ expert witness William Clark called the closest case 

demographically to CMS, denied that district unitary status. Manning v. Hillsborough 

County Bd. ofEduc., 24 F.Supp.2d 1277 (M.D. Fla. 1998). That a court could reach the 

opposite conclusion of this Court in assessing a school system with very similar 

demographics to those at issue here, indicates that the Swann plaintiffs position on 

appeal is substantial, even if the Court does not believe that these plaintiffs can prevail on 

that issue.

Even without Manning, the Court’s finding of unitary status raises substantial 

factual and legal questions. One question is whether the Board complied with the 

existing orders of the Court. In 1974 and again inl979, the district court held that the 

school district had not implemented its orders in four significant ways. The district 

acknowledged at trial its own failure to comply with those orders since 1979. The 

manner in which this court’s Order dealt with that aspect of the unitary status analysis 

presents a substantial issue on appeal.

There are several other hotly contested issues on appeal which can affect the 

ultimate outcome, including: 1) the Court’s refusal to consider evidence of any other

12



plans which offered practicable ways to achieve greater desegregation; 2) the Court’s 

refusal to consider or comment on the 1998-99 data showing that some 40 o f the districts 

schools had racially identifiable faculty; 3) the court’s conclusion that the law of case 

compelled a finding of unitary status concerning facilities and resources; and 4) the 

Court’s conclusion that the district has no responsibility for the continuing black-white 

gap in student achievement. These all present substantial issues on appeal.

c. The Magnet Program

Finally, the appeal presents a substantial legal issue regarding the Court’s opinion 

that the magnet school program was operated unconstitutionally. The Board properly 

raises the question, under Fourth Circuit precedent, that because the magnet program was 

operated while under a desegregation order, that the Court should have analyzed the 

program to determine if it was “reasonably related” to meeting the court order. Vaughn 

v. Board o f Education o f Prince Georges County, 758 F.2d 983, 993 (4th Cir. 1985). 

Instead, the Court applied strict scrutiny to the operation of the program.

The legal question of what standard o f review to apply in the operation o f the 

magnet program presents a substantial legal issue on appeal. The Swann plaintiffs add 

that under either standard o f review, the Court failed to consider fully the negative impact 

o f the magnet program on African American students. In 1992, when the magnet 

program was expanded from the handful of magnet schools operated since 1974, 20% of 

the district’s black students were in segregated schools. By 1997, 30% of African 

American students were in segregated schools or programs. Yet the court found their 

effect salutary. The Court notes that the magnet schools had a segregative effect on non­

magnets, but does not detail the evidence showing, for example, that 450 white students

13



left Ranson Middle School in a single school year to attend magnet schools. The Court’s 

failure to analyze critically the magnet programs’ negative impact on African American 

students presents an additional substantial issue on appeal.

The Balance of the Equities Calls for a Stay
One thing is certain. A failure to stay this Order pending appeal will dramatically

alter the status quo. When the substantial risk of harms to African Americans from a 

denial o f a stay is weighed against the absence of significant harm to the six intervenors if 

a stay is granted, the equities tilt heavily toward granting the motion. When those 

equities are balanced with the public interest in an orderly process o f assigning students 

that does not compel resegregation, the need for a stay is even more compelling. And 

when those equities are weighed with the fact that these plaintiffs present substantial 

legal issues on appeal, and likely will obtain success on some or all o f the issues, the need 

for a stay is paramount.

This Board should not be rushed to drastically alter the plan for assigning its 

students by January 2000 to satisfy an injunction that is unprecedented and untested by 

the relevant appellate courts, only to have it overturned and the student assignment 

process begun anew. As succinctly stated by Justice Stevens, a stay is necessary where 

an “even greater inconvenience might result if the plan were to go into effect forthwith 

and later be modified or set aside” on appeal. Metropolitan County Bd. o f Educ. v.

Kelley, supra.

The ultimate goal in this case since 1969 has been to bring some amount of 

stability and fairness to the student assignment process. While the parties do differ on 

what constitutes such a process, a rushed compliance with this novel but fragile and

14



assailable Order does not accomplish that end. The Court does not have to agree with the 

Swann plaintiffs as to the likelihood of their success on appeal in order to conclude that a 

stay is appropriate. There are serious and important and unsettled legal questions 

involved in this appeal, and the equities support a stay. That is enough. This case 

involves questions o f law which have not been addressed previously by the Fourth 

Circuit, let alone the Supreme Court, thus leaving great uncertainty regarding the future 

of the school system. Those uncertainties should be resolved on appeal before changes 

so dramatic - and so hastily drawn - are put in place.

Respectfully submitted this 29th day of Oc

ELAINE R. JONES 
Director-Counsel 
NORMAN J. CHACHKIN 
GLORIA J. BROWNE 
NAACP Legal Defense &

JAJV l.C.Bar#: 1434
AD; , .45
S. LUKE LARGESS, N.C. Bar# 17486 
Ferguson, Stein, Wallas, Adkins, Gresham

Educational Fund, Inc.
99 Hudson Street, 16th Floor 
New York, New York 10013 
(212)219-1900

& Sumter, P.A.
741 Kenilworth Avenue, Suite 300 
Charlotte, NC 28204 
(704)375-8461

15



t

CERTIFICATE OF SERVICE

I certify that I have served the foregoing MEMORANDUM IN 

SUPPORT OF SWANN  PLAINTIFFS’ MOTION FOR STAY AND IN RESPONSE 

TO BOARD’S MOTION FOR STAY on opposing counsel by placing a copy thereof 

enclosed in a postage prepaid properly addressed wrapper in a post office or official 

depository under the exclusive care and custody of the United States Postal Service, 

addressed to:

John O. Pollard, Esq.
Kevin V. Parsons, Esq.
McGuire, Woods, Battle & Boothe, L.L.P. 
101 South Tryon Street 
3700 NationsBank Plaza 
Charlotte, N. C. 28280-0001

William S. Helfand, Esq.
Magenheim, Bateman, Robinson, 

Wrotenbery & Helfand, P.L.L.C.
3600 One Houston Center 
1221 McKinney 
Houston, TX 77010

Leslie J. Winner, Esq.
Charlotte-Mecklenburg Board o f Education 
P. O. Box 30035 
Charlotte, N. C. 28230-0035

James G. Middlebrooks, Esq.
Irving M. Brenner, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. O. Box 31247 
201 North Tryon Street 
Charlotte, N. C. 28231

Allen R. Snyder, Esq.
Maree Sneed, Esq.
Kevin J. Lanigan, Esq.
David Newmann, Esq.

16



*

Hogan & Hartson, L.L.P.
555 Thirteenth Street, N. W. 
Washington, D. C. 20004-1109

John W. Borkowski, Esq.
Hogan & Hartson, L.L.P.
546 Carondelet Street, Suite 207 
New Orleans, LA 70130-3588

David Newmann, Esq.
Hogan & Hartson, L.L.P.
1515 Market St., Suite 1630 
Philadelphia, PA 19102

Thomas J. Ashcraft 
212 South Tryon Street 
Suite 1430
Charlotte, N. C. 28281

K. Lee Adams, Esq.
Kirwan, Parks, Chesin & Miller, P.C. 
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309

This, the 29th day of October, 1999.

Ferguson, Stein, Wallas, Adkins 
Gresham, & Sumter, P.A.

Suite 300 Park Plaza Building 
741 Kenilworth Avenue (28204) 
Post Office Box 36486 
Charlotte, N. C. 28236-6486 
(704) 375-8461

17



ATTACHMENTS TO 
PLAIN TIFFS-APPELLANTS’ MOTION

FOR STAY



w



F ! l  : - n

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION ' "1 '

M I

r* ? f
,1 5 - ; 4

WILLIAM CAPACCHIONE, as Guardian for 
CRISTINA CAPACCHIONE, a Minor,

Plaintiff,

and

MICHAEL P. GRANT, et al.,

Plaintiff-Intervenors,

v.

)
)
)
)
)
)
)
) Civil Action No. 3:97-CV-482-P
)

THE CHARLOTTE-MECKLENBURG BOARD ) 
OF EDUCATION, et al., )

)
Defendants. )

__________________________________________________ )
)

JAMES E. SWANN, et al.,

Plaintiffs,

v. ) Civil Action No. 1974
)

THE CHARLOTTE-MECKLENBURG BOARD )
OF EDUCATION, et a l, )

)
Defendants. )

__________________________________________________ )

SWANN  PLAINTIFFS’ MOTION FOR STAY

Now come the Swann Plaintiffs, through counsel, and pursuant to Rule 62(c) of the 

F.R.C.P. and move the Court for a complete stay of its September 9, 1999 order in this matter for

the reasons set out in the attached memorandum.



Respectfully submitted this

ELAINE R. JONES 
Director-Counsel 
NORMAN J. CHACHKJN 
GLORIA J. BROWNE

29th day of October, 1999.

JAMES E. FERGUSON,''ll, N.C.Bar#: 1434 
ADAM STEIN, N.C.Bar#: 4145 
S. LUKE LARGESS, N.C. Bar# 174S6

NAACP Legal Defense & Ferguson, Stein, Wallas, Adkins, Gresham
Educational Fund, Inc. & Sumter, P.A.

99 Hudson Street, 16th Floor 741 Kenilworth Avenue, Suite 300
New York, New York 10013 Charlotte, NC 28204
(212) 219-1900 (704) 375-8461



CERTIFICATE OF SERVICE

I certify that I have served the foregoing SW ANN  PLAINTIFFS’ MOTION

FOR STAY on opposing counsel by placing a copy thereof enclosed in a postage prepaid

properly addressed wrapper in a post office or official depository under the exclusive care and

custody of the United States Postal Service, addressed to:

John 0 . Pollard, Esq.
Kevin V. Parsons, Esq.
McGuire, Woods, Battle & Boothe, L.L.P.
101 South Tryon Street 
3700 NationsBank Plaza 
Charlotte, N. C. 28280-0001

William S. Helfand, Esq.
Magenheim, Bateman, Robinson,

Wrotenbery & Helfand, P.L.L.C.
3600 One Houston Center 
1221 McKinney 
Houston, TX 77010

Leslie J. Winner, Esq.
Charlotte-Mecklenburg Board of Education 
P. O. Box 30035 
Charlotte, N. C. 28230-0035

James G. Middlebrooks, Esq.
Irving M. Brenner, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. O. Box 31247 
201 North Tryon Street 
Charlotte, N. C. 28231

Allen R. Snyder, Esq.
Maree Sneed, Esq.
Kevin J. Lanigan, Esq.
David Newmann, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth Street, N. W.
Washington, D. C. 20004-1109



John W. Borkowski, Esq.
Hogan & Hartson, L.L.P.
546 Carondelet Street, Suite 207 
New Orleans, LA 70130-3588

David Newmann, Esq.
Hogan & Hartson, L.L.P.
1515 Market St., Suite 1630 
Philadelphia, PA 19102

Thomas J. Ashcraft 
212 South Tryon Street 
Suite 1430
Charlotte, N. C. 28281

K. Lee Adams, Esq.
Kirwan, Parks, Chesin & Miller, P.C. 
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309

This, the 29th day of October, 1999.

S. _____
N.C. Bar Number 17486 
Ferguson, Stein, Wallas, Adkins 

Gresham, & Sumter, P.A.
Suite 300 Park Plaza Building 
741 Kenilworth Avenue (28204) 
Post Office Box 36486 
Charlotte, N. C. 28236-6486 
(704) 375-8461





IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION

William CAPACCHIONE, Individually )
and on Behalf of Cristina Capacchione, )
a Minor, )

)
Plaintiff, )

)
and )

)
Michael P. Grant et al., )

)
Plaintiff-Intervenors, )

)
v. )

)
CHARLOTTE-MECKLENBURG SCHOOLS )
et al., )

)
Defendants. )

__________________________________ )
)

James E. SWANN et al., )
)

Plaintiffs, )
)

v. )
)

CHARLOTTE-MECKLENBURG BOARD ) 
OF EDUCATION et al., )

)
Defendants. )

__________________________________________________)

F I L E D
CHARLOTTE, n . c .

NO M  5 1999
U. S. DISTRICT COURT 

W. DIST, OF N. C.

3:97-CV-482-P

3:65-CV-1974-P

O R D E R

THIS MATTER is before the Court on defendants Charlotte-Meckienburg Board of 

Education, et al. ’s (the "Board") Motion to Stay and for Additional Relief, and plaintiffs James E. 

Swann, et al. ’s (the "Swarm Plaintiffs) Motion for Stay.



I.

BACKGROUND

On September 9, 1999, this Court filed its Memorandum Opinion and Order (the "Order") 

in this case, and Judgment in accordance with the Order. The Order declared that defendant 

Charlotte Mecklenburg Schools ("CMS”) had achieved "unitary status" and, therefore, vacated and 

dissolved all prior injunctive orders. Order, p. 114. This declaration freed CMS from the Court’s 

supervision and granted it the opportunity to administer Mecklenburg County schools in a way it 

deemed best for the children, teachers, and educational system as a whole. The Order also found 

unconstitutional CMS’s practice of assigning magnet students via a strict race-based lottery. Order, 

p. 111. Accordingly, the Court enjoined CMS from "assigning children to schools or allocating 

educational opportunities and benefits through race-based lotteries, preferences, set-asides, or other 

means that deny students an equal footing based on race." Order, p. 114.

On October 7, 1999, the Swann Plaintiffs filed a Notice of Appeal of the Court’s Order. On 

October 8, 1999, the Board filed its Notice of Appeal.

On October 14, 1999, the Board filed the instant Motion to Stay and for Additional Relief. 

In its Motion, the Board seeks a limited stay, pursuant to Rule 62 of the Federal Rules of Civil 

Procedure, "of the effective date of the injunction in this case until the beginning of the 2001-02 

academic year." Board’s Motion, p. 2. The Board’s Motion also seeks clarification and requests this 

Court to interpret its Order in a way that five categories of students may be "grandfathered" and not 

affected by the injunction. Specifically, "[t]he Board asks that rising fifth, eighth, and twelfth grade 

students be permitted to stay in their current schools; that the current ninth-graders who will be 

assigned to one of the two new high schools in 2001-02 be allowed to stay in their current schools 

until that assignment; and that current magnet students not be displaced, but instead be permitted to

2



continue in their magnet programs through the completion o f their current school level." Id. at 4. 

Alternatively, the Board seeks relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure to 

allow these categories of students to continue in their current school or program. Id. at 19-20.

On October 29, 1999, the Swann Plaintiffs filed their instant Motion for Stay of the Court’s 

Order. Utilizing the same arguments as set forth in the Board’s Motion, the Swann Plaintiffs’ 

Motion differs in that it seeks a full stay pending appeal, as opposed to the Board’s requested limited 

stay of one year. Swann Plaintiffs’ Motion, p. 2.

On October 29,1999, William Capacchione, as Guardian for Cristina Capacchione, a minor, 

and Michael P. Grant, etal. (collectively the "Plaintiff-Intervenors") filed a Response to the Board’s 

Motion for Stay and for Additional Relief. On November 4, 1999, the Board filed its Reply Brief 

in support of its Motion. On November 5,1999, the Swann Plaintiffs filed a Corrected Reply to the 

Plaintiff-Intervenors’ Response to the Board’s Motion for Stay. On November 8,1999, the Plaintiff- 

Intervenors filed a Response to the Swann Plaintiffs’ Separate Motion for Stay.

II.

DISCUSSION

A. Motion For Stay

The Board and the Swann Plaintiffs move the Court, pursuant to Rule 62 of the Federal Rules 

of Civil Procedure, to stay the injunction in this case pending appeal. The parties agree as to the 

factors this Court must consider in making its determination. They are as follows:

1. Whether the applicant will be irreparably injured absent a stay;

2. Whether the applicant has made a strong showing that he is likely to succeed on 

appeal;

3



3. Whether the issuance of a stay will substantially injure the other parties interested in 

the proceeding; and

4. Whether the public interest will be served by granting the stay.

Hilton v. Braunskill, 481 U.S. 770, 776, 107 S. Ct. 2113, 95 L. Ed. 2d 724 (1987); Long v. 

Robinson. 432 F.2d 977, 979 (4th Cir. 1970).

Upon balancing these factors and the facts of this case, and recognizing that stays in 

desegregation cases are rarely granted, the Court will deny the Board’s and the Swann Plaintiffs’ 

requests for a stay. See Coppedge v. Frankiin Countv Bd. of Educ.. 293 F. Supp. 356, 362 

(E.D.N.C. 1968) a f fd . 404 F.2d 1177 (4th Cir. 1968).

1. Irreparable Injury To Applicant

The Board and the Swann Plaintiffs contend that they, as well as the students of Mecklenburg 

County, will suffer irreparable injury if a stay is denied. The Board and the Swann Plaintiffs allege 

that to comply with the Order, the Board must develop an entirely new student assignment plan. The 

Board and Swann Plaintiffs argue that this "monumental change" requires a great deal of time to 

develop and implement. See Board’s Motion, p. 7. They, therefore, make the conclusory assertion 

that denying their request for a stay will have a "potentially devastating impact." Id  at 6.

As the Plaintiff-Intervenors point out, the Board’s and the Swann Plaintiffs’ panicked 

allegations of irreparable harm "are riddled with . . . generalized contingencies, speculation, 

possibilities and outright guessing." Plaintiff-Intervenors’ Response, p. 12. The Board’s own 

evidence clearly indicates that it can implement a constitutional student assignment plan for the 

2000-01 school year. Affidavit of Dr. Eric J. Smith, filed Oct. 14, 1999, p. 6, f  15.

The Court recognizes that compliance with the Order involves some degree of administrative 

legwork. Administrative burdens, however, are insufficient to warrant a stay of this Court’s

4



injunction. See Long, supra, 432 F.2d at 978-80. Notably, in issuing its Order, the Court was

sensitive to the potential period of temporary instability that the injunction could cause certain 

students o f Mecklenburg County. For that reason, the Court stated that its Order would not disrupt 

pupil assignments already made for the 1999-2000 school year. Order, p. 111 n. 52.

The Board may make some comprehensive changes in CMS during the period o f transition 

from being under desegregation orders to having the autonomy of a unitary system. The Board and 

Swann Plaintiffs failed to establish that the potential harm from such changes would be irreparable. 

The extent of the "harm" is ultimately in the hands of the Board and CMS. Furthermore, irreparable 

harm is but one factor the Court must consider in determining whether to stay the injunction. 

Weighing all of the factors in this case, and given that the Board acknowledges that it can implement 

a constitutional assignment plan for the 2000-01 school year, the Court finds that a stay is not 

warranted.

2. Likelihood Of Success On Appeal

The Board and the Swann Plaintiffs contend that the Order presents several appealable issues. 

They contend that they are likely to prevail in their appeal of these issues. This Court will address 

each issue In turn and illustrate the fallacies in the Board’s and the Swarm Plaintiffs’ arguments.

First, the Board and the Swann Plaintiffs argue that the Plaintiff-Intervenors were not entitled 

to a finding of a constitutional violation because the magnet admission policy deemed 

unconstitutional was adopted in pursuit of compliance with the then existing Swann desegregation 

orders. The Board and the Swann Plaintiffs contend that the Swann desegregation orders required 

the Board and CMS to use racial criteria in school admission policies. The Board and the Swann 

P laintiffs reason that actions pursuant to the Swann orders to remedy past discrimination cannot give 

rise to independent liability.

5



As set forth at length in the Order, however, this "immunity" has its limits in that one "cannot 

enjoy immunity for ultra vires acts -  that is, acts that are beyond the scope of the Court’s mandate 

and that are not otherwise constitutionally authorized." Order, p. 98. The area of liability in this 

case "is the use o f rigid racial quotas." Id  at 99. "One of the most basic tenets underlying Swann 

was that the use of mathematical ratios in desegregation plans could be used as a ‘starting point’ but 

could not be used as an ‘inflexible requirement.’" Id  (citations omitted).

What the Board and the Swann Plaintiffs apparently still fail to realize by appealing this issue 

is that "CMS ran the risk of exposure to liability when, in instituting its magnet program without 

seeking judicial approval, it implemented a new regime of rigid race-based assignment procedures." 

Id. at 100. "This change in the student assignment process was a material departure from the Swann 

orders." Id  at 101. Therefore, the Board and CMS cannot cloak themselves under the veil of the 

Swann orders in avoiding constitutional liability to the Plaintiff-Intervenors.

Second, the Board and the Swann Plaintiffs argue that the injunction is overbroad. In this 

regard, they contend that the factual underpinning of this case was the magnet admission program. 

They suggest that because the injunction covers other admission policies and instructional programs, 

it is impermissible.

As the Board correctly points out, "[t]he Court of Appeals for the Fourth Circuit has 

repeatedly recognized that trial courts should limit the scope of their injunctions to the specific 

violation found." Board’s Motion, p. 11. In this case, the violation found was the Board and CMS’s 

practice o f allocating educational opportunities and benefits through a strict race-based lottery that 

operated as an inflexible quota. In prohibiting this type of admissions practice, the Court took into 

consideration that CMS had achieved unitary status. The declaration of unitary status necessarily 

affected the scope of future prohibited activity because, in a non-remedial, unitary status setting, the

6



use o f race is a fortiori unconstitutional. Order, p. 1. Contrary to the arguments of the Board and 

the Swann Plaintiffs, it is irrelevant that the Court’s injunction may encompass violations that occur 

outside o f the magnet program. Indeed, it would be meaningless for this Court to prohibit a 

constitutional violation in one setting, but allow it in another, simply because an educational 

program is known by a different name.

Moreover, the Board is incorrect in its assertion that only the magnet school program was 

before the Court. As the Board is well aware, this case was consolidated with the three decade old 

case Swann v. Charlotte-Mecklenburg Bd. of Educ.. 311 F. Supp. 265 (W.D.N.C. 1970). Swann 

obligated this Court to consider the comprehensive educational policies of CMS and whether it had 

achieved unitary status.

The injunction addresses the violation before the Court in this case and is rooted in the 

Court’s duty to enforce the Fourteenth Amendment’s guarantee of equal protection. It goes no 

further than necessary.

Third, the Swann Plaintiffs contend that the injunction is unauthorized in that it "addresses 

the issue o f how the district might assign students after a unitary status declaration." Swann 

Plaintiffs’ Motion, p. 10. The Swann Plaintiffs contend "[tjhat question simply was not a case or 

controversy at the trial." Id.

The Swann Plaintiffs fundamentally misread the Order. The Court declared CMS unitary. 

Order, p. 97. The Order expressly relinquished the Court of supervisory authority over the Board 

and CMS. In this regard, the Court stated that it "will not demand clearance of any future student 

assignment plans prior to implementation." Id. at 109. The Swann Plaintiffs’ misguided suggestion 

that the Order is a detailed blueprint of how the Board should assign students in the future is without 

merit. The Order, as discussed above, simply offers the foimdationai guideline that student

7



assignments occur within the confines of the Fourteenth Amendment, This basic constitutional 

requirement does not render the injunction "unprecedented," as the Swann Plaintiffs indicate they 

will argue on appeal. Swann Plaintiffs’ Motion, p. 10.

Finally, the Swann Plaintiffs declare that they will successfully appeal the Court’s declaration 

that CMS achieved unitary status, and the standard of review the Court utilized in making its finding 

that CMS’s raced-based practices constituted a constitutional violation. The Swann Plaintiffs’ 

arguments in this regard are a mere rehashing of their arguments in pre-trial briefs and at trial. They 

are addressed at length in the Court’s Order and do not warrant discussion here.

Therefore, the Board and the Swann Plaintiffs have failed to make a strong showing of 

likelihood o f success on appeal.

3. Substantial Injury To Interested Parties

The Court disagrees with the Board and the Swann Plaintiffs’ assertion that the issuance of 

a stay will not substantially injure the Plaintiff-Intervenors and other interested parties. The Court 

prohibited the Board and CMS from assigning and transferring students, or allocating educational 

resources, based solely on race. The Court reasoned that the Board and CMS’s strict race-based 

policies deprived students of their rights under the Equal Protection Clause. The Court agrees with 

the Plaintiff-Intervenors that denial of equal protection rights is a deprivation of a right fundamental 

to our constitutional system. A stay in this case would allow the Board and CMS to continue 

infringing upon students’ equal protection rights. Therefore, a stay in this case would substantially 

injure the Plaintiff-Intervenors and similarly situated third parties.

4. Public Interest

The Board and the Swann Plaintiffs’ argument that the public interest will be served by the 

granting of a stay is likewise unpersuasive. The Court finds that it is not in the public interest to

8



further subject the more than 100,000 Mecklenburg County students to unconstitutional strict racial 

balancing guidelines. This is especially true given that CMS has achieved unitary status. Therefore, 

the Court will deny the Board and the Swann Plaintiffs’ requests for a stay.

B. Motion For Clarification

The Board requests that the Court clarify whether its injunction can be interpreted to allow 

"grandfathering," that is, to allow five categories of students to continue in their current schools 

through completion of their current school level.

A post-judgment motion for clarification requesting a court to interpret the scope of its 

injunction is properly made under Rule 59(e) of the Federal Rules of Civil Procedure, as opposed 

to Rule 60. Birdsong v. Wrotenberv. 901 F.2d 1270, 1272 (5th Cir. 1990). Any motion pursuant to 

Rule 59(e) "shall be filed no later than 10 days after entry of the judgment." Fed. R. Civ. P. 59(e); 

see also Fed. R. Civ. P. 6(b) ("[T]he court.. . may not extend the time for taking any action under 

Rule [] . . .  59(e).").

In Birdsong, the plaintiffs alleged that Texas’ Administrative Services Tax ("ASTA") was 

preempted by section 514 of ERISA and sought the return of taxes paid under ASTA. The federal 

District Court granted summary judgment in favor of the plaintiffs. The judgment enjoined the 

defendants, various Texas State authorities, from seeking to collect from any of the plaintiffs the tax 

authorized by ASTA in any administrative or judicial proceedings related to ASTA. The defendants 

filed a post-judgment motion for clarification, explaining that a pending state court action 

challenging ASTA involved one of the plaintiffs in the federal suit. The defendants asked the Court 

to specifically set out whether the injunction was designed or intended to prohibit the continuation 

of the state court proceedings.

9



The first issue before the Birdsong Court was whether the motion for clarification was made 

pursuant to Rule 59(e) or Rule 60. The Court held that "defendants’ motion was not collateral but 

went directly to the scope of the injunction. For this reason, the motion is not a Rule 60(a) motion, 

and thus falls under the umbrella of Rule 59(e)." Id.

Here, as the defendants in Birdsong, the Board’s Motion for Clarification goes directly to the 

scope of the injunction. The Board is asking the Court to interpret its injunction to grandfather the 

five relevant categories of students. Therefore, under Birdsong and the express language of Federal 

Rules o f Civil Procedure, the Board’s Motion is made pursuant to Rule 59(e).

The judgment was entered in this case on September 9, 1999. The Board’s Motion for 

Clarification was filed on October 14, 1999, more than 10 days after the entry' of the judgment. 

Therefore, the Board’s Motion is impermissibly late and the Court, due to the Board’s own 

procedural error, is barred from considering the Motion for Clarification.

C. Motion For Relief From Order

In the alternative to the Motion for Clarification, the Board seeks the same relief for the five 

categories of students pursuant to Rule 60(b)(6). Rule 60(b)(6) allows a court in its discretion to 

achieve justice by relieving a party from a final judgment. The Court agrees with the Plaintiff- 

Intervenors that it would not be in the interest of justice to grant the Board’s Rule 60(b)(6) Motion 

because the Court is not informed of the specifics of the Board’s grandfathering plan. There are 

simply too many unanswered questions for the Court to give its stamp of approval. In that regard, 

the Board’s Rule 60(b)(6) Motion is unjustified.

Furthermore, the Motion is unnecessary. The Court’s Order released the Board from Court 

interference in implementing policies and running Mecklenburg County schools. Indeed, the Order 

attempted to avoid such entanglement by clearly stating "the Court will not demand clearance of any

10



future student assignment plans prior to implementation." Order, p. 109. The Board must come to 

understand this language and resist its temptation, thirty years in the making, to request Court 

authorization for various educational policies.

The Order is clear. It prohibits assigning children to schools or allocating educational 

opportunities and benefits through strict race-based lotteries, preferences, set-asides, or other means 

that deny students an equal footing based on race. Id  at 114. Although its authorization is not 

needed, the Court will state in the abstract that the Order does not prohibit voluntary school choice. 

If the Board wants, as it suggests, to offer its students the voluntary option of either staying in their 

school or program or accepting their new assignment, and can do so in a race neutral way, the Court 

sees nothing in its Order that prohibits such a practice. See Board’s Reply, p. 7. The Plaintiff- 

Intervenors agree. Plaintiff-Intervenors’ Response, p. 3. Any assignment, transfer, or decision 

to leave a student in his or her current school, however, must conform with the Constitution and the 

Order by avoiding strict race-based lotteries, preferences, set-asides, or other means that deny 

students an equal footing based on race.

The Board is the body elected by the people of Mecklenburg County to run its schools. The 

Court’s Order granted the Board the local control that school boards across the country desire to 

freely operate and manage their schools. The Board, along with the people and parents of 

Mecklenburg County, have an unprecedented opportunity to set the agenda of Mecklenburg County 

schools that will benefit the County’s children for decades to come. This Court can only hope that 

it does so.

11



NOW, THEREFORE, IT IS ORDERED that the Board’s Motion for Stay and for 

Additional Relief be, and hereby is, DENIED.

IT IS FURTHER ORDERED that the Swann Plaintiffs’ Motion for Stay be, and hereby 

is, DENIED.

The Clerk is directed to certify copies of this Order to all parties.

This the / S M * !  of November, 1999.

^ “Ro b e r t  d . p o t t e r
SENIOR UNITED STATES DISTRICT JUDGE

12



crl
United States District Court 

for the
Western District of North Carolina 

November 15, 1999

* * MAILING CERTIFICATE OF CLERK * *

Re: 3:97-CV-00482

True and correct copies of the attached were mailed by the clerk to the 
following:

John 0. Pollard, Esq.
McGuire, Woods, Battle & Boothe, L.L.P.
101 S. Tryon St.
3700 Bank of America Plaza 
Charlotte, NC 28280-0001
Kevin V. Parsons, Esq.
McGuire, Woods, Battle & Boothe, L.L.P.
101 S. Tryon St.
3700 Bank of America Plaza 
Charlotte, NC 28280-0001
William S. Helfand, Esq.Magenheim, Bateman, Robinson, Wrotenbery & Helfand, P.L.L.C. 
3600 One Houston Center 
1221 McKinney 
Houston, TX 77010
Lee Meyers, Esq.
Meyers &. Hulse 
122 N. McDowell Street 
P.0. Box 36385 
Charlotte, NC 28236
Leslie J. Winner, Esq.Charlotte-Mecklenburg Board of Education 
P. 0. Box 30035 
Charlotte, NC 28230-0035
James G. Middlebrooks, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. 0. Box 31247 
201 No. Tryon St.
Charlotte, NC 28231
Irving M. Brenner, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. 0. Box 31247 
201 No. Tryon St.
Charlotte, NC 28231



Irving M. Brenner, Esq~
Smith, Helms, Mulliss & Moore, LLP 
P. 0. Box 31247 
201 No. Tryon St.
Charlotte, NC 28231
Allen R. Snyder, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Maree Sneed, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Kevin J. Lanigan, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Rose Marie L. Audette, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
John W. Borkowski, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
David B. Newman, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
James E. Ferguson, Esq.
Ferguson, Stein, Wallas, Gresham & Sumter, P.A P. 0. Box 36486
741 Kenilworth Ave., Suite 300 
Charlotte, NC 28236-6486
Luke Largess, Esq.
Ferguson, Stein, Wallas, Gresham & Sumter, P.A P. 0. Box 36486
741 Kenilworth Ave., Suite 300 
Charlotte, NC 28236-6486
Adam Stein, Esq.
Ferguson Stein Wallas Adkins 
Gresham & Sumter 
Suite 2 - Franklin Suites 
312 West Franklin St.
Chapel Hill, NC 27516
Elaine Jones, Esq.
NAACP Legal Defense & Educational Fund, Inc.99 Hudson St.
New York, NY 10013



Norman J. Chachkin, Esq.
NAACP Legal Defense & Educational Fund, Inc. 
99 Hudson St.
New York, NY 10013
Gloria J. Browne, Esq.
NAACP Legal Defense & Educational Fund, Inc. 
99 Hudson St.
New York, NY 10013
Thomas J. Ashcraft, Esq.
212 South Tryon St., Suite 1430 
Charlotte, NC 28281
A. Lee Parks, Esq.
Kirwan, Parks, Chesin & Miller, P.C.
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309
K. Lee Adams, Esq.
Kirwan, Parks, Chesin
2600 The Grand

■ 75 Fourteenth Street
| Atlanta, GA 30309

1
CC :
judge ( )
iagistrate Judge ( )
J ' . S .  Marshal ( )
Probation ( )
I'.S. Attorney ( )
l.tty. for Deft. ( )Defendant ( )jarden ( )
Jureau of Prisons ( )
Court Reporter ( )Courtroom Deputy ( )
Jrig-Security ( )
lankruptcy Clerk's Ofc . ( )Other ( )

I
1 Date:

P.C.

Frank 
By: _

Deputy Clerk



Smith, Helms, Mulliss & Moore, LLP 
P. 0. Box 31247 
201 No. Tryon St.
Charlotte, NC 28231
Irving M. Brenner, Esq.
Smith, Helms, Mulliss & Moore, LLP 
P. 0. Box 31247 
201 No. Tryon St.
Charlotte, NC 28231
Allen R. Snyder, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Kevin J. Lanigan, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Maree Sneed, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
John W. Borkowski, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
David B. Newman, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Rose Marie L. Audette, Esq.
Hogan & Hartson, L.L.P.
555 Thirteenth St., N.W.
Washington, DC 20004-1109
Leslie J. Winner, Esq.
Charlotte-Mecklenburq- Board of Education 
P. 0. Box 30035 
Charlotte, NC 28230-0035
Kevin V. Parsons, Esq.
McGuire, Woods, Battle & Boothe, L.L.P. 
101 S. Tryon St.
3700 Bank of America Plaza 
Charlotte, NC 28280-0001
John 0. Pollard, Esq.
McGuire, Woods, Battle & Boothe, L.L.P. 
101 S. Tryon St.
3700 Bank of America Plaza 
Charlotte, NC 28280-0001
Lee Meyers, Esq. 
Meyers & Hulse



122 N. McDowell Street 
P.0. Box 36385 
Charlotte, NC 28236
Thomas J. Ashcraft, Esq.
212 South Tryon St., Suite 1430 
Charlotte, NC 28281
A. Lee Parks, Esq.Kirwan, Parks, Chesin & Miller, P.C. 
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309
K. Lee Adams, Esq.Kirwan, Parks, Chesin Sc Miller, P.C. 
2600 The Grand 
75 Fourteenth Street 
Atlanta, GA 30309

f C  =■Judge
Magistrate Judge 
U.S. Marshal

(Probation J.S. Attorney 
Atty. for Deft.

(Defendant harden
Bureau of Prisons 
Court Reporter
ISourtroom Deputy Drig-Security 

Bankruptcy Clerk's Ofc 
ther __f

( ) 
( ) 
( ) 
( ) 
( ) 
( ) 
( ) 
( )

( ) 
( )

Date: / / / / c A y

Frank G. Johns, Clerk
,ABy: Deputy Clerk



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TABLE OF CONTENTS

Introduction

Charlotte Mecklenburg Schools Demographic Overview

Student Assignment Methodology

Section 1: Boundary Descriptions

Section 2: School Feeder Chart

Section 3: Magnet Programs

Section 4: Choice Programs

Section 5: Exceptional Children Programs (EC)

Section 6: Pre-Kindergarten Programs 

Section 7: Elementary School Maps 

Section 8: Middle School Maps 

Section 9: High School Maps 

Section 10: Appendix



Proposed 2000-2001 Elementary School Boundaries



Elementary School Future Population within Boundaries

School Future 
Population 

(incl. growth)
Capacity* Utilization Free & Reduced 

Lunch

ALBEMARLE ROAD ELEM. 727 726 1.00 0.54

ALLENBROOK ELEM. 409 572 0.72 0.68

ASHLEY PARK ELEM. 420 594 0.72 0.90

BAIN ELEM. 734 814 0.90 0.07

BARRINGER ELEM. 571 788 0.72 0.89

BERRYHILL ELEM. 259 440 0.59 0.62

BEVERLY WOODS ELEM* 208 342 0.84 0.08

BILLINGSVILLE ELEM. 279 374 0.75 0.96

BLYTHE ELEM. 1101 1100 1.00 0.19

BRIARWOOD ELEM. 686 946 0.73 0.76

BRUNS AVENUE ELEM. 530 726 0.73 0.94

CHANTILLY ELEM. 427 594 0.72 0.86

CLEAR CREEK ELEM. 510 660 0.77 0.17

CORNELIUS ELEM. 781 924 0.85 0.13

COTSWOLD ELEM* 271 346 0.78 0.33

CROWN POINT ELEM. 851 858 0.99 0.23

DAVID COX ELEM. 956 968 0.99 0.23

DAVIDSON ELEM.* 558 558 1.00 0.11

DEVONSHIRE ELEM. 683 946 0.72 0.80

11/04/99 * Capacity lakes into account partial magnet programs at schools with allenr|r boundaries.

V J
Hag® I

\



Elementary School Future PopuLdon within Boundaries

School Future 
Population 

(incl. growth)
Capacity* Utilization Free & Reduced 

Lunch

DRUID HILLS ELEM. 411 580 0.71 0.92

EASTOVER ELEM. 319 462 0.69 0.30

ELIZABETH LN. ELEM. 969 968 1.00 0.04

GREENWAY PARK ELEM* 351 450 0.78 0.36

HAWK RIDGE ELEM. 1051 1056 1.00 0.02

HICKORY GROVE ELEM. 815 814 1.00 0.37

HIDDEN VALLEY ELEM. 842 1166 0.72 0.82

HORNETS NEST ELEM.* 414 472 0.88 0,58

HUNTERSVILLE ELEM, 959 968 0.99 0.11

HUNTINGTOWNE FARMS ELEM. 381 572 0.67 0.48

IDLEWILD ELEM. 588 814 0.72 0.64

IRWIN AVENUE ELEM.* 294 414 0.71 0.92

J. H. GUNN ELEM. 649 660 0.98 0.41

LAKE WYLIE ELEM. 818 814 1.00 0.14

LANSDOWNE ELEM. 494 594 0.83 0,18

LEBANON ROAD ELEM. 650 704 0.92 0.32

LINCOLN HEIGHTS ELEM. 352 528 0.67 0.91

LONG CREEK ELEM. 586 594 0.99 0.16

MALLARD CREEK ELEM. 821 836 0.98 0.06

Page11/ 04/99 ♦ Capacity lakes into account partial magnet programs at schools with attendance boundaries. 2



Elementary School Future Population within Boundaries

School Ftilure 
Population 

(incl. growth)
Capacity* Utilization Free & Reduced 

Lunch

MATTHEWS ELEM. 963 990 0.97 0.12

MCALPINE ELEM. 663 770 0.86 0.03

MCKEE ROAD ELEM. 1265 1276 0.99 0.01

MERRY OAKS ELEM. 375 528 0.71 0.72

MONTCLAIRE ELEM. 448 616 0.73 0.63

NATHANIEL ALEXANDER ELEM. 1425 1430 1.00 0.51

NATIONS FORD ELEM. 488 682 0.72 0.77

OAKDALE ELEM.* 289 294 0.98 0.50

OAKHURST ELEM* 120 153 0.78 0,47

OAKLAWN ELEM. 410 572 0.72 0.92

OLDE PROVIDENCE ELEM. 7 8 0 792 0.98 0.07

OLDE PROVIDENCE ELEM. S ee Abcwe

PAW CREEK ELEM. 457 748 0.61 0.25

PAWTUCKETT ELEM. 402 506 0.79 0.52

PINEVILLE ELEM. 652 792 0.82 0.28

PINEWOOD ELEM. 441 616 0.72 0,61

RAMA ROAD ELEM. ■ 567 638 0.89 0.37

REEDY CREEK ELEM. 624 638 0.98 0.35

REID PARK/AMAY JAMES ELEM. 798 1272 0.63 0.92

11/04/99 Cnpncity lakes into account partial magnet programs at schools will) attendance boundaries. Page



Elementary School Future Population within Boundaries

School
Future 

Population 
(incl. growth)

Capacity* Utilization Free & Reduced 
Lunch

SEDGEFIELD ELEM. 51 7 704 0.73 0.83

SEDGEFIELD ELEM. S e e  A bove

SELWYN ELEM* 195 206 0.95 0.28

SHAMROCK GARDENS ELEM. 416 572 0.73 0.76

SHARON ELEM.* 307 338 0.91 0.09

SMITHFIELD ELEM. 735 792 0.93 0.17

STARMOUNT ELEM. 288 308 0.94 0.56

STATESVILLE ROAD ELEM. 439 616 0.71 0.67

STEELE CREEK ELEM. 867 880 0.99 0.39

STERLING ELEM.* 226 316 0.72 0.75

THOMASBORO ELEM. 547 756 0.72 0.87

TUCKASEEGEE ELEM.* 193 252 0.77 0.48

UNIVERSITY MEADOWS ELEM. 885 880 1.01 0.23

WESTERLY HILLS ELEM. 256 440 0.58 0.81

WINDSOR PARK ELEM. 617 638 0.97 0.57

WINTERFIELD ELEM. 325 440 0.74 0.60

new cralghead elem. 508 800 0.64 0,87

new greenville elem. 561 800 0.70 0.93

41860 51289

11/04/99 * Capacity lakes into account partial magnet programs at schools with attendance boundaries. Page 4



Proposed 2000-2001 Middle School Boundaries

Charlotte-Mecklenburg Schools 
Planning Services



iVliaale school FutureTopulation wOhm  IFoundaries

Scliool Future 
Population 

(incl. growth)

Capacity* Utilization Free & Reduced 
Lunch

ALBEMARLE ROAD MIDDLE 982 1056 0.93 0.45

ALEXANDER GRAHAM MIDDLE* 92 125 0.74 0.16

ALEXANDER MIDDLE 840 946 0.89 0.23

BRADLEY MIDDLE* 993 994 1.00 0.15

CARMEL MIDDLE* 948 950 1.00 0.08

COCHRANE MIDDLE 710 968 0.73 0.68

COULW OOD MIDDLE* 417 514 0.81 0.32

CRESTDALE MIDDLE 1112 1166 0.95 0.04

EASTWAY MIDDLE 570 858 0.66 0,67

J. T. WILLIAMS MIDDLE 764 1034 0.74 0.89

KENNEDY MIDDLE 784 858 0.91 0.38

MARIE G. DAVIS MIDDLE 809 1100 0.74 0.90

MARTIN MIDDLE 1336 1408 0 95 0.54

MCCLINTOCK MIDDLE 832 880 0.95 0.29

NORTHEAST MIDDLE 964 1100 0.88 0.18

NORTHRIDGE MIDDLE* 320 368 0.87 0.35

QUAIL HOLLOW MIDDLE 1054 1078 0.98 0.23

RANDOLPH MIDDLE* 686 747 0.92 0 4 7

RANSON MIDDLE 704 946 0.74 0.66

SMITH MIDDLE 648 770 0.04 0.52

SOUTH CHARLOTTE MIDDLE 974 990 0.98 0.03

SPAUGH MIDDLE 491 682 0.72 0.86

W ILSON MIDDLE* 314 416 0.75 0.56

17344 19954

i 1/04/99 * Capacity takes into account partial magnet programs at schools with . Jance boundaries. Page l



Proposed 2000-2001 High School Boundaries

new north

North Meek.

Vance High

West Charlotte

Independence
West Mecklenburg

Butler

East Mecklenburg
new southwest!

Olympic

Providence

South Mecklenburg

Charlotte-Mecklenburg Schools 
Planning Services



High School Future Population within Boundaries

School Future
Population

Capacity* Utilization Free & Reduced 
Lunch

Butier High School 1337 1440 0.93 0.09

East Mecklenburg High School* 1358 1370 0.99 0.28

Garinger High School 1679 1700 0.99 0.51

Independence High School* 1564 1560 1.00 0,28

Myers Park High School* 1108 1200 0.92 0.27

North Meek. High School* 1662 1910 0.87 0.12

Olympic High School* 652 750 0.87 0.23

Providence High School 2246 2240 1.00 0.04

South Mecklenburg High School 2157 2160 1.00 0.04

Vance High School 1308 1580 0.83 0.37

West Charlotte High School* 1655 1680 0.99 0.62

West Mecklenburg High School* 1565 1820 0.86 0.51

new north high school 1443 1600 0.90 0.06

new southwest high school 1615 1620 1.00 0.37

21349 22630

11/04/99 * Capacity takes into account partial magnet programs at schools w tendance boundaries. Page



*



Charlotte-Mecklenburg Board of Education
Post Office Box 30035
Charlotte, North Carolina 28230-0035 Leslie J. Winner 

General Counsel■A---------- J telephone (704) 343-6228 Fax (704) 343-5739

MEMORANDUM

TO: Luke Largess

FROM: Leslie Winner
General Counsel

DATE: November 12, 1999 

RE: Request for Data

Attached is the data which you requested concerning the racial composition of schools 
under the student assignment plan proposed by the Superintendent on November 9, 1999. 
This list excludes magnet schools and the magnet portion of schools that are partial 
magnets. As I stated in my November 11 letter to you, the assumption in arriving at these 
numbers was that, with one exception, the students who are currently magnet program 
students (in programs that are proposed to continue) would remain magnet students.
They are not, therefore, included in these numbers.

The list that is attached is the number of African American non-magnet students 
projected to reside in each of the home school attendance areas. We have not provided 
percentages because our database is not programmed to calculate that, and we have not 
done so. However, you can calculate it using the “future population” total numbers in the 
student assignment proposal notebook.

I want to reemphasize that while we are providing you with this data, it was not used by 
the administration in developing the boundaries or feeder patterns in the plan, and it has 
not been available to the Board before now.

Administrative Offices Education Center 701 East Second Street



November 11, 1999

VIA FACSIMILE AND REGULAR MAIL

Luke Largess, Esq.
Ferguson, Stein, W allas,

Gresham & Sumter 
741 Kenilworth Avenue 
Charlotte, NC 28204

Re: Request for Data

Dear Luke:

I have received your message requesting that The Charlotte-M ecklenburg 
Board o f Education provide to you a list o f  the racial composition o f the projected 
student population o f each o f the home school attendance areas in the plan that the 
Superintendent presented to the Board o f Education on November 9, 1999.

I am interpreting this to be a request made pursuant to the public records 
law, NCGS §132-1 et seq. Because that information does exist in the electronic 
database used to produce this plan, I agree that under the North Carolina public 
records law, the Board is required to produce it for you. Elowever, I want to 
emphasize that this is not data that was used in the development o f the plan nor 
has it been considered by the Board or the administration in determining any 
boundaries or feeder patterns.

I assume that the data that you want is the racial composition o f the 
students who we have projected would be in these home school attendance areas. 
For our capacity projections, we have assumed that most students attending 
m agnet schools will continue to attend those m agnet schools and, with a minor 
exception, have not included those current m agnet students in our capacity 
projections for the home school areas. That is also the basis on which the 
projected free and reduced lunch population that is included in the notebook was 
determined. If  this is not what you want, please let me know at once.

Administrative Offices Education Center 701 East Second Street



Luke Largess, Esq.
N ovem ber 11, 1999 
Page 2

I f  I do not hear from you, I will ask our Planning D epartm ent to generate 
this docum ent from  our electronic database. I anticipate it will be available for 
you to com e pick up by the end o f the business day on Friday, N ovem ber 12.

LW :ch
Largess -  Request for Data 111199

c: A rthur Griffin 
Eric Smith 
Eric Becoats

Sincerely,

Leslie W inner



Charlotte-Mecklenburg Schools
Post Office Box 30035
Charlotte, North Carolina 28230-0035
Telephone (704) 379-7000

Eric J. Smith, Ed.D 
Superintendent

MEMORANDUM

TO: Leslie W inner

FROM: Eric J.
6 - 0

DATE: November 11,1999

SUBJECT: Special Request

The Planning Services Department has completed your request. Attached you 
will find a report that lists each school that has an assignment boundary under the 
proposed new student assignment plan and the number of black students who live within 
that boundary.

If you have any questions regarding this data please let me know. Thanks.



1 Count School

454 ALBEMARLE ROAD ELEM.

|  266 ALLENBROOK ELEM.
r 367 ASHLEY PARK ELEM.

25 BAIN ELEM.
567 BARRINGER ELEM.

49 BERRYHILL ELEM.

f BEVERLY WOODS ELEM*
250 BILLINGSViLLE ELEM.

1 134 BLYTHE ELEM.
7 554 BRIARWOOD ELEM.

522 BRUNS AVENUE ELEM.

l  255 CHANTILLY ELEM.
49 CLEAR CREEK ELEM.
75 CORNELIUS ELEM.

I 69 COTSWOLD ELEM’
197 CROWN POINT ELEM.

290 DAVID COX ELEM.

\  45 DAVIDSON ELEM.*
496 DEVONSHIRE ELEM.
376 DRUID HILLS ELEM.

| 96 EASTOVER ELEM.
| 42 ELIZABETH LN. ELEM.

127 GREENWAY PARK ELEM*

| 29 HAWK RIDGE ELEM.
442 HICKORY GROVE ELEM.
778 HIDDEN VALLEY ELEM.

, 213 HORNETS NEST ELEM.*
81 HUNTERSVILLE ELEM.

125 HUNTINGTOWNE FARMS ELEM.
330 IDLEWILD ELEM.
313 IRWIN AVENUE ELEM.*
239 J. H. GUNN ELEM.
122 LAKE WYLIE ELEM.
93 LANSDOWNE ELEM.

152 LEBANON ROAD ELEM.
327 LINCOLN HEIGHTS ELEM.
105 LONG CREEK ELEM.
173 MALLARD CREEK ELEM.
64 MATTHEWS ELEM.

| 39 MCALPINE ELEM.
38 MCKEE ROAD ELEM.

205 MERRY OAKS ELEM.
! 149 MONTCLAIRE ELEM.

771 NATHANIEL ALEXANDER ELEM.
339 NATIONS FORD ELEM.
350 new craighead elem.
510 new greenville elem.
124 OAKDALE ELEM.*

I 30 OAKHURST ELEM*
380 OAKLAWN ELEM.
45 OLDE PROVIDENCE ELEM. (North of HG
13 OLDE PROVIDENCE ELEM. (South of HC
76 PAW CREEK ELEM.

155 PAWTUCKETT ELEM.

___________ ? L PINEVILLE ELEM.
166 PINEWOOD ELEM.
188 RAMA ROAD ELEM.

Number of Black Students within 
each school boundary 

(2000-2001 Proposed Assignment 
Plan)



pount School

303 REEDY CREEK ELEM.

734 REID PARK/AMAY JAMES ELEM.

! 99 SEDGEFIELD ELEM. (East of Sout Bivd.)

262 SEDGEFIELD ELEM. (West of South Blvd

42 SELWYN ELEM*
258 SHAMROCK GARDENS ELEM.

23 SHARON ELEM.*

102 SMITHFIELD ELEM.
| 121 STARMOUNT ELEM.

286 STATESVILLE ROAD ELEM.
371 STEELE CREEK ELEM.

199 STERLING ELEM.*

466 THOMASBORO ELEM.
74 TUCKASEEGEE ELEM.*

321 UNIVERSITY MEADOWS ELEM.
202 WESTERLY HILLS ELEM.

250 WINDSOR PARK ELEM.
188 WINTERFIELD ELEM.

Number of Black Students within 
each school boundary 

(2000-2001 Proposed Assignment 
Plan)



B lu n t School

81 “ 518 ALBEMARLE ROAD MIDDLE

6 ALEXANDER GRAHAM MIDDLE*

229 ALEXANDER MIDDLE
119 BRADLEY MIDDLE'

82 CARMEL MIDDLE*
522 COCHRANE MIDDLE

134 COULWOOD MIDDLE*
47 CRESTDALE MIDDLE

332 EASTWAY MIDDLE
700 J.T . WILLIAMS MIDDLE
354 KENNEDY MIDDLE

794 MARIE G. DAVIS MIDDLE

829 MARTIN MIDDLE

225 MCCLINTOCK MIDDLE
124 NORTHEAST MIDDLE

183 NORTHRIDGE MIDDLE*
188 QUAIL HOLLOW MIDDLE
264 RANDOLPH MIDDLE*
443 RANSON MIDDLE
228 SMITH MIDDLE

46 SOUTH CHARLOTTE MIDDLE

455 SPAUGH MIDDLE
163 WILSON MIDDLE*

Number of Black Students within 
each school boundary 

(2000-2001 Proposed Assignment 
Plan)



TCount School

154 Butler High School
516 East Mecklenburg High School*

1,083 Garinger High School
668 Independence High School*
376 Myers Park High School*
132 new north high school

716 new southwest high school
403 North Meek. High School*
236 Olympic High School*
156 Providence High School
137 South Mecklenburg High School
863 Vance High School

1,346 West Charlotte High School*
1,030 West Mecklenburg High School*

Number of Black Students within 
each school boundary 

(2000-2001 Proposed Assignment 
Plan)





A B C D E F G

1 P R O P O S E D  PLA N  - P E R C E N T A G E  BLA CK  AND P E R C E N T A G E  FR L
?
3 2000-2001 STU D EN TS
4 ELE M E N TA R Y S C H O O LS B lack Total % of Blk % FRL

5 Irwin Avenue 313 294 106% 92%
6 Barringer 567 571 99% 89%
7 Bruns Ave. 522 530 98% 94%
8 Lincoln Heights 327 352 93% 91%
9 Oaklawn 380 410 93% 92%
10 Hidden Valley 778 842 92% 82%
11 Reid Park/Amay James 734 798 92% 92%
12 Druid Hills 376 411 91% 92%
13 New Greenville Elem. 510 561 91% 93%
14 Billingsville 250 279 90% 96%
15 Sterling 199 226 88% 75%
16 Ashley Park 367 426 86% 90%
17 Thomasboro 466 547 85% 87%
18 Briarwood 554 686 81% 76%
19 Westerly Hills 202 256 79% 81%
20 Devonshire 496 683 73% 80%
21 Sedgefield 361 517 70% 83%
22 Nations Ford 339 488 69% 77%
23 New Craighead Eiem. 350 508 69% 87%
24 Statesville Road 286 439 65% 67%
25 Allenbrook 266 409 65% 68%
26 Albemarle Road 454 727 62% 94%
27 Shamrock Gardens 258 416 62% 76%
28 Chantilly 255 427 60% 86%
29 Winterfield 188 325 58% 60%
30 Idlewild 330 588 56% 64%
31 Merry Oaks 205 375 55% 72%
32 Hickory Grove 442 815 54% 37%
33 Nathaniel Alexander 771 1425 54% 51%
34 Hornets Nest 213 414 51% 58%
35 Reedy Creek 303 624 49% 35%
36 Oakdale 124 289 43% 50%
37 Steele Creek 371 867 43% 39%
38 Starmount 121 288 42% 56%
39 Windsor Park 250 617 41% 57%
40 Pawtuckett 155 402 39% 52%
41 Tuckaseegee 74 193 38% 48%
42 Pinewood 166 441 38% 61%
43 J. H. Gunn 239 649 37% 41%
44 University Meadows 321 885 36% 23%
45 Greenway Park 127 351 36% 36%
46 Montclaire 149 448 33% 63%
47 Rama Road 188 567 33% 37%
48 Huntingtowne Farms 125 381 33% 48%
49 David Cox 290 956 30% 23%
50 Eastover 96 319 30% 30%
51 Cots wo Id 69 271 25% 33%



A B C D E F G
52 Oakhurst 30 120 25% 47%
53 Lebanon Road 152 650 23% 32%
54 Crown Point 197 851 23% 23%
55 Selwyn 42 195 22% 28%
56 Mallard Creek 173 821 21% 6%
57 Berryhill 49 259 19% I 62%
58 Lansdowne 93 494 19% 18% i
59 Long Creek 105 586 18% 16%
60 Paw Creek 76 457 17%' 25%
61 Pineville 99 652 15% I 28%i
62 Lake Wylie 122 818 15%' 14%
63 Smithfield 102 735 14% 17%;
64 Blythe 134 1101 12% 19%
65 Clear Creek 49 510 10% 17%
66 Cornelius 75 781 10% 13%
67 Huntersville 81 959 8%' 11%
68 Davidson 45 558 8% 11%
69 Sharon 23 307 7% 9%j
70 Olde Providence 58 780 7% 7%
71 Matthews 64 963 7% 12%
72 McAlpine 39 663 6% 3%
73 Beverly Woods 14 288 5% 8%
74 Elizabeth Lane 42 969 4% 4%
75 Bain 25 734 3% 7%
76 McKee Road 38 1265 3% 1%
77 Hawk Ridge 29 1051 3% 2%
78 2000-2001 STU D EN TS
79 M ID DLE SC H O O LS Black Total % of Blk % FRL
80 Marie G. Davis 794 809 98% 90%
81 Spaugh 455 491 93% 86%
82 J T Williams 700 764 92% 89%;
83 Cochrane 522 710 74% 68%;
84 Ranson 443 704 63% 66%
85 Martin 829 1336 62% 54%
86 Eastway 332 570 58% 67%
87 North ridge 183 320 57% 35%
88 Albemarle Road 518 982 53% 45%
89 Wilson 163 314 52% 56%
90 Kennedy 354 784 45% 38%
91 Randolph 264 686 38% 47%
92 Smith 228 648 35% 52%:
93 Coulwood 134 417 32% 32%
94 Alexander 229 840 27% 16%
95 McClintock 225 831 27% 29%
96 Quail Hollow 188 1054 18% 23%
97 Northeast 124 964 13% 18%
98 Bradley 119 993 12% 15%
99 Carmel 82 948 9% 8%
100 Alexander Graham 6 92 7% 23%
101 South Charlotte 46 974 5% 3%.
102 Crestdaie 47 1112 4% 4%



A B C D E F G
103
104 2000-2001 S TU D E N TS
105 HIGH S C H O O LS  B lack Tota l % o f Blk % FRL
106 7

1655
■■ v.

81%107 West Charlotte 1346 62%
108 Vance 863 1308 66% 37%
109 West Mecklenburg 1030 1565 66% 51%
110 Garinger 1083 1679 65% 51%
111 New Southwest HS 716 1615 44% 37%
112 Independence 668 1564 43% 28%
113 East Mecklenburg 516 1358 38% 28%
114 Olympic 236 652 36% 23%
115 Myers Park 376 1108 34% 27%
116 North Mecklenburg 403 1662 24% 12%
117 David Butler 154 1337 12% 9%
118 New North HS 132 1443 9% 6%
119 Providence 156 2256 7% 4%
120 South Mecklenburg 137 2157 6% 4%





Summary of CMS Student Enrollment Data 
Percent of African-American Attendance by School, 1978-79 through 1998-99

and
Number and Percentage of Schools Out of Compliance

S C H O O L 78-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 88-89 89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99

A L L  E L E M E N T A R Y  SC H O O LS 38% 39% 40% 40% 41% 41% 42% 41% 40% 40% 39% 40% 39% 39% 40% 40% 40% 41% 41% 42% 43%

S h a d in g  = S c h o o ls  O u t o f  C o m p lia n c e  (+ 15%  fro m  D is tr ic t-w id e  e le m e n ta ry  A fr ic a n -A m e r ic a n  ra tio  fo r  1980-81 o n ; fo r  1978-80, o v e r  50%  A fr ic a n -A m e r ic a n  o r  -15%  fro m  D is tr ic t-w id e  A fr ic a n -A m e r ic a n  
e le m e n ta ry  s c h o o l ra tio )

A L B E M A R LE  R O A D  ELEM 32% 33% 46% 48% 48% 45% 45% 48% 50% 48% 49% 44% 44% 49% 50% 44% 45% 50% 53% 57% 48%

A L E X A N D E R , N A TH A N IE L 47% 47% 52%

A L LE N B R O O K 42% 43% 43% 42% 42% 42% 42% 43% 41% 44% 49% 48% 47% 50% 50% 52% 52% 56% 61% 64% 65%

A S H LE Y  P A R K 45% 43% 42% 42% 42% 47% 55% 50% 50% 55% 5 9 % 6 5 % 6 7 % 7 4 % 46% 44% 47% 43% 44% 46% 53%

BAIN 23% 2 2 % 2 3 % 2 0 % 2 0 % 2 1 % 2 1 % 20% 16% 17% 16% 16% 16% 16% 17% 15% 18% 2 0 % 18% 21 % 6 %

B A R R IN G E R 42% 39% 37% 38% 38% 42% 44% 38% 36% 35% 34% 39% 42% 40% 54% 53% 48% 46% 44% 45% 43%

B E R R Y H ILL 45% 44% 43% 45% 44% 49% 44% 49% 51% 49% 48% 53% 50% 54% 56 % 54% 51% 48% 48% 46% 46%

B E V E R LY  W O O D S 39% 37% 41% 39% 42% 42% 43% 40% 29% 28% 28% 28% 33% 35% 46% 35% 34% 34% 39% 40% 41%

B IL U N G S V IL L E 43% 40% 43% 47% 41% 45% 49% 39% 35% 41% 38% 33% 30% 33% 31% 34% 30% 31% 36% 42% 45%

BLYTHE 45%

B R IA R W O O D 41% 49% 5 6 % 46% 47% 48% 47% 50% 54% 5 8 % 52% 55% 56% 59% 6 4 % 73% 76% 79% 78% 80 % 8 4 %

BRUNS AVE. 37% 40% 38% 40% 43% 45% 38% 36% 45% 44% 47% 45% 50% 51% 46% 51% 47% 46% 47% 44% 41%

C A R M E L (6TH) 34% 37% 32%

C H A N T IL LY 35% 34% 44% 42% 40% 35% 36% 32% 46% 49% 50% 49% 56% 63% 6 2 % 48% 44% 46% 43% 40% 42%

C LEAR  C R E E K 14% 14% 17% 15% 25% 23% 22% 2 5 % 25% 25% 25% 2 4 % 26% 26% 24% 28% 31% 30% 30% 31% 32%

C O L L IN S W O O D 37% 38% 39% 38% 33% 38% 39% 36% 48% 52% 57% 50% 52% 47% 49% 52% 54% 60% 54% 52% 50%

"CO RNELIUS 23% 23% 23 % 21 % 19% 19% 17% 16% 17% 16% 15% 14% 12% 13% 12% n % 10% 10% 9% 9% 9 %

C O T S W O L D 39% 40% 35% 39% 48% 51% 42% 45% 50% 47% 32% 33% 32% 32% 30% 31% 31% 31% 46 % 58% 49%

C O U L W O O D  (6TH ) 46% 47% 47% 43% 38% 37% 35% 37% 35% 44% 47% 42% 49% — —
C R O W N  P O IN T 23% 2 4 % 27% 30% 32% 35%

D A V ID  C O X  RO AD — 41% 41% 40% 41% 42% 43%

D A V ID S O N 37% 37% 38% 37% 37% 34% 33% 28% 27% 2 4 % 22% 2 1 % 20% 17% 18% 17% 12% 10% 11% 10% 9 %

D A  V i DS O N  (6TH ) — — — — — — — — — — — — — — 30% — — —
D E R ITA 37% 38% 44% 45% 47% 49% 53% 52% 52% 47% 51% 52% 53% 5 8 % 57% 6 0 % 60 % 60 % 67% 6 6 % 68 %

D E V O N S H IR E 45% 5 2 % 41% 41% 43% 50% 55% 54% 50% 52% 58% 65% 53% 5 8 % 6 2 % 73% 81 % 82 % 78% 71% 6 6 %

D ILW O R T H 40% 39% 38% 37% 38% 37% 45% 49% 48% 46% 43% 43% 43% 42% 43% 43% 44% 46% 48% 49% 53%

D O U B LE  O AKS 47% 49% 40%

D R U ID  H ILLS 37% 33% 40% 43% 44% 49% 48% 54% 49% 50% 50% 50% 51% 51% 51% 56% 6 0 % 59% 59% 6 0 % 63%



SC H O O L ✓ 8-79 79-80 80-81 81-82 82-83 83-84 84-85 85 -87 87-88 89 <j9-90 90-91 91-92 92-93 93-94 94-95 95 96-97 97-98 98-99

E A S T O V E R 29% 28% 29% 26% 37% 44% 39% 38% 39% 44% 40% 40% 40% 46% 50%

E LIZA B E T H 33% 34% 37% 38% 39% 40% 41% 42% 39% 37% 36% 37% 37% 38% 40% 41% 40% 39% 39% 39%

E LIZA B E TH  LANE 2% 3 % 4%

EN D E R LY  P A R K 47% 47% 46% 49% 5 7 %

F IR S T  W A R D 34% 31% 36% 35% 34% 37% 33% 31% 31% 36% 40% 50% 50% 46% 49%

G R E E N W A Y  P A R K 40% 44% 44%

G U N N 28% 2 3 % 22% 20% 19% 17% 29% 2 6 % 26% 22% 29% 42% 43% 43% 43% 49% 51% 48%

H IC K O R Y  G R O VE 25% 27% 32% 29% 30% 33% 36% 41% 26% 31% 32% 32% 37% 39% 40% 47%

H ID D E N  V A LLE Y 8 9 % 89 % 9 1 % 9 3 % 9 2 % 9 4 % 9 4 % 96 % 9 5 % 9 6 % 9 6 % 9 6 % 9 7 % 9 7 % 9 6 % 9 7 % 9 6 %

H IG H LA N D 43% 44% 45% 45% 44% 44% 46% 48% 45% 49% 49% 6 4 % 6 9 % 74 % 75% 77 %

H O R N E T S  N E S T 51% 48% 48% 46% 48% 50% 49%

H U N T E R S V ILLE 28% 34% 33% 29% 27% 28% 28% 2 5 % 2 3 % 25% 21% 17% 12% 13% 11% 12% 10% 10% 10% 30 %

H U N T IN G T O W N E  FARM S 44% 48% 37% 36% 33% 30% 27% 45% 47% 47% 46% 46% 48% 51% 54% 6 2 %

ID LE W ILD 32% 32% 38% 38% 39% 38% 43% 42% 45% 50% 48% 47% 48% 49% 49% 45% 45% 48% 47% 51% 58 %

IR W IN  A V E N U E 32% 37% 34% 39% 39% 39% 40% 41% 40% 40% 44% 40% 38% 43% 44% 40% 45% 50% 50%

JA M E S , A M A Y 41% 44% 48% 49% 44% 44% 41% 38% 37% 43% 38% 40% 36% 33% 45% 42% 39% 39% 40% 39% 37%

L A K E V IE W 45% 51% 51% 55% 52%

LA KE W Y L IE 39% 33% 35% 35% 34% 32% 33%

L A N S D O W N E 34% 35% 38% 39% 40% 48% 44% 44% 37% 33% 34% 34% 36% 38% 37% 38% 38% 33% 28% 30% 31%

LE B A N O N  R O A D 20% 20% 21% 19% 19% 19% 20% 21% 35%

LIN C O LN  H E IG H T S 34% 34% 44% 45% 45% 43% 48% 49% 49% 53% 50% 52% 57% 54% 57% 59% 48% 51% 55% 53% 54%

LONG CR E E K 43% 42% 40% 41% 39% 43% 41% 35% 36% 33% 32% 32% 33% 18% 20% 21% 21% 19% 23% 21% 38%

M ALLARD C R E E K 37% 30% 28% 21% 20% 21% 17% 15% 16% 20% 22% 28%

DAVIS, MARIE G. (6T H ) 46% 42% 41%

DAVIS, M ARIE G . E LEM . 36% 34% 37% 40% 40% 41% 42% 41% 46% 45% 42% 44% 48% 53% 56%

M A T T H E W S 23% 22% 23% 22% 22% 21% 20% 17% 21% 18% 26% 20% 13% 14% 12% 12% 14% 11% 5% 6 % 7%

M C A LP IN E 32% 32% 30% 31% 30% 27% 20% 23% 24% 4% 5% 4%

M CKE E 29% 18% 16% 15% 12% 12% 11% 1% 1% 2%

M E R R Y  O A K S 34% 23% 25% 26% 44% 45% 51% 36% 35% 37% 41% 47% 50% 55% 58% 56% 63% 64%

M ID W O O D  ELEM . 38% 41%

M O N T C LA IR E 41% 40% 41% 42% 45% 40% 47% 49% 48% 49% 48% 51% 44% 41% 44% 44% 50% 51% 52% 55%

M O R E H E A D 60%

M Y E R S  P A R K  TR A D IT IO N A L 33% 35% 39% 40% 42% 41% 41% 42% 38% 37% 38% 37% 37% 36% 38% 40% 40% 40% 39%

N A TIO N S  FO R D 36% 42% 45% 48% 54% 55% 52% 53% 30% 36% 32%

N E W E LL 44% 48% 45% 46% 44% 46% 42% 43% 38% 41% 40% 40% 43%

35%

"4 3 %

37% 37% 34% 35% 39% 44% 45%

24% 25% 31% 33% 39% 41% 39%

N O R T H W E S T  (6TH ) 41% 65% 42% 47% 46% 41% 49% 57% 52% 41%

N O R T H W E S T  Y E A R  RO UND 45% 59% 61%

O A K D A LE 39% 39% 40% 40% 38% 45% 43%; 40% 38% 39% 40% 40% 41% 43% 43% 39% 43% 47% 49% 52% 49%

O A K H U R S T 46% 50% 40% 41% 44% 50% 51% 44% 45% 47% 50% 51% 44% 43% 39% 39%

L. lY - k .



S C H O O L i d-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 88-89 «d-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99

O A K L A W N 49% 48% 50% 47% 48% 52% 55% 58% 64% 48% 53% 52% 55% 45% 50% 47% 50% 61% 64% 63%

O LD E  P R O V ID E N C E 43% 38% 35% 34% 35% 34% 28% 23% 22% 22% 26% 34% 35% 34% 36% 37% 38% 36% 37% 34%

P A R K  RO AD 39% 41% 46% 47% 44% 52% 49% 47% 45% 46% 45% 47% 45% 41% 38% 49% 47% 46% 49% 53% 55%

P A W  C R E E K 41% 40% 41% 45% 43% 42% 42% 40% 39% 37% 37% 38% 36% 34% 38% 39% 41% 43% 46% 38%

P A W T U C K E T T 26% 29% 30% 30% 37% 35% 38% 39% 39% 41% 41% 49% 47% 51% : 52% 52% 57% 59%

P IE D M O N T  (6T H ) 23% 34% 37% 33% 31% 35% 36% 23% 27% 35% 40% 38% 34% 36% 35% 38%

PIN E VILLE 41% 39% 39% 37% 35% 35% 34% 33% 28% 30% 27% 26% 28% 28% 27% 27% 30% 29% 19% 18% 20%

P IN E W O O D 46% 51% 49% 43% 40% 42% 43% 44% 44% 42% 42% 37% 33% 36% 23% 25% 37% 37% 42%

P IN E Y  G R O V E 34% 31% 38% 36% 36% 35% 33% 32% 30% 28% 28% 28% 26% 24% 44% 44% 47% 53% 44%

PLA ZA  RO AD 43% 44% 49% 49% 55% 48% 42% 41% 43% 50%

Q U A IL  H O L L O W  (6TH ) 50% 38% 50%

R A M A  R O A D 26% 30% 29% 28% 35% 29% 34% 33% 32% 30% 28% 27% 31% 40% 32% 34% 35% 36% 41% 38%

R A N S O N  (6TH ) 25%

RE E D Y  C R E E K 46% 42% 35% 43% 46% 46% 46% 47% 52% 48% 48% 53% 52% 51% 43% 38% 38%

REID P A R K 47% 46% 44% 41% 41%

S E D G E F IE LD  (6TH) 51% 45% 54% 43%

S E D G E F IE LD  ELEM . 42% 41% 45% 43% 42% 44% 49% 45% 48% 47% 50% 56% 54% 52% 56% 52% 56% 56% 59%

S E LW Y N 36% 35% 41% 41% 42% 43% 34% 37% 34% 31% 30% 32% 40% 38% 44% 46% 46% 46% 45% 44%

S H A M R O C K  G A R D E N S 42% 45% 48% 48% 45% 50% 52% 54% 60% 59% 50% 47% 47% 46% 51% 59% 60% 61% 62% 58% 61%

S H A R O N 46% 45% 47% 40% 28% 30% 29% 29% 26% 30% 30% 31% 37% 37% 37%

SM ITH (6TH ) 42% 38% 43% 36%

SM ITHFIELD 39% 41% 49% 50% 45%

SP AU G H  (6TH) 57% 57% 48% 54% 58% 57% 62% 66% 61% 41% 42% 43%

S T A R M O U N T 33% 35% 38% 40% 45% 45% 45% 37% 37% 38% 36% 37% 42% 42% 45% 47% 48% 50%

S T A T E S V ILLE  RO AD 45% 49.5% 43% 44% 45% 44% 44% 44% 46% 44% 45% 47% 47% 44% 46% 48% 53% 56% 60% 52%

S T E E LE  C R E E K

S T E R LIN G

35% 36% 35% 32% 30%

38% 35% 34% 33% 35%

40%

34%

40% 39% 38% 37% 36% 35% 35% 37% 40% 38% 37% 38% 44%

32% 38% 36% 36% 33% 30% 29% 22% 26% 17% 17% 29% 50% 53%

T H O M A S B O R O 39% 38% 43% 41% 43% 45% 44% 45% 42% 41% 55% 52% 61% 64% 66% 69% 70% 74% 82% 82%

TR YO N  H ILLS 44% 47% 41% 46% 47% 43% 45% 58% 55% 58% 54% 60% 55% 57% 58% 62% 74% 77% 79%

T U C K A S E E G E E 40% 33% 38% 33% 45% 45% 42% 41% 39% 39% 39% 40% 45% 46% 45% 46% 46% 48% 49% 49%

U N IV E R S IT Y  M E A D O W S 40% 40% 42% 44% 46% 53%

U N IV E R S IT Y  P A R K 39% 35% 38% 43% 43% 44% 43%

V ILLA  H E IG H T S 46% 48% 52% 53% 55% 56% 59% 52% 49% 44% 45% 44% 42% 44%

W E S T E R L Y  HILLS 39% 39% 42% 45% 46% 53% 55% 52% 54% 58% 48% 48% 55% 56% 63% 62% 66% 70% 74% 76%

W IL L IA M S  (M ID D LE ) 46% 35% 35%

W IL S O N  (6T H ) 53% 48% 49% 56% 48% 45% 46% 45% 46% 50% 53% 57% 68%
W IN D IN G  S P R IN G 57% 59% 55% 53%

W IN D S O R  PA RK 32% 37% 41% 41% 38% 38% 42% 38% 37% 47% 48% 47% 49% 53% 54% 57% 48% 46% 47% 52%

W IN T E R F IE L D 36% 38% 37% 48% 52% 42% 43% 42% 40% 43% 53% 53% 54% 45% 46% 48% 52% 44% 47% 54%



SCHOOL 178-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 88-89 89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99

No. of Elem. Out of Compliance 3 8 8 7 7 6 6 if 9 13 b 12 14 20 26 22 25 27 25 28 25
% of Elem. Out of Compliance 4% 11% 11% 9% 9% 9% 9% 12% 13% 18% 11% 17% 19% 27% 34% 28% 32% 33% 30% 34% 29%

" 38% j 37%| 37% | 36% | 36%| 37%| 39%| 40%| 4Q%| 40% | 4Q%| 40% | 40%| 41%| 41 %| 41 %| 41%| 42%| 42%| 41 %| 42%ALL MIDDLE SCHOOLS

Shading = Schools Out of Compliance (more than 50% African-American or -15% from District-wide middle school African-American ratio)

ALBEMARLE ROAD JUNIOR 31% 30% 34% 36% 32% 27% 35% 39% 41% 41% 42% 41% 40% 46% 51% 52% 53% 50.1% 48% 49.9% 42%

ALEXANDER 27% 29% 28% 27% 28% 26% 24% 22% 23% 23% 19% 18% 20% 20% 19% 18% 18% 20%
43%

33%

75%

55%

16%

25%

38%

60%

BRADLEY

CARMEL 32% 30% 35% 34% 32% 34% 32% 26% 24% 23% 22% 21% 23% 32% 34% 32% 34% 37% 35%

COCHRANE 49.6% 52% 51% 53% 53% 54% 511 52% 57% 61% 59% 61% 63% 71% 73% 68% 69% 74% 77% 77%

COULWOOD 42% 42% 38% 41% 41% 43% 48% 46% 46% 47% 42% 37% 35% 35% 37% 44% 48% 45% 51% 54%

CRESTDALE

DAVIDSON IB 24% 23% 26% 25%

DAVIS, MARIE G. 47% 37% 36% 37% 38%

EASTWAY 35% 36% 38% 37% 38% 40% 39% 44% 46% 46% 46% 49% 52% 53% 56% 55% 58% 57% 65% 64%

GARINGER (9TH) 51% 51%

A. GRAHAM 32% 34% 33% 34% 39% 44% 43% 41% 41% 41% 41% 44% 48% 48% 48% 47% 44% 47% 48%

HARDING (9TH) 46% 53% 52% 56% 59% 62% 60% 61% 62% 42% 46% 41% 45%

HAWTHORNE 39% 41% 45% 42% 42% 42% 42% 42% 39% 40% 42% 40% 38% 36% 39% 48% 46% 42% 44% 49% 53%

INDEPENDENCE (9TH) 34% 29% 25% 28%

KENNEDY 47% 47% 46% 47% 47% 51% 50.3% 51% 52% 49.9% 53% 48% 51% 52% 53% 54% 55% 56% 51% 49% 45%

MARTIN 49% 54%

MCCUNTOCK 26% 23% 21% 20% 26% 24% 32% 33% 33% 32% 33% 35% 37% 41% 42% 42% 40% 43% 39%

MYERS PARK (9TH) 47% 44% 39% 40%

NORTH MECKLENBURG (9TH) 26%

NORTHEAST 30% 28% 28% 28% 27% 28% 25% 26% 26% 26% 27% 29% 31% 32% 35% 37% 41% 33% 35% 35%

NORTHWEST (JR./MID. YRS) 48% 49% 50.3% 54% 50.3% 46% 58% 43% 44% 51% 50.1% 48% 55% 62% 61% 47% 43% 43% 41% 44% 46%

NORTHWEST YEAR-ROUND 49% 66%

NORTHRIDGE 49.5% 48% 50.5%

OLYMPIC (9TH) 44% 52% 48% 52%

PIEDMONT 30% 34% 30% 29% 31% 31% 29% 33% 30% 29% 31% 35% 35% 38% 38% 37% 32% 35% 36% 35%

QUAIL HOLLOW 38% 34% 31% 30% 29% 28% 28% 28% 31% 28% 30% 34% 35% 32% 34% 36% 35% 36% 36% 34% 32%

RANDOLPH 31% 29% 29% 29% 29% 31% 29% 29% 30% 32% 34% 31% 22% 22% 21% 22% 19% 20% 46%

RANSON 42% 43% 44% 46% 46% 46% 47% 47% 48% 50.3% 49% 47% 45% 44% 52% 52% 54% 56% 61% 65%
SEDGEFiELD MIDDLE 41% 39% 37% 36% 33% 33% 34% 38% 44% 50.1% 48% 51% 51% 53% 56% 49% 52% 51% 47% 46%

SMITH 47% 52% 46% 41% 38% 40% 46% 48% 50.5% 52% 47% 44% 42% 41% 39% 41% 42% 43% 44% 39% 45%

SOUTH CHARLOTTE 19% 15% 15% 15% 13% 12% 12%

4



SCHOOL ..-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 88-89 .-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99

S O U T H  M E C K LE N B U R G  (9TH) 36% 38% 42% 43%

S P A U G H 51% 50.1% 49% 49% 52% 52% 57% 55% 53% 55% 60% 62% 70% 76% 43% 43% 42% 42% 43% 44% 43%

W E S T  M E C K LE N B U R G  (9TH) 45% 44% 44% 45% 45% 43% 51% 46% 48% 49% 56% 53% 56%

W IL L IA M S 46% 43% 40% 40% 43% 44% 44% 49.9% 53% 58% 54% 56% 57% 63% 46% 44% 45% 44% 41% 42%

W IL S O N 36% 34% 38% 36% 37% 45% 48% 49.5% 48% 49.5% 51% 49% 49% 45% 51% 54% 59% 62% 69% 71% 71%

No. of Middle Schools Out of Compliance 1 3 3 3 3 3 4 3 5 7 9 6 9 9 11 9 10 11 11 9 12

% of Middle Schools Out of Compliance 5% 14% 14% 14% 14% 14% 19% 14% 24% 35% 43% 29% 43% 43% 50% 39% 42% 46% 44% 35% 43%

ALL HIGH SCHOOLS 34% 34% 34% 35% 35% 34% 33% 33% 34% 35% 37% 37% 37% 37% 37% 37% 37% 36% 38% 39% 40%

Shading •  Schools Out of Compliance (more than 50% African-American or -15% from District-wide high school African-American ratio)

BU TLE R 35% 34%

EAST M E C K LE N B U R G 23% 22% 19% 19% 19% 19% 18% 19% 20% 21% 24% 24% 24% 26% 28% 30% 31% 31% 32% 31% 32%

G A R IN G E R 30% 33% 33% 37% 41% 43% 44% 44% 47% 46% 45% 45% 46% 49% 56% 61% 63% 63% 63% 60% 61%

H A R D IN G 39% 40% 44% 49.8% 50.4% 51% 51% 48% 51% 54% 60% 62% 63% 60% 58% 52% 47% 45% 44% 44% 47%

IN D E P E N D E N C E 28% 28% 28% 27% 26% 23% 22% 19% 20% 22% 24% 25% 26% 28% 29% 31% 33% 33% 35% 37% 38%

M Y E R S  P A R K  H IG H 38% 41% 42% 44% 45% 42% 44% 41% 38% 39% 40% 41% 43% 42% 40% 36% 34% 33% 37% 36% 34%

N O R T H  M E C K LE N B U R G 34% 33% 35% 35% 35% 34% 32% 32% 32% 31% 32% 33% 33% 31% 30% 30% 25% 22% 22% 27% 27%

N O R T H W E S T  (H IG H  YRS) 35% 34% 38%

O LYM PIC 43% 45% 44% 46% 48% 46% 43% 42% 45% 49.8% 50.4% 43% 44% 42% 45% 47% 49.6% 48% 49% 50.4% 50.1%

PRO V ID EN CE — — — .......... — .......... — — — — — 32% 27% 23% 19% 15% 1 1 % 9% 9% 18% 18%

S O U TH  M E C K LE N B U R G 29% 28% 28% 28% 26% 28% 25% 24% 23% 23% 24% 29% 28% 31% 30% 32% 30% 33% 35% 29% 26%

VA NC E 46% 45%

W E S T  C H A R LO T TE 46% 48% 47% 45% 43% 43% 41% 44% 47% 50.1% 49% 49% 47% 46% 46% 48% 51% 54% 56% 64% 68%

W E S T  M E C K LE N B U R G  HIGH 34% 33% 33% 32% 33% 31% 34% 36% 40% 40% 43% 43% 43% 38% 42% 42% 44% 45% 53% 52% 54%

N o . o f  High Schools Out of Compliance 0 0 0 1 2 1 1 0 1 2 2 1 1 1 3 3 3 3 5 5 5

% of High Schools Out of Compliance 0% 0% 0% 10% 20% 10% 10% 0% 10% 20% 20% 9% 9% 9% 27% 27% 27% 27% 42% 36% 36%

TOTAL NO. OF SCHOOLS* 105 105 105 105 105 100 100 100 101 101 101 103 104 105 109 112 114 116 120 122 126
TOTAL SCHOOLS OUT OF COMPLIANCE 4 1 1 11 11 12 10 11 11 15 22 19 19 24 30 40 33 38 41 42 42 42

TOTAL % OUT OF COMPLIANCE 4% 10% 10% 10% 10% 10% 11% 11% 15% 22% 19% 18% 23% 29% 37% 29% 33% 35% 35% 34% 33%

Each school is counted only once, though grades may be show n as split between school levels.





Charlotta-Mecklenburg Board of EducaUon
Poet Offlca Box 30035
Charlotte, North Carolina 28230-0035
Telephone (704) 343-6228 Fax (704) 343-5739

Leslie J. winner 
General Counsel

MEMORANDUM

TO; Luke Largess

FROM; Leslie Winner \ ^
General Counsel

DATE: November 22, 1999

RE; Public Information Request

Attached hereto is the remaining information you requested in your public records 
request. As we discussed before, while these race based information was in the CMS 
data base, this information was not available to or used by the Administration in making 
its November 9,1999 recommendation to the Board of Education.



Chariatt e-Mecklenburg Schools
Post Office Box 30035
Chanotxa, Norm Carolina 20220-0033
Telephone {704) 379-7000

To: Leslie Winner
< /ypO

From: Eric J. Becoats

Re: Requested Student Assignment Data

Date: November 20,1999

Eric J. Smith, Ed.O- 
Superintendert

Outlined below is the information you requested regarding the student
assignment proposal for 2000-2001.

■ O f the 77,724 non-magnet, non-EC students, 57,721 who are attending 
a school today would have a “choice” to attend that same school under 
the new student assignment proposal. This would be accomplished 
through their home school assignment or through choice zones.

■ Under the new student assignment proposal, of the total number of non­
magnet, non-EC students who have a home school that is different from 
the school they are currently attending, at the elementary level 54% are 
black, 35% are white and 11% are other; at the middle school level 55% 
are black, 36% are white and 9% are other; at the high school level 44% 
are black, 47% are white and 9% are other.

■ Under the new student assignment proposal, of the total number of non­
magnet, non-EC students whose home school is the same as the school 
they are currently attending, 35% are black, 55% are white and 10% axe 
other.

I f  you have any questions please contact me at extension 6338.





( T h e  ( C h a r l o t t e  ( D b s e r u e r
.‘.com

Srimol Reassignment
...........  WEDNESDAY, NOVEMBER 1 0 ,1 9 9 9

METRO EDITION 50C

• **» 58111:1 SPECIAL SECTION: REASSIGNMENT
12-page guide to all the 
proposed changes for Detailed maps,

; 2000 01schoolyear j specifies on every school
I N S I D E  T O D A Y ’ S O B S E R V E R  IN  M E C K L E N B U R G  C O U N T Y

How to tell
Charlotte-Mecklenburg 
officials what you think

NEW DIRECTION: Eric Smith presents his proposal to board
T

Waiting for school plan 
ends; tug-of-war begins



Sweeping changes could shuffle as many as 65,000 students

PATRICK SCI INHDEfVStaff

J am ie  H o lt, 11, a s ix th -g rad er a t  A lexan der G raham  M id d le  S chool, lis ten s  w ith h e r m o th e r, Lyn , to  th e  p re se n ta tio n  o f C h a rlo tte -M e c k le n -  
burg S choo ls  S u p erin ten d e n t Eric S m ith ’s reass ig n m en t p lan  Tuesday night.

Highlights of the plan
■ Every student is 
guaranteed a school close 
to home. Satellite zones, 
midpoint schools and 
busing for integration are 
gone.

■ Many magnets move 
from center city to schools 
with available space. Three 
magnet programs 
discontinued. One new 
program added.

■ Feeder system 
determines "home school’’ 
assignment from 
elementary through high 
school.

■ Students have options to 
attend schools other than 
their home school.

More coverage
■ Full coverage, online 
forum: www.chariotte.com
■ Tommy Tomlinson on the 
crossroads of change, 1C
■ Magnet programs will 
see many changes, ID A

What do you think? E-mail your comments to local@charlotte.com or call 377-4444 and enter category code 2013.

By JENNIFER WING ROTHACKER
SlaffWriter

School board members pep­
pered Superintendent Eric 
Smith with questions Tuesday 
night as he unveiled his massive 
student reassignment proposal 
for next fall.

The plan comes as Ihe Char- 
lotte-Mecklenbuig disirici 
moves to end 30 years of court- 
ordered desegregation pr actices 
by giving parents more power to 
choose their child’s school

Tire sweeping plan sends stu 
dents to schools 
closer to home 
unless they 
choose to go to a 
magnet school or 
other school 
where space is 
available.
"Feeder pat­
terns” would es­
tablish where a 
child goes to ele­
mentary, middle 
school.

Attendance boundaries of 
many schools change under the 
plan. More than two dozen mag­
net programs would move to dif­
ferent schools, three existing 
programs would be eliminated 
and one new program would be 
added. The district would stop 
busing students out of their 
neighborhoods to racially diver­
sify schools.

Smith said the plan is intended 
to comply with the court order 
and provide “what we feel is a 
good, solid education ... regard­
less of where children live or go 
to school.”

With so much opportunity for 
movement, Smith estimates as 
many as 65,000 students -  about 
two-thirds of the entire student 
population -  could go to different 
schools next year under his plan.

The sheer scope worried some 
school board members.

“The disruption of over 60,000 
students, to me, is not educa­
tionally sound,” said at-large 
board member Wilhelmenia

Please see  SCHOOLS /  page  10A

Smith

and high

http://www.chariotte.com
mailto:local@charlotte.com


THE CHARI/riTE OBSERVER10A  WEDNESDAY. NOVEMBER 10.1999 «

C h a rlo tte -M e c k le n b u rg  school b o ard  C hairperso n  A rthur G riffin  ( le ft)  and  S u p e rin te n d e n t Eric S m ith  c h a t b e fo re  th e  s ta rt o f  th e  bo ard  m e e tin g  Tuesday n igh t a t  w hich S m ith  unveiled
his  school re a s s ig n m e n t plan .

Parents respond with elation, concern

Magnet
moves
leave
questions
Most center-city 
programs will shift

By CELESTE SMITH
Staff Writer

Dilworth and Winding 
Springs elementary schools 
would start magnet programs. 
Barringer and Bruns Avenue 
are among more than two doz­
en elementary schools where 
magnet programs would end. 
Three magnet programs would 
be eliminated.

These are a few of the 
changes in the Charlotte- 
Mecklenburg magnet program 
under the student-assignment 
proposal Superintendent Eric 
Smith announced Tuesday.

Most of the programs that 
end at one school begin at an­
other -  though that still leaves 
some uncertainty for some 
magnet parents.

Rebecca Yarbrough, PTA 
president at Barringer Aca­
demic Center, said while she’s 
glad the system plans to keep 
the program together at Bever­
ly Woods Elementary, she has 
many questions. Would the 
teachers agree to move to the 
different location? And would 
the program keep the same 
principal?

“That’s certainly a concern, 
because we love our staff,” she 
said.

School system officials say 
they had to move most mag­
nets out of the center city to 
make room in those schools for 
up to 7,000 children now bused 
to the suburbs.

The proposal is triggered by 
a recent federal court order 
banning race as a factor in stu­
dent-assignment plans.



Many questions center on program 
moves, chances for achieving equity

By MARY ELIZABETH DEANGEUS
StaffWriter

In northeast Mecklenburg 
County, Debra Allen saw a lot to 
like about Superintendent Eric 
Smith’s proposed reassignment 
plan, especially the part that has 
kids in her neighborhood going to 
schools close to home.

Cotswold Elementary parent 
Lynn Pope liked portions of the 
plan, including Smith’s idea to 
house an International Baccalau­
reate program at her school. But 
she’s concerned about what will 
happen to teachers, where the 
boundaries are and how the school 
would balance a traditional and 
magnet program.

Jackie Cuthbertson doesn’t like 
it at all. Smith’s plan eliminates the

accelerated leaming/lB program 
at First Ward Elementary.

As with all reassignments, 
Smith’s plan was met with mixed 
reactions Tuesday night.

Some parents are elated that 
their kids would stay put or go to 
schools closer to home.

“For my neighborhood, I’m 
thrilled, I think it’s a good thing,” 
Allen said. “There are pockets of 
the community that need re­
sources, and we as a community 
need to make sure they get them.”

She said the reassignment is a 
good step. “I feel school board 
members will make equity hap­
pen,” Allen said.

Others are upset their children 
face being moved from schools or 
programs they’re happy with.

Some want to know how Smith 
and his staff reached their recom­
mendations.

“My daughter has been in this 
program for three years, and sud­
denly they’re yanking it away from 
her,” Cuthbertson said. “I wonder 
why some schools were left un­
touched by these changes.”

Another school facing upheaval 
is Diiworth Elementary, which 
Smith proposes become a foreign- 
language immersion magnet. That 
would likely mean that students go 
to other schools, or compete for 
slots in the language program.

“All of us at Diiworth have really 
been committed to well-rounded 
schools, and having our children 
in an environment with friends of 
all backgrounds,” said one parent 
who asked that her name not be 
used.

“I’m concerned that we’re mov­
ing away from desegregation.”

The reassignment is a response 
to a federal court ruling that bars

the district from using race as a 
factor in assigning kids to schools.

That’s a position celebrated by 
neighborhood schools advocates, 
who say practices such as busing 
children to achieve racial balance 
don’t work and aren’t needed.

Others fear neighborhood 
schools will mean a return to a seg­
regated system, with predomi­
nantly poor, black children attend­
ing inferior urban schools while 
middle class children end up with 
newer suburban classrooms, bet­
ter teachers and more opportuni­
ties.

“They’re taking away what little 
we were able to gain. We’re going 
further backwards," said north 
Charlotte resident Linda Sims.

“This plan will undermine the 
chances of black students. Our 
black children can achieve. They 
are smart kids. But what will they 
do to ensure equity in the schools?

“That didn't happen in the past.”
Those are concerns Debbie

Crutchfield shares. She thinks her 
daughters, who attend IB magnets 
at Myers Park Traditional School 
and Myers Park High School, will 
likely be unaffected.

“I’m thrilled for me personally; 
my kids are fine,” Crutchfield said. 
“But I’m concerned about the over­
all equity in the schools. When you 
look at the overall picture -  what 
do you do?”

During the next few weeks, par­
ents will have chances to let Smith 
and the school board know what 
they think about the proposal. 
Some will try to persuade school 
leaders to make changes.

For some like Pope, it will be a 
time to learn a lot more about what 
the plans entail.

“ There are still an awful lot of 
questions,” she said.

Staff writer Steve Lyttle contributed 
to this article. Reach Mary Elizabeth 
DeAngelis at (704)358-5239 or 
mdeangelis@charlotte.com.

Smith Fs moving ahead with 
the proposal in the event that 
U.S. District Judge Robert Pot­
ter denies the school system’s 
request to delay the new stu­
dent-assignment plan for a 
year. The school system also 
asked Potter if it could exempt 
some magnet students from 
the new plan, in case the sys­
tem doesn’t get the stay.

The proposal includes 
changes to the popular visual 
and performing arts magnet at 
Northwest School of the Arts, 
which now houses grades 6 
through 12. The middle school 
students would move to Haw­
thorne Middle, leaving more 
room at Northwest for grades 9 
through 12.

“A lot of people want to get 
in, but they can’t because of the 
middle school kids,” said Joy 
Garland, a Northwest 10th- 
grader who likes the proposed 
change. “I think it’s a good 
idea. That will encourage more 
high school students to take the

mailto:mdeangelis@charlotte.com


Waiting is over; tug-of-war on proposal begins
SCHOOLS fro m  LA

Rembert.
Every board member had a long 

list of questions for Smith about 
the plan. Several questioned the 
placement of magnet programs. 
Others thought assigning stu­
dents to schools close to home 
would result in one-race, high- 
poverty schools in some areas.

“I am concerned, too, about an 
increase in the number of schools 
with high poverty,” board mem­
ber Louise Woods said. “Are there 
some other models out there that 
would in fact give some opportu­
nity to at least prevent some of 
that from happening?"

Board Chairperson Arthur Grif­
fin said the board and community 
would work together to come up 
with a satisfactory plan.

“We have not made any deci­
sions, and no decisions will be 
made without a thorough debate,” 
Griffin said.

Thursday, the school board will 
host the first of four public hear­
ings and 14 focus groups to dis­
cuss the plan.

District staff will then revise it 
and send it back for another 
round of public hearings before it 
goes to the school board for final 
approval Dec. 16.

Parents can also communicate 
directly with school officials and 
board members by e-mail and 
telephone (for details, see the 
School Reassignment section of 
today’s Observer).

The plan is in response to a law­
suit the school district lost to sev­
en parents who challenged the 
district’s use of race in student as­
signments.

After a trial last spring, U.S. Dis­
trict Judge Robert Potter ordered 
the schools to stop using race as a 
factor in future student assign­
ments.

The school board has appealed 
Potter's ruling and asked him for 
a year’s delay. In the meantime, 
it’s complying with the order by 
working on this new assignment 
plan.

The major changes in Smith’s 
proposal can be broken down into

PATRICK SCHNEIDER/Staff

Les lie  W in n er, a tto rn e y  fo r  th e  
school board , looks over th e  d e ­
ta ils  o f  S u p erin ten d e n t Eric  
S m ith ’s rea s s ig n m e n t p lan  Tues­
day  night.

Closer to home

Smith’s plan guarantees every 
student a seat in a school close to 
home -  called the "home school.”

District staff accomplished this 
In most cases by assigning stu­
dents to their closest elementary 
school. They then took the ele­
mentary schools and decided 
which middle and high schools 
those students would attend.

In most cases, all students who 
start elementary school together 
will attend middle and high school 
together under the plan’s “feeder 
system.” That pattern establishes 
which schools students attend 
throughout their school career.

“I think it all just makes sense, 
the schools being closer to where 
kids live,” said Emily Walters, a 
senior at Myers Park High School 
who attended Tuesday’s meeting. 
She said the plan “makes a lot of 
sense.”

The plan is organized by “high 
school feeder areas,” collections 
of elementary schools linked to a
h iffh  e rh n n l

home school is Crown Point Ele­
mentary are part of the Butler 
High School attendance area, so 
they will ultimately attend Butler -  
if they don’t transfer to another 
school or move from their home in 
the meantime.

If the plan is approved Dec. 16, 
the district plans to notify stu­
dents about their home school in 
January.

Choice
Every student belongs to a 

“choice zone” in Smith’s plan. The 
choice zone pairs the student’s 
high school attendance area with 
a neighboring high school atten­
dance area. For example, the dis­
trict has married the South Meck­
lenburg High attendance area 
with the Myers Park High atten­
dance area to create a choice 
zone.

Students may transfer to any el­
ementary, middle or high school 
within their choice zone if there is 
room.

The district will expand capac­
ity of a  school up to 110 percent to 
help create enough space and will 
provide transportation to that 
school.

Students may also transfer to a 
school outside their choice zone if 
there is room and if they’re willing 
to provide transportation.

If Smith’s plan is approved, stu­
dents will be asked to submit an 
application for transfer in Febru­
ary and will learn whether they re­
ceived it by May.

Magnets
Another choice is the magnet 

program, which changes in sev­
eral ways in Smith’s proposal.

The overall number of magnet 
seats stays about the same at 
18,000, while the number of loca­
tions drops from 45 schools to 44.

Many magnets would be relo­
cated from the center city, where 
home-school seats are needed, to 
schools that have space available. 
For example, Amay James Mon- 
tessori would move to Park Road 
Elementary. Barringer’s talent de­
velopment programs would relo­
cate to Beverly Woods Elementa-
ry.

T h e  nl.'in e l im in a te s  th r e e  n ro -

“We have not made any 
decisions, and no 

decisions will be made 
without a thorough 

debate.”
ARTHUR GRIFFIN

SCHOOL BOARD CHAIRPERSON

now at Lincoln Heights Elementa­
ry, the accelerated learning pro­
gram at First Ward Elementary, 
and the workplace magnets at Na­
thaniel Alexander and Morehead 
elementary schools, Martin Mid­
dle and Vance High.

It adds anew  Center for Leader­
ship, Global Economics and Fi­
nance at Olympic High School.

Several schools convert to mag­
nets under Smith’s plan. For ex­
ample, Dilworth Elementary 
would become a full magnet hous­
ing German, French and Japanese 
language-immersion programs. 
Full magnets have no home- 
school assignments. All students 
must apply.

Northwest School of the Arts 
would become solely a high 
school. Its middle school program 
moves to Hawthorne Middle.

Ranson Middle loses the Inter­
national Baccalaureate program 
started there this school year. 
Bruns Avenue Elementary would 
lose both its German immersion 
and environmental science mag­
nets, and its year-round program 
will be discontinued.

Under the plan, every student 
has a list of magnet schools to 
which the district will provide 
transportation. Students may ap­
ply outside of that listing, but they 
must provide their own transpor­
tation.

Parent Bev Inskeep left the 
board meeting with mixed feel­
ings. Her daughter’s magnet pro­
gram at Davidson IB Middle 
would remain intact under the 
proposal, but her son, now at 
Blythe Elementary, would move 
to Huntersville Elementary.

“I love the principal at Blythe,” 
Inskeep said. “She’s running an 
efficient school.”

If the nlan is anmoved. students

ary and should learn of their as­
signment by May.

Both the choice zone and mag­
net program lotteries are random, 
but priorities will be given to cer­
tain students, such as those whose 
home schools have less than 
50 percent of the students per­
forming below grade level.

While Smith’s plan maps out 
where magnet programs would 
be relocated, it does not answer 
one crucial question magnet par­
ents have: Will their child be able 
to continue with their magnet pro­
gram next year.

Current magnet assignments 
are based on a race-conscious lot­
tery, which Potter declared illegal. 
The district fears allowing current 
magnet students to stay where 
they are would violate Potter’s rul­
ing. The school board has asked 
Potter for clarification on the mat­
ter.

There are three other signifi­
cant changes:

■ Derita Elementary would 
serve as temporary space for stu­
dents who will attend the new 
Greenville Park elementary 
school when it opens in 2001. 
Morehead Elementary will be 
used as both a math/science and 
environmental studies magnet as 
well as a temporary space for stu­
dents who will attend the new 
Craighead Road elementary 
school when it opens in 2001.

■ Highland would not be used 
as an elementary school next 
year. Its future use is undeter­
mined.

■ Students assigned to the new 
southwest high school set to open 
in 2001 would temporarily go to 
Olympic High. Students assigned 
to the new north high school to 
open in 2001 temporarily go to ei­
ther Vance or North Mecklenburg 
highs.

■ Programs for exceptional chil­
dren have been relocated 
throughout the county. The Metro 
School for severely disabled chil­
dren won’t be relocated.

■ Alternative schools are re­
maining in their current locations.

Staff writer Celeste Smith contribut­
ed to this story. Reach Jennifer Wing 
Rothacker at (704) 358-507/ or iroth-

arts program.”
Trey Mack, a Myers Park 

High student, isn’t sure if the 
changes will allow him to stay 
in the school’s International 
Baccalaureate program. The 
school is keeping the magnet 
program, hut the proposal 
would change which students 
have a priority in getting in. 
Under proposed changes, Trey 
would go to Harding High’s IB 
program.

“I’ve been in Myers Park for 
two years. I’m known there.... 
I’m on the student government. 
If I went to Harding, I’d have to 
start all over again. I would feel 
better staying at Myers Park,” 
he said.

The proposed shifts also in­
clude moving one of the ele­
mentary schools offering the 
“traditional” program from 
Druid Hills Elementary to 
Winding Springs Elementary.

Three foreign language pro­
grams would move to one 
school. The programs at Reid 
Park (French), Biuns Avenue 
(German) and Sedgefield (Jap­
anese) elementary schools 
would move to Dilworth Ele­
mentary. Collinswood Elemen­
tary would keep the Spanish 
program.

The proposal would also end 
three magnet programs and 
not relocate them elsewhere: 
global studies at Lincoln 
Heights Elementary, acceler­
ated leaming/IB at First Ward 
Elementary, and the workplace 
magnet program at Nathaniel 
Alexander and Morehead Ele­
mentary schools, Martin Mid­
dle and Vance High.

Member Molly Griffin wor­
ries the plan may “add to the il­
lusion that these (magnet) pro­
grams are more valuable.”

Member Vilma Leake criti­
cized the proposal for leaving 
her region -  the western part of 
the center city -  without many 
magnets, and with older 
schools. “The westside is still 
the poor westside,” she said.

Board Vice Chairperson 
John Lassiter suggested that 
the school system poll the par­
ents with students at magnets 
moving to other locations to 
find out if they’ll follow the pro­
grams. “There’s a bit of a  guess 
going on” now, he said.



arlotte.com THURSDAY, NOVEMBER 11 ,1999

s c h o o l  r e a s s i g n m e n t  E x p e c t  b i g  c h a n g e s , b o a r d  m e m b e r s  s a y

Challenges to Smith’s plan 
for schools begin pouring in



Relocation 
of magnets 
draws fire

By JENNIFER WING ROTHACKER
Staff Writer

School board members may dif­
fer on what needs fixing in the 
sweeping student reassignment 
proposed by Superintendent Eric 
Smith, but they 
agree it definitely 
needs fixing.

“The overall 
opinion from what 
I heard in the com­
munity is that it 
needs a lot of 
work,” said board 
member George 
Dunlap. “If the 
hope (of the plan) 
is that nobody is happy, we’ve cer­
tainly done that.”

While some board members ap­
plauded the proposal's choice op­
tions, nearly all expressed con­
cerns about its magnet reloca­
tions and recommended school 
boundary lines.

Some challenged the plan’s 
guarantee of choice. Others cast 
doubts on the value of sending 
students to schools close to home.

“I generally believe the ele­
ments are correct and consistent 
with the court order and reflect 
the philosophy of the community 
-  that is that parents want the abil­
ity to choose where they go to 
school,” said board Vice Chair­
person John I-assiter.

But Lassiter added: “I don’t 
think in its current state it’s going 
to get passed. I think there will be 
a number of large-scale adjust­
ments and a significant number of 
smaller adjustments.”

Smith said he isn’t surprised by 
the board’s reaction.

“I think there’s going to be a sig­
nificant amount of change be­
tween what we presented last 
night and what the final adoptions 
will be,” Smith said Wednesday. 
“Willi something this massive in• I 1



Si'IkkiI Realignment.
AgukU 
to your 
option*

MORE COVERAGE
ON 14A : Calls to the schools' 
hot line logged about 400 calls 
by 5 p.m. Wednesday.
■ Ask Eric Smith.
■ How to reach school board 
members, other helpful 
information.
O N U N E : Complete coverage 
and maps, plus community 
forums are available at 
www.chariotte.com.
SPECIAL SECTION COPIES: 
You can still get copies of The 
Observer's 12-page School 
Reassignment guide (above), 
which was published 
Wednesday. Details, 14A

Parents’ debate just beginning
Changes are greeted 
with defiance, cheers

By PETER ST. ONGE, 
ANDREA K. WALKER 

and DAVID PERLMUTT
StaffWriters

Some learned the news early 
Wednesday, their eyes saucer­
ing wide as they dropped their 
children off at school.

Some learned the night be­
fore, and they came to school to 
share smiles or tears.

Others vowed to fight.
After months of hand-wring­

ing and quarreling over where 
Charlotte-Mecklenburg chil­
dren will be attending school 
next year, Tuesday’s school re­
assignment proposal brought 
only one sure answer: There will 
be much hand-wringing and 
quarreling to come.

On Wednesday, school hall­

CHRISTOPHERA. RECORD/Staff

S tu d en ts  
h e a d  to  th e ir  
buses  
W edn esday  
a fte rn o o n  a t  
W ilson M id ­
dle  Schoo l in 
C h a rlo tte .

ways and parking lots buzzed 
with talk of Superintendent Eric 
Smith’s new plan. The proposal, 
which could send as many as 
65,000 children to different 
schools next year, was met -  as 
any such sweeping blueprint 
would be -  with a mix of elation 
and despair, resignation and 
surprise.

“Everybody’s excited,” said

Mallard Creek Elementary par­
ent Debt Gallo, who said the 
plan would allow her third- and 
fifth-graders to stay in school 
with their neighbors at Mallard 
Creek, Alexander Middle and 
North Mecklenburg High.

“I think it’s crummy,” said 
Charlotte’s Nancy Poplin, who

P le a se  s e e  CHANGE /  p a g e  14A

scope, it would be unreasonable 
to expect no adjustments.”

Smith and his staff have spent 
the past two months creating a re­
assignment plan that could send 
as many as 65,000 students to new 
schools next fall. The plan re­
sponds to a ruling by U.S. District 
Judge Robert Potter that bans the 
use of race in student assignment.

The proposal, introduced to the 
public Tuesday, radically changes 
the way Charlotte-Mecklenburg 
assigns its more than 100,000 stu­
dents to schools. Rather than bus-

P le a se  s e e  SCHOOLS /  p a g e  14A

http://www.chariotte.com


THE CHARLOTTE OBSERVER

14A  THURSDAY, NOVEMBER 11,1999 FR O M  PAGE ONE

How to reach the school board

Here's how to contact Charlotte- 
Mecklenburg school board members. 

Arthur Griffin (chairperson)
Phone: 542-0764
E-mail: agriffin@bellsouth.net
Fax: 343-3761
John Lassiter (vice chairperson)
Phone: 542-1426
E-mail: lassiter@bellsouth.net
Fax: 343-3760
George Dunlap
Phone; 597-5980
E-mail: gdunlap@bellsouth.net
Fax: 343-5075
Molly Griffin
Phone: 376-5524
E-mail: rnbgriffi@bellsouth.net
Fax: 343-5683
Lindalyn Kakadelis
Phone: 543-6313
E-mail: kakadeli@bellsouth.net
Fax:343-5077
Vilma Leake
Phone: 556-7877
E-mail: vleake@bellsouth.net
Fax: 343-5684
Jim Puckett
Phone: 596-1145
E-mail: jhpucket@bell-

south.net 
Fax: 343-5682 
Wiihelmenia Rembert 
Phone: 543-5454 
E-mail: wrembert@be!l-

south.net 
Fax: 343-5160 
Louise Woods 
Phone: 536-0335 
E-mail: lwoods@bellsouth.net 
Fax: 343-5076

Photos by CHRISTOPHER A. RECORD/Stall

V o lu n te e r S te p h a n ie  Johnson (righ t) answ ers  ph one ca lls  a t  th e  Edu catio n  C e n te r  W ed n esd ay  fro m  p aren ts  c o n cern ed  a b o u t th e  s tu d e n t-re a s ­
s ig n m e n t prop osal fo r  ne x t fa ll.

Parents greet 
news with 
dread, cheers
CHANGE/rom  JA

has three children at west Char­
lotte’s Barringer Academic Cen­
ter, a magnet school. Under the 
reassignment proposal, Barringer 
would be reclaimed as a neigh­
borhood elementary school, with 
its magnet programs shipped to 
Beverly Woods Elementary in 
southeast Charlotte.

Sandra Hill’s son, Matthew, 
cried Wednesday before school 
when his mother told him what 
would be happening to Barringer, 
where he is in the third 
grade.“This is very emotional for 
all of us,” Hill said later. “We are 
very disappointed.”

Among the most distressed 
were parents at Derita Elementa­
ry, a north Charlotte school that 
would cease its current opera­
tions under the proposal and be 
used as a temporary facility for 
students whose schools are being 
built or renovated.

Robin Reid, parked outside 
Derita early Wednesday, flinched 
when she heard her son, IZarrien, 
could be attending second grade 
elsewhere next year. “He really 
enjoyed it here,” Reid said. “It’s a 
great school. I don’t know why it 
would be closed. Why change it?”

Those sentiments were echoed 
at Dilworth Elementary, where 
parents cried in the hallways after 
learning that the school could 
stop operating as a neighborhood 
and workplace transfer school 
and become a new French, Ger­
man and Japanese language-im­
mersion magnet school.

“1 am just stunned,” said Lorie 
Swift, who a year ago chose to buy 
a house near the school so her kin- 
dergartner could attend Dilworth. 
“The parents have worked so hard 
to make this a strong school, a 
school where the students have 
performed very well. Now essen­
tially they are taking that away as 
it exists.”

Most of the conversations at 
Dilworth before school Wednes­
day were about the plan. Parents 
said they had no inkling the

mailto:agriffin@bellsouth.net
mailto:lassiter@bellsouth.net
mailto:gdunlap@bellsouth.net
mailto:rnbgriffi@bellsouth.net
mailto:kakadeli@bellsouth.net
mailto:vleake@bellsouth.net
mailto:lwoods@bellsouth.net


Concerns about proposal pour in
S an d ra  Hill 
w alks  h e r 7 - 
y ea r-o ld  son  
M a tth e w  
across  th e  
s tre e t to  g e t to  
B arring er A ca­
d em ic  C en te r  
W edn esd ay  
m orning.

Questions for CMS?
The school district staff is 
available by phone, fax and 
e-mail to handle your questions 

and comments about the proposed 
student-assignment plan.
■ Call 343-6192 from 8  a .m .h 
7 p.m. weekdays.
■ Staff will answer questions

by e-mail. Send comments to 
feedback@cms.kl2.nc.us.

■ Fax questions or comments 
to 343-3647.

Public hearings
Four public hearings are scheduled in 
the next two weeks. To speak, call 
343-5199 between 8 a.m. and 
5 p.m. weekdays, or sign up at the 
hearing. All hearings begin at 6 p.m.: 

Today: West Charlotte High 
School, 2219 Senior Drive.

Monday: Myers Park High 
School, 2400 Colony Road, 

Tuesday: Vance High School, 
7600 IBM Road.

Nov. 22; Providence High 
School, 1800 Pineville- 
Matthews Road.

Focus groups
In the next week, school officials 

will hold focus groups at ever/ higi 
school with 20 to 30 parents of ele­
mentary, middle and high school stu­
dents. Eveiy school will be repre­
sented; school staff have already Is­
sued invitations.

On the Web
For coverage of the school reas­

signment plan and maps of new 
boundaries, go to www.char- 
lotte.com/schools/99assign.

The school districts Web site, 
www.cms.kl2.nc.us , offers a link to 
the student-assignment plan. Click­
ing on a school's name shows its pro­
posed attendance boundaries.

Maps, plans
A 160-page book detailing the plan is 
available at every school in tine dis­
trict; tlie Education Center, 701 East 
Second Street; and every public li­
brary in the county. In addition, maps 
of every school's proposed bound­
aries are posted at all schools.

Newsletter
Superintendent Eric Smith is issuing 
a newsletter Thursday about the new 
assignment plan called “Straight 
from Smith." It will be available at all 
schools. Smith will update the news­
letter as changes to the proposal are 
made. In addition, Smith is releasing 
another newsletter called “The Smith 
Report" once a quarter to offer addi­
tional wutate. m m  mmm

SCHOOLS fro m  LA

ing students out of their neigh­
borhoods to racially integrate 
schools, this plan guarantees ev­
ery student a seat in a school close 
to home.

It creates a feeder system that 
establishes where a child goes to 
elementary, middle and high 
school. It gives students options to 
transfer to magnet and nonmag­
net schools throughout the dis­
trict. And it moves more than two 
dozen magnet programs out of 
the center city and into schools 
with available seats.

A series of public hearings on 
the plan begins tonight at West 
Charlotte High School. Staff will 
revise the plan and put it through 
another round of public comment. 
Smith says he needs tire school 
board to approve a plan by Dec. 16 
so he can start preparing for next 
fall.

School board Chairperson Ar­
thur Griffin said while the dead­
line is important to meet, he wants 
to take whatever time is necessary 
to make the plan acceptable.

“I think I’ve been extremely 
consistent about the fact that I will 
take every effort to m ake sure we  
take the appropriate time to get it 
right,” Griffin said.

Getting it right could take quite 
a bit of time. School board mem­
bers Wednesday expressed con­
cerns large and small about the 
proposal.

Vilma Leake challenges a basic 
principle of the plan: Assigning 
students to schools close to home.

“What I’ve seen is that we are 
resegregating our system, not just

.1

on race but by poverty,” Leake 
said.

Board member Louise Woods 
also fears a separation of children 
by race and economics if Smith’s 
plan is implemented.

“I am concerned that we have 
choice options that don’t neces­
sarily offer diversity or guarantee 
diversity,” Woods said.

She suggests placing magnet 
programs in naturally diverse 
schools so parents who want di­
versity can select it.

Both Dunlap and Lassiter have 
contested the way Smith proposes 
relocating magnet programs, all

of which would be placed in 
schools with available space.

“Magnet schools have an ability 
to draw students to almost any ed­
ucational facility,” Lassiter said. 
“Put them in places where you 
need to draw kids.”

Dunlap questions whether the 
plan truly provides choice. Many 
of the options to transfer require 
that students provide their own 
transportation. Dunlap said that 
option is usually only an option 
for more wealthy families.

‘W ho are the ones least likely to 
have transportation? Inner-city 
children,” Dunlap said. “Who are

the ones most likely to go to the 
least desirable schools? Inner-city 
children.

“This plan gives the less advan­
taged less advantages, and gives 
advantages to the most advan­
taged,” he said.

Lassiter and Woods have con­
cerns about the plan’s feeder sys­
tem. The plan lets students who 
start elementary school go to mid­
dle and high school together. But 
not all students in middle school 
wind up at the same high school. 
In many cases, they split into dif­
ferent high schools.

“I think the attempt to give chil­
dren feeders is a good one, but I’m 
disappointed we haven’t done 
that in many cases,” Woods said.

Board member Jim Puckett dis­
agrees with how some of the 
“choice zones” were drawn. Stu­
dents can apply to any school 
within their choice zone and the 
district will provide transporta­
tion if they get in.

Puckett feels the West Meck­
lenburg High-new north high 
zone and the North Mecklenburg 
High-West Charlotte High zone 
don’t make sense.

But in general, Puckett said, he 
agrees with the plan’s foundation.

“I think that fundamentally and 
philosophically it is in line with 
what courts across the nation are 
indicating is acceptable,” Puckett 
said. “I think this is the only way 
you can legally and practically 
carve up the district.”

Reach Jennifer Wing Rnthacker at 
(704) 358-5071 or jrothacker@char- 
lotte.com.

“This is a self-sustaining totally 
integrated school, and they are 
about to uproot us,” said Terri 
Payne, who has a first-grader at 
Dilworth. “It’s just amazing. We 
have all worked very hard to make 
this school work, and poof, just 
like that, they want to blow it up. ”

Other parents were pleased 
with the reassignment proposal, 
even if their school would be hurt 
by the plan. At Derita, parent 
Mark Donato said he was in favor 
of any plan that encouraged chil­
dren to attend schools close to 
home. “That’s what they need to 
do,” he said. “A kid shouldn ’t have 
to go too far to go to school.”

Many parents, however, tem­
pered whatever joy or dread they 
felt Wednesday. The proposal, 
they know, is sure to change often 
as the school system fields com­
plaints, hosts public hearings and 
holds focus groups throughout 
November.

Already, some noted, school 
board members were picking at 
Smith’s plan Tuesday night. Said 
Derita’s Reid: “Now you’re going 
to hear more and more propos­
als.”

Several parents hope to take ad­
vantage of the indecision. At Dil­
worth, parents have scheduled a 
meeting at the school gymnasium 
at 6 p.m. Friday, and some also 
plan to attend the first reassign­
ment public hearing at 6 p.m. to­
day at West Charlotte High 
School.

In Quail Hollow Estates, several 
families were to huddle Wednes­
day night to figure out how to 
keep their kids in Quail Hollow 
Middle and South Mecklenburg 
High, just a stone’s throw away 
from their homes.

mailto:feedback@cms.kl2.nc.us
http://www.char-lotte.com/schools/99assign
http://www.char-lotte.com/schools/99assign
http://www.cms.kl2.nc.us
mailto:jrothacker@char-lotte.com
mailto:jrothacker@char-lotte.com


Television
Every school board meeting through 
the end of the year will be televised 
on cable Channel 21.

Observer special section
For copies of The Observer’s 12-page 
School Reassignment guide, send $1 
per copy to Observer School Reas­
signment, P.O. Box 32188, Char­
lotte, NC 28232. Or you can buy 
copies at The Observer office at 600 
S. Tryon St. Make checks to The 
Charlotte Observer.

Contact The Observer
The Observer wants to hear your 
questions, comments and concerns 
about Superintendent Eric Smith’s 
proposed student-assignment plan. 
Call us at 377-4444 and enter cate­
gory code 2013. Or you can fax your 
comments to reporters Jennifer 
Rothacker and Celeste Smith at 
358-5036. Or send e-mail tojroth- 
acker@chariotte.com orcelestes- 
mith@charlotte.com.

CORRECTION
An article in Wednesday’s 

Observer about Superinten­
dent Eric Smith’s student-as­
signment proposal incorrectly 
characterized one of the 
groups of students who would 
get a priority in lotteries for 
magnet and nonmagnet 
school seats. Students whose 
assigned “home schools” 
have more than 50 percent of 
students performing below 
grade level will be given a 
preference in the lotteries.

Questions keeping schools lines hot
Volunteers take mort

By MARY ELIZABETH DEANGELIS
StaffWriter

The calls started at 8 a.m 
Wednesday and didn’t let up ail 
day.

On one line, a woman whose 
son is a Myers Park High School 
junior and football player found 
out that under Superintendent 
Eric Smith’s proposed reassign­
ment plan, he’d go to South Meck­
lenburg next year. New school, 
new team, new class ring, she la­
mented.

On another, a mother wanted to 
know if her children can stay in 

, their magnet programs.
So it goes on the reassignment 

hot line, where district staffers 
and volunteers spent the day 
phone-to-ear in a tiny, window- 
less room, trying to find answers 
they didn’t always have.

Three to four people at a time,

than 400 calls
working in shifts, staffed the hot 
line, grabbing restroom breaks, 
chocolate chip cookies and water 
between relentless rings. By 
5 p.m., the hot line logged about 
400 calls. That’s not counting oth­
ers who tried to get through but 
couldn’t because of busy signals. 
Or who called other departments 
at the school system’s headquar­
ters.

“Tone is important!!!” an or­
ange sign on the wall reminded 
those answering phongs, and sug­
gested they keep their voices “Re­
assuring, friendly and calm!”

Retired McKee Road Elementa­
ry Principal Bill Pangle volun­
teered for a phone stint, and be­
tween 8 a.m. and 2 p.m. had 
talked to at least 85 people.

He resolved some questions 
quickly, by asking the person’s 
address, typing it into his comput­

er, and finding out the assigned el­
ementary, middle and high 
schools.

Others were tougher, like when 
people asked what the school 
board planned to do about 
“grandfathering” children into 
their programs, or whether sib­
lings would be able to go into the 
same schools.

“People are very nice -  some are 
just frustrated that this is happen­
ing to them," Pangle said.

The hot line brought back mem­
ories for retired school adminis­
trator Chris Folk, who spent the 
day helping answer faxes and e- 
mail.

Thirty years ago, he oversaw a 
similar operation after a federal 
judge ordered the system to de­
segregate its schools. This reas­
signment stems from another fed­
eral judge’s order that bans the 
district from using race as a factor 
in student assignments.

Back then, the district reas-

HOTUNE
The district plans to keep the 
hot line running until the vol­
ume of calls dies down. Hours 
are 8 a.m. to 7 p.m. weekdays. 
The number is 343-6192.

signed about 28,000 students over 
two years. This one could poten­
tially change where up to 65,000 
children go to school next year.

Then, school officials had 
phones in one hand and flip charts 
in another, This time, maps, ad­
dresses and assignments are com­
puterized.

“It’s really so much more so­
phisticated," Folk marveled. 
“Technology makes this so much 
faster.”

Reach Mary Elizabeth DeAngelis at 
(704)358-5239 ormdeangelis@char- 
lotte.com.

All of which had people ques­
tioning how any reassignment 
plan could be passed by the school 
board on Dec. 16, the day school 
officials are targeting.

“Change is difficult,” said South 
Charlotte Middle parent Melissa 
Hagopian. “I think it’s going to 
take a few years to iron things 
out.”

Staff writers Celeste Smith and Foon 
Rhee contributed to this article.

mailto:tojroth-acker@chariotte.com
mailto:tojroth-acker@chariotte.com
mailto:orcelestes-mith@charlotte.com
mailto:orcelestes-mith@charlotte.com
mailto:ormdeangelis@char-lotte.com
mailto:ormdeangelis@char-lotte.com


( C h e  ( C h a r l o t t e  ( D b s e r o e r

.vww.charlotte.com FRIDAY, NOVEMBER 1 2 ,1 9 9 9 METRO EDITION

S C H O O L  R E A S S I G N M E N T

Crowd jams hearing on schools plan



Speakers challenge magnet moves, worry about equity

N ea rly  7 0 0  peop le  a tte n d e d  th e  public  hearin g , am o ng  
th e m  R e n e e  H utch in so n , on e  o f d o zen s  w ho spoke.

By CELESTE SM ITH
StaffWHter

If the first student-assignment hearing 
Thursday night is any indication, Charlotte- 
Mecklenburg school officials have miles to go 
before earning communitywide support for Su­
perintendent Eric Smith’s plan.

Toting signs and clutching speeches, about 
700 parents attended the first public hearing at 
West Charlotte High School. Nearly 60 spoke 
on Smith’s proposal, which could change 
where more than half of the district’s children 
attend school next year. The school board 
wants to approve a plan next month.

Smith introduced the proposal Tuesday. Al­
ready several hot spots of protest have surfaced 
throughout the county. They include:

■ Piney Grove Elementary in east Charlotte. 
Parents spoke out Thursday against a proposal 
to house a Montessori magnet program there

because the change would move their children 
out of the school. Magnets enroll children from 
other areas of the county.

Jamie Burdette said the school’s veteran fac­
ulty, academic success and large number of 
neighborhood students who walk to school sig­
nify a stable school that should be left un­
touched.

“Why, as you strive to create successful, di­
verse neighborhood schools, would you destroy 
one that already exists?” Burdette asked board 
members.

■ Dilworth Elementary near uptown, which 
would house magnet programs in foreign-lan­
guage immersion. Parents want the school to 
stay the way it is, with children from the sur­
rounding Dilworth and Wilmore communities. 
The school also enrolls children whose parents

P le a se  s e e  PLAN /  p a g e  12A

Parents should listen well, answer questions calmly
By JEFF DIAMANT

Staff Writer
Your parenting handbook probably 

lacks a chapter on how to talk to chil­
dren after a proposal for massive 
school reassignment.

“My grandchildren don’t know why 
this thing is coming down like this, 
and 1 don’t know if I know how to ex­
plain it to them,” said 53-year-old 
Pearlie Campbell, the legal guardian 
for four elementary school children 
who would switch from Nathaniel Al­
exander to Oaklawn under the new 
proposal for Charlotte-Mecklenburg 
Schools.

“Basically, all they know is they’re 
going to be changing schools,” she 
said, “They feel real bad.”

The plan could shift school assign­
ments for as many as 65,000 of the dis­
trict’s more than 100,000 students. The 
key to addressing the subject with 
children, according to Charlotte-area 
psychologists who work with families, 
is being a good, calm listener:

Listen to your children’s fears about 
losing friends and familiar surround­
ings. Be honest with them while re­
membering that the reassignment 
plan announced Tuesday isn’t final. 
And don’t try to explain “Brown vs.

Board of Education” to a first-grader.
A parent’s behavior likely will be a 

child’s main guide in reacting to the 
changes, and without the proper direc­
tion, a child who’s upset might take his or 
her anger out on a new schoolmate, psy­
chologists say.

“If parents present this as a horrible 
thing, and say things like ‘You’re going to 
have a horrible time adjusting,’ then the 
child probably will,” said Charlotte psy­
chologist Charles Brown. “Parents should 
present it as a change that’s going to hap­
pen, and say things like, ‘It’ll be different,

P le a s e  s e e  PARENTS /  p a g e  12A

INSIDE

How to get copies of The Observ­
er's School Reassignment guide.
Howto reach school board mem­
bers, other information. 12A



12  A FBI DAY. NOVEMliKK 12.1999

Listen well, answer kids’ questions calmlyHowto reach 
the school board

Here's how to contact Charlotte- 
Mecktenburg school board mem­
bers.
A rthur Griffin  
(chairperson)
Phone: 542- 
0764
E-mail: agrif- 
fin@bell- 
south.net 
Fax: 343-3761 
John L ass ite r  
(vice c h a irp er­
son) Oriftin
Phone: 542-1426 
E-mail: lassiter@bellsouth.net 
Fax: 343-3760 
G eo rg e  D unlap  
Phone: 597-5980 
E-mail: gduntap@bellsouth.net 
Fax: 343-5075 
M olly  Griffin  
Phone: 376-5524 
E-mail: mbghffi@bellsouth.net 
Fax: 343-5683 
Lindalyn K ak a d e lis  
Phone: 543-6313 
E-mail: kakadeli@bellsouth.net 
Fax: 343-5077 
V ilm a L eake  
Phone: 556-7877 
E-mail: vleake@bellsouth.net 
Fax: 343-5684 
Jim  P u cke tt  
Phone: 596-1145 
E-mail: jhpucket@bellsouth.net 
Fax: 343-5682 
W ilh e lm e n ia  R em b e rt  
Phone: 543-5454 
E-mail: wrembert@bellsouth.net 
Fax: 343-5160 
Louise W oods  
Phone: 536-0335 
E-mail: lwoods@bellsouth.net 
Fax: 343-5076

Questions for CMS?
The school district staff is avail­

able by phone, fax and e-mail to 
handle your questions and com­
ments about the proposed stu­
dent-assignment plan.
■ Call 343-6192 from 8 a.m.

to 7 p.m. weekdays.
■ Staff will answer questions 

bye-mail. Send comments to 
feedback@cms.kl2.nc.us.

■ Fax questions or comments 
to 343-3647.

PARENTS fro m  1A

but i’m sure you have the abilities 
to deal with it well.’ ”

Of course, many families are 
thrilled with a new school assign­
ment closer to home. But if par­
ents want to challenge it, they 
should keep the child out of that 
fight, experts say.

“You don’t want to make the kid 
the one who carries the ban­
ner...,” Brown said. “That 
wouldn’t be helping the child 
learn to deal with authority in a 
productive fashion. Your goal is to 
help your child successfully make 
the transition.”

That could mean telling chil­
dren they’ll make new friends, 
and that they can visit old ones on 
weekends. But it also might mean 
teaching children about the reali­
ty that life can be unfair, said Ed 
Palmer, who chairs the psycholo­
gy department at Davidson Col­

lege.
“It’s important to let them know 

that sometimes, both they and we 
have to do things” because of the 
law, Palmer said. “We don’t like it, 
but we have to make the best of 
it."

Most therapists who were in­
terviewed said parents should 
consider talking with their chil­
dren about at least some of the 
history behind the reassignments 
-  if they feel the children will un­
derstand.

Brown said: “You can tell a first- 
grader that in the past, some peo­
ple weren’t being treated fairly, 
and the government needed to 
step in to protect people to make 
sure they were treated fairly. And 
that now the government is say­
ing those people are being treated 
more fairly. And so some of the 
rules are going to change.”

But, “If you sit down with a first- 
grader and try to have a detailed 
discussion about Brown vs. the

Board of Education, they’re not 
really going to understand,” said 
Patricia Hogan, a psychologist 
whose specialties include prob­
lem-solving and family therapy. 
“You find out what their questions 
are, and what they want to know.”

With older elementary school 
students, parents might try using 
words like “segregation,” “inte­
gration” and “busing,” they said.

“It’s important to let them know 
this wasn’t a random incident, 
that there were reasons that peo­
ple made these decisions,” said 
Donna Dillon-Stout, a psycholo­
gist in Charlotte.

Some psychologists recom­
mend wailing to talk in detail 
about a school change until after a 
plan is adopted, which won’t hap­
pen until Dec. 16 at the earliest. At 
least some tweaks are expected as 
the plan goes through four sched­
uled public hearings.

“If a younger child brings it up 
to you, talk with them,” Dillon-

Stout said. “If not, perhaps wait 
until there’s more certainty. 
Sometimes you can create anxi­
ety in a child, and then no changes 
come about.”

Linda de Castrique said she 
took the uncertain approach with 
her 12-year-old daughter Lindsay, 
who’s nervous about a slated 
change that would move her from 
Myers Park High School to East 
Mecklenburg.

“We watched the hearing live 
on cable,” de Castrique said. “1 
told her the plan we have is not 
going to be the final plan, that 
there could be changes.”

What if your child cries? Or 
yells at you?

“The line you get out of middle- 
schoolers is, ‘I’m not going to do 
it. I’m not going to that school,’ ” 
said Jim Selby, a psychology pro­
fessor at UNC Charlotte. His ad­
vice: “You just say, ‘Well, let’s talk 
about it. We really don’t have to 
decide today.’ ”

“It’s not going to happen until 
next August,” he said.

Still, many children will remain 
anxious. Peggy Phifer said her 12- 
year-old son, who now attends 
Cochrane Middle School, was up­
set when he learned he’s been as­
signed to Northeast Middle 
School.

“He was saying, ‘Can’t you talk 
to the principal? Can’t you do 
something,’ ” Phifer said. “I said, 
‘We’ll do whatever we can do to 
make sure you’re in a school 
you’re comfortable in.’ ”

For children who remain ner­
vous, an early trip to the new 
school can be calming, Dillon- 
Stout said.

“Go and walk through the 
school,” she said. “It becomes less 
of a mystery to the child. That usu­
ally helps to relieve a lot of anxi­
ety.”

Reach JeffDiamant at (704) 358- 
5059 or jdiamant@charlotte.com.

m o m

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H toortw  m

X ‘ .gjr,-* '
it i c*

it* f ■ . ** ■iifS

D i l w o r t h !  %  S a v e  p w o r t h !

ks ‘41

mailto:agrif-fin@bell-south.net
mailto:agrif-fin@bell-south.net
mailto:agrif-fin@bell-south.net
mailto:lassiter@bellsouth.net
mailto:gduntap@bellsouth.net
mailto:mbghffi@bellsouth.net
mailto:kakadeli@bellsouth.net
mailto:vleake@bellsouth.net
mailto:jhpucket@bellsouth.net
mailto:wrembert@bellsouth.net
mailto:lwoods@bellsouth.net
mailto:feedback@cms.kl2.nc.us
mailto:jdiamant@charlotte.com


Public hearings
Public hearings are scheduled in 
the next two weeks. To speak, call 
3435199 between 8 a.rn. and
5 p.m. weekdays, or sign up at 
the hearing. All hearings begin at
6 pm.:
M o n d a y , N ov. 15 : Myers Park 
I iigh School, 2400 Colony Road. 
Tuesday, Nov. 16: Vance High 
School, 7600 IBM Road.
M o n d ay, N ov. 2 2 : Providence 
High School, 1800 Pineville- 
Matthews Road.

Focus groups
In the next week, school offi­

cials will hold focus groups at ev­
ery high school with 20 to 30 par­
ents of elementary, middle and 
high school students. Every school 
will be represented; school staff 
have already issued invitations.

On the Web
For coverage of the school re­

assignment plan and maps of new 
boundaries, go to www.char- 
lolte.com.

Tlie school district's Web site, 
www.cms.kl2.nc.us , offers a link 
to the student-assignment plan. 
Clicking on a school's name 
shows its proposed attendance 
boundaries.

Maps, plans
A 160-page book detailing the 
plan is available at every school in 
the district; the Education Center, 
701E. Second St.; and every pub­
lic library in the county. In addition, 
maps of every school’s proposed 
boundaries are posted at all 
schools.

Newsletter
Superintendent Eric Smith has is­
sued a newsletter about the new 
assignment plan called "Straight 
from Smith.” It is available at all 
schools. Smith will update the 
newsletter as changes to the pro­
posal are made. In addition,
Smith is releasing a newsletter 
called "The Smith Report” once a 
quarter to offer additional up­
dates.

http://www.char-lolte.com
http://www.char-lolte.com
http://www.cms.kl2.nc.us


Television
Every school board meeting 
through the end of the year will be 
televised on cable Channel 21.

Observer special section
For copies of The Observer's 12- 
page School Reassignment guide, 
send $1 per copy to Observer 
School Reassignment,
P.O. Box 32188, Charlotte, NC 
28232. Or you can buy copies at 
The Observer office at 600 S.
Tryon St. Make checks to The 
Charlotte Observer.

Contact The Observer
The Observer wants to hearyour 
questions, comments and con­
cerns about Superintendent Eric 
Smith's proposal student-assign­
ment plan. Call us at 377-4444 
and enter category code 2013. Or 
you can fax your comments to re­
porters Jennifer Rothacker and 
Celeste Smith at 358-5036.
Or you can send e-mail to 
jrotliacker@charlotte.com or 
celestesmith@charlotte.com.

Crowd jams first public hearing on schools proposal
PLflNfrom/A “Separate was not eaual sense,” Pfaff said. ^PLAN fro m  1A

work nearby through a special 
transfer program.

“You wanted good schools in 
the city. You had it,” said parent 
Lemuel Turner. “And now you’ve 
blown it away.”

■ Center-city areas, which 
would lose most of their magnets. 
Smith has proposed moving the 
programs to free up classroom 
space for center-city children.

Speakers also warned that the 
plan would leave many city 
schools with a high concentration 
of poor students -  “a situation ed­
ucators and experts tell us is set 
up for failure,” said Jennifer 
Johnston, executive director of 
the Swann Fellowship, which 
promotes integrated schools.

Smith's plan is a response to a 
recent federal court ruling that 
orders the school system to stop 
using race in student-assignment 
plans.

The ruling means major 
changes in the way the system as­
signs its 101,000 students. As 
many as 65,000 kids could attend 
different schools this fall.

Instead of busing thousands of 
children out of their neighbor­
hoods to integrate schools, 
Smith’s proposal instead guaran­
tees nearby schools for every stu­
dent.

The proposal creates a feeder 
system that establishes where a 
child goes to elementary, middle 
and high school. It also gives stu­
dents options to transfer to mag­
net and nonmagnet schools

“Separate was not equal 
in the ’60s ... separate 

should not he tolerated in 
the new millennium, ” said 
Connie Carpenter of the 
Community for Inclusive 

Education.”
CONNIE CARPENTER

throughout the district.
Magnet programs would end at 

more than two dozen Schools. 
Most would move to other loca­
tions. Smith said the shifts would 
make room for as many as 7,000 
center city students now bused to 
the suburbs.

Other hearings and smaller ses­
sions with parents over the next 
two weeks could help determine 
the range of dissatisfaction -  or 
agreem ent-w ith the proposal.

“Before the (legal) case, you 
must have been on the right road, 
because all these parents now are 
saying 'I cave my school alone,’ ” 
said West Charlotte High parent 
Sherrill Coutourier.

A few parentspraised the pro­
posal. Brian Pfaff, whose daugh­
ter attends the Japanese immer­
sion program at Sedgefield Ele­
mentary, said Smith’s plan to 
move three ofthefour element ary 
school language programs under 
one roof at Dilworth Elementary 
would give the programs more 
support.

“We think it’s a great idea. Con­
verting the schools into one lan­
guage academy just makes

sense,” Pfaff said.
Others criticized the proposal 

for separating communities from 
schools they’ve long attended. 
Jan Homan of the Long Creek 
community in northwest Meck­
lenburg told board members that 
an earlier reassignment divided 
the community between Long 
Creek and Hornets Nest elemen­
tary schools. Now, the proposal 
would move a portion of the com­
munity again, this time to Paw 
Creek Elementary.

Others warned against moving 
too fast. “Dec. 16 is loo ambitious 
a timeline to try and finalize a pu­
pil-assignment plan that will un­
avoidably disrupt many lives,” 
said Carl Terrell, whose children 
attend magnet schools.

And parents of children with 
disabilities said the plan doesn’t 
provide them with the same 
choices as other children.

“Separate was not equal in the 
’60s ... separate should not be tol­
erated in the new millennium,” 
said Connie Carpenter of the 
Community for Inclusive Educa­
tion.

Board Chairperson Arthur 
Griffin said Smith and the board 
will consider all the points raised 
at the hearings. School planners 
will come up with a revised pro­
posal by Dec. 1, Three more public 
hearings will then be scheduled 
before the board votes on a final 
plan.

Staff writer Jennifer Wing Rothacker 
contributed to this article. Reach 
Celeste Smith at 358-5087 or celes- 
tesmith@charlotte.com.

o u i i . m k  oc iip e m e r retu rn s  to  ner s e a t a fte r  she speaking  to  a packed  
house a t  W est C h a rlo tte  H igh School Thursday night.

mailto:jrotliacker@charlotte.com
mailto:celestesmith@charlotte.com
mailto:celes-tesmith@charlotte.com
mailto:celes-tesmith@charlotte.com


( T h e  ( C h a r l o t t e  ( D b s e m r

>m SUNDAY, NOVEMBER 1 4 ,1 9 9 9

S C H O O L  R E A S S I G N M E N T :  M O R E  I N S I D E  O N  1 2 A , I B

Study details the transformation 
plan could make in student bodies

By JENNIFER WING ROTHACKER 
snd TEDMELLNIK

StaffWrlters
A school-by-school analysis of a new stu­

dent assignment plan for Charlotte-Meck- 
lenburg students shows dramatic change 
in a range of schools’ populations

Overall, more than half the students 
would be new at about 50 schools.

In addition, the plan would create 17 
schools that are at least 90 percent black or 
white. There are two such schools now.

And today there is only one school where 
at least 90 percent of students get free or re­
duced-price lunches, an indicator of low- 
and moderate-income households. Under 
the reassignment, that number would grow 
to nine.

That’s part of the picture that emerges 
from a Charlotte Observer comparison of 
proposed school-attendance areas re­
leased last week and present school bound­
aries. The new assignment plan is being 
proposed by Superintendent Eric Smith af­
ter a federal judge ordered the district to

stop using race in deciding where children 
go to school.

School board member Jim Puckett cau­
tions against judging schools solely on a 
few facts.

“I think those numbers sometimes tend 
to make parents prejudge the outcome of a 
school,” Puckett said. “They measure that 
as a potential failure.

“We are literally wiping the slate clean 
and starting over, and nobody should make 
any assumptions.”

It’s unknown for now how the statistics 
would be altered by the choices families 
would make about attending magnet 
schools or requesting to go to other 
schools, which would be allowed under 
Smith’s plan. The Observer’s analysis of 
the plan did not include magnet schools, 
which would draw students from wider ar­
eas.

But, Charlotte-Mecklenburg educators 
expect to face many challenges as they

.... P/easeseeANAlVsiS/pag'el2A

$1.50



12A  SUNDAY, NOVEMBER 14,1999 FR O M  PAGE ONE THE CHARLOTTE OBSERVER

Comparison of attendance areas
These lists compare present Charlotte-Mecklenburg school- 

attendance areas with those proposed by Superintendent Eric 
Smith, C hange is the percentage of students who would be moved 
to a new attendance area. Low Incom e is the estimated percentage 
of students, in the proposal, who’d come from low- and moderate- 
income families, based on applications for free and reduced-price 
lunches, as reported by CMS. The second figure is the percentage 
point change from the present attendance area. B lack shows the 
percentage of black students in an attendance area.

‘Partial magnets under the proposed reassignment plan. Com­
position of these schools could be changed by magnet choices be­
cause, in part, they will draw students from a wider area.

“ Full magnets under the proposed reassignment plan. They do 
not have an attendance area in the new plan. They would draw stu­
dents from several attendance areas. Future choices parents make 
would determine the makeup of these schools.

• “ Highland Elem. would be closed under the proposed plan. 
Derita Elem. would house temporary school assignments.

ELEMENTARY
School Chang# ' Low Income Black
Albemarle Road 22% 54% + 3 53% + 10
Allenbrook 56% 68% -2 59% +  1
Ashley Park 100% 90% + 2 8 87%
Bain 9% 7% -2 4% 0
Barringer 100% 89% + 58 96%
Berryhill 34% 62% -18 14% -3 6
Beverly Woods* 22% 8% -34 3% -43
Billingsville 100% 96% +  52 94% -
Blythe 100% 19 -25 11% -37
Briarwood 45% 76% -1 79% 0
Bruns Avenue 100% 94% + 5 6 94%
Chantilly 100% 86% + 2 7 58%
Clear Creek 58% 17% -28 11% -30
Collinswood**
Cornelius 14% 13% + 2 8% -1
Cotswold* 30% 33% -2 5 19% -2 6
Craighead 100% 87% 72%
Crown Point 50% 23% -23 22% -18
David Cox 100% 23% +  1 35% -

Davidson* 0% 11% + 2 11% +  1
D e rita *** -

Devonshire 69% 80% +  1 75% + 7
D ilw orth** -
Druid Hills 100% 92% + 3 3 94% -6
Eastover 53% 30% -10 19% -24
Elizabeth** -
Elizabeth Lane 25% 4% +  1 5% 0
First W ard** -
Greenville (2001) 100% 93% 91%
Greenway Park* 5% 36% -13 33% -9
Hawk Ridge 100% 2% 2%
Hickory Grove 16% 37% + 3 51% 0
Hidden Valley 11% 82% -1 92% +  1
H igh land*** -
Hornets Nest* 27% 58% + 2 1 56% + 5
Huntersville 43% 11% -27 7% -27
Huntingtowne Farms 8% 48% + 11 30% + 3
Idlewild 15% 64% -4 50% -5

Study details the effect proposal 
could have on schools’ makeup
ANALYSIS fr o m iA

bring change to the district’s ap­
proximately 140 schools.

“What is most important to me 
is whether or not our school dis­
trict will have the ability to edu­
cate large numbers of disadvan­
taged students,” said school board 
member George Dunlap, who is 
worried about the concentration 
of such students in a few schools.

Smith says he, too, is concerned 
about the numbers his plan gener­
ates, especially the poverty fig­
ures. He said there could be more 
schools in which more than 85 
percent of the students receive 
free or reduced lunch.

“High concentrations of pover­
ty is a concern,” Smith said.

The district plans to target 
schools with high percentages of 
free or reduced student lunches 
and provide them with extra re­
sources, such as specialized cur­
riculum, extended day programs 
and smaller teacher-student ra­
tios.

“It does not imply at all those 
children cannot learn. It just sug­
gests they need some additional 
support,” Associate Superinten­
dent Susan Purser said. “Chances 
are the adults at home are just try­
ing to get food on the table.’’But in 
many ways, Smith says, his hands 
are tied by the judge’s order. In re­
sponse to a lawsuit filed by seven 
parents contesting the district’s 
use of race in student assignment, 
U.S. District Judge Robert Potter 
ruled in September that the 
school district no longer has to in­
tentionally integrate its schools.

He then ordered the district to 
stop using race as a factor in fu­
ture assignments, effectively end­
ing 30 years of busing students 
out of their neighborhoods to ra­
cially diversify schools.

Smith last week unveiled a mas­
sive reassignment proposal that

CHANGING SCHOOLS
U p  to  6 5 ,0 0 0  s tu d e n t s  c o u ld  
c h a n g e  s c h o o ls  u n d e r  t h e  n e w  
a s s ig n m e n t  p la n .  H e r e ’s  a  
b r e a k d o w n  b y  r a c e  o f  th e  
p e r c e n ta g e  o f  s t u d e n t s  w h o  
w o u ld  o r  w o u l d n ’t  b e  a f f e c t e d

HI New school attendance area 
QSame school attendance area

Black

White
46%

(II 54%j
Other

51%

4 9 % ]

Staff graphic 

sis.
The analysis found that black 

students -  who now are most of­
ten bused out of their neighbor­
hood for integration -  would be 
most affected by the changes. 
Some 67 percent of black students 
would find themselves in different 
school-attendance areas under 
Smith’s plan.

That’s compared with 46 per­
cent of white students.

For its comparison of the cur­
rent and proposed school-atten­
dance areas, The Observer used 
data on where students lived dur­
ing the 1998-1999 school year. Stu­
dents were counted in the atten­
dance area in which they lived. It 
included schools that are sched­
uled to open in 2001.

Because the Smith plan would 
make school-attendance areas 
more compact, schools would 
more closely reflect the separa-

“I’m worried about diversity,” 
said school board member Louise 
Woods. “I believe there are many 
people in the schools who want 
that. It concerns me that proxim­
ity assignments don’t in many 
cases provide that opportunity.”

She proposes putting magnet 
programs in schools that are ra­
cially diverse because of their lo­
cation under Smith’s plan, so that 
parents could seek out those 
schools.

Some schools would see their 
numbers of low- and moderate- 
income students leap under 
Smith’s plan. Using data from this 
school year, Billingsville Elemen­
tary’s percentage of students on 
free or reduced lunch would grow 
from 44 percent to 96 percent. 
Eighteen schools would have at 
least 80 percent of their students 
on free or reduced lunches, com­
pared with nine now.

On the other end of the spec- 
tium, the number of school dis­
tricts with 10 percent or less of stu­
dents in the free or reduced-price 
lunch program also would in­
crease, from eight to 16.

To qualify for a free or reduced 
lunch, a family must meet certain 
income criteria. For example, a 
family of four that makes $30,895 
a year or less would qualify. In the 
Charlotte-Mecklenburg school 
district last year, about 38 percent 
of students were on free or re­
duced lunches.It’s not clear 
whether magnet schools could 
tend to even out these differences, 
or reinforce them.

In today’s schools, building di­
verse magnet schools has some­
times resulted in other schools be­
coming less diverse.

For example, the present atten­
dance area for predominantly 
black West Charlotte High is com­
posed of a small area around the 
school, a group of east-side neigh­
borhoods along University City 
Boulevard and Old Concord

HOW TO REACH THE  
SCHOOL BOARD

H e r e 's  h o w  to  c o n t a c t  C h a r ­
l o t t e - M e c k l e n b u r g  s c h o o l  
b o a r d  m e m b e r s .
A rthur Griffin (chairperson)
Phone: 542-0764 
E-mail: agriffin@bellsouth.net 
Fax: 343-3761 
John L as s ite r (vice  
chairperson)
Phone: 542-1426
E-mail: lassiter@bellsouth.net
Fax: 343-3760
G eorge  D unlap
Phone: 597-5980
E-mail:
gdunlap@bellsouth.net 
Fax: 343-5075 
M olly  Griffin
Phone: 376-5524 
E-mail:
mbgriffi@bellsouth.net 
Fax: 343-5683 
Lindalyn K akade lis
Phone: 543-6313 
E-mail:
kakadeli@bellsouth.net
Fax: 343-5077
Vilm a L eake
Phone: 556-7877
E-mail: vleake@bellsouth.net
Fax: 343-5684
Jim P ucke tt
Phone: 596-1145
E-mail:
jhpucket@bellsouth.net 
Fax: 343-5682 
W ilh e lm en ia  R em b ert
Phone: 543-5454 
E-mail:
wrembert@bellsouth.net 
Fax: 343-5160 
Louise W oods  
Phone: 536-0335 
E-mail: lwoods@bellsouth.net 
Fax: 343-5076

mailto:agriffin@bellsouth.net
mailto:lassiter@bellsouth.net
mailto:gdunlap@bellsouth.net
mailto:mbgriffi@bellsouth.net
mailto:kakadeli@bellsouth.net
mailto:vleake@bellsouth.net
mailto:jhpucket@bellsouth.net
mailto:wrembert@bellsouth.net
mailto:lwoods@bellsouth.net


Irwin Avenue Open* 100%
J H Gunn 30%
Lake Wylie 12%
Lansdowne 29%
Lebanon Road 21%
Lincoln Heights 100%
Long Creek 74%
M allard Creek 44%
Matthews 8%
McAlpine 0%
Mckee Road 0%
Merry Oaks 10%
Montclaire 42%
M orehead**
Myers Park**
Nathaniel Alexander 93%
Nations Ford . . 100%

O aM a* .
Oafchurct* v > 4%

, O a M m m  -' ' "’• H  ■. ,V, 100% v
O lde Providence 100%
Park R oad**
Paw Creek 10%
Pawtuckett 32%
Pineville 2 8 %
Pinewood 3 2 %
Piney Grove** -

Rama Road 27%
Reedy Creek 30%
Reid Park\A m ay James 100%
Sedgefield 49%
Selwyn* 76%
Shamrock Gardens 7%
Sharon* 35%
Smithfleld 41%
Starmount 28%
Statesville Road 51%
Steele Creek 35%
Sterling* 78%
Thomasboro 41%
Tuckaseegee* 7%
University Meadows 39%
University Park**
Villa Heights** .
Westerly Hills 0%
W inding Springs**
W indsor Park 56%
W interfield 18%

92% + 3 4 93%
41% -14 38% -10
14% -13 14% -21
18% -1 6 17% -12
32% -7 18% -19
91% + 3 6 94%
16% -26 18% -19

6% -1 5 17% 9
12% -3 6% -1

3% 0 5% +  1
1% 0 2% 0

72% -4 57% -1
63% -7 39% -14

51% +  14 56% -8
77% + 2 3 74%

50% *5 40% -9
47% • '  + 5 27% -6
92% + 3 1 95%

7% -13 9%

25%  ’ -19 14% -23
52 % -16 38% -25
28% -3 *5% -13
61% -3 34% -9

37% -7 29% -9
35% + 9 48% + 9
92% + 5 7 90%
83% + 2 71% +  14
28% -8 12% -36
76% -6 55% + 2

9% -33 8% -35
17% -29 12% -25
56% 0 41% + 8
67% -7 70% +  15
39% -6 43% -5
75% + 6 85% + 3 5
87% +  2 77% + 3
48% -21 37% -13
23% -21 34% -18

81% -3 77% + 3

57% -4 45% -5
60% -4 58% + 7

ends cross-town busing. He rec­
ommended all students be guar­
anteed a school close to home, 
called their “home school.” A 
feeder system would establish 
which elementary, middle and 
high school a student attends. If 
students want, they can try to 
transfer to either a magnet or an­
other school.

School officials estimate that 
the plan could result in as many as 
65,000 of Charlotte-Mecklen- 
burg’s 101,000students attending 
different schools next school 
year.

The changes would affect more 
than 60 percent of high school and 
middle school students, and an es­
timated 49 percent of elementary 
students, according to the analy-

tion of races and of economic 
groups in Charlotte’s neighbor­
hoods.

For example, South Mecklen­
burg High’s area would drop from 
27 percent black to 6 percent 
black. The school would lose a 
predominantly black inner-city 
feeder area west of uptown.

Overall, five schools would be 
over 90 percent white. Twelve 
would be over 90 percent black.

Several of today’s inner-city 
magnet schools would become 
predominantly black neighbor­
hood schools. These include Bar­
ringer, Billingsville, Bruns, Lin­
coln Heights and Oaklawn ele- 
mentaries; and middle schools 
J.T. Williams, Marie G. Davis and 
Spaugh.

Road, and south-side neighbor­
hoods along Randolph Road

Of the white high school stu­
dents who live in the two satellite 
attendance areas, only 31 percent 
actually attend West Charlotte. 
The rest attend magnets.

West Charlotte’s proposed at­
tendance area is a single district 
roughly centered on the school. 
Cross-town busing to integrate 
West Charlotte would end. Stu­
dents from around the county 
could still be bused to West Char­
lotte but only if they choose to 
take part in the school’s open 
magnet program.

Reach Jennifer Wing Rot h a c k e r  a t  
(7 0 4 )  358-5071 or irothacher<5*diar- 
Iotte.com.

To explore the attendance-area 
changes that could take place un­
der Chartotte-Mecklenburg’s pro­
posed school reassignment plan, 
The Observer started with com­
puter map data describing where 
approximately100,000 Chariotte- 
Mecklenburg students live. This 
data, for the 1998-99 school 
year, included the race and grade 
of students -  but not names or 
addresses.

This information was combined 
with computer maps of school at­
tendance areas for the 1998-99 
school year under the reassign-

H O W  W E  D I D  IT
ment plan to determine which stu­
dents live in which attendance ar­
eas under both plans.

The Observer’s study did not 
account for schools that would be 
magnets under the new plan.
They would draw students from 
wide areas. Students were 
counted only by the attendance 
area in which they live and not 
where they actually attend school.

The race groups used were 
white, black and "other.” Some 
schools have significant popula­
tions of other races, so the num­
ber of schools withmorethan90

percent white population is not 
equal to the number of schools 
with less than 10 percent black 
population.

The Chariotte-Mecklenburg 
school district provided estimates 
of students eligible for the free 
and reduced-price lunch program 
under existing schools and the 
proposed plan.

For more information, contact 
Ted Mellnik, database editor of 
The Observer, at (704) 358-5028 
or e-mail tmellnik@char- 
lotte.com.

Questions for CMS?
The school district staff is 

available by phone, fax and e- 
mail to handle your questions 
and comments about the pro­
posed student-assignment 
plan.
■ Call 343-6192 from 8 a.m. 

to 7 p.m. weekdays.
■ Staff will answer questions 

bye-mail. Send comments
to

feedback@cms.kl2.nc.us.
■ Fax questions or comments 

to 343-3647.

Public hearings
Public hearings are scheduled 
in the next two weeks. To 
speak, call 343-5199 between 
8 a.m. and 5 p.m. weekdays, 
or sign up at the hearing. All 
hearings begin at 6 p.m.: 
M onday: Myers Park High 
School, 2400 Colony Road. 
Tuesday: Vance High School, 
7600 IBM Road.
M o n d ay, Nov. 2 2 :  Providence 
High School, 1800 Pineville- 
Matthews Road.

Focus groups
In the next week, school offi­

cials will hold focus groups at 
every high school with 20 to 30 
parents of elementary, middle 
and high school students. Ev­
ery school will be represented, 
and school staff have already 
issued invitations..

On the Web
For coverage of the school 

reassignment plan and maps 
of new boundaries, go to 
www.charlotte.com.

The school district’s Web 
site, www.cms.kl2.nc.us, of­
fers a link to the student-as­
signment plan. Clicking on a 
school's name shows its pro- , 
posed attendance boundaries.

Maps, plans
A 160-page book detailing the 
plan is available at every school 
in the district; the Education 
Center, 701 East Second St.; 
and every public library in the 
county. In addition, maps of 
every school’s proposed 
boundaries are posted at all 
schools.

mailto:tmellnik@char-lotte.com
mailto:tmellnik@char-lotte.com
mailto:feedback@cms.kl2.nc.us
http://www.charlotte.com
http://www.cms.kl2.nc.us


MIDDLE
r a n p B M T ’ - T '  c l w f e i  S? F Low Income Black '■

Albemarle Road 65% 45% •5 49% 48
Alexander Graham * 39% 16% -3 0 13% -30
Alexander 89% 23% -6 24% 1
Bradley * 100% 15% -24 10% -32
Carmel * 65% 8% -2 4 9% -25
Cochrane 49% 68% -2 71% -2
Couiwood * 12% 32% -25 31% -19
Crestdale 100% 4% -6 5% -1
Davidson **
Eastway 64% 67% -16 49% -6
Hawthorne ** -
JT W illiams 100% 89% + 6 7 93%
Kennedy 20% 38% -1 45% -1
Marie G Davis 100% 90% + 6 0 94% 0
M artin 87% 54% + 11 63% -6
McClintock 50% 29% -9 26% -11
Northeast 24% 18% -21 11% -26
Northridge * 18% 35% -1 56% + 8
Quail Hollow 30% 23% -13 20% -13
Piedmont ** -
Randolph * 79% 47% -1 32% -12
Ranson 82% 66% + 3 65% +  18
Sedgefield * * -
Smith 42% 52% + 1 35% -8
South Charlotte 1% 3% -6 3% -10
Spaugh 100% 86% + 3 7 89% -
Wilson * 39% 56% -26 42% -24

HIGH
Lowincome Black

Butler 22% 9% -13 12% ' -23
East Mecklenburg * 96% 28% +  7 37% +  1
Garinger * 56% 51% + 2 62% + 9
H ard ing** - -
Independence * 57% 28% -4 43% 0
Myers Park * 53% 27% +  1 29% -11
New north 100% 6% 11%
New southwest 100% 37% 46%
North Mecklenburg * 63% 12% -6 29% -2
Olympic * 1% 23% -12 36% -1 0
Providence 47% 4% -9 7% -15
South Mecklenburg 47% 4% -16 6% -21
Vance 74% 37% + 1 6 68% + 1 8
West Charlotte * 79% 62% + 1 2 81% +  18
West Mecklenburg * 36% 51% + 8 64% +  11

H e r e  a r e  t h e  s c h o o ls  
d e s ig n a t e d  in  t h e  
p r o p o s a l  f o r  e x c e p ­
t i o n a l  c h i l d r e n  in  fa l l  
2000:

Preschool
H earing  im paired
Cotswold Elementary 
Myers Park Elemen­
tary
D eve lo pm en tally
de layed
Plaza Road Pre-kin­
dergarten
Starmount Elemen­
tary
Autistic
Idlewild Elementary 
Lansdowne Elemen­
tary
Lebanon Road Ele­
mentary
Morehead Elemen­
tary
Selwyn Elementary 
B ehavioraliy /em o- 
tio na lly  d istu rb ed
Tryon Hills Pre-kin­
dergarten
Cross C ateg o rica l
Double Oaks Pre­
kindergarten 
Elizabeth Lane Ele­
mentary
Hornets Nest Ele­
mentary
Plaza Road Pre-kin­
dergarten
Starmount Elemen­
tary
Lang uage
Tryon Hills Elementa- 
ty
Elementary
schools
H earin g  im p a ired
Cotswold

E X C E P T I O N A L  C H I L D R E N
Eastover Long Creek McClintock
Myers Park Mallard Creek Northeast
T ra inab le  m entally / Montclaire Piedmont
developm entally McKee Road Quail Hollow
hand icap ped Olde Providence Ranson
Devonshire Reedy Creek Sedgefield
Lincoln Heights Shamrock Gardens Smith
A utistic Tuckaseegee Spaugh
Idlewild University Park J.T. Williams
Lansdowne Villa Heights Wilson
Lebanon Road Winterfield Cross C ateg o rica l
McAlpine L ang uage J.M. Alexander
Morehead Rama Road Bradley
Oakdale Winding Springs Cochrane
Selwyn S t. M a rk ’s Couiwood
Westerly Hills Billingsville Marie G. Davis
B ehaviorally /em o- Collinswood Martin
tio n a liy  disturbed Crown Point Kennedy
Albemarle Road David Cox McClintock
Allenbrook Matthews Northeast
Ashley Park Merry Oaks Quail Hollow
Biltingsville Learn ing  disabled Ranson
Bruns Avenue Rama Road Smith
Chantilly Winding Springs. South Charlotte
Druid Hills O rthopedic Spaugh
Elizabeth Lane Oakhurst J.T. Williams
Huntersville

Middle schools
Wilson

J.H. Gunn Lang uage
Nations Ford H ea rin g  im paired McClintock
Oaklawn Randolph Ranson
Pinewood Tra in ab le  m en ta lly / S t. M a rk 's
Sedgefield d eve lo p m en ta lly Crestdale
Smithfield hand icap ped Alexander Graham
Statesville Road Smith Sedgefield
Steele Creek Randolph Learn ing d isab led /
Thomasboro A utistic o th er h e a lth  im ­
Windsor Park Alexander Graham paired
C ross C ategorical Northridge Carmel
Albemarle Road B eh aviorally /em o - O rthopedic
Ashley Park tio n a liy  d istu rb ed Randolph
Barringer 
Beverly Woods

Albemarle Road 
Carmel High schools

Briarwood Cochrane H earin g  im p a ired
Greenway Pant Couiwood Myers Park
Hickory Grove ■ Marie G. Davis T ra inab le  m en ta lly /
Hidden Valley Eastway d eve lo p m en ta lly
Lake Wylie Hawthorne hand icap ped
Lincoln Heights Martin East Mecklenburg

Providence
Newsletter
Superintendent Eric Smith is 
issuing a newsletter Thursday 
about the new assignment 
plan called “Straight from 
Smith.” It will be available at all 
schools. Smith will update the 
newsletter as changes to the 
proposal are made. In addition, 
Smith is releasing another 
newsletter called “The Smith 
Report" once a quarter to offer 
additional updates.

Television
Every school board meeting 
through the end of the year will 
be televised on cable Chan­
nel 21

Observer special section
For copies of The Observer's 
12-page School Reassignment 
guide, send $1 per copy to Ob­
server School Reassignment, 
P.O. Box 32188, Charlotte, NC 
28232. Or you can buy copies 
at The Observer office at 600 
S. Tryon St. Make checks to 
The Charlotte Observer.

Contact The Observer
The Observer wants to hear 
your questions, comments and 
concerns about Superinten­
dent Eric Smith’s proposed 
student-assignment plan. Call 
us at 377-4444 and enter cat­
egory code 2013. Or you can 
fax your comments to reporters 
Jennifer Rothackerand Celeste 
Smith at 358-5036.
Or you can send e-mail to 
jrothacker@chartotte.com or 
celestesmith@charlotte.com.

West Charlotte 
A utistic
Myers Park 
Vance
West Mecklenburg 
B eh aviorally /em o - 
tio n a lly  d isturbed
East Mecklenburg
Garinger
Harding
Independence
Myers Park
Northwest
Olympic
South Mecklenburg
Vance
West Charlotte 
West Mecklenburg 
C ross C atego rica l
Butler
East Mecklenburg
Garinger
Harding
Independence
Myers Park
North Mecklenburg
Northwest
Olympic
Providence
South Mecklenburg
Vance
West Charlotte 
West Mecklenburg 
Lang uage  
Myers Park 
S t. M a rk ’s 
Butler 
Harding
North Mecklenburg 
Olympic
West Mecklenburg 
Learn ing  d isab led / 
o th er h e a lth  im ­
pa ired
Independence 
O rthopedic  
East Mecklenburg

mailto:jrothacker@chartotte.com
mailto:celestesmith@charlotte.com

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