Capaccione v. Charlotte-Mecklenburg Board of Education Swann Plaintiffs' Motion for Stay
Public Court Documents
October 29, 1999

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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 A LL -S TA TE ® L EG A L 80 0- 22 2- 05 10 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 ScN© 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