Defendants' Disclosure of Expert Witnesses

    NO, CV-89-0360577 8S 

MILO SHEFF, ET Al. : SUPERIOR COURT 

Plaintiffs 

3 JUDICIAL DISTRICT OF 

V. : HARTFORD/NEW BRITAIN 

3 AT HARTFORD 

WILLIAM A. O'NEILL, ET AL. : March 16, 1992 

Defendants 

DEFENDANTS' DISCLOSURE OF EXPERT WITNESSES 
  

Pursuant to the order of the court establishing a schedule 

for disclosure of expert witnesses, employees and consultants 

expected to present testimony at trial, the defendants offer the 

following amended list and disclosure. This disclosure is 

provided in lieu of the defendants' disclosure dated January 15, 

1992. 

The defendants wish to emphasize that the particular facts 

and opinions which will be offered by the witnesses listed below 

are not the only facts and opinions which the witnesses may offer 

at trial. The defendants expect to sUpplatient their disclosure 

after the plaintiffs have fully and finally answered the 

defendants' first set of interrogatories and requests for 

  

  

 



      

production and the defendants have had an opportunity to consider 

and prepare whatever response may be appropriate to claims made 

by the plaintiffs in response to that discovery. Defendants also 

expect to supplement this list with additional names and 

additional information as work now in progress and work to be 

undertaken after the plaintiffs fully and finally answer the 

defendants' interrogatories and requests for production 1s 

completed. 

ls Christine Rossell, Ph.D. (Expert Witness) Boston 
  

University, 232 Bay State Road, Boston, Massachusetts 02215: 

Dr. Rossell is a Professor of Political Science at Boston 

University. 

Professor Rossell is expected to testify that the State of 

Connecticut is responding appropriately to the educational 

conditions in the Hartford area by encouraging voluntary 

integration and compensating poor school districts for their 

poverty. 

  
 



      

Professor Rossell will base her testimony on her scholarly 

research of the following at least: 

l. the evolution of school desegregation; 

2. national school desegregation trends; 

3. measuring the effectiveness of school desegregation; 

4, the relative merit of voluntary and mandatory school 

desegregation plans; 

5. white flight as a function of desegregation; 

6. the effectiveness of specific approaches to 

desegregation; 1i.e., freedom of choice, majority-to-minority 

transfer, controlled choice, magnet schools, etc.; 

7. metropolitan-based desegregation plans; 

8. State of Connecticut policies and programs to encourage 

voluntary desegregation and to ald poor districts through 

compensatory funding, general and categorical. 

Among other things, Dr. Rossell will rely on her work 

entitled The Carrot or the Stick for School Desegregation Policy, 
  

Temple University Press, 1990. Dr. Rossell's resume has been 

  
 



      

provided to plaintiffs as Exhibit 19(a) of defendants' response 

to plaintiffs' fourth request for production. 

  

2. David Armor, Ph.D. (Expert Witness) 5006 Klingle Street, 

N.W., Washington, D.C. 20011: 

Dr, Armor is currently Visiting ‘Professor, Rutgers 

University; Consultant, American Institutes for Research; and 

President, National Policy Analysts. 

Dr. Armor 1s principal investigator for a grant to write a 

treatise on race, education and the courts; coprincipal 

investigator on a national study of magnet schools; and an 

associate investigator on a project that is conducting case 

studies of school districts with school choice policies. 

While Dr. Armor may testify on more than one topic, at this 

time he is expected to testify that research has demonstrated "no 

significant and consistent effects of desegregation on Black 

achievement." Dr. Armor may also offer opinions regarding 

reasons for the differences in performance on the CMT between 

  
 



      

Hartford and suburban children; however, his work in this area is 

not yet complete. 

Dr. Armor will base his testimony on his own original 

studies as 

concerning 

achievement. 

plaintiffs 

plaintiffs’ 

3. Dr. 

well as his scholarly analysis of the research 

the effects of desegregation on Black student 

Dr. Armor's resume has been provided to the 

8s Exhibit 1S(b) to defendants’ response to 

fourth request for production. 

G. Donald Ferree (Expert Witness) Institute for 
  

Social Inquiry, Roper Center for Public Opinion, P. O. Box 440, 

Storrs, Connecticut 06268: 

Dr. Ferree 1s the Associate Director of the Institute for 

Social Inquiry, University of Connecticut. Dr. Ferree's resume 

will be provided as Exhibit 19(d) to defendants' response to 

plaintiffs’ 

available. 

fourth request for production as soon as it is 

  
 



    

Dr. Ferree 1s expected to testify regarding proper methods 

and procedures for conducting a public opinion poll to ascertain 

the attitudes of Connecticut residents and/or groups of 

Connecticut residents. He is expected to present and explain the 

results of a survey conducted by Institute for Social Inquiry at 

the request of the Governor's Commission on Quality and 

Integrated Education. The results to that survey are summarized 

in the attachment to Exhibit 6 in support of the defendants’ 

motion for summary judgment. 

4, Dr. Pasquale Forgione (former DOE Consultant) c/o State 
  

Department of Education, 165 Capitol Avenue, Hartford, 

Connecticut 06106: 

Dr. Forgione is not expected to offer opinion testimony as 

an expert witness. Instead he will provide testimony regarding 

the development, implementation and analysis of the CMT and CMT 

results. The specific analysis of CMT results which will be 

described by this witness have been provided to the plaintiffs in 

Exhibit 16(f) of defendants' response to plaintiffs' first    



      

request for production, Exhibit 18(d) of defendants' response to 

plaintiffs’ second request for production, and Exhibit 10(c) of 

defendants' response to plaintiffs' third request for production. 

5. Dr, Douglas Rindone ‘DOE Consultant) c/0C - State   

Department of Education, 165 Capitol Avenue, Hartford, 

Connecticut 06106: 

Dr. Rindone is not expected to offer opinion testimony as an 

expert witness. Instead he may provide testimony regarding the 

development, implementation and analysis of the CMT and CMT 

results. The specific analysis of CMT results which will be 

described by this witness have been provided to the plaintiffs in 

Exhibit 16(f) of defendants’ response to plaintiffs’ first 

request for production, Exhibit 18(d) of defendants' response to 

plaintiffs’ second request for production, and Exhibit 10(c) of 

defendants' response to plaintiffs' third request for production. 

ig Dr. William Congero (DOE: Consultant) C/O State 
  

Department of Education, 165 Capitol Avenue, Hartford, 

Connecticut 06106: 

  
 



      

Dr. Congero is not expected to offer opinion testimony as an 

expert witness. Instead he may provide testimony regarding the 

development, implementation and analysis of the CMT and CMT 

results. The specific analysis of CMT results which will be 

described by this witness have been provided to the plaintiffs in 

Exhibit 16(f) of defendants' response to plaintiffs’ first 

request for production, Exhibit 18(d) of defendants response to 

plaintiffs' second request for production, and Exhibit 10(c) of 

defendants' response to plaintiffs' third request for production. 

7. Dr. Peter Behuniak (DOE Consultant) c/o State Department   

of Education, 165 Capitol Avenue, Hartford, Connecticut 06106: 

Dr. Behuniak is not expected to offer opinion testimony as 

an expert witness. Instead he may provide testimony regarding 

the development, implementation and analysis of the CMT and CMT 

results. The specific analysis of CMT results which will be 

described by this witness have been provided to the plaintiffs in 

Exhibit 16(f) of defendants' response to plaintiffs' first 

request for production, Exhibit 18(d) of defendants' response to 

  
 



      

plaintiffs’ second request for production, and Exhibit 10(c) of 

defendants' response to plaintiffs' third request for production. 

8. Dr, Elliot Williams (DOE Consultant) c/o State   

Department of Education, 165 Capitol Avenue, Hartford, 

Connecticut 06106: 

Dr. Williams is not expected to offer opinion testimony as 

an expert witness. Instead Dr. Williams will provide information 

regarding existing and planned programs promoting interdistrict 

cooperation and improving integration. Specifically Dr. Williams 

will describe and verify the accuracy of the information found in 

Exhibits 3(x-z) to the defendants' response to plaintiffs' second 

request for production. 

  

S. Dr. Robert Brewer (DOE Consultant) c/o State Department 

of Education, 165 Capitol Avenue, Hartford, Connecticut 06106: 

Dr. Brewer 1s not expected to offer opinion testimony as an 

expert witness. Instead Dr. Brewer will offer testimony 

regarding state grants to local school districts generally and 

  
 



      

the state's financial contribution to the school districts in 

what the plaintiffs have described as the Hartford area in 

particular. Dr. Brewer will attest to the accuracy of the 

information found in Exhibits 4(ee) and 7 of defendants’ response 

to plaintiffs' second request for production. 

10. Dr. Peter Prowda (DOE Consultant) c/o State Department   

of Education, 165 Capitol Avenue, Hartford, Connecticut 06106: 

Dr. Prowda is not expected to offer opinion testimony as an 

expert witness. Instead Dr. Prowda will offer testimony 

regarding the analysis of comparative rates of absenteeism 

provided to the plaintiffs as Exhibit 7(a) of the defendants’ 

response to plaintiffs' first request for production. 

1. Dr. Theodore Sergi (DOE Consultant) c/o State   

Department of Education, 165 Capitol Avenue, Hartford, 

Connecticut 06106: 

Dr. Sergi is not expected to offer opinion testimony as an 

expert witness. Instead Dr. Sergi will offer testimony regarding 

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the background, implementation and effectiveness of the state's 

priority school district grant program. Dr. Sergi's testimony 

will include an explanation of the analysis found in Exhibit 

4(ff) of defendants' response to plaintiffs' second request for 

production, 

12. Dr. Thomas Breen (DOE Consultant) c/o State Department   

of Education, 165 Capitol Avenue, Hartford, Connecticut 06106. 

Dr. Breen 1s not expected to offer opinion testimony as an 

expert witness. Instead Dr. Breen will offer testimony regarding 

the racial and ethnic composition of schools and school districts 

throughout the state. He is also expected to focus on the racial 

and ethnic composition of the schools in Hartford and those towns 

which plaintiffs have identified as "suburban" communities for 

the purpose of this suit. Among other things Dr. Breen is 

expected to verify the accuracy of the information contained in 

Exhibits 4(a) and 18(a-x) of defendants' response to plaintiffs’ 

fourth request for production. He will also verify the accuracy 

of certain other analysis of the racial and ethnic composition of 

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the school in Hartford and the "suburban" communities which will 

be disclosed to the plaintiffs in the near future. 

13. Mr. Lloyd Calvert (Expert Witness) c/o Office of the   

Attorney General, 110 Sherman Street, Hartford, Connecticut 

06105: 

Mr. Calvert is the former Superintendent of Schools in West 

Hartford, Trumbull and Windsor and former Assistant 

Superintendent of Schools in Hartford. He 1s now serving as 

educational consultant to the Office of the Attorney General in 

regard to the Sheff v. O'Neill case. Mr. Calvert's resume is   

being provided to the plaintiffs as Exhibit 19(c) to defendants’ 

response to plaintiffs' fourth request for production. 

Mr. Calvert is expected to testify regarding the racial and 

ethnic composition of the Hartford public schools and certain 

trends regarding the racial and ethnic composition of the 

Hartford public schools in comparison to the 21 school districts 

which plaintiffs have chosen to designate as suburban school 

districts. Tables and data which Mr. Calvert will rely on will 

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be disclosed in response to the plaintiffs' earlier production 

requests as soon as they are in final form. 

Mr. Calvert will also testify regarding the state's efforts 

to address the needs of disadvantaged and urban children since 

the 1920's as evidenced in records of the State Board of 

Education and his own work and experience. 

14. Dr. Thomas E. Steahr, (Expert witness) c/o College of   

Agriculture and Natural Resources, University of Connecticut, Box 

U-22, Room 318, 1376 Storrs Road, Storrs, CT 06269-4021. 

Dr. Steahr is presently serving as a full professor in the 

Department of Agriculture and Resource Economics of the 

University of Connecticut. Further details regarding his 

background and experience can be found in Exhibit 19(e) to the 

efondantis response to plaintiffs’ fourth request for 

production. 

Dr. Steahr is expected to offer testimony regarding 

demographic patterns and trends in Connecticut generally and in 

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the area which the plaintiffs have defined as the suburban 

Hartford area in particular. His testimony is expected to focus 

on the following facts and opinions: 

l. Based upon an analysis of conius data and vital 

statistics it appears that the populations of that area which has 

been defined by the plaintiffs as "suburban Hartford" are 

becoming more diverse; i.e., individuals from traditionally 

recognized minority groups are locating in the suburban towns at 

an increasing rate. 

2s The steady increase in the growth of the minority 

population in the towns which have been identified as suburbs of 

Hartford runs counter to the notion that people from these 

minority groups are "trapped" in Hartford because of their race 

or national origin. 

3. There has been a significant change in the composition 

of the "minority" population in Hartford. The evidence suggests 

a net out migration of African Americans and a significant 

increase in the Hispanic or Latino population. 

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4. Concentrations of people of similar ethnic backgrounds 

in particular areas or towns is a natural phenomena which can and 

does occur without government promotion or sponsorship. 

By The concentration of African American and Hispanic or 

Latino citizens in Hartford and other urban areas of the state 

which 1s present today was not clearly foreseeable in the early 

1300s given the limited information which was available at that 

time and the uncertainties of making these kinds of predictions 

even under the best of circumstances. 

The testimony and opinions which Dr. Steahr is expected to 

offer will be grounded on his many years of study and research in 

the area of demographics and particularly his study of 

demographic patterns in the State ‘of Connecticut. He will also 

rely on his analysis of census bureau data and data regarding 

vital statistics maintained by the State Department of Health 

Services. Tables and charts which Dr. Steahr has relied on to 

form his opinions will be provided to the plaintiffs as soon as 

they are in final form.    



      
This is to certify that a copy of the foregoing was mailed 

FOR THE DEFENDANTS 

RD “GRAERY. 
ATT yd AU 

By: 43 No Vid 
  

A R. Whelan - Juris 085112 
sistant Attorney General 
0 Sherman Street 

artford, Connecticut 06105 
Tel: 566-7173 

CERTIFICATION 
  

postage prepaid to the following counsel of record on 
March 16, 1992: 

John Brittain, Esq. 
University of Connecticut 
School of Law 

65 Elizabeth Street 
Hartford, CT 06105 

Wilfred Rodriguez, 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Bartford, CT 06112 

Philip Tegeler, Esq. 
Martha Stone, Esq. 
Connecticut Civil Liberties Union 
32 Grand Street 

Hartford, CT 06106 

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Wesley W. Horton, Esq. 
Mollier, Horton & Fineberg, P.C. 
90 Gillett Street 
Hartford, CT 06105 

Ruben Franco, Esq. 
Jenny Rivera, Esq. 
Puerto Rican Legal Defense and Education Fund 
99 Hudson Street 
14th Floor 
New York, NY 10013 

Julius L. Chambers, Esq 
Marianne Lado, Esq. 
Ronald Ellis, Esq. 
NAACP Legal Defense Fund and 
Educational Fund, Inc. 
S9 Hudson Street 
New York, NY 10013 

John A. Powell, Esq. 
Helen Hershkoff, Esq. 
Adam S. Cohen, Esq. 
American Civil Liberties Union 
132 West 43rd Street 
Ney York, NY 1 336, 

(LS 
JghhiR. Whelan 
Assistant Attorney General 

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