Memo RE: Alternate Remedial Plan

    (EDK MEMORANDUM 

TO: Sheff Legal Team 

FROM: Dennis Parker 

RE: Documents for 3/18/99 Meeting 

DATE: March 17, 1999 

  

In preparation for our upcoming meeting, attached is an alternate remedial plan, drawn 

up by Chris Hanson and some language intended to facilitate discussion about a submission to 

the legislature. 

Remember, the lawyers’ meeting will begin at 5:00pm on Thursday, March 18, one hour 

before the plaintiffs’ meeting. 

 



  

  

MEMORANDUM] 

TO; Dennis Parker 

FROM: Chris Hansen 

RE: Sheff remedy 

DATE: March 3, 1999 

  

| have been thinking about the problems with the remedy that Len has been 

discussing. | have an idea about a possible alternative. I'm not sure | like this 

alternative, but | thought | should present it to you to see what you thought. It is based 

on the principle that we don’t know what the right remedy is or how to get to that goal. 

The order would set certain goals and then have incentives, penalties, and 

timetables for those goals. | would see it something like this: 

1. Each district in the region shall move toward the overall regional percentage 

of Hispanic and African American students (each measured separately). 

2. Each district in the region shall move toward the overall regional percentage 

of Hispanic and African American faculty (each measured separately). 

3. Each district in the region shall move toward the overall regional percentage 

of Hispanic and African American staff (each measured separately). 

4. Each district in the region shall move toward the overall regional percentage 

of children eligible for receiving free and/or reduced lunch. 

5. In any year in which the district moves toward the goals set in paragraphs 1-3 

by at least 1%, the district shall receive an increase of state aid of 0.5% over the base 

(or beginning) year for each goal met. This aid shall be cumulative. Thus, if a district 

improves two years in a row, it shall receive an increase of 1% of state aid provided in 

1 

 



the base year. 

6. In order to receive the aid identified in paragraph 4, the district must show (or 

the state must determine): 

(a) that the percentage change was due primarily to actions of the district 

and not to ordinary demographic changes. 

(b) the index of dissimilarity for the district has not worsened by more than 

2 points. 

7. Each district in the region with scores on the test that are less than 

the mean for the region as a whole shall improve its average score by at least one 

percent per year. 

8. [SOME NON-TEST RELATED OUTPUT MEASURES SHALL BE MET] 

9. In any year in which the district moves toward the goals set in paragraphs 7-8 

by at least 1%, the district shall receive an increase of state aid of 0.5% over the base 

(or beginning) year for each goal met. This aid shall be cumulative. Thus, if a district 

improves two years in a row, it shall receive an increase of 1% of state aid provided in 

the base year. 

10. The state shall make available upto $ million for technical assistance to 

districts in meeting the goals outlined above. The state shall also publish within 180 

days of the date of this order a list of at least five methods by which districts can meet 

each of the goals outlined above. 

11. In any year in which fewer than 1/2 of all of the goals are met, the state shall 

[COME UP WITH SOME PENALTY ON STATE] 

12. The state shall fund two studies by qualified social scientists to evaluate and 

publish the results of the evaluation of the actions taken by the state to achieve the 

goals outlined in this order. 

In my mind, there are two big flaws in this. First, | haven't come up with enough 

either incentives or penalties to put compliance responsibility firmly on the state rather 

than the districts. Second, the principal incentives ($) are too dependent on legislative 

funding and the numbers I've chosen too arbitrary.. On the other hand, it leaves the 

method of compliance up to the state and the regions, which | think is a good thing. 

Let me know if you think this is worth circulating to our co-counsel.  



  

DRAFT 

In order to assure orderly and steady progress toward the reduction of racial and 

ethnic isolation, the legislature should pass legislation that: 

1) Requires all school in the region to meet a desegregation standard of student 

assignment defined as plus or minus a particular number of percentage points. The 

standard may be tailored to factors such as the type of school on the location of the school 

in the metropolitan area. Whatever the standard, it must be effective, that is, it must 

promise to achieve a meaningful reduction of racial and ethnic isolation region-wide; 

2) Requires all schools in the region to have proportions of African American 

and Latino staff which meet a statistical standard keyed to the proportions of African 

American and Latino staff in the public schools of the region. Whatever the standard, it 

must be effective, that is, it must be a standard that clearly will produce integrated staffing 

for the region’s schools; 

3) Sets an implementation timetable that requires that goals for reduction of 

racial and ethnic isolation be achieved within a reasonable, set period of years; 

4) Assures that financing to support the goals be provided sufficient to 

implement the goals while assuring economic equity; 

5) Requires the creation of specific procedures for monitoring the 

implementation of goals and timetables, reporting findings and recommending measures 

to assure effectiveness; and 

6) Establishes procedures and/or sanctions to address failure to reduce racial and 

ethnic isolation. 

 



  

FAX COVER SHEET 

TO: John Brittain 860/570-5242 
Sandy DelValle 516/496-7934 
Juan Figueroa 212/431-4276 
Chris Hansen 212/549-2651 
Wes Horton 860/728-0401 
Marianne Engelman Lado 212/802-5968 
Willy Rodriguez 860/541-5050 
Martha Stone 860/570-5256 
Phil Teleger 860/728-0287 
Elizabeth Sheff 860/527-3305 

FROM: Dennis Parker 

RE: Documents for 3/18/99 Meeting 

DATE: March 17, 1999 

NUMBER OF PAGES (INCLUDING THE COVER SHEET) 3 

IF YOU DO NOT RECEIVE THE NUMBER OF PAGES INDICATED ABOVE, 

PLEASE NOTIFY US IMMEDIATELY AT 212\219-1900. 

 



on REPORT xx AS OF MAR 17 ’99 di. sind 

COMMAND #124 

DATE TO/FROM MODE MIN/SEC = PGS STATUS 
3/17 : 860 570 5242 EC--S 2 005 OK 

; 15164967934 G3--S > 005 
2124314276 EC--S id 005 
2127304652 EC--S i 005 
8607280401 EC--S > 005 

212 802 5968 
860 570 5256 
860 728 0287 

527 3305 
203 541 5050 

FAX COVER SHEET 

John Brittain 860/570-5242 
Sandy DelValle 516/496-7934 
Juan Figueroa 212/431-4276 
Chris Hansen 212/549-2651 
Wes Horton 860/728-0401 
Marianne Engelman Lado 212/802-5968 
Willy Rodriguez 860/541-5050 
Martha Stone 860/570-5256 
Phil Teleger 860/728-0287 
Elizabeth Sheff 860/527-3305 

Dennis Parker 

Documents for 3/18/99 Meeting 

March 17, 1999 

NUMBER OF PAGES (INCLUDING THE COVER SHEET) 5 

IF YOU DO NOT RECEIVE THE NUMBER OF PAGES INDICATED ABOVE, 
PLEASE NOTIFY US|IMMEDIATELY AT 212\219-1900. 

   



* Tyr rmaTrON REPORT #3 AS OF MAR 5 '99 R PAGE. 1 

COMMAND #056 

DATE. TIME TO/FROM MODE MIN/SEC PCS STATUS 
001 3/05 19:15 15164267834 G3-~-8 ©5756 010 OK 

FAX COVER SHEET 

John Brittain 860/570-5242 
Sandy DelValle 516/496-7934 
Juan Figueroa 212/431-4276 
Chris Hansen 212/549-2651 
Wes Horton 860/728-0401 
Mariagne Engelman Lado 212/802-5968 
Willy Rodriguez 860/541-5050 
Martha Stone 860/570-5256 
Phil Teleger 860/728-0287 
Elizabeth Sheff 860/527-3305 

Dennis Parker 

Agenda for the March 8, 1999 Meeting 

March 3, 1999 

NUMBER OF PAGES (INCLUDING THE COVER SHEET) 10 

IF YOU DO NOT RECEIVE THE NUMBER O : F PAGES INDIC PLEASE NOTIFY US IMMEDIATELY AT 212\219.1909, ATED ABOVE,