Memo RE: Alternate Remedial Plan

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Impact area
- Education
Topic
- School Desegregation
Matter
- Sheff v. O'Neill
Case
- Sheff v. O'Neill
U.S. state
- Connecticut
Collection
- Case Files
Taxonomy
Identifier
- b62b1bb8-a146-f011-877a-002248226c06

Cite this item

Case Files, Sheff v. O'Neill Hardbacks. Memo RE: Alternate Remedial Plan, 1999. b62b1bb8-a146-f011-877a-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/f13efaab-1a01-41e0-808a-91dd9da46336/memo-re-alternate-remedial-plan. Accessed November 02, 2025.

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(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

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

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,

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Memo RE: Alternate Remedial Plan

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