in the united states district court for the eastern...

14984880.1.LITIGATION

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF NORTH CAROLINA

OLD WASHINGTON DIVISIONNO. 6:69-CV-702-H

RONDA EVERETT, MELISSA GRIMES, CAROLINE SUTTON and CHRISTOPHER W. TAYLOR, next friends of minor children attendingPitt County Schools, and THE PITT COUNTY COALITION FOR EDUCATING BLACK CHILDREN,

)))))))))))))))

JOINT PRETRIAL ORDERPlaintiffs,

v.

THE PITT COUNTY BOARD OF EDUCATION,public body corporate,

Defendant.

Pursuant to the May 10, 2013, Pretrial Conference Report in this matter and Local Rule

16.1(c), Defendant Pitt County Board of Education and Plaintiffs Ronda Everett, Melissa

Grimes, Caroline Sutton, Christopher W. Taylor, and the Pitt County Coalition for Educating

Black Children, by and through counsel, propose the following:

I. STIPULATIONS

A. Factual Stipulations

1. This action originated in two separate suits filed in the 1960s against

the former Greenville City and Pitt County boards of education – Edwards v. Greenville

City Board of Education, Civ. A. No. 702, and Teel v. Pitt County Board of Education, Civ. A.

No. 569.

2. In Teel, the Court entered orders on August 5, 1968, August 10, 1970,

and March 8, 1972. These orders are identified in Section III as Joint Exhibits 1, 2, and 3,

respectively.

Case 6:69-cv-00702-H Document 148 Filed 07/10/13 of 36

2

3. In Edwards, the Court entered orders on July 7, 1970, July 31, 1970,

and January 17, 1972. These orders are identified in Section III as Joint Exhibits 4, 5, and 6,

respectively.

4. The Teel order of August 10, 1970 required the former Pitt County

Schools to construct four new high schools during the 1970-71 academic year. All four high

schools were constructed and opened within the 1970-71 academic year.

5. The current Pitt County Board of Education was formed in 1986

through the merger of the Pitt County and the Greenville City boards of education. The local

act that accomplished the merger is N.C. Sess. L. 1985-796, which is identified in Section III as

Joint Exhibit 7.

6. Since the merger, the total enrollment of Pitt County Schools has

increased by approximately 6500 students.

7. Since merger, the Pitt County Board has opened the following new

school facilities in the following years:

Wintergreen Int. (3-5) 1988

Stokes (K-8) 1992

Wintergreen Prim. (K-2) 1997

H.B. Sugg (K-2) 2000

Northwest (K-5) 2000

South Central High Sch. (9-12) 2000

Creekside (K-5) 2005

Hope Middle Sch. (6-8) 2006

Ridgewood (K-5) 2008

Lakeforest (K-5) 2011


3

The Board has also closed or re-purposed four schools since the merger:

Agnes Fullilove 1995 (closed)

Third Street 1990 (closed)

Greenville Middle 1992 (closed)

Sadie Saulter 2011 (re-purposed as Pre-K center)

8. Pitt County Board of Education Policy 6.201, in effect since at least

November 7, 1994, requires that transportation be provided to all eligible students. All

students regardless of race qualify for transportation based on the distance of their residence to

their assigned school.

9. Since at least 2009, the Pitt County school system has been

transporting approximately 12,500 students each day, utilizing more than 200 school buses.

10. The average travel time for white students was 49.2 minutes in 2009

and 45.6 minutes in 2012. For African-American students the average travel time was 40.8

minutes in 2009 and 38.5 minutes in 2012.

11. The percentage of black teachers in the Pitt County Schools for the 2011-

12 school year was 14.9 percent.

12. The percentage of black principals in the Pitt County Schools has averaged

approximately 30 percent over the past eight years, and it was 27.3 percent in 2011-12.

13. The Board adopted a new student assignment plan in 2005 for the

2006-2007 academic year (“2006-2007 Assignment Plan”).

14. The 2006-2007 Assignment Plan was adopted under the version of Board

Policy 10.107 (School Attendance Areas) in effect beginning on 21 March 2005 (“2005

Attendance Area Policy”).


4

15. The 2006-2007 Assignment Plan used satellite attendance areas, busing

and racial balancing ratios to improve racial balance in elementary schools in the former

GCS school district.

16. The 2006-2007 Assignment Plan also populated the newly opened

Hope Middle School. Hope Middle School opened in 2006 at 29.04% Black and 61.89%

White, according to data from the National Center for Education Statistics.

17. In March 2006, the United States Department of Education Office for

Civil Rights (OCR) notified the Pitt County Schools (PCS) that it had received a discrimination

complaint alleging the district was discriminating on the basis of race by implementing a

new student assignment plan adopted in an effort to achieve racial balancing.

18. On 17 September 2007, the Pitt County Board approved a revised

version of Policy 10.107 (“2007 Attendance Area Policy”).

19. On 16 November 2007, PCS and OCR entered into a Resolution

Agreement requiring PCS to seek clarification from the Court regarding whether the Court’s

orders in Edwards and Teel authorized the Board to consider race in the 2006-2007

Assignment Plan.

20. As part of the settlement of the OCR complaint, in March 2008, the

Board filed a Motion requesting that the Court approve the Board’s 2006-2007 Assignment

Plan, as well as the Board’s 2007 revision of Policy 10.107 (“2007 Attendance Area Policy”).

21. In July 2008, the Court reopened and consolidated the Edwards and Teel

cases. On November 4, 2009, the Court approved the parties’ settlement agreement. The

November 4, 2009 order and the settlement agreement are identified as Joint Exhibits 8 and

9 respectively.


5

22. The Operations Research and Education Laboratory (OREd) of North

Carolina State University is a non-profit organization that provides school districts with

scientific tools to project future enrollment, to evaluate utilization of existing school facilities,

to locate placement of new schools, and to develop attendance boundaries.

23. In accordance with the Court’s November 2009 Order, Plaintiffs were invited

to, and did, attend workshop retreats to consider the attendance area redistricting process on

July 1, 2010 and October 11, 2010

24. Plaintiffs may submit these data collections in evidence, or portions of

these data collections, without further identification or proof:

a. Pitt County student demographic data for 1987-2006, reported by

the National Center for Educational Statistics (NCES).

b. Pitt County student demographic data for 2007-2010, reported by

the NCES, available from the NCES website.

c. Pitt County student demographic data for School Years 2010 and

2011 as reported by the North Carolina Department of Public

Instruction (NC DPI) in the Grade, Race, Sex charts available at

http://www.ncpublicschools.org/fbs/accounting/data.

d. Pitt County student demographic data for School Year 2012 as

reported by the NC DPI in the Grade, Race, Sex charts, available at

http://www.ncpublicschools.org/fbs/accounting/data.

e. Data reported by NC DPI in the NC School Report Cards, School

Years 2001-2011, available at

http://www.ncschoolreportcard.org/src/.


http://www.ncpublicschools.org/fbs/accounting/data

http://www.ncpublicschools.org/fbs/accounting/data

http://www.ncschoolreportcard.org/src/

6

f. Data reported by NC DPI in the “State/LEA and School Test

Performance” Reports, School Years 1996 – 2011, available at

http://www.ncpublicschools.org/accountability/reporting/leaperfor

mancearchive/.

g. Data reported by NC DPI in the “Consolidated Data Reports;”

School Years 2008-2001, available at

http://www.ncpublicschools.org/research/discipline/reports/#conso

lidated.

h. Data reported by NC DPI in the “Annual Report of School Crime

and Violence;” School Years 2001-2006, available at


lidated.

i. Data reported by NC DPI in the “Annual Study of Suspensions and

Expulsions;” “March 2002,” “Supplement, July 2002,” “2001-02,

May 2003,” “2002-03, March 2004,” and School Years 2003-

2006; NC DPI, available at


lidated.

j. Data reported by NC DPI in the “Annual Dropout Reports,”

School Years 1999 – 2007, available at

http://www.ncpublicschools.org/research/dropout/reports/.


http://www.ncpublicschools.org/accountability/reporting/leaperformancearchive/

http://www.ncpublicschools.org/research/discipline/reports/



http://www.ncpublicschools.org/research/dropout/reports/

7

k. Data reported by the U.S. Department of Education Office for

Civil Rights (OCR) in the 2009 Civil Rights Data collection,

available at http://ocrdata.ed.gov/.

l. Data reported by NC DPI in the NC Statistical Profile, available at:

i. “North Carolina Public Schools Statistical Profile” reports;

1975-1987, available on the North Carolina Digital

Collections website http://digital.ncdcr.gov/.

ii. “NC Statistical Profile,” School Year 1999-2011, available

at http://www.ncpublicschools.org/fbs/resources/data/.

25. It is stipulated and agreed that each of the exhibits identified by

Plaintiffs, with the exception of Plaintiffs’ Exhibit 40,is genuine and authentic and, if

relevant and material, may be received in evidence without further identification or proof,

and can be used in direct examination, impeachment, rebuttal, demonstrative exhibits, and

post-trial findings of fact,.

26. It is stipulated and agreed that each of the exhibits identified by Defendant,

with the exception of Defendant’s Exhibits 72-90, is genuine and authentic and, if relevant and

material, may be received in evidence without further identification or proof, and can be

used in direct examination, impeachment, rebuttal, demonstrative exhibits, and post-trial

findings of fact.

27. It is stipulated and agreed that the parties reserve their right to argue

that any statements contained in any exhibits admitted into evidence may not be relevant,

even if the exhibit as a whole is relevant.


http://ocrdata.ed.gov/

http://digital.ncdcr.gov/

http://www.ncpublicschools.org/fbs/resources/data/

8

28. It is stipulated and agreed that photocopies of exhibits may, if

otherwise admissible, be received into evidence in lieu of the original of these documents or

photographs.

29. It is stipulated and agreed that demonstrative and rebuttal exhibits need

not be pre-marked or included on the parties’ proposed exhibit lists. Rebuttal exhibits refer

to those not previously anticipated as being needed as exhibits, and therefore not marked,

but may be necessary for rebuttal or impeachment at hearing. Parties reserve the right to

object to rebuttal exhibits at the time offered, including an objection on the basis that the

exhibit should have been anticipated and identified prior to hearing.

30. It is stipulated and agreed that each party shall advise the other of a

witness at least 48 hours before the start of the trial day on which the witness is expected to

testify. For purposes of this stipulation, the parties agree to notify the other of witnesses

scheduled for Monday by 6 pm the prior Friday, and of witnesses scheduled for a Tuesday

by Saturday morning at 9 am.

B. Legal Stipulations

1. It is stipulated that all parties are properly before the Court, and that

the Court has jurisdiction of the parties and of the subject matter.

II. CONTENTIONS

A. Plaintiffs’ Contentions

1. The 2011-2012 Student Assignment Plan violated this Court’s orders by

not moving Pitt County Schools towards unitary status. The Board should be ordered

immediately to develop a new student assignment plan that moves the district towards unitary

status.


9

2. The Board has not complied in good faith with the Court’s desegregation

orders, including the 2009 Order of this Court, and with those provisions of the law and the

Constitution that were the predicate for judicial intervention in the first instance. The Board has

not eliminated the vestiges of past discrimination to the extent practicable. Thus, Pitt County

Schools should not be declared unitary.

3. The Board has the burden of proof to prove (a) that the 2011-2012 Student

Assignment Plan moved the district towards unitary status and (b) that it has eliminated the

vestiges of past discrimination to the extent practicable and that it has complied in good faith

with the Court’s desegregation orders, including the 2009 Order of this Court, and with those

provisions of the law and the Constitution that were the predicate for judicial intervention in the

first instance.

B. Defendant’s Contentions

1. The Board has complied in good faith with the Court’s desegregation

orders since they were entered, including the 2009 Order of this Court, and the vestiges of past

discrimination have been eliminated to the extent practicable. Pitt County Schools should be

declared unitary.

2. The Board followed the Student Attendance Area policy approved by this

Court in 2009 in developing its 2011-2012 Assignment Plan. The plan complies with all existing

orders of the Court and with the Board’s responsibilities under the Constitution.

The Parties will be briefing certain issues of dispute for filing on July 15, 2013, but, in

accordance with the prior order of this Court, will defer submission of proposed findings of fact

and conclusions of law until the post-trial submissions.


10

III. EXHIBITS

The Parties have agreed that any exhibits not objected to will be admissible at trial and

for use in the Findings of Fact and Conclusions of Law, with the Parties reserving the right to

argue as to the relevance and weight of the evidence. The parties stipulate and agree to the

admissibility of the reports of their respective experts, for the convenience of the court, so long

as the expert testifies at trial. The parties stipulate and agree that the parties may enter into

evidence the tables, data, charts and maps to which an expert witness testifies as sub-exhibits

under the exhibit number of the expert’s report. The parties further stipulate and agree that

previously filed pleadings will be admissible at trial and for use in the Findings of Fact and

Conclusions of Law.

A. Joint Exhibits

Joint Exh. # Document

1. Teel, et.al. v. Pit County Board of Education (E.D.N.C), (“Teel”), Civ. No. 569, Order. Aug. 5, 1968

2. Teel, (E.D.N.C), Civ. No. 569, Order. Aug. 10, 19703. Teel, (E.D.N.C), Civ. No. 569, Order. March 8, 19724. Edwards, et.al. v. Greenville City Board of Education (E.D.N.C), (“Edwards”), Civ.

No. 702, Memorandum Opinion and Order, July 7, 19705. Edwards, (E.D.N.C), Civ. No. 702, Memorandum Opinion and Order, July 31, 19706. Edwards, (E.D.N.C), Civ. No. 702, Memorandum Opinion and Order, January 17,

19727. N.C. Sess. L. 1985-7968. Ronda Everett, Melissa Grimes, Caroline Sutton, Christopher W. Taylor, and the

Pitt County Coalition for Educating Black Children v. The Pitt County Board of Education, (E.D.N.C), No. 6:69-cv-00702, Order, Nov. 4, 2009 [Docket #73]

9. Settlement Agreement dated April 6, 2009

B. Plaintiffs’ Exhibits

P Exh. # Document

Defendant’s Objection


11

P Exh. # Document


1. Letter from W. Lamar Clements, Chief, OCR to Super. Arthur S. Alford, PCS, November 2, 1973.

2. Letter from William H. Thomas, Director, OCR, HEW, to Judge John D. Larkins, October 18, 1974

3. Board Minutes, Pitt County Schools Board of Education (“BOE”), June 27, 1977

4. A Merger Feasibility Study, Research Triangle Institute, September 1983. A. Executive SummaryB. Final Report

5. Board Minutes, BOE, February 12, 1987 with attachment:A. “Report Regarding Board’s Directive of February

2, 1987”6. Policy JBCC: Attendance Lines (March 9, 1987)

7. Board Minutes, BOE, June 1, 1987

8. Board Minutes, BOE, February 16, 1988

9. Board Minutes, BOE, March 11, 1988

10. Board Minutes, BOE, April 18, 1988

11. Board Minutes, BOE, July 10, 1989 with attachment: A. “Agenda Item: Pitt County Board of Education

Annual Attendance Line Review,” Eddie West, July 1989 (with Policy JBCC: Attendance Lines (“New”)


13. Board Minutes, BOE, August 14, 1989

14. Board Minutes, April 2, 1990 with attachments:A. “Annual Review of Attendance Lines,” Gibb

Chauncey, April 199015. Board Minutes, March 19, 1990 with attachment:

A “Attendance Line Review”16. Board Minutes, BOE, February 18, 1991

17. Board Minutes, BOE, September 14, 1992

18. Policy 10.107 (June 5, 1995)



12

P Exh. # Document



21. Policy 10.107 (March 3, 1997)

22. Board Minutes, BOE, March 30, 1998 with attachment: A. “Consideration of Changes in School District

Attendance Lines”23. Board Minutes, BOE, June 15, 1998


25. Board Minutes, BOE, October 19, 1998

26. Policy 10.107 (October 19, 1998)





31. Policy 10.107 (September 8, 2003)


33. Memorandum from Carol J. Moore, Pitt County Schools Counsel, to BOE, “Desegregation and Attendant Legal Issues,” October 11, 2004.

34. Board Minutes, BOE, November 1, 2004



37. Board Minutes, BOE, December 6, 2004


39. Michael A. Dixon, “Statement Issued by Board of Education on February 6, 2006.”

40. Interview by Dale Rhines and Leonard Howie, U.S. Dept. of Education Office of Civil Rights, with Aaron Beaulieu, Associate Superintendent of Operations, in Greenville, N.C. (May 25, 2006).

Foundation, hearsay, and incomplete / lack of context.



13

P Exh. # Document


42. Letter from Pitt County Schools to U.S. Dept. of Education, Office of Civil Rights, January 17, 2007

43. Affidavit of Phillip Dixon, Pitt County Schools Counsel, January 23, 2007.

44. Letter from Pitt County Schools to U.S. Dept. of Education, Office of Civil Rights, January 30, 2007



47. Policy 10.107 (September 17, 2007)

48. John Doe, et. al., v. The Greenville City Board of Education, et. al. (E.D.N.C), (“Doe”) No. 6:69-cv-00702, (Defendant’s) Memorandum of Law in Support of Motion for Court Approval of Student Assignment Plan and School Attendance Area Policy (March 18, 2008) [Docket # 8]

49. Doe, (E.D.N.C), No. 6:69-cv-00702, (Defendant’s) Supplemental Memorandum of Law in Support of Motion for Court Approval of Student Assignment Plan and School Attendance Area Policy (July 7, 2008) [Docket #22]

50. Doe, (E.D.N.C), No. 6:69-cv-00702, (Defendant’s) Amended Motion for Court Approval of Student Assignment Plan and School Attendance Area Policy (July 7, 2008) [Docket #23] with accompanying Exhibits 1-16.

51. Doe, (E.D.N.C), No. 6:69-cv-00702, (Defendant’s) Amended Response to Motion for Declaratory Judgment, Injunctive Relief and Attorney’s Fees and Costs (August 26, 2008) [Docket #45]

52. Doe, (E.D.N.C), No. 6:69-cv-00702, (Defendant’s) Motion and Supporting Memorandum for Entry of Consent Order (April 23, 2009) [Docket #69]

53. Long Range Facility Plan 2009, Pitt County Schools

54. Board Minutes, BOE, May 17, 2010

55. “Key Points: Unitary Status and the Pitt County Schools: Presented by Ken Soo, Tharrington Smith, LLP,” May 17, 2010

56. Board Minutes, BOE, July 1, 2010 (*)


14

P Exh. # Document




59. Beverly Emory, “Message from the Superintendent,” October 15, 2010

60. “Superintendent’s Recommendations for 2011-2012 Reassignment,” October 31, 2010 (*)

61. “Student Reassignment Process: Frequently Asked Questions,” Pitt County Schools website. (*)



64. Board Minutes, BOE, December 6, 2010 (*)

65. Board Minutes, BOE, January 18, 2011

66. PCS K-8 Schools Athletic Facility Study 2011-12

67. Beverly Emory, “Message from the Superintendent,” February 11, 2011

68. Everett et. al. v. BOE, (E.D.N.C), No. 6:69-cv-00702, Plaintiffs’ Memorandum of Law in Support of Their Motion for Injunctive and Other Appropriate Relief, Attorney’s Fees, and Costs (April 19, 2011) [Docket #78]

69. Everett et. al. v. BOE, (E.D.N.C), No. 6:69-cv-00702, (Plaintiffs’) Motion for Injunctive and Other Appropriate Relief, Attorney’s Fees, and Costs (April 19, 2011) [Docket #80] with accompanying Exhibits 1 - 16. (Exhibits marked by * in this list were submitted as Exhibits to this April 2011 motion. Only one copy of those exhibits will be submitted.)

70. Everett et. al. v. BOE, (E.D.N.C), No. 6:69-cv-00702, (Defendant’s) Response and Memorandum of Law in Opposition to Plaintiff’s Motion for Injunctive and Other Appropriate Relief, Attorney’s Fees, and Costs (April 19, 2011) [Docket #84] with accompanying Exhibits 1 – 2.





15

P Exh. # Document





77. “Unitary Status Strategies and Measures,” Pitt County Schools, February 2012

78. DAVID J. ARMOR, FORCED JUSTICE: SCHOOL

DESEGREGATION and the Law, 154-163, (Oxford University Press, 1995).

79. “Supplemental Report on Impact of 2011-12 Reassignment in Pitt County Schools,” Erica Frankenberg and Genevieve Siegel-Hawley

80. “Report on Impact of 2011-12 Student Reassignment in Pitt County Schools,” Erica Frankenberg and Genevieve Siegel-Hawley

81. “Expert Report on Unitary Status in Pitt County Schools’ Student Assignment, 1968-2011,” Erica Frankenberg and Genevieve Siegel-Hawley

82. “Rebuttal to Expert Report on Unitary Status for the Pitt County School District: Teacher/Staff Assignment,” Erica Frankenberg and Genevieve Siegel-Hawley

83. “Demography and School Assignment in Pitt County, North Carolina: Report to the Court in the case of Everett et. al. v. Pitt County Schools,” Allan M. Parnell

C. Defendants’ Exhibits

D Exh.# Document

Plaintiff’sObjection

1. Teel Complaint, filed January 4, 19652. Dr. Armor’s Report on Unitary Status for the Pitt County

School District 3. Dr. Armor’s Rebuttal of Plaintiffs’ Expert Report on

Unitary Status in Pitt County Schools’ Student Assignment, 1968-2011

4. OCR Data 1968-1986 5. Pupils in Membership by Race and Sex 1987-88 to

1988-89 6. National Center for Education Statistics- Common Core

Data for 1989-1990


16

D Exh.# Document


7. Pupils in Membership by Race and Sex 1990-91 to 1992-93

8. National Center for Education Statistics- Common Core Data for Years 1993-94 to 2006-07

9. Racial Breakdowns for 2007-2008 10. Racial Breakdowns for 2008-2009 11. Racial Breakdowns for 2009-2010 12. Racial Breakdowns for 2010-2011 13. Racial Breakdowns for 2011-2012 14. Pitt County Board Policy 10.002 Equal Educational

Opportunities 15. Pitt County Board Policy 10.107 School Attendance

Areas (with all revisions) 16. Dr. Armor’s Report No. 2 on Unitary Status for the Pitt

County Schools District: Teacher/Staff Assignment17. District Staffing Data by Position and School 2005-12

(redacted) 18. Pitt County Board Policy 7.001 Employment of

Personnel 19. Pitt County Board Policy 7.004 Equal Opportunity/

Affirmative Action Program 20. Pitt County Board Policy 7.004-P Procedure to

Implement Affirmative Action/Career Advancement 21. Pitt County Board Policy 7.031 Employee Assignment

and Transfer 22. Pitt County Board Policy 7.031-P Procedure for

Employee Assignment and Transfer 23. Pitt County Board Policy 7.102 Screening of Principals 24. Pitt County Board Policy 9.306 Commitment to

Diversity 25. Dr. Clark’s Report on The Impact of Demographic

Change on School Composition in The Pitt County School District

26. Dr. Clark’s Rebuttal Report of the Demographic Changes in the 5-17 Age Population in the Pitt County School District

27. Dr. Clark’s Rebuttal to Frankenberg and Siegel-Hawley “Report of Impact of 2011-2012 Student Re-Assignment in Pitt County Schools”

28. 1997-98 Attendance Area Boundaries29. Current Assignment Maps (2010-11)30. Dr. Clark’s Report on Student Transportation in the Pitt

County School District


17

D Exh.# Document


31. Pitt County Board Policy 6.201- Student Transportation Management

32. Pitt County Board Policy 6.201-P-A Duties of the Transportation Director

33. Pitt County Board Policy 10.613-P Procedure for Student Transportation

34. Transportation Data 2007-08 through 2011-12 35. Bus Ride Times 2012-13 36. Bus Data 2009 (redacted) 37. Bus Data 2010 (redacted) 38. Bus Data 2011 (redacted) 39. Bus Data 2012 (redacted) 40. PCS Long Range Facility Plan 2009 41. PCS Long Range Education Plan 2003 (Smith Sennett

Associates)42. 2005-06 Facility Needs Assessment 43. Long Range Facilities Plan- Phase 1 Recommendation

from March 2, 2009 44. 2008 Property Accounting Book 45. Facilities Report 46. School Media and Technology Report 47. District Media and Technology Report 48. Pitt County Board Policy 10.701 Student Activities 49. Pitt County Board Policy 10.703 Student Organizations 50. Pitt County Board Policy 10.703-P Procedure for

Regulating Clubs and Organizations 51. Pitt County Board Policy 10.704 Student Government 52. Pitt County Board Policy 9.202 Interscholastic Athletics 53. Pitt County Board Policy 9.202 Procedure Governing

Athletics in the Public Schools 54. Pitt County Board Policy 9.203 Cheerleading as a Sport 55. Pitt County Board Policy 10.705

Cheerleaders/Flags/Rifles/Sabers/Batons/Majorettes 56. Mike Miller’s Presentation to the Pitt County BOE on

June 7, 2010 57. Mike Miller’s Presentation to the Pitt County BOE on

July 1, 2010 58. Proximity Scenario (ES2, MS 2) Maps and Charts 59. Proficiency Scenario (ES 4, MS 3) Maps and Charts 60. ES 5 Scenario Map and Charts 61. Student Reassignment Workshop, October 11, 2010 62. Additional Scenarios


18

D Exh.# Document


63. Superintendent Recommendation for 2011-12 Reassignment

64. Final 2011-12 Reassignment Maps and Charts, labeled “Superintendent’s Recommendations,” adopted November 15, 2010

65. Four-year Graduation Cohort Rates 66. K-3 Read 3D Middle of Year Data 67. ES 6 Revision 1: K-5 Boundaries 2006-0768. MS 6 Revision 1: 6-8 Boundaries 2006-0769. Memorandum dated February 20, 1998 regarding

Recommendation for Wintergreen Primary & Intermediate Schools with attachment titled 1998/99

70. Memorandum dated February 28, 2001 regarding Northwest Elementary School with attachment titled Fact Sheet

71. Letter from USDA to NCDPI regarding Free and Reduced Lunch

72. Greenville City Board of Education Meeting Minutes July 20, 1970

Nondisclosure

73. Greenville City Board of Education Meeting Minutes August 18, 1975

Nondisclosure

74. Greenville City Board of Education Meeting Minutes February 16, 1976

Nondisclosure

75. Greenville City Board of Education Meeting Minutes May 17, 1976

Nondisclosure


Nondisclosure

77. Greenville City Board of Education Meeting Minutes December 4, 1978

Nondisclosure

78. Greenville City Board of Education Meeting Minutes January 22, 1979

Nondisclosure

79. Greenville City Board of Education Meeting Minutes March 5, 1979

Nondisclosure


Nondisclosure

81. Greenville City Board of Education Meeting Minutes April 11, 1979

Nondisclosure

82. Greenville City Board of Education Meeting Minutes September 17, 1979

Nondisclosure

83. Greenville City Board of Education Meeting Minutes October 1, 1979

Nondisclosure

84. Greenville City Board of Education Meeting Minutes December 17, 1979

Nondisclosure


19

D Exh.# Document



Nondisclosure


Nondisclosure

87. Greenville City Board of Education Meeting Minutes February 18, 1980

Nondisclosure


Nondisclosure

89. Greenville City Board of Education Meeting Minutes August 10, 1981

Nondisclosure


Nondisclosure

91. Pitt County Board of Education Meeting Minutes March 9, 1987

92. Pitt County Board of Education Meeting Minutes May 14, 1987


94. Pitt County Board of Education Meeting Minutes April 2, 1990

95. Pitt County Board of Education Meeting Minutes August 6, 1990

96. Pitt County Board of Education Meeting Minutes September 17, 1990

97. Pitt County Board of Education Meeting Minutes October 1, 1990

98. Pitt County Board of Education Meeting Minutes November 5, 1990

99. Pitt County Board of Education Meeting Minutes February 18, 1991


101. Pitt County Board of Education Meeting Minutes May 20, 1991



104. Pitt County Board of Education Meeting Minutes January 7, 1998



20

D Exh.# Document







111. Pitt County Board of Education Meeting Minutes June 7, 2004




115. Pitt County Board of Education Meeting Minutes December 6, 2004













21

D Exh.# Document




129. Pitt County Board of Education Meeting Minutes July 19, 2007







136. Pitt County Board of Education Meeting Minutes June 23, 2008



139. Any evidence or exhibits identified by Plaintiffs


22

IV. DESIGNATION OF PLEADINGS AND DISCOVERY MATERIALS

A. Plaintiffs’ Deposition Designations

Deposition of Dr. Beverly Emory

Document Portion Objection Reason1. Deposition of Beverly Emory 8:8-9:7

11:5-11:916:3-17:821:18-25:4 X Relevance, basis,

ambiguity23:6-23:19 X Ambiguity24:5-25:431:4-32:5 X Asks for legal

conclusion, basis, ambiguity

33:10-33:19 Foundation, ambiguity35:5-35:22 Hearsay36:9-37:20 Relevance39:11-45:2346:19-46:24 Relevance48:12-49:2550:8-51:25 Relevance, basis, hearsay52:1-53:355:17-56:861:6-61:21 Relevance66:12-69:1976:1-76:13 Relevance78:9-78:1679:11-80:4 Legal Conclusion83:10-84:1388:18-89:2490:11-90:25 Relevance92:10-95:18 Privilege, relevance,

misleading line of inquiry98:8-99:15101:14-103:1105:8-105:14106:1-106: Relevance, end of

passage not specified 107:8-108:4113:13-113:15114:8-115:2116:20-117:23120:5-120:19


23

Document Portion Objection Reason121:15-121:24 Relevance128:14-132:3 Relevance, ambiguity133:10-139:16141:18-142:9 Ambiguity144:4-148:7 Calls for speculation151:5-154:7154:21-155:22156:21-157:19 Foundation/basis161:15-167:3 Relevance168:3-171:15 Relevance

Deposition of Mr. Aaron Beaulieu

Document Portion Objection Reason2. Deposition of Aaron Beaulieu 8:18-10-14

17:13-20:721:17-21-2222:10-23:1423:15-24:429:13-30:2135:19-38:5 X Relevance, hearsay44:24-46:165:8-67:9 X Ambiguity, foundation77:5-78:21 X Relevance84:8-84:19 X Foundation86:18-87:1388:2-89:12 X Calls for legal

conclusion/analysis, foundation

94:3-96:12 X Foundation, hearsay105:13-106:9107:21-112:18 X Foundation, relevance,

calls for legal conclusion

Deposition of Ms. Delilah Jackson

Document Portion Objection Reason3. Deposition of Delilah Jackson 9:23-13:1 X Factual basis, foundation

13:20-15:17 X Asks for legal conclusion, foundation

60:4-60:12 X Relevance, basis69:8-70:21 X Ambiguity, relevance72:20-74:20 X Ambiguity, foundation103:8-104:23 X Hearsay, leading,


24

Document Portion Objection Reasonambiguity

107:25-116:1 X Relevance120:12-12-:17 X Relevance123:13-23 X Foundation, ambiguity130:24-131:2 X Relevance, ambiguity200:14-204:1 X Hearsay205:17-206:4210:15-211:11 X Hearsay, basis/foundation223:22-224:23243:22-246:14 X Relevance263:21-25266:3-268:9 X Relevance270:11-14 X Ambiguity of question274:21-275:5284:18-25 X Relevance

Deposition of Ms. Kay Weathington

Document Portion Objection Reason4. Deposition of Kay Weathington 14:12-18:19

18:20-24:19 X Foundation, relevance, legal conclusion

30:10-30:16 X Foundation, relevance33:19-34:341:9-42:543:6-46:2156:19-57:10 X Relevance57:14-60:10 X Foundation, faulty

premises, speculation60:11-63:13 X Relevance, foundation63:14-66:9 X Foundation, speculation66:10-69:2269:23-73:22 X Foundation, relevance73:23-78:378:4-79:1181:16-82:16 X Foundation99:18-00:11102:20-105:16 X Foundation, relevance106:1-106:11106:12-107:5 X Foundation, hearsay120:18-123:18 X Time context of fragment125:1-126:10 X Foundation126:11-127:25


25

Document Portion Objection Reason128:1-132:9 X Faulty premise, calls for

legal conclusion, relevance

Deposition of Mr. Mike Miller

Document Portion Objection Reason5. Deposition of Michael Miller 6:19-8:6

9:25-11:1913:19-2118:6-21:1021:21-22:722:13-23:2124:23-26:926:11-30:2331:15-33:2134:2-35:935:12-36:336:6-37:839:23-45:447:7-948:5-49:357:13-64:12 X Relevance, hearsay, basis

for conclusion64:20-66:22 X Lack of factual basis68:14-1769:2-73:873:20-78:10 X Misleading, incomplete

response, lack of factual basis, lay witness asked to give expert opinion

78:23-82:1783:21-84:1285:6-1385:22-86:487:18-90:12 90:19-91:17 X Relevance92:10-22 X Relevance, ambiguity93:18-96:7 X Leading, basis, asks for a

legal conclusion97:10-99:9100:9-109:20 X Lack of factual basis,

relevance, leading, false presumption


26

Document Portion Objection Reason111:8-18 X Relevance112:20-114.8 X Speculation, relevance119:17-120:11120:20-125:10 X Lack of direct

knowledge, factual basis, relevance

127:17-129:18 X Lack of direct knowledge, misleading

130:12-20 X Lack of direct knowledge, misleading

132:18-135:19 X Lack of knowledge136:5-138:19 X Misleading139:20-144:3 X Basis/foundation144:20-145:5145:14-147:2 X Relevance147:17-149:4 X Factual basis149:14-19 X Factual basis, foundation,

ambiguity151:10-163:22 X Lack of foundation,

ambiguity, relevance164:9-170:18 X Relevance, ambiguity

V. WITNESSES

A. Plaintiffs’ Witnesses

Witness Testimony Defendant’s ObjectionRonda Everett1809 Kinsaul Willoughby Rd.Greenville, NC 27834252-320-6651

Ms. Everett will testify regarding her experiences attending Pitt County school board meetings and her participation in community discussions regarding the Pitt County school system, as well as through her role as a Plaintiff in this matter and as the parent of a student attending Pitt County Schools.


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Witness Testimony Defendant’s ObjectionMelissa Grimes3006 Phillips Rd.Greenville, NC 27834252-355-3078

Ms. Grimes will testify regarding her experiences as Executive Assistant to the Superintendent (2000-2008) of Pitt County schools, and her experiences attending board meetings, her membership on the school board’s OCR required Dress Code committee, her role as second Vice-President of the Pitt County Coalition for Educating Black Children and her participation in community discussions regarding the Pitt County school system, as well as through her role as a Plaintiff in this matter and as the parent of a student attending Pitt County Schools.

Caroline Sutton2307 Old Courthouse Dr.Greenville, NC 27858252-830-1287

Ms. Sutton will testify regarding her experiences as an employee of Pitt County Schools at C.M. Eppes and Farmville Middle, her experiences attending Pitt County school board meetings, as a member of the school board Diversity Committee, and her participation in community discussions regarding the Pitt County school system, as well as through her role as a Plaintiff in this matter and as the parent of a student attending Pitt County Schools.

Christopher W. Taylor503 Queen Anne’s Rd.Greenville, NC 27858252-364-2142

Mr. Taylor will testify regarding his experiences attending Pitt County school board meetings and his participation in community discussions regarding the Pitt County school system, as a member of the school board Diversity Committee, and his participation in community discussions regarding the Pitt County school system, as well as through his role as a Plaintiff in this matter and as the parent of a student attending Pitt County Schools.


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Witness Testimony Defendant’s ObjectionOzie Lee Hall, Jr.P.O. Box 1699Winterville, NC 28590252-902-4595

Mr. Hall will testify regarding his experiences attending Pitt County school board meetings and his participation in community discussions regarding the Pitt County school system, as well as through his role as a President of Plaintiff the Pitt County Coalition for Educating Black Children.

Rose H. Glover2115 S. Village Dr.Greenville, NC 27834252-752-1113

Ms. Glover will testify regarding her experiences attending Pitt County school board meetings and her participation in community discussions regarding the Pitt County school system, as well as through her role as a first Vice-President of the Pitt County Coalition for Educating Black Children, and as a member of the Greenville City Council.

Marion BarnesP.O. Box 8396Greenville, NC 27834252-343-5035

Mr. Barnes will testify regarding his experiences attending Pitt County school board meetings and his participation in community discussions regarding the Pitt County school system, as well as through his role as a member of the Pitt County Coalition for Educating Black Children.

Don Cavellini211 South Baywood LaneGreenville, NC 27834

Mr. Cavellini will testify regarding his experiences attending Pitt County school board meetings and his participation in community discussions regarding the Pitt County school system, as well as through his role as a member of the Coalition Against Racism and of the Pitt County Coalition for Educating Black Children.


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Witness Testimony Defendant’s ObjectionMike MillerProgram Manager OREd ITRE @ NCSU Centennial Campus Raleigh, NC919-515-8717 [email protected]

Mr. Miller will testify regarding the services that he and the Operations Research and Education Laboratory (OREd) have provided to various school districts and specifically to the Pitt County school district, including but not limited to building and updating student databases and proposing optimal and other scenarios for school siting and student assignment.

Dr. Beverly EmorySuperintendent1717 W. 5th StreetGreenville, NC 27834252-830-4265 [email protected]

Dr. Emory will testify regarding her experience as Superintendent of Pitt County Schools and the school system’s obligations under existing court orders.

Michael CowinInterim Superintendent1717 West Fifth StreetGreenville, NC [email protected]

Mr. Cowin will testify regarding his experience as the Interim Superintendent of the Pitt County Schools, the Assistant Superintended of Finance, and the school system’s obligations under existing court orders.

Aaron BeaulieuAssociate Superintendent of Operations1717 W. 5th StreetGreenville, NC 27834252-830-4203 [email protected]

Mr. Beaulieu will testify regarding his experience as Associate Superintendent of Operations and former positions with the Pitt County Schools, including, but not limited to, his experiences overseeing facilities, technology, and transportation issues for Pitt County Schools and the school system’s obligations under existing court orders.

Delilah JacksonAssistant Superintendent of Human Resources1717 W. 5th StreetGreenville, NC 27834252-830-4261 [email protected]

Dr. Jackson will testify regarding her experiences as Assistant Superintendent of Human Resources for Pitt County Schools, as Executive Director of Human Resources for Pitt County Schools, and as a principal in the Pitt County School system and regarding the school system’s obligations under existing court orders.


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Witness Testimony Defendant’s ObjectionKay WeathingtonDirector of Student Assignment/NC WISE Coordinator1717 W. 5th StreetGreenville, NC 27834252-830-4238 [email protected]

Ms. Kay Weathington will testify regarding her experience as Student Assignment Director and NC WISE Coordinator at Pitt County Schools and the school system’s obligations under existing court orders.

Edward Carter104 Fireside RoadGreenville, NC 27834(252) 714-4485

Mr. Carter will testify regarding his experiences as member and later chair of the Greenville City School Board. He will also testify regarding his interactions and experiences with the Pitt County school district as Greenville city councilman, mayor of Greenville, citizen of Pitt County, and grandparent of students in Pitt County schools.

Kay Godwin304 Mary Beth DriveGreenville, NC 27858

Ms. Godwin will testify regarding her experiences attending Pitt County school board meetings and her participation in community discussions regarding the Pitt County school system. Ms. Godwin will also testify regarding her interactions and experiences with the Pitt County school district as the leader the Greenville Parents Association.

Dr. Genevieve Siegel-Hawley505 S. Davis Avenue #5 Richmond VA 23220804-828-3382

Dr. Siegel-Hawley will testify, in accordance with her expert reports, that the 2011-12 student assignment plan implemented by the Pitt County School Board did not move the school district toward unitary status, and, further, moved the school district further away from unitary status by increasing the level of imbalance in Pitt County Schools. She will further testify that her analysis of student assignment of Pitt County Schools from 1968 to 2011 reveal that the district has not yet achieved unitary status with respect to student assignment.


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Witness Testimony Defendant’s ObjectionDr. Allan ParnellCedar Grove Institute for Sustainable Communities6919 Lee Street Mebane, NC919-563-5899

Dr. Parnell will testify in accordance with his expert report, as to the demographic make-up of Pitt County, including, but not limited to, the stability of total black and white student age populations in Pitt County from the 1960s to 2010. He will further testify that racial residential patterns and the demographics of the student age population in Pitt County do not prevent the Board from achieving racial balance in the schools. He may also testify as to steps the Board took and/or did not take that affected racial balance.

Any witness identified by Defendants

B. Defendant’s Witnesses

Witness Testimony Plaintiffs’ ObjectionDr. Beverly EmorySuperintendent1717 W. 5th StreetGreenville, NC 27834252-830-4265 [email protected]

Dr. Emory will testify regarding her experience as Superintendent of Pitt County Schools, including but not limited to her knowledge of the development and adoption of the 2011-2012 Student Assignment Plan and the school system’s efforts to improve student achievement.

Delilah JacksonAssistant Superintendent of Human Resources1717 W. 5th StreetGreenville, NC 27834252-830-4261 [email protected]

Dr. Jackson will testify regarding her experiences as Assistant Superintendent of Human Resources for Pitt County Schools, as Executive Director of Human Resources for Pitt County Schools, and as a principal in the Pitt County School system, including but not limited to her knowledge of the school system’s recruitment, hiring and assignment procedures and staff development efforts.

Aaron BeaulieuAssociate Superintendent of Operations1717 W. 5th Street

Mr. Beaulieu will testify regarding his experience as Associate Superintendent of Operations with the Pitt County Schools, including, but not limited to,


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Witness Testimony Plaintiffs’ ObjectionGreenville, NC 27834252-830-4203 [email protected]

his knowledge of facilities, technology, and transportation for Pitt County Schools.

Dr. Pokie NolandDirector of Student Services1717 W. 5th StreetGreenville, NC 27834252-830-4237 [email protected]

Dr. Noland will testify regarding her experience as Director of Student Services, including but not limited to her knowledge of student achievement and graduation rates.

Kay WeathingtonDirector of Student Assignment/NC WISE Coordinator1717 W. 5th StreetGreenville, NC 27834252-830-4238 [email protected]

Ms. Weathington will testify regarding her experience as Student Assignment Director and NC WISE Coordinator at Pitt County Schools, including but not limited to her role as a custodian of student data.

Joey WeathingtonTransportation Director 901 Mall Drive Greenville, NC 27834252-756-1424 ext. [email protected]

Mr. Weathington will testify regarding his experience as Transportation Director for Pitt County Schools, including but not limited to his knowledge related to the development of bus routes, the Board’s transportation policies, and maintaining transportation data.

Tim DeCresieCoordinator of Instructional Technology and Media1717 W. 5th StreetGreenville, NC 27834252-830-3511 [email protected]

Mr. DeCresie will testify regarding his experience as Coordinator of Instructional Technology and Media, including but not limited to his knowledge of the school system’s instructional technology and its distribution within the district.

Nondisclosure

Charlie Langley, PrincipalJH Rose High School600 West Arlington Blvd.Greenville, NC 27834252-321-3640 [email protected]

Mr. Langley will testify regarding his experience as a principal in the Pitt County Schools, including but not limited to his knowledge of student access to extracurricular activities.

Mary Carter, PrincipalD.H. Conley High School2006 Worthington Rd.

Ms. Carter will testify regarding her experience as a principal in the Pitt County Schools, including but not


33

Witness Testimony Plaintiffs’ ObjectionGreenville, NC 27858252-756-3440 [email protected]

limited to her knowledge of student access to extracurricular activities.

Lionel Kato, PrincipalFarmville Middle School3914 Grimmersburg St.Farmville, NC 27828252-753-2116 [email protected]

Mr. Kato will testify regarding his experience as a principal in the Pitt County Schools, including but not limited to his knowledge of student access to extracurricular activities.

Tracy Cole, PrincipalAG Cox Middle School2657 Church StreetWinterville, NC 28950252-756-3105 [email protected]

Ms. Cole will testify regarding her experience as a principal in the Pitt County Schools, including but not limited to her knowledge of student access to extracurricular activities.

Dr. David ArmorGeorge Mason University617 Founders HallArlington, VA 22201703-993-2260 [email protected]

Dr. Armor will testify in accordance with his expert report, regarding student demographics and the racial balance of schools within the Pitt County Schools, including the former city and county school systems, since 1968. Dr. Armor will also testify, in accordance with his expert report, regarding the racial make-up and balance of staff, faculty and school-level administrators in the Pitt County Schools. Dr. Armor will also testify regarding the Board’s compliance with the 1970 desegregation orders and the Court’s 2009 Order, including but not limited to his opinion that the Board has attained unitary status.

Dr. William A.V. ClarkDepartment of Geography1255 Bunche HallUCLALos Angeles, CA 90024310-273-0264 [email protected]

Dr. Clark will testify in accordance with his expert report, as to the demographic make-up of Pitt Countyas well as the school age and enrolled student populations, including, but not limited to his analysis of the effect of demographic change on student assignment and the Board’s efforts to maintain racial balance within the schools. Dr. Clark will also testify, in accordance with his expert report, regarding bus transportation of studentswithin the Pitt County Schools,


34

Witness Testimony Plaintiffs’ Objectionincluding but not limited to his analysis of the length of bus ride times for black and white students,

Brenda Pippin, Clerk to the Board1717 W. 5th StreetGreenville, NC 27834252-830-4264 [email protected]

Ms. Pippin may testify as to her role as custodian of the Board’s records.

Mike MillerProgram Manager OREd, ITRE @ NCSU Centennial Campus Raleigh, NC919-515-8717 [email protected]

Mr. Miller will testify regarding the services that he and the Operations Research and Education Laboratory (OREd) have provided to various school districts and specifically to the Pitt County Board of Education, including but not limited to projecting future attendance, proposing optimal school sites, and developing student assignment scenarios.

All witnesses named on Plaintiffs’ witness list

Respectfully submitted this the 10th day of July 2013.

THARRINGTON SMITH, L.L.P.

/s/ Deborah R. Stagner Kenneth A. Soo, NC Bar # 16270Deborah R. Stagner, NC Bar # 24543209 Fayetteville Street P.O. Box 1151 Raleigh, NC 27602-1151Tel: 919-821-4711 Fax: [email protected]@tharringtonsmith.comAttorneys for DefendantPitt County Board of Education


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UNC CENTER FOR CIVIL RIGHTS

/s/ Mark DorosinMark Dorosin, N.C. Bar # 20935323 W. Barbee Chapel RoadChapel Hill, North Carolina [email protected]: (919) 445-0174Facsimile: (919)843-6748Attorneys for Plaintiffs

DECHERT LLP

/s/ Ezra D. RosenbergEzra D. Rosenberg902 Carnegie CenterSuite 500Princeton, New Jersey [email protected]: (609) 955-3222Facsimile: (609) 955-3259Pro Hac Vice Attorney for Plaintiffs

/s/ Brenda ShumBrenda ShumOregon State Bar No. 96114Educational Opportunities ProjectLawyers’ Committee for Civil Rights Under Law1401 New York Avenue NW, Suite [email protected]: (202) 662-8322Facsimile: (202) 783-0857Pro Hac Vice Attorney for Plaintiffs


mailto:[email protected]



36

CERTIFICATE OF SERVICE

I hereby certify that the foregoing, JOINT PRETRIAL ORDER was filed with the Clerk of Court using the CM/ECF filing system, which will send notice of such filing to the following:

Mark DorosinElizabeth HaddixTaiyyaba QureshiUNC Center for Civil RightsLaw School AnnexCampus Box 3382Chapel Hill, NC [email protected]@email.unc.eduAttorneys for Plaintiffs

Brenda ShumLawyer’s Committee for Civil Rights Under Law1401 New York Avenue NW, Suite 400Washington, DC [email protected] Hac Vice Co-Counsel for Plaintiffs

Ezra D. RosenbergDechert LLP902 Carnegie Center, Suite 500Princeton, NJ [email protected] Hac Vice Co-Counsel for Plaintiffs

This the 10th day of July 2013.THARRINGTON SMITH, L.L.P.

/s/ Deborah R. StagnerKenneth A. Soo, NC Bar # 16270Deborah R. Stagner, NC Bar # 24543209 Fayetteville Street P.O. Box 1151 Raleigh, NC 27602-1151Tel: 919-821-4711 Fax: [email protected]@tharringtonsmith.comAttorneys for DefendantPitt County Board of Education






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