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Summary of

Proposed Consent Order

On June 30, 2014, the Court entered an order in the desegregation case involving the Huntsville City Schools (“Huntsville” or “the District”) and the United States Department of Justice (the “United States”) – Hereford v. Huntsville Board of Education. In the Order, the Court required that Huntsville and the United States “analyze and review the programs and practices” of Huntsville under the Green factors -- student assignment, faculty, extracurricular activities, transportation and facilities -- “as well as other factors that the Court finds relevant to the unitary status inquiry.” (Document 364, p. 92). The Court also ordered Huntsville and the United States to participate in mediation before Chief Magistrate Judge John E. Ott. The mediation was designed to help the parties explore and discuss the possibility of a joint proposed plan for a pathway to unitary status that “details” the factors, if any, in which the District could request that the Court “immediately” declare the District unitary and “those factors in which further action is necessary” before the Court finds the District unitary as to those factors. (Document 364, p. 93).

Huntsville and the United States participated in approximately 30 days of mediation. As a result, Huntsville and the United States have proposed a Consent Order that provides a road map for the District to attain unitary status and thus end the Court’s supervision of the District.

Based on their discussions and analysis of available information, the parties believe that the proposed Consent Order provides for equal educational opportunities for all students in the areas of student assignment, course offerings, extracurricular activities, faculty, facilities and discipline. Under the terms of the proposed Consent Order, the District will report to the Court and the United States on its implementation of the proposed Consent Order. In addition, the proposed Consent Order establishes a Desegregation Advisory Committee composed of parents and students to advise the Superintendent and inform the Court on the implementation of the proposed Consent Order. As part of the proposed Consent Order, the United States and Huntsville have agreed that the District is prepared to ask the Court for a declaration of unitary status in the area of transportation. Finally, the proposed Consent Order describes a process for Huntsville to be declared partially or totally unitary by the Court upon good-faith implementation of the terms of the proposed Consent Order for a reasonable time.

A. Student Assignment

1. Student Assignment Plan

Beginning with the 2015-16 school year, the District will implement a new student assignment plan, which includes changes to attendance zones and feeder patterns. The plan also provides for the following school closings, openings and renovations:

• Closing Butler High School at the end of the 2014-15 school year;

• Closing Johnson High School at the end of the 2015-16 school year;

• Opening Jemison High School at the beginning of the 2016-17 school year;

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• Constructing and opening the Hereford Elementary School to replace University Place Elementary no later than August 2016;

• Constructing and opening the new Grissom High School no later than August 2017;

• Renovating and adding additional classrooms to Martin Luther King, Jr. (“MLK”) Elementary School;

• Constructing a Pre-K-8 school to replace Morris Pre-K-5 and Westlawn 6-8 school; and

• McDonnell Elementary School will remain open.

2. School Grades and Feeder Patterns

The proposed Consent Order includes five high school feeder patterns and removes all feeder splits from the student assignment plan. The feeder patterns are:

• Columbia High School Feeder Pattern -- Williams P-5 and Providence P-5 feed to Williams 6-8; Morris P-5 and Ridgecrest P-5 feed to Westlawn 6-8; Williams 6-8 and Westlawn 6-8 feed to Columbia High School;

• Huntsville High School Feeder Pattern -- Hampton Cove P-5 and Goldsmith-Schiffman P-5 feed to Hampton Cove 6-8; Blossomwood P-6, Monte Sano P-6, Jones Valley P-6 and Sonnie Hereford P-6 feed to Huntsville 7-8; Hampton Cove 6-8 and Huntsville 7-8 feed to Huntsville High School;

• Grisssom High School Feeder Pattern -- Whitesburg P-5, Chaffee P-5 and McDonnell P-5 feed to Whitesburg 6-8; Farley P-5 and Challenger P-5 feed to Challenger 6-8; Mountain Gap P-5 and Weatherly P-5 feed to Mountain Gap 6-8; Whitesburg 6-8, Challenger 6-8 and Mountain Gap 6-8 feed to Grissom High School;

• Jemison High School Feeder Pattern -- Rolling Hills P-6, Lakewood P-6, Dawson P-6 and Highland P-6 feed to McNair 7-8; McNair 7-8 feeds to Jemison High School; and

• Lee High School Feeder Pattern -- Chapman P-5, MLK P-5 and Montview P-5 feed to Chapman 6-8, Chapman 6-8 feeds to Lee High School.

3. Majority-to-Minority Transfers

The District will implement revised procedures and timelines for M-to-M transfers. A M-to-M transfer is one in which a student in Kindergarten through 12th grade who is zoned or assigned to a school where the student’s race is in the majority may transfer to a non-magnet school/program where the student’s race is in the minority, provided space is available.

Beginning with the 2016-17 school year, the District will accept M-to-M applications from December 1 through January 15 and will conduct a lottery to place students in schools in which space is limited. The revised procedures include: comprehensive marketing strategies;

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transportation for M-to-M transfers; and measures to facilitate the transition of M-to-M students from their home/zoned school to their receiving schools so that classroom assignments and student schedules can be determined prior to the start of the new school year.

4. Magnet Schools/Programs

Huntsville will continue its magnet schools/programs under the direction of a Director of Magnet Schools and Programs. The magnet schools/programs that will continue to operate are Academy for the Academics and Arts (“AAA”); Academy for Science and Foreign Languages/International Baccalaureate Primary Years Programme and Middle Years Programme (“ASFL”); Creative and Performing Arts Magnet Program at Lee High School; Williams Technology Middle School; New Century Technology High School; Columbia High School – International Baccalaureate Programmes; and New Century Technology High School.

Huntsville will open a new magnet program at Jemison High School -- the College Academy -- beginning in the 2016-17 school year. The College Academy program allows students to simultaneously earn a high school diploma and two years of college credits that are transferable to public institutions of higher learning in Alabama. The program will expose students to college curricula and teaching styles and will provide students with study skills development, academic counseling and immersive experiences on a college campus.

The District will nominate students and accept applications to the College Academy from seventh grade students and will admit students to the College Academy prior to the end of each student’s seventh grade year. In admitting students to the College Academy, the District will give priority in admission to eligible McNair Junior High School students for approximately one quarter of available seats.

When the Jemison High School opens in the 2016-17 school year, the District will permit the Law Academy magnet students who are enrolled in the Law Academy magnet program during the 2015-16 school year to remain enrolled at Jemison High School and to continue in the Law Academy program until these students complete 12th grade. After these students complete the 12th grade, the District will discontinue the Law Academy magnet program as a magnet program and instead will offer the Law Academy magnet courses as non-magnet elective courses at Jemison High School.

Huntsville will ensure that the magnet schools/programs will be open to all students in the District, have desegregated enrollments and provide high-quality, specialized programs to address the interests of students who enroll in the magnet schools/programs. Examples of the specific provisions include:

• Use of a centralized application process, and coordination of improved information and outreach efforts; and

• Ensuring that each magnet school/program has the courses, facilities, and other resources to support its unique mission.

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B. Equitable Access to Course Offerings and Programs

The Equitable Access to Course Offerings and Programs section includes provisions intended to ensure that all students have equitable access to course offerings and programs in the District. These provisions include: teacher and administrator hiring and professional development; equitable distribution of teachers; Pre-Kindergarten program; gifted programs; special education services; mathematics acceleration; support services for math and English Language Arts; Honors, Advanced Placement (“AP”) and International Baccalaureate (“IB”) courses; after-school programs; guidance counseling; students at risk; parent/guardian workshops; industry/community partnerships; financial assistance with fees for courses, exams and magnet program activities and career academies. Huntsville will hire or designate a cabinet-level administrator or administrators to oversee implementation of the course offerings section of the Consent Order.

1. Teacher and Administrator Hiring and Professional Development

Huntsville will implement a screening process for new applicants to determine each applicant’s awareness of, attitude toward, and knowledge and skills for working with diverse populations. Teachers, counselors and administrators will participate in professional development on culturally-responsive strategies for serving students from all backgrounds.

2. Equitable Distribution of Teachers

This provision has three sets of comparability requirements for the equitable distribution of teachers. These are:

• reviewing credentials and experience of secondary teachers in departments (English, mathematics, science and social studies) to ensure comparability in secondary schools. If the departments are not comparable, the District will take measures to ensure that they are comparable;

• reviewing probationary teachers to make sure that they have comparable measures of effectiveness; and

• managing, hiring and assignment of teachers to ensure comparability of teacher experience across schools.

3. Pre-Kindergarten (“Pre-K”) Program

The District will ensure that each elementary school has at least one Pre-K class and, when adding Pre-K classes at non-magnet schools, it will consider the socio-economic and special education needs of students in the District. The District will take steps to ensure that parents/guardians are aware of the Pre-K program and will provide parent/guardian workshops as part of the Pre-K program.

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4. Elementary Gifted Programs

Huntsville will designate or hire a central office administrator to oversee the District’s elementary gifted programs. In addition, the District will implement a number of measures regarding its elementary gifted programs, including:

• developing and implementing a District identification process to ensure that students who are eligible for the elementary gifted program receive services on an equitable basis;

• revising the curriculum for gifted students to ensure that it is rigorous and challenging and provides for the success of gifted students of all racial groups;

• ensure effective gifted teachers in all areas of the District;

• conducting professional development for gifted teachers in areas such as teaching techniques and creating curriculum and environments that are culturally responsive;

• ensuring that all students identified as gifted have equitable access to gifted resources; and

• engaging in outreach to parents/guardians about the gifted program.

5. Mathematics Acceleration

The District will implement rigorous mathematics curricula for all students so that students receive the academic preparation to take AP/IB diploma courses by grade 12. The District will implement an accelerated math curriculum that creates a pathway to prepare all students to take Algebra I in eighth grade. The District will revise its current math benchmark assessments in grades three through 12 to align with the accelerated standards for math, and it will implement professional development opportunities for advanced mathematics study for teachers.

6. Support Services for Math and English Language Arts

The District will develop and implement support services, such as tutoring and providing classroom teaching aids, for elementary and secondary students in math and English Language Arts (“ELA”).

7. Honors, AP and IB Courses in Secondary Schools

For the 2015-16 school year, each high school will teach no fewer than 10 AP or IB classes and no fewer than six Honors classes, and for the 2016-17 and for each subsequent year of the Consent Order, each high school will teach no fewer than 12 AP or IB classes and no fewer than eight Honors classes. Examples of additional requirements are:

• reviewing criteria for enrollment in Honors, AP and IB courses to ensure that the criteria are multifaceted and do not create barriers for Black students;

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• developing support services for students from groups that are historically under-represented in Honors, AP and IB courses;

• establishing and monitoring enrollment and performance goals for each school for Honors, AP and IB courses and strategies for achieving these goals; and

• conducting recruitment and outreach for students to participate in Honors, AP and IB courses and providing support information for parents/guardians.

8. Performing Arts Class Review

The District will review performing arts classes, such as band and chorus, and related performing arts activities to ensure that each school offers comparable opportunities and that non-magnet performing arts programs are not added that duplicate or compete with the unique programming at magnet schools/programs.

9. After-School Programs

By the beginning of the 2015-16 school year, there will be two new after-school programs at elementary schools located in north Huntsville, and up to 30 students who enroll in one of the two new programs and who qualify for free and reduced meals will have their fees paid by the District. In addition, the District will advertise after-school programs, including low cost programs in the community, through a variety of means, including the District’s website. M-to-M transfer students at Goldsmith-Schiffman Elementary School will be permitted to participate in the after-school program at no cost. The District will permit students to attend an after-school program at a school other than their home/zoned school when there is not a program at the student’s home/zoned school and will provide transportation to that program using existing bus routes.

10. Guidance Counseling

The District will review and revise, as necessary, its screening process for counselors to ensure that counselors have the skills to support students of diverse backgrounds and the commitment to support closing the achievement gap between Black and White students. This provision includes:

• coordination by central office administration of counseling services to ensure access to comparable materials, resources and information at each school;

• development of a uniform package of guidance information on course offerings, prerequisites and college and career planning; and

• professional development for high school counselors and assistance to traditionally under-represented high school students and their parents/guardians regarding college counseling, application and scholarship information.

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11. Students at Risk

The District will use school-based Problem Solving Teams (“PSTs”) to identify students in grades six through 12 who are at risk of not graduating with their cohort and to develop strategies to support students. The District will ensure that students are not suspended for tardiness or truancies.

12. Parent/Guardian Workshops

The District will conduct workshops for parents/guardians to provide support and information on a number of topics, including helping their children with homework and information about resources for their children’s academic and career-related needs and interests.

13. Industry/Community Partnerships

The District will review District and school parent, community and industry support networks to identify differences among schools, and based on this review, will develop and implement a plan to strengthen support networks and increase industry/community partnerships.

14. Financial Assistance with Fees for Courses, Exams and Magnet Program Activities

The District will not charge fees for core and magnet courses and will provide financial assistance to students who cannot afford fees for courses, exams and magnet program activities, where fees would otherwise be charged. The District will advertise this provision and other educational programs and support services eligible for local, state or federal financial assistance, such as ACT testing, through a variety of means, including online, by telephone and through local media.

15. Self-Monitoring

Annually, the District will review at the District level and for each school courses, services, programs and student outcomes, such as participation in AP, Honors and IB courses, graduation rates, attendance rates, performance on ELA and math state assessments and identification for gifted and special education services under IDEA. Based on this review, the District will develop and implement plans at the District and school level to address any identified racial disparities.

In addition, annually, each school will conduct a review of internal classroom assignment data to identify and analyze opportunities for greater racial proportionality within English and math physical classrooms. Based on this review, schools will work with the District to develop and implement plans that determine whether there are educationally-sound and non-discriminatory reasons for classroom assignments where there is racial disproportionality, document those reasons, if any, and if there are not any such reasons, include strategies to improve racial proportionality of physical classroom assignment in English and math classrooms over the coming school year.

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16. Career Academies

The District will offer the same curriculum and comparable resources and facilities for the Advanced Engineering and Manufacturing Program at Grissom and Jemison high schools. The District will allow students to enroll in career academy courses not offered at their school of enrollment and will provide transportation to those students who enroll at another school.

C. Extracurricular Activities

The District will provide students at each school an equal opportunity to participate in a range of extracurricular activities, including providing a minimum number of clubs and activities at the elementary, middle/junior high and high school levels. For example, at the high school level, each high school is required to have a National Honor Society, a math team and four additional academic teams for professional clubs, at least two of which will be academic teams. As part of this provision, the District will: set participation targets for the required activities at the elementary and middle/junior high school levels and monitor progress toward meeting these targets; and implement outreach strategies to make sure that students are aware of the extracurricular activities.

D. Faculty

The District is committed to the equitable selection of Black principals by continuing measures to support the promotion of Black teachers and administrators and interviewing all eligible individuals recommended for the Teacher on Special Assignment program. In addition, the District will ensure that demotions, suspensions, dismissals/terminations or other discipline of employees are based solely on non-racial criteria and that decisions regarding pay are based solely on non-racial criteria.

The District will maintain the practice of assigning classroom teachers so that the racial breakdown of teachers in a school reflects the District-wide average for that grade level. For example, an elementary school will meet the goal if it is within plus or minus 15 percentage points of the percentage of Black elementary teachers in the District. For the assignment of principals, the District will maintain practices that assign Black principals such that they are equitably distributed among schools with disproportionately low numbers of Black students and schools with disproportionately high numbers of Black students.

E. Facilities

The District will provide equitable facilities so that no matter where a student attends school, the facility will provide the student with equal access to a quality education. Upon good faith compliance with specific provisions below, the District will move for a declaration of unitary status concerning facilities. The specific provisions include:

• continuing construction of Jemison High School, McNair Junior High School, Grissom High School, Whitesburg Pre-K-8 and Hereford Elementary Schools;

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• renovating MLK Elementary School;

• constructing a Morris Pre-K-8;

• continuing to implement its elementary school playground equipment modernization project based on the District’s priority list; and

• ensuring that each existing or new school with grades seven and eight built as part of the District’s Construction Plan has a SMALLab and that all SMALLabs are of comparable quality.

In addition, the District has obligations that include:

• adhering to District-wide standards when renovating or replacing existing schools or constructing new schools and when improvements are made to teaching technology, school security systems and environmental materials;

• eliminating all portables in use in 2014-15 by the 2017-18 school year and only using portables in the future as necessary as a temporary solution; and

• requesting Court approval prior to the construction or closure of any school and prior to making renovations or additions that alter M-to-M capacity.

F. Student Discipline, Positive School Climate and Effective Classroom Management

Huntsville will make revisions to its Student Code of Conduct, including:

• eliminating the use of out-of-school suspensions for class one offenses;

• reviewing class two and three offenses and reclassifying them as lower level offenses, where possible, or eliminating the use of out-of-school-suspensions for these offenses;

• communicating clearly expected positive behaviors for each age group and providing disciplinary consequences that are consistent, age appropriate and correspond to the severity of the student’s behavior;

• incorporating a continuum of graduated discipline alternatives, such as student conferencing, conflict resolution and restorative justice strategies; and

• limiting discipline to conduct occurring on school property or at school activities, except where there is an identifiable serious threat of physical harm to the District, District student(s) or District employee(s).

In addition, the District will apply its dress code policies, including any uniform policy, fairly and consistently, across all schools. The District will ensure that each school implements strategies so that students understand the revised Student Code of Conduct and that

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parents/guardians are informed about the revisions and the District’s approach to positive school climate.

Also, the District will expand and implement its Positive School Climate Program that includes evidence-based practices to improve school climate, to teach students behavior expectations, to reinforce positive student behavior, and to provide teachers strategies for early intervention for student behavior issues. The District will complete implementation of the Positive School Climate Program by the 2018-19 school year. As part of this program, the District will develop and monitor continuous improvement goals for each school with the objectives of improving positive school climate, reducing discipline rates and decreasing racial disparities.

The District will provide support to students through the school-based PST process for students with repeated and escalating behavior issues. The PST will develop and monitor plans for these students that include positive behavioral interventions, strategies and supports.

The District also will take the following steps regarding alternative schools:

• reviewing the alternative school code of conduct and classroom management practices to make them consistent with the District Positive School Climate approach;

• developing strategies to improve student engagement in coursework;

• working with a transition coordinator at the alternative school to develop transition plans for students while they are at the alternative school and when they transition back to a regular school; and

• reviewing annually the effectiveness of the alternative school program in supporting the District approach to student conduct and positive school climate.

The District will review and amend, as necessary, its Memorandum of Understanding with the Huntsville City Police Department to delineate authority and specify procedures for law enforcement to use when interacting with students on school grounds, and the District will provide professional development for the School Resource Officers and school security officers.

G. Transportation

The District and the United States agree that the District has complied with its transportation obligations, and the District is prepared to ask the Court for a declaration of unitary status.

H. Desegregation Advisory Committee

The proposed Consent Order creates a Desegregation Advisory Committee (“DAC”) to advise the Superintendent and to inform the Court about its assessment of the District’s implementation of the terms of the Consent Order. The DAC will consist of 12 members -- 10 parents/guardians of students and two high school students -- to be selected by the United States and the District. In selecting members for the DAC, the United States and the District will take into account the demographics of the District and the relevant qualifications and reasons for selections. The DAC will review information relevant to the Consent Order, hold public meetings, and provide an

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annual report to the Superintendent. The Superintendent will present to the Board the DAC’s report and his commentary regarding the report.

I. Monitoring and Reporting

For most provisions of the proposed Consent Order, the proposed Consent Order requires the District to provide detailed annual reports to the Court by November 15 of each school year. The Court, in its discretion, may require other reports and status conferences.

J. Termination

The Court will continue to have supervision of the case until the Court declares the District unitary. The United States or the District may move separately or jointly for a declaration of partial or total unitary status when the District can demonstrate to the Court that it has implemented in good faith a section or sections of the proposed Consent Order for a reasonable period of time. For Facilities, the District and the United States agree that District will meet its obligations when it complies with the Facilities section. The District, or the parties jointly, will then move for a declaration of unitary status as to facilities.