Vidrine, MCSB object to DOJ proposal

Legal counsel for the Monroe City School Board and Superintendent Brent Vidrine filed separate but complementary responses to the U.S. Department of Justice's list of proposed consent decree fixes.

Attorney Scott Wolleson, who is representing Vidrine, submitted his own proposed order and argued the court should use that one rather than the one filed by the DOJ.

Doug Lawrence, who represents the board, and Wolleson said the DOJ proposed order, in many cases, adds new obligations or expands those already existing, according to the consent decree. The current decree was set by the court in December 2015. The decree was updated with changed deadlines in spring 2016, but the requirements remained the same.

Read more: DOJ gives MCSB its fix-it list | Judge orders DOJ to list MCSB deficiencies | MCSB, Vidrine oppose request for special master | DOJ requests special master in consent decree | DOJ: Board should force compliance | DOJ, MCSB resolve some staffing questions | Monroe schools contempt argument continues | District provides consent decree data​

Lawrence argues that there is no cause to extend the decree deadline past Sept. 30, as set in the consent decree, nor has it been determined that the board cannot meet the established requirements by that deadline.

Lawrence argued against language the DOJ used in its proposed order that states the board is noncompliant with the consent decree. He said the court agreeing to that phrasing would be the same as the judge stating the district is noncompliant, which could establish a case for contempt without evidence being addressed first. He said he has no objection to the language "“[t]aking the following steps to ensure full compliance,” which the DOJ used in at least one instance because that describes status and intentions of the district.

Wolleson said the list as provided by the DOJ adds new, impractible obligations to the medical magnet program that were neither required by the consent decree nor requested by the medical magnet expert.

Teacher and administration placement

Wolleson and Lawrence argued against the creation of deadlines and reporting obligations regarding staffing. Wolleson stated the measures and suggested appointment of a special master were extreme and punitive.

Lawrence said the district will not work to reverse the progress made to desegregate staff so far, but the ratio of staff is unlikely to remain perfectly the same as it is now.

"As a practical matter, it is foreseeable that retirement, resignation, death or like circumstances that lead to the loss of school staff members could occur and inadvertently impact the percentage of teachers or administrators of a certain race currently employed at a school site. In addition, lack of racial diversity in the pool of qualified applicants available for employment to fill vacancies have an impact on the racial makeup of a school staff. Recruitment and staffing challenges that adversely affect the percentage of staff of a certain race are more likely to be encountered at schools serving secondary grade levels and those having specialized academic programs (e.g., magnet schools)," Lawrence said.

Carroll High School Medical Magnet Program

According to Lawrence, the district has been working to hire a qualified director for the medical magnet program. The DOJ had proposed advertising for the job on radio and television stations in Louisiana, Arkansas and Mississippi. Wolleson argued that would be too costly for the district with little chance of a return on that investment. Lawrence argued that the recruiting methods currently being used will be most effective in this job market.

"In initial feedback received while conducting recruitment efforts using health care industry contacts, the current job requirements (full-time, five days per week, full-year employment) are cited as the greatest challenge to recruitment. Qualified applicants can work fewer days and hours per week (sometimes on a part-time or PRN basis) within the local health care industry and earn the equivalent or more compensation," Lawrence said.

The DOJ proposed that program leadership visit similar medical magnet programs in St. Landry and Caddo parishes to develop best practices. Wolleson and Lawrence said the school in Caddo has a failing score on state accountability measures and is slated to close. The school in St. Landry Parish has a lower score than Carroll High School and the program is run by the principal.

Lawrence requests that the board be allowed to identify other more academically successful schools with medical magnet programs and other sources for developing the program at Carroll. The board, he said, is open to DOJ suggestions of successful programs.

Lawrence said the current program director is a counselor by training. The board asks that she can be moved to the open counselor position or that the board can advertise a vacancy for that position.

Equal course offerings

The board recommends arranging a conference call with  Equity Assistance Center for the Intercultural Development Research Association, the board and the superintendent immediately to ensure the consent decree requirements are accomplished. That, he said, would avoid the need for a court order.

Wolleson said since the DOJ submitted its motion for contempt in June, it has not been party to a conference call with IDRA. He proposed that the DOJ, counsel for the board and Vidrine and the IDRA start having conference calls after the independent court monitor files quarterly briefs to ensure compliance with the court's wishes.

Both attorneys asked that U.S. District Judge Robbie James hold a hearing to collect evidence in open court before an order is adopted and signed.

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