60 F.3d 435 (8th Cir. 1995), 94-2070, Little Rock School Dist. v. Pulaski County Special School Dist. No. 1

Docket Nº:94-2070.
Citation:60 F.3d 435
Party Name:LITTLE ROCK SCHOOL DISTRICT, Appellant, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, Appellee.
Case Date:July 12, 1995
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 435

60 F.3d 435 (8th Cir. 1995)

LITTLE ROCK SCHOOL DISTRICT, Appellant,

v.

PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, Appellee.

No. 94-2070.

United States Court of Appeals, Eighth Circuit

July 12, 1995

Submitted May 26, 1995.

Christopher Heller, Little Rock, AR (John C. Fendley, Jr. on the brief), for appellant.

Samuel Jones, III, Little Rock, AR, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

RICHARD S. ARNOLD, Chief Judge.

The Little Rock School District (LRSD) appeals the District Court's order requiring it to pay to the Pulaski County Special School District (PCSSD) $167,113 in majority-to-minority (M-to-M) payments received from the State of Arkansas. The record before us is wholly inadequate to enable us to determine whether the Pulaski County School Desegregation Case Settlement Agreement was violated, and, if so, by whom. We vacate the order of the District Court and remand this case for an evidentiary hearing and further findings of fact.

Under the Settlement Agreement, the State is obligated to pay the cost of educating all interdistrict students. This mandate is accomplished by the State's paying to the receiving district, the district to which the student transfers, the per-pupil cost of each student whose race is in the majority in her home district who transfers to an interdistrict school where she will be a minority-race student. In addition, the State pays to the sending district, the district from which the student transfers, one-half of the amount of money the district would have received had the student remained in her home district. These payments are known as "M-to-M payments."

The Settlement Agreement directs the use of these M-to-M payments.

[A]ll M-to-M payments generated by Interdistrict School students paid by the State to LRSD and PCSSD (including payment to each district as sending district and receiving district), except transportation payments, will be pooled for the education of all Interdistrict School students. The instructional budgets of the Interdistrict Schools will be equalized. This provision does not change each district's obligation to construct and maintain the Interdistrict Schools within its boundaries.

Settlement Agreement Sec. II p O(3).

Thus, all M-to-M payments generated by interdistrict school students and...

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