Full opinion text
ORDER FOR DESEGREGATION OF THE YONKERS PUBLIC SCHOOL SYSTEM SAND, District Judge. INTRODUCTION On November 20, 1985, this Court held that actions taken by the City of Yonkers and the Board of Education, with respect to housing and public schools, were in whole or in part intentionally segregative. United States v. Yonkers Board of Education 624 F.Supp. 1276 (S.D.N.Y.1985). On December 18, 1985 the Court established a schedule for the action’s remedy phase. The Yonkers Board of Education and the City of Yonkers were directed to submit remedy proposals on or before February 17, 1986. On February 17, 1986, the Yonkers Board of Education submitted to the Court and the parties its proposed remedial plan, entitled “Educational Improvement Plan for the Yonkers Public School System”. The United States and Plaintiffs-intervenors (hereinafter “the NAACP”) filed their responses to the Board’s remedial proposal by March 12, 1986. On April 2, 1986 the Board filed modifications to its original remedial proposal, entitled “Modifications to the Educational Improvement Plan submitted on February 17, 1986” to which the United States and the NAACP filed responses by April 7, 1986. The Court conducted a hearing from April 8, 1986 through April 15, 1986 receiving testimony and documentary evidence to assist it in fashioning an appropriate remedy for the unlawful condition of segregation found to exist in the Yonkers Public Schools. On April 22, 1986, this Court issued its opinion and Proposed Remedial Order. On May 7, 1986, the Board submitted its Response and Objections to the Court’s Proposed Remedial Order. Following consultation with all the parties the Court hereby sets forth its order for the desegregation of the Yonkers Public School System. A. IMPLEMENTATION STRATEGIES The implementation strategies which form the foundation for the Yonkers public schools Educational Improvement Plan shall include: 1. School Closings The district shall close the following schools effective September, 1986: School # 6 School # 10 School #11 School # 32 School # 34 Fermi Middle School Hawthorne Middle School Yonkers High School 2. Elementary Schools The district shall operate the following elementary schools effective September, 1986: School # 5 School # 8 School # 9 School # 13 School # 14 School # 16 School # 17 School # 19 School # 21 School # 22 School # 23 School # 26 School # 28 School # 29 School # 30 Enrico Fermi The attendance zones for these schools shall be those areas set forth in Appendix A. During the 1986-87 school year, the Board shall develop and begin to implement attendance area magnet programs designated for School 19 and Enrico Fermi, to open September 1987. 3. Dedicated Magnet Schools The district shall operate dedicated magnet schools to reduce racial/ethnic isolation by attracting students to programs that emphasize areas of special interest. Students will be recruited to leave their regular attendance zone school to enroll in schools that have no specific attendance zone. The district shall operate the following district-wide dedicated magnet schools effective September, 1986: School # 10 — Early Childhood Center (Pre-K) PEARLS — Gifted and Talented (Pre K-6) Hudson River Museum Junior High School — Science, Social Studies and Creative Arts, Gifted and Talented (7-9) Saunders Trades, Technical, Business and Computer High School (and Academic Magnet Component) Until the new Hudson River Junior High School is completed the 7-9 Gifted and Talented magnet program currently housed in Emerson and Mark Twain will be moved to Hawthorne. In addition, the 4-6 Gifted and Talented component of the PEARLS program planned for September, 1986 will also be housed in Hawthorne. Upon opening of the Hudson River Junior High School Hawthorne shall house the PEARLS program Pre K-6. Until the new Hudson River Junior High School is completed, the Pre K-3 component of the PEARLS program will be housed in School # 32. Admission criteria for dedicated magnet schools, as well as for other magnet and specialized programs, will be submitted to a court appointed Monitor by June 1, 1986 for the magnet schools and programs to be implemented in September 1986 and by January 15, 1987 for the magnet schools and programs to be implemented in September 1987. Any party may offer its comments on such criteria to the Monitor. This procedure will be followed whenever a new program is slated to commence in the ensuing school term. All magnet students will take the required subjects and course work necessary for promotion and graduation, and all high school magnet students will have the opportunity to meet college entrance requirements. By June 15, 1986 the Board shall provide the Monitor and the parties with a description of the academic magnet program to be offered at Saunders. 4. Attendance Area Magnet Schools The district shall operate the following attendance area magnet schools effective September, 1986: School # 18 — Scholastic Academy for Traditional Education (K-6) School # 25 — Science, Social Studies, Physical Development, Creative Arts, Extended Day (K-6) School # 27 — Montessori, Humanities and Creative Arts, Extended Day (K-6) Martin Luther King — High Technology Computer Assisted Instruction, Extended Day (K-6) Burroughs Junior High School — Career Development and Pre-Vocational (7-9) Emerson Junior High School — Performing and Visual Arts, Multilingual Education (7-9) Mark Twain Junior High School — Physical Development (7-9) Gorton Senior High School — Pre-Professional Magnet Program (10-12) Lincoln Senior High School — Performing Arts Magnet Program (10-12) Roosevelt Senior High School — Communication Arts Magnet Program (10-12) Effective September 1987, the following additional attendance area magnet schools will be opened: School # Multilanguage Options — Global Perspective (K-6) Enrico Fermi — Computer Assisted Instruction and Performing Arts (K-6) The attendance zones for all of the attendance area magnet schools are set forth in Appendix A. For the first year of this Order the attendance area elementary magnet school will be integrated by admission policy which will afford an opportunity for enrollment to all students in the district to the maximum extent consistent with the integrative goals of the Order. In implementing this policy the Board may impose such limitations as shall be appropriate to achieve its objectives. At the secondary level attendance area students and interested magnet students from throughout the district will be selected by application controlling for racial and ethnic balance. 5. Voluntary Student Transfers — VST The district shall direct a Voluntary Student Transfer program permitting minority students who attend predominantly minority schools to transfer to non-minority schools. Conversely, white students attending predominantly white schools may transfer to predominantly minority schools of their choice for the same reason. The purpose of such transfers is to enhance the racial/ethnic balance of the receiving school. Such transfers will not be permitted, however, if they would adversely impact on the racial composition of either the receiving or the sending school. To encourage Voluntary Student Transfers, enrichment and supplemental programs will be established in those schools where sufficient seating capacity has been identified. B. SCHOOL DISTRICT ORGANIZATION The district shall establish a K-6, 7-9, 10-12 grade pattern organization as follows: PROPOSED ORDER — SCHOOL DISTRICT REORGANIZATION CIS = Compensatory Infusion Services CAI = Computer Assisted Instruction VST = Voluntary Student Transfer * All neighborhood schools will also have a common core of enrichment programs. The programs described here are above and beyond the common core. ** And a strong academic Magnet component the precise nature of which shall be recommended by the district and which may be commenced on a grade-a-year basis. *** Subject to the Court’s final decision regarding Whitman following completion of the housing portion of the remedy hearings and without prejudice to that decision. C. INTEGRATION GOALS AND TIMETABLE The District shall seek to achieve the following levels of desegregation as measured by the percentage of students attending desegregated schools at the respective grade pattern organizational levels: Start of School Year Jo of Elementary Students Jo of Junior High Students % of Senior High Students 1986- 1987 50% 100% 100% 1987- 100% 100% 100% For purposes of this Order and at the present time, a desegregated school shall be defined as within plus or minus 20 percentage points of the districtwide average of minority students, (the relevant minority population is comprised of Black and Hispanic students), for that grade pattern organization level; if the school is a dedicated magnet or an attendance area magnet, however, it is desegregated if its minority enrollment is within plus or minus 15 percentage points of the districtwide average of minority students at that grade pattern organization level during the first year of operation and plus or minus 10 percentage points of the districtwide average for that grade pattern organization level in the second year of operation. Those schools which do not meet the district’s integration goals and which remain predominantly minority during the transition period shall provide supplemental educational services. D. STUDENT ASSIGNMENT 1. Recruitment In order to maximize the extent to which the integrative goals of this order will be reached through voluntary student assignments, the administration of the Yonkers public school system will establish an intense recruitment phase which will include the following activities: • dissemination of brochures and fliers describing the new program options throughout the city • direct mailing of program options and descriptions to all parents • newspaper, billboard and radio and cable television announcements of available magnet programs • publication of all recruitment material in Spanish and Arabic • school based recruitment meetings conducted by building administrators and central office staff • telephone recruitment centers, English and Bilingual, through which parents will be called directly to explain magnet programs • telephone hotline to respond to inquiries • acceptance of initial registration by telephone as appropriate • community meetings with minority groups and organizations to solicit support and assistance in the dissemination of magnet program availability • door to door canvass by district personnel to explain magnet program availability • magnet fair in which students and their parents will be transported to central display centers with movies, slides and material available for briefing 2. Selection A fundamental aspect of the implementation procedures in the Remedy proposal will be the requirement that all parents must select the schools which their children will attend for September 1986 even if it is the attendance area school. Parents must indicate their first three choices for 1986— 87. For the first year, no student will be admitted into any school, magnet school, or attendance area school without the parent having indicated that selection as one of the three choices. The Board shall make every effort to assign each student to the optimum choice school listed on his or her choice form. For 1987-88, the parent or guardian of each student in the district will again be required (as early in the school year as is deemed feasible but no later than March 1, 1987) to submit to the Board in writing a school choice form listing three choices for his or her child. For the 1987-88 school term, at least one of the child’s choices must be a school where that child’s attendance will further the goals of desegregation as defined in this order. Again, the Board shall make every effort to assign each student to the optimum choice school listed on his or her form. The same procedure will be followed in subsequent years for students living in the district but attending public school for the first time, students born in the district who are beginning school, students transferring into the district, and students moving from one grade organizational level to the next (e.g., from junior high to high school). This procedure will begin immediately after the issuance of this Order. In subsequent years, as much planning lead time shall be provided as is possible. The objective of requiring three options is to force a choice and thereby inform parents of the availability of magnet program options and encourage their selection. All applications will be logged and numbered and a receipt given for each application. Only one application per child will be accepted. The procedure would be initiated immediately after issuance of the Order and certainly before the end of the 1985-86 school year. In subsequent years, it would be initiated early in the school year to provide as much planning lead time as possible for the district and for parents. In addition to selection forms and program descriptions which will be mailed to all parents in the district, building principals, counselors and teachers will be required to meet with parents and review the options available to them. (a) Admission Criteria After the initial selection phase has been completed, the district shall use the following process for admission into the magnet schools provided it does not prevent the district from achieving its goal for desegregation: For those magnet schools or programs in which the requests of qualified students do not exceed stated capacity, those students will be immediately notified and admitted. For those magnet schools or programs in which the requests of qualified students are greater than stated capacity, first priority will be given to those students already enrolled. Then, a random selection will be conducted on the basis of desired integrative goals. Such random selection will be conducted publicly with observers. For those students whose first choice of a magnet school is not granted, the parents will be individually contacted to reaffirm the desirability of the second or third choice. Every effort shall be made at this stage to encourage the parents to accept the second or third choice of a magnet school. For those students who are placed on a waiting list at the request of the parents because of the unavailability of space, a requirement will be established that they must reapply during the next recruitment phase but will be given preference provided that the granting of such preference will not adversely impact the racial/ethnic balance of the school. If admission criteria are met, every preference shall be given to the siblings of children already enrolled in magnet schools provided that such admission does not adversely impact on the racial/ethnic balance of the magnet school. (b) Sibling Preference When more applications for vacancies in a school or program are received than there are seats available, all applications will be randomly selected. After random selection, a rank-ordered waiting list, based on the random selection, will be developed. Names of siblings not initially accepted will be placed at the top of the rank-ordered waiting list. If only one twin is accepted the other twin will also be enrolled provided that whatever admission criteria exist, if any, are met. (c) Admission to Specialized Programs Gifted and Talented students selected for participation in the district’s Gifted and Talented Magnet Programs are those who, by virtue of potential and/or achievement, are capable of high academic performance. Eligibility for the program is determined for each applicant following a careful analysis of standardized test scores, report card information, teacher input (on learning, task commitment, creativity and leadership) and parent input when possible. Entrance examinations will be included at the fourth grade level and above. All available information will be recorded and handled through a weighted matrix traditionally used for the selection of Gifted and Talented students. (Baldwin Matrix). On the basis of the test scores of the students who apply, a cut-off point will be determined and then students shall be admitted on a racial/ethnic balanced basis. It is anticipated that the selection will be geared toward the top five percent over the district cut-off point or points on multi-measures. Student selection shall be made to ensure a balanced racial/ethnic student composition and will be conducted by a committee of at least three administrators, to include at least one of whom would be minority. Enrollment in these programs continues from one grade level to the next provided a student is achieving at the expected rate and level and the parents desire program continuation. A student may be counseled out of the program if progress is poor and/or the program is not in the student’s best interest. Citywide High School Career Specialty Magnet Programs will enroll students who have a sincere interest and believe they have the ability to succeed. Prior to submitting an application for such a program, counseling services will be provided so that there is reasonable expectation that the student will meet the success. The student and parent will be provided with information clearly outlining the schools’ programs, expectations, and course requirements. If the number of applicants exceeds the available space, students will be selected based upon aptitude for the specific area, teacher recommendation, report card information and attendance patterns. These data will be weighted and ranked to ensure balanced racial/ethnic participation. Student selection will be made by a team of at least three administrators, at least one of whom shall be a minority member. The Performing and Visual Arts Magnets will accept applications from interested students who must also undergo an audition in their specific areas of interest. These areas include Dance, Drama, Vocal and Instrumental Music. Selection will be made on the basis of specific criteria for each performing arts area. Student selection will be made to ensure racial/ethnic balance and selection will be made by a group of at least three performing arts teachers, at least one of whom shall be minority member. Students applying for Fine Arts and Graphic Arts programs must submit a portfolio of work for review. Selection will be made on the basis of specific criteria for the Visual Arts. Student selection will be made to ensure a racial/ethnic balance and selection will be made by a group of at least three Visual Arts teachers, at least one of whom shall be a minority member. (d) Notification of Status Parents or guardians will be notified by mail indicating whether their children have been accepted, or placed on a waiting list for magnet schools or programs. Parents will be asked to confirm their intention to enroll their children in the program into which they have been accepted by mailing back within a stated return period, a confirmation letter which will have been enclosed in their letter of notification. 3. Appeal Procedure Parents who wish to question admission procedures or appeal the decision of the selection committee will be required to put appeal in writing. The parent first will be invited to discuss the concern with a magnet counselor. If, after the counselor interview, the parent desires to continue the appeal, a Placement Review Committee will review all material and make a final determination of magnet placement. The decisions must not adversely affect the integrative objectives of this Order. If a student cannot be accepted immediately after review, an otherwise qualified student will be placed on a priority waiting list. The Placement Review Committee will be composed of at least three Central Office administrators to be determined by the Superintendent of Schools and will include minority participation. E. STAFF ASSIGNMENT The district shall make every effort to ensure that by September, 1986, the racial composition of teachers at each school within approximately plus or minus five percentage points of the districtwide average for minority teachers, as a result of reassignments in connection with school closings and conversions and the reassignment of teachers to magnet schools and magnet programs. Thereafter, the district shall attempt to maintain the racial distribution of teachers on a reasonably uniform basis, while respecting the provisions of the collective bargaining agreement between the district and the Yonkers Federation of Teachers. If the Board cannot achieve this goal while adhering to the collective bargaining agreement, the parties may make applications to the Court for the requisite modifications. With respect to the staffing of magnet programs and magnet schools, the district and the Yonkers Federation of Teachers have agreed to establish a process for selection which would address the mutual concerns of both parties. Although the Court denied the application by the NAACP for the adoption of an affirmative action hiring program at this time such ruling is without prejudice to renewal subsequent to March 16, 1987 if it should appear that the aforesaid efforts of the Board and the Yonkers Federation of Teachers have not achieved satisfactory levels of minority staff hiring and distribution throughout the Yonkers school system. F. SPECIAL EDUCATION 1. Principles for Administration of Special Education • In the administration of its Special Education services, the district shall adhere to the following principles: • That handicapped students be guaranteed the same constitutional rights provided all other students • That all other regular education interventions and strategies are explored and utilized where appropriate prior to a students referral for and placement in special education programs ■ That in as much as special education is one among many instructional options encompassed within a continuum of educational services, it is the responsibility of both regular and special education to meet the educational needs of handicapped students, particularly with respect to such areas as occupational education, gifted and talented programs, limited English proficiency services and other magnet programs operated by the school district • That to the maximum extent appropriate, handicapped students should be educated with students who are not handicapped and that removal of handicapped students from the regular education environment should occur only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily • That handicapped students are entitled to the right to due process, and the right to participate in appropriate education programs and activities in the least restrictive environment • That the provision of appropriate educational opportunities for handicapped students is based on the identification and evaluation of each student’s unique needs • That tests and evaluation materials will be non-discriminatory and utilized for the purpose intended • That all handicapped students and their parents should be afforded the protections of procedural due process in the identification, evaluation and placement within special education, including collection, use and dissemination of all data developed by the district for that purpose. • That handicapped students be grouped for classroom placement by age-appropriate functioning level, and that such groupings reflect the system-wide racial/ethnic composition of all like special education groups at that functioning level, the only exception to this racial/ethnic criterion for grouping shall be those groupings designed for the provision of bilingual special education services • As legally mandated, each student receiving special education services will have an annual program review by the Committee on the Handicapped in order to evaluate the appropriateness and effectiveness of program placement and services and also a triennal assessment for the purpose of determining the need for continuation, change, or termination of special education services 2. Criteria for Location of Special Education Program Within Individual Schools ■ Programs for the following students; secondary — resource (R); secondary— learning problems (L); and secondary— emotional problems (E), will be placed in all junior and senior high schools with attendance zones to enable students receiving these programs to attend school in their income attendance zone. • Programs for the following students; elementary — resource (R); elementary— learning problems (L); and elementary— emotional problems (E), will be placed in attendance zone elementary schools to the extent possible. In the absence of adequate numbers of students of like functioning level in each elementary attendance zone school, programs for students of like functioning level will be placed in schools closest to their attendance zone school. • Programs providing services to elementary students who are educable mentally retarded (ER); hearing impaired (H); and neurologically impaired (N), will be placed in schools located in approximately the center of the city so that transportation is kept at a minimal level. • Programs providing services to secondary students who are educable mentally retarded (ER); hearing impaired (H); and neurologically impaired (N), will be placed in each attendance zone secondary school to the maximum extent possible based upon the numbers of students requiring such services. In the absence of sufficient numbers of students of like functioning levels, students will be placed in schools closest to their attendance zone schools. • Programs for “low incidence” handicapping conditions providing services to elementary and secondary students who are trainable mentally retarded (TR); speech and language impaired (SL); gifted learning disabled (HL); bilingual handicapped (LB); multiple handicapped (MH); physically or orthopedically handicapped (PH); Rockland Day Treatment Program (E-YDT); Yonkers Learning Center (E-YLC); diagnostic (D), and emotionally disturbed students with non-aggressive behavior (EN), will be placed in schools compatible with the unique needs of the students and the regular education programs within the schools. • Programs providing speech (Spch) or vision (Vis) resource services for handicapped students whose only special education needs are these services will be provided to the students in their attendance zone schools. 3. Guidelines for the Assignment of Special Education Students into Programs Within Schools • Transportation shall be provided to special education students where their homes are one and one-half miles from their assigned schools. Such transportation shall not exceed forty minutes of travel time and shall be scheduled to ensure that the school day affords a full day of instruction. Transportation will be provided to any special education students regardless of their residence and school program if the Committee on the Handicapped (COH) determines that the handicapping condition is such that transportation is required. • Special education students shall have the opportunity to be mainstreamed in accordance with their Individual Education Program (I.E.P.). • The district shall make every effort to maintain elementary special education students in their assigned K-6 school in order to ensure continuity of program. In the absence of an appropriate program in the assigned elementary school, the special education student may be reassigned to a different school only once. However, a change in placement by the COH overrides this one time only reassignment. • Special education students are ensured access to all district extra curricular activities and, in addition, will be provided the necessary transportation. • Special education students are ensured access to all regular education occupational and magnet programs. Applicants for such programs will be required to complete the application process and to be diagnosed for career options by a professional. The assessment will be made available to the COH for recommendation. • The district shall make every effort to ensure that the racial/ethnic composition of students of like functioning level student groupings shall reflect the composition of students of like functioning levels on a districtwide basis. • Special education students will be placed in classes designed to meet their needs and not assigned to integrate schools. 4. Guidelines for the Placement of Limited English Proficient (LEP) Students into Special Education Classes • Limited English Proficient (LEP) students who are of foreign birth or ancestry, who speak little or no English, and who have scored below the statewide reference point on an English language proficiency test, and who are referred to the COH for possible Special Education, should be further assessed for language dominance in their native language in order to ascertain the language to be used for further assessment. • The use of tests for potentially handicapped LEP students will be non-biased and non-discriminatory in accord with the most current research. LEP students will be assessed by diagnosticians proficient in the child’s native language, where available. In the absence of such a diagnostician, the student will be provided a translator during the assessment process. In this event, the COH will ensure the use of non-verbal assessment instruments as well. A native language representative will assist the parent/guardian and student in all aspects of the evaluation, diagnostic, and due process procedures. • Placement of the LEP child will be based on the student’s functioning level and native language proficiency. G. BILINGUAL EDUCATION The district shall continue to meet the needs of all Limited English Proficient students under this Order and the FLAME and multilingual programs shall not be considered a substitute for bilingual education. English proficient Hispanic (monolingual or bilingual) students who are not eligible for the bilingual education program according to the State regulations will be assigned in accordance with the requirements of this order. Former LEP Students who have achieved English language proficiency and/or have been in a program of bilingual education of ESL for three years will be mainstreamed and provided the same opportunity to participate in all educational aspects of this Order. Bilingual education and ESL staff will be assigned according to need, i.e., the numbers of LEP students in a building, consistent with the reassignment of students throughout the district. By June 1, 1986, the Board shall designate where bilingual programs shall be offered at both the elementary and secondary level for the 1986-87 school year and outline how it shall provide language assistance for Hispanic students that wish to enroll in special magnet programs. H. TRANSPORTATION Under this Order, transportation will be provided: • to those students who elect to enroll in Magnet Schools • to those students who elect to participate in the voluntary student transfer program • to those students who are required to travel in excess of IV2 miles to their neighborhood school • to parochial students who live within the City of Yonkers and who travel more than IV2 miles to their school within the City of Yonkers. • to those adults currently enrolled in the Adult Programs located in the old Commerce building when it is relocated to School # 31. When student assignments are established, a consultant transportation firm shall be contracted by the district to develop a safe, reasonable, and manageable transportation program that will be equitable in terms of burden for both majority and minority students. I. HUMAN RELATIONS The district shall implement a human relations program specifically designed to achieve the following objectives: • To increase alternatives of administrators in analyzing potential inter and intra group problems and promoting group cooperation. • To improve communications among administrators, teachers, students and community. • To enhance the awareness of administrators, school personnel and students of diverse cultural backgrounds. • To increase the training of a cadre of administrators and teaching personnel to facilitate the use of Human Relations experiences with students. • To provide students with experiences which will assist them in developing and facilitating communication, decision making and problem solving skills. • To assist students in developing an understanding of their rights and responsibilities as members of the school community. • To provide an atmosphere in which the school community will be assured of the safe transport of its students to and from school. • The district shall implement the schedule of activities related to human relations, staff development and community education included in Appendix B of this Order. J. FUNDING It is anticipated that the necessary funding will be provided by the City of Yonkers, and the Board is to advise the Court forthwith if for any reason it is unable to implement the programs set forth herein because of a lack of adequate funding. K. ASSURANCES • The Board shall establish a comprehensive staff development program which will be a component of its ongoing inservice program for teachers and administrators and which will address areas such as racial attitudes, student discipline procedures, academic achievement and performance goals, teaching in a diverse racial/ethnic environment, and integration goals. • The Board shall provide students equal access to extra-curricular activities. To facilitate such participation, it shall provide appropriate after school transportation for students eligible for transportation. • In the implementation of this Order, the Board shall provide a comprehensive program of information to the community, including committees of parents and other members of the public who have a particular interest in the issues that may arise during implementation, and to staff in an effort to attain maximum participation in all aspects of the integrative component of this Order including but not limited to media, community meetings, brochures, leaflets, and other recruitment activities. Plaintiffs-Intervenors shall encourage members of the minority community to support the integrative components of this Order. • The Board shall ensure that with respect to the use of any desegregation techniques such as school closing or openings, site selections and new construction, and boundary adjustments, its policies and practices shall be consistent with the integrative purpose of this Order, as well as the principles of sound management and administration of the school district. • The Board shall ensure that this Order is afforded every opportunity for successful implementation through the provision of a comprehensive program of information to the community as well as appropriate human relations programs for staff and students. • The Board shall ensure that its Code of Disciplinary Standards is publicized and that clear and adequate notification is provided all students, parents, teachers and administrators of such standards and of the non-discriminatory application of these disciplinary procedures. • The Board shall ensure that the location of transfer of ESL/Bilingual programs in its elementary and secondary schools take place in a manner which will not detract from the objectives of this Order while ensuring that sufficient numbers of students requiring such services are enrolled at each location in order to justify the provision of bilingual or ESL programs. Ample provision shall be made to enable, to the maximum extent possible, students desiring bilingual programs to participate in the dedicated and area attendance magnet programs described elsewhere herein. • The Board shall ensure that it continue its obligation to fully implement the terms and conditions of its existing agreements with the U.S. Department of Education’s Office for Civil Rights and the New York State Education Department which have been designed to ensure compliance with Title VI of the Civil Rights Act of 1964, P.L. 94-142, Section 504 of the Rehabilitation Act of 1973, as amended and the New York Commissioner of Education’s ‘Regulations regarding the provision of special education. • The Board shall ensure, to the maximum extent possible, that racial isolation does not occur within any school building or program operated by the Board. • The Board shall ensure the provision of remediation to those students scoring below the State Reference Point in the State mandated Pupil Evaluation Program in the basic subject areas of reading and mathematics. In addition, the Board shall encourage the participation of those students in need of remediation in these magnet programs specifically designed to improve student achievement levels in the basic skills areas. L. MONITORING Each party, after consultation with the others, shall suggest to the Court one or more candidates for Monitor. The nominees must be both qualified and willing to serve, and his or her specified compensation shall be borne by the school district. A Monitor shall be empowered to request specific information from the school district relevant to implementation of this Order. She/he shall issue reports to the Court and the parties assessing different aspects of implementation of the remedy and shall be empowered to make recommendations to the Court with respect to changes she/he believes necessary to make the plan more effective. The Board and the other parties shall make their recommendations within five (5) days from the date of this Order. Once a Monitor is appointed, one of his/her preliminary tasks shall be assessment of the school district’s admissions criteria for the magnet schools and magnet programs. These criteria shall be submitted to the Monitor by June 1, 1986 for those programs that are continuing or will be beginning in September, 1986. Admissions criteria for programs slated to commence in September, 1987 will be submitted to the Monitor by January 15, 1987 and the same procedures will be followed. Any party may at each time offer comments on these admissions criteria. M. PARENT COORDINATOR The parent coordinator shall be responsible for working with parents in recruitment and information dissemination and for developing a working relationship with parent organizations in the community. The parent coordinator also shall foster communication with non-English speaking parents. The Superintendent shall notify the Court and all of the parties of the name, credentials and background of the prospective appointee for this position ten (10) days before any appointment is made final and no later than June 1, 1986. N. REPORTING By March 16, 1987, the Board of Education shall file with the Court and serve on Counsel for the United States, the NAACP and the Yonkers Federation of Teachers, a report setting forth the following information for the 1986-87 school year: 1. Total Student Enrollment, by race, of: a) the school district, not including Special Education, b) each organizational pattern in the district, not including Special Education, c) each school facility, not including Special Education students, d) each Special Education Program (or non-categorical/functional level) by race and by age level grouping, e) each Special Education class together with designation of each student’s home school attendance area. 2. The location of each special education class (by classification). 3. The race of each teacher for each special education class. 4. The number of students by race, participating in and/or requesting to participate in voluntary student transfers within the district. 5. The number of students by race, participating in and/or requesting to participate in each of the Magnet Programs and in each of the Magnet Schools. 6. The total faculty, by race and experience level, of the school district. 7. The total faculty, by race and experience level, of each organizational pattern and school facility, excluding Special Education teachers and bilingual teachers. 8. The total school administrative staff, by race, of each school facility. 9. A current and accurate description of all Magnet Programs in operation, and those to begin in September 1987. 10. A description of the district’s human relations program. 11. A description of the district’s staff development program. 12. The program capacity of each of the district’s schools. 0. MISCELLANEOUS PROVISIONS 1. City of Yonkers The City of Yonkers and the Yonkers Community Development Agency, their officers, directors, agents, employees and successors, shall not intentionally perpetuate or exacerbate racial segregation in the Yonkers public schools by engaging in conduct which blocks or otherwise refuses to permit because of race the development or construction of public or subsidized housing units in violation of Title VIII of the Civil Rights Act of 1968 or the Fourteenth Amendment to the Constitution. 2. Prohibition Against Discrimination The Board, its members, officers, agents, employees, successors, and all persons in active concert or participation with them shall not discriminate against any student on the basis of race, color, or national origin in the operation of the Yonkers City School District. P. MODIFICATIONS The Board shall notify the United States, Plaintiff-Intervenors and Defendant-Intervenors of any proposed modification in the plans, programs, or policies described in this Order. Unless the Board shows good cause why the time should be changed, the United States and Plaintiffs-Intervenors shall have sixty (60) days from the dates of such notice in which to object to the proposed modification. If the United States or Plaintiff-Intervenors or Defendant-Inter-, venors object, no such modification shall be put into effect by the Board without the approval of the Court. Nothing contained herein is intended or shall be construed to prohibit the Board upon due notice be heretofore provided from changing or altering any school boundaries or establishing any new attendance zone, so long as modification, alteration, or new zone neither impedes the integration envisioned under this Order nor violates any law relating to student assignment. Q. CONTINUING JURISDICTION During the Board’s implementation of the Plan, the Court shall retain jurisdiction of this action to enforce the terms of this Order and for all purposes consistent with attaining the objectives of this Order. Plaintiff or Plaintiff/Intervenors may file a motion with the Court at any time during the period of implementation requesting enforcement or modification of this Order if the Board has failed to make reasonable progress in achieving the integrative objectives of the Plan. In ruling on any such motion, the Court shall base its determination on the totality of the circumstances, and shall seek to tailor any modification to remedy the specific non-compliance found to exist. At any time, the Board may, if it deems it appropriate to do so, move for a declaration of unitary status. Elementary Schools SCHOOL 5 At the point where Allen Avenue and the New York State Thruway intersect, proceed northwest along the New York State Thruway, including the west side only, to the intersection of the New York State Thruway and Tuckahoe Road. Continue west along Tuckahoe Road, including both sides of Tuckahoe Road, across the Saw Mill River Parkway to the intersection of Nepperhan Avenue and Gabner Place. Proceed south along Nepperhan Avenue, not including either side, to the intersection with Myrtle Street. Then continue in a straight line, due east, to a point just northwest of Grace Avenue. Go North in a straight line to a point on Palmer Road opposite the Yonkers Board of Education Administration Building, proceed east in a straight line through the intersection of Dogwood Lane and Brynwood Road, across Elaine Terrace and the Aqueduct, to the point of departure. SCHOOL 8 At a point of the city line directly east of the intersection of Illinois and Florida Avenue proceed in a straight line west crossing Wildway, Boulder Trail, Glen Washington Road along Hampshire Road including both sides of Hampshire Road. Continue in a straight line to the point where Alan Avenue meets Central Park Avenue and the New York State Thruway. Continue in a northwest direction along the New York State Thruway to a point directly west of Toni Lane. Continue east in a straight line along Toni Lane (not including either side of Toni Lane) across Grassy Sprain Road and Gailmore Drive to a point where Coronet Road meets Newkirk Road. Continue easterly to the intersection of Mountaindale Road and Ivanhoe Place, including both sides of Ivanhoe Place. Continue to the intersection of Otsego Road and Sador Lane (not including either side of Sadore Lane). Continue east to a point where Central Park Avenue and Seneca Avenue intersect. Continue eastwardly along Seneca Avenue including all of Seneca Avenue across Chippewa, Winnebago Road to the city line. Go south along the city line to the point of departure. SCHOOL 9 Begin at the intersection of Nepperhan Avenue and Myrtle Street, go north along Nepperhan Avenue, west side only to a point just north, of North Street. Go west in a straight line along Shonnard Place, including both sides of Shonnard Place, to a point just east of North Broadway. Continue south along North Broadway, not including either side, to a point just south of Glenwood Avenue. Go west along Glen-wood Avenue, not including either side of Glenwood Avenue, to Warburton Avenue. Go south along Warburton Avenue, including both sides of Warburton Avenue to Union Street. Proceed east in a straight line, across North Broadway, Palisade Avenue, through Loehr Place, including the north side only, along Myrtle Street including both sides to the point of departure. SCHOOL 13 At a point on the east City line where it intersects with the Saw Mill River Parkway, proceed north along the Saw Mill River Parkway, including the west side only, to a point just north of Jervis Road. Proceed west in a straight line across Linn Avenue, Rumsey Road and McLean Avenue to a point on Van Cortlandt Park Avenue just north of Sutherland Park. Proceed south in a straight line to a point just north of Valentine Lane and Berkeley Avenue. Proceed east in a straight line to the intersection of Elinor Place and Saratoga Avenue. Go directly south to the City line. Proceed east along the City line to the point of departure. SCHOOL 14 At a point where Raybrook Road and Bronx River Road intersect, go west in a straight line across First Street, Kimball Avenue and Kimball Terrace to a point just west of Halstead Avenue, continue west across the Hillview Reservoir to Central Park Avenue. Proceed north along Central Park Avenue, including the east side only, to a point just south of Vredenburgh Avenue and Central Park Avenue. Continue east in a straight line across Trenchard Street, Byron Avenue, Kimball Avenue through the intersection of Brandon Road and Mile Square Road, across Halley Street, Crescent Place and Bronx River Road to the City line. Proceed south along the City line to the point of departure. Also to encompass the boundaries of former school which was closed: At the intersection of Harding Avenue and the New York City line, proceed east along the City line to the south east border of the City. Proceed north along the City line to the intersection of Raybrook Road and Bronx River Road. Continue west in a straight line, across First Street, Kimball Avenue, Kimball Terrace to a point just west of Halstead Avenue. Go south in a straight line across the Hillview Reservoir to Harding Avenue. Proceed south along Harding Avenue, not including either side, to the point of departure. SCHOOL 16 At a point just north of the intersection of North Street and Nepperhan Avenue, proceed north along Nepperhan Avenue, including both sides of Nepperhan Avenue to a point just north of the intersection of Gabner Place and Nepperhan Avenue. Go west in a straight line across Dickerson Avenue, along Upland Place, including both sides of Upland Place, along Floral Lane, including both sides of Floral Lane to Bellevue Avenue. Continue north along Bellevue Avenue, including the west side of Bellevue Avenue, across Bolmer Avenue to Valerie Drive. Continue north along Valerie Drive, including both sides of Valerie Drive to Odell Avenue. From the intersection of Valerie Drive and Odell Avenue, proceed west in a straight line across North Broadway, to a point just north of Untermeyer Park. Proceed south in a straight line across the intersection of Farrell Place and Roberts Lane, along Abbey Place, including both sides of Abbey Place, along Hudson View Drive, including both sides of Hudson View Drive, along Jody Lane, not including either side of Jody Lane, along Lincoln Terrace, including both sides of Lincoln Terrace to Glenwood Avenue. Go east along Glenwood Avenue, including both sides of Glenwood Avenue to North Broadway, continue north along North Broadway, including both sides of North Broadway to Shonnard Place. Proceed east along Shonnard Place, not including either side of Shonnard Place, across Frederic Street and Woodland Avenue to the point of departure. SCHOOL 17 At the intersection of Central Park Avenue and Mildred Street, proceed south in a straight line to a point in Tibbets Brook Park just south of Grace Avenue. Continue south to a point east of the intersection of Hillcrest Avenue and Edgecliff Terrace. Proceed west through the intersection of Hillcrest Avenue and Edgecliff Terrace to Alder Street. Proceed north along Alder Street including both sides of Alder Street to Elm Street. Continue west along Elm Street not including either side of Elm Street to a point just north of Victor Street. Proceed north in a straight line to the intersection of Ashburton Avenue and Nepperhan Avenue. Go directly east to a point at the north end of Grace Avenue. Continue north to a point just south of the Administration Building. Proceed east in a straight line through Redmond Park, the intersection of Grapanche and Elaine Terrace, across Fullerton Avenue to Central Park Avenue. Continue south along Central Park Avenue, including the west side only to the point of departure. SCHOOL 18 At a point just north of the end of Glen-brook Avenue, proceed west in a straight line, proceeding north of Public School 18, through Columbus Park to New Main Street. Continue south in a straight line through Highland Avenue along Morris Place, including both sides of Morris Place, to the intersection of Radford Street and Gray Place. Proceed east along Radford Street, not including either side of Radford Street, to South Broadway. Go directly north through Sutherland Park and Alta Avenue to the point of departure. SCHOOL 19 From a point on Riverdale Avenue where it intersects with Culver Street, go north along Riverdale Avenue (not including either side of Riverdale Avenue) to Morris Street. At Morris Street, cross Riverdale Avenue and continue north including both sides of Riverdale Avenue to Ludlow Street. At Ludlow Street go east along Ludlow Street including both sides to Stanley Avenue. At the intersection of Stanley Avenue and Stanley Place, in a straight line north, across the northern end of Tansey Park, across Highland Avenue, along side of Groshon Avenue, including both sides of Groshon Avenue. Cross Herriott Street to a point just west of the intersection of South Broadway and Park Hill Avenue in a straight line directly west along Saint Mary’s Street (not including either side of Saint Mary’s Street). Cross Hawthorne Avenue to the Hudson River. Go south along the Hudson River to a point opposite Sunnyside Drive and Beechwood Terrace. Then go directly east through the intersection of Sunnyside Drive and Beechwood Terrace along Colonel Oliver Troster Mall (not including either side of Colonel Oliver Troster Mall), along the southern boundary of Hawthorne School and Culver Street (not including either side of Culver Street) to Riverdale Avenue and the point of departure. SCHOOL 21 At a point on the southern boundary of the City and Harding Avenue, proceed north along Harding Avenue, including both sides of Harding Avenue, across the Hill-view Reservoir, to a point just west of Halstead Avenue. Go directly west to Central Park Avenue. Proceed north along Central Park Avenue, including the west side of Central Park Avenue, to the intersection with Mile Square Road. Continue west in a straight line through the intersection of Westerly Street and Gleeson Place, across Seminary Avenue and Yonkers Avenue to the intersection of the Cross County Parkway and the Saw Mill River Parkway. Go south along the Saw Mill River Parkway including the east side only, to the City line. Proceed east along the City line to the point of departure. SCHOOL 22 On a point on the New York State Thruway where it meets Tuckahoe Road proceed west along Tuckahoe Road (not including either side of Tuckahoe Road) to where it intersects the Saw Mill River Parkway. Proceed west from that point along Garner Place (not including either side of Garner Place) to Nepperhan Avenue. Continue across Nepperhan Avenue and Dickinson Avenue to Roberts Avenue. Continue west in a straight line along Roberts Avenue (not including either side of Roberts Avenue) to a point just south of Bellevue Avenue. Go directly north along Autumn Circle, including both sides of Autumn Circle. Proceed north past Gerri Lane across Bolmer Avenue along Valerie Drive, including both sides of Valeri Drive to Odell Avenue. Proceed west from that point to a point just west of North Broadway. Go north across Odell Avenue to the City line just west of Dudley Street. Then go along the City line in a northeasterly fashion to the New York State Thruway. Go south along the New York State Thruway to where it intersects with Tuckahoe Road and point of departure. SCHOOL 23 At a point on the Saw Mill River Parkway just east of the intersection of Hillcrest Avenue and Edgecliff Terrace, proceed west through the intersection of Hillcrest Avenue and Edgecliff Terrace to Alder Street. Proceed north along Alder Street, not including either side of Alder Street to Elm Street. Continue west along Elm Street, including both sides of Elm Street to a point just east of Victor Street. Proceed south in a straight line along the north end of Glenbrook Avenue to a point where Alta Avenue meets Sutherland Park. Go directly east in a straight line through Rumsey Road and Putnam Avenue to the Saw Mill River Parkway. Proceed north along the Saw Mill River Parkway to the point of departure. SCHOOL 25 From a point on Lamartine Avenue and Woodworth Avenue go directly north (not including either side of Woodworth Avenue) to Point Street. At Point Street continue north across Woodworth Avenue, including both sides of Woodworth Avenue to Glenwood Avenue. Continue directly north across Warburton Avenue and Shonnard Terrace. Proceed along Greystone Terrace, including both sides of Greystone Terrace, along Windsor Terrace (not including either side of Windsor Terrace). Go across the intersection of Aqueduct Place and Arthur Place, across Roberts Lane (not including any part of Roberts Lane). Continue north in a straight line through Untermeyer Park and Odell Avenue to a point just west of Dudley Street, and the City line. Proceed west along the City line to the Hudson River. Go south along the Hudson River to a point just west of Lamartine Avenue and Woodworth Avenue. Go east in a straight line to the point of departure. SCHOOL 26 Along the eastern city line at a point just south of Margaret Avenue proceed west along Margaret Avenue, including both sides to the intersection where it meets Pennsylvania Avenue. Continue along Pennsylvania Avenue (not including either side of Pennsylvania Avenue) to the intersection of Scarsdale Road. Continue westerly along the end of Alta Place and Ridge-land Road to a point where Verona Avenue meets Grandview Avenue. Continue west along Verona Avenue (not including either side) to Central Park Avenue. Go north on Central Park Avenue to the City line. Proceed in a northeasterly fashion along the City line to where it meets the Bronx River Parkway. From that point proceed south along the City line to the point of departure. SCHOOL 27 At a point where the Hudson River and the southwest border of the City intersects proceed due east along the Yonkers, New York City line to the intersection of Caryl Avenue and Elinor Place. Proceed north in a straight line to the intersection of Elinor Place and Saratoga Avenue. Go west in a direct line to a point on Valentine Lane just north of Berkley Avenue. Continue north to Radford Street. Proceed west along Radford Street including both sides of Rad-ford Street. Proceed west in a straight line across Riverdale Avenue, Hawthorne Avenue, and along Franklin Avenue, including both sides of Franklin Avenue, to the Hudson River, continue south along the City line to the point of departure. SCHOOL 28 At a point on the New York State Thruway directly west of Toni Lane in a straight line proceed east alongside Toni Lane including both sides of Toni Lane, across Grassy Sprain Road to a point where Coronet Road intersects Newkirk Road. Proceed to the intersection of Mountaindale Road and Ivanhoe Place (not including the southern portion of Mountaindale Road or Ivanhoe Place) in a straight line east to the intersection of Otsego Road and Sadore Lane, including all of Sadore Lane to Central Park Avenue. Go south on Central Park Avenue to Seneca Avenue then proceed east (not including either side of Seneca Avenue), across Winnebago Road and Cherokee Road in a direct line to the City Line. Proceed north along the City line to a point just south of Margaret Avenue. Proceed westerly along Margaret Avenue (not including either side of Margaret Avenue) to a point where it intersects with Pennsylvania Avenue. Proceed west across Scars-dale Road, west along Alta Place, including both sides of Alta Place. Proceed west following the end of Cresthill Road and Ridgeland Road along Alta Vista Drive (not including either side of Alta Vista Drive). Proceed west to a point where Verona Avenue meets Grandview Avenue. Proceed along Verona Avenue, including both sides of Verona Avenue, across Central Park Avenue. Proceed in a straight line west along Esplanade (not including either part of Esplanade) to the New York State Thruway. Proceed south along the New York State Thruway to the point of departure. SCHOOL 29 From a point where Verona Avenue meets Central Park Avenue in a straight line proceed west along Esplanade including both sides of Esplanade. Cross Windermere Drive and the Grassy Sprain Parkway to a point on the New York State Thruway. Continue north on the New York State Thruway to the City line. In a northeasterly direction continue along the City line to Central Park Avenue. On Central Park Avenue continue south including the west side only, to the point of departure. SCHOOL 30 From a point on the eastern part of the City line opposite Mile Square Road where it meets Bronx River Parkway; proceed westerly on Mile Square Road (not including either side of Mile Square Road) until it meets Vredenburgh Avenue continue along in a westerly fashion on Vredenburgh Avenue, including both sides of Vredenburgh Avenue to Central Park Avenue. Continue north along Central Park Avenue to a point where Alan Avenue meets Central Park Avenue. Continue in a straight line east across Rutland Road, and Rockledge Road to a point just south of where Hampshire