ORLEANS PARISH CIVIL DISTRICT COURT STATE OF LOUISIANA DOCKET NO.: 2017-11398 SECTION NO.: ORLEANS PARISH SCHOOL BOARD AND DR. HENDERSON LEWIS, JR., IN HIS OFFICIAL CAPACITY AS ORLEANS PARISH SUPERINTENDANT OF SCHOOLS VS. THE EINSTEIN GROUP, INC. FILED: DEPUTY CLERK: MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF PETITIONER ORLEANS PARISH SCHOOL BOARD AND DR. HENDERSON LEWIS, JR., IN HIS OFFICIAL CAPACITY AS ORLEANS PARISH SUPERINTENDAN OF SCHOOLS Families and Friends of Louisiana?s Incarcerated Children, Louisiana Center for Children?s Rights, Our Voice Nuestra Voz, Stand for Children Louisiana, Step Up Louisiana, and Urban League of Louisiana respectfully move this Court for leave to file an Amicus Curiae brief in support of Petitioner. The proposed amicus brief accompanies this Motion as Exhibit A. Given Amici?s extensive interest in advocating for fair and equal education opportunities and on behalf of youth, the above-listed organizations submit this brief to: (I) offer a unique perspective on the impact of Einstein?s transportation failure on students especially for low? income and vulnerable families; and (2) provide additional context on the equity issues raised by Einstein?s transportation failures. These matters of fact or law might ?otherwise escape the court?s attention.? La. S. Ct. Rule VII, 12(2). Amici are education and youth advocacy organizations that regularly advocate on behalf of students and their families on education matters and are uniquely situated to explain to this Court why free school busing, provided by public schools, is an imperative issue of equity that should not be negotiable. Amici seek to protect the interests of their members through this amicus brief. Amici also have ?substantial, legitimate interests that will likely be affected by the outcome of the case and which interests will not be adequately protected by those already party to the case.? La. S. Ct. R. VII, 12(3). These organizations work directly with youth and their families who are detrimentally impacted by Einstein?s transportation failures that are the subject of this lawsuit. WHEREFORE, for the foregoing reasons and any others that may appear to this Honorable Court, amici respect?illy request that their Motion for Leave to File be GRANTED. December 18, 2017 Respectfully Submitted, (Q/am MW Davida Finger (#30889) William P. Quigley (#7769) Loyola University New Orleans College of Law, Law Clinic 7214 St. Charles Ave. Box 902 New Orleans, LA 70118 504?861?5596 (direct) 504-861?5440 (fax) davida.?nger@ gmail .com quigley77@ gmai1.com CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been served upon all counsel of record, indicated below, via electronic mail this J3 day of December, 2017. DATED: December 18, 2017 Sharonda Williams Fishman Haygood, LLP 201 St. Charles Ave, 46th ?oor New Orleans, La. 70170 Counsel for Petitioner Lee C. Reid Adams Reese, L.L.P. 701 Poydras St, Ste. 4500 New Orleans, La. 70139 Lee.Reid@ar1aw.corn Counsel for Defendant Wmdaw FINGER (#3d889) ORLEANS PARISH CIVIL DISTRICT COURT STATE OF LOUISIANA DOCKET NO: 2017?11398 SECTION NO.: ORLEANS PARISH SCHOOL BOARD AND DR. HENDERSON LEWIS, JR, IN HIS OFFICIAL CAPACITY AS ORLEANS PARISH SUPERINTENDAN OF SCHOOLS VS. THE EINSTEIN GROUP, INC. FILED: DEPUTY CLERK: PROPOSED ORDER Considering the Motion for Leave to File an Amici Curiae Brief in Support of Petitioner in the above-captioned matter, IT IS ORDERED that the Motion for Leave to File an Amici Curiae Brief is hereby GRANTED. New Orleans, Louisiana, signed this day of 2017. JUDGE ORLEANS PARISH CIVIL DISTRICT COURT Exhibit A ORLEANS PARISH CIVIL DISTRICT COURT STATE OF LOUISIANA DOCKET SECTION NO.: ORLEANS PARISH SCHOOL BOARD AND DR. HENDERSON LEWIS, IR, IN HIS OFFICIAL CAPACITY AS ORLEANS PARISH SUPERINTENDANT OF SCHOOLS VS. THE EINSTEIN GROUP, INC. FILED: DEPUTY CLERK: AMICI CURIAE BRIEF BY FAMILIES AND FRIENDS OF INCARCERATED CHILDREN LOUISIANA CENTER FOR RIGHTS OUR VOICE NUESTRA VOZ STAND FOR CHILDREN LOUISIANA STEP UP LOUISIANA URBAN LEAGUE OF LOUISIANA IN SUPPORT OF PETITIONER TABLE OF CONTENTS INTEREST OF AMICI CURIAE 3 SUMMARY OF ARGUMENT 5 ARGUMENT 6 CONCLUSION 1 1 INTEREST OF AMICI CURIAE Families and Friends of Louisiana's Incarcerated Children is a statewide, membership-based, intergenerational organization committed to abolishing the school-to-prison pipeline and reforming the juvenile justice system. FFLIC aims to ensure equitable life opportunities for all children, particularly those most at risk of being criminalized and tracked into the criminal justice system from schools that fail them. The mission, as established by the families of such children who continue to lead FFLIC, is to end mass incarceration and pursue the reinvestment of society?s resources from punishment to alternatives that promote wellbeing. FFLIC has a sixteen-year history of mobilizing impacted populations to address pillars of power and raise awareness of the endured abuse. Through movement building, policy advocacy and grassroots organizing, FFLIC prepares parent and youth leaders to serve as change agents in their communities. I Louisiana Center for Children?s Rights is a nonpro?t layv~ of?ce that defends young people in Louisiana?s juvenile justice system through both direct representation and policy advocacy. LCCR fights for children in the courtroom, at City Hall, and in the state legislature. As the juvenile public defender in New Orleans, LCCR represents the majority of children in the city who come into contact with the justice system. LCCR provides each child with a holistic team a lawyer, social worker, investigator, and advocate to address both the causes and consequences of an arrest. LCCR makes sure that children have the supports they need to access education, mental health care, and job opportunities so they can put the system behind them for good. Our Voice Nuestra Voz is a grassroots organization that organizes parents to build their capacity to advocate for their children?s education. OVNV was initially formed as a re3ponse to the large growth in Latino and English Language Learner students, and the decentralized school system?s failure to accommodate them. As the organization grew, OVNV began organizing all parents in order to create the best educational outcomes for all children in the city. OVNV operate through a direct action organizing approach which ensures that our parents are informed, trained, and take action in order to ensure equitable and high quality educational options for families. Stand for Children Louisiana is a nonpro?t organization focused on ensuring that all students graduate from high school prepared for and with access to a college eduCation. A key component of the organization's mission is equal access to quality schools, and transportation is clearly a foundational strategy to ensure equitable access. As an organization with a large membership in New Orleans, transportation for students is an issue that consistently comes up amongst Stands? parents. Parents care about transportation methods, safety, and schedules. Step Up Louisiana is a group that is committed to building political power to win education and economic justice for all. Members will step up and go beyond voting to campaign, to organize from a racial justice perspective and to hold political and community leaders accountable. Members work in their own neighborhoods, schools, and workplaces to disrupt systemic oppression. Step up Louisiana builds the people-power needed to win in our city and state. The Urban League of Louisiana (ULLA), formerly the Urban League of Greater New Orleans, was founded in 1938 and has advocated for the economic and social betterment of Andean-Americans and others seeking equity since its inception. The Urban League is one of 88 af?liates of the National Urban League, an organization with an. illustrious history that is proud to have served millions of individuals and families since it was founded in 1910. Both the Urban League of Louisiana and the National Urban League work to assist the communities in which we serve in their pursuit of self~reliance, parity, and civil rights in society. The Urban League continues to be a powerful voice for educational equity in New Orleans and across the state of Louisiana. ULLA actively advocates for policies and practices that eXpand access for children and youth to high quality, public schools. ULLA is also particularly interested in how children of color, students who are economically disadvantaged, students with disabilities, and English language learners are faring in schools. Given Arnici?s extensive interest in advocating for fair and equal education Opportunities and on behalf of vulnerable youth, Amici submit this brief to: (1) offer a unique perspective on the impact of Einstein?s transportation failure on students especially for low?income and vulnerable families; and provide additional context on the equity issues raised by Einstein?s transportation failures. SUMMARY OF ARGUMENT The organizations filing this brief advocate for educational equity and the best interests of students including all students enrolled in charter schools. They stand with the students and against the decision of Einstein Group, LLP (?Einstein?) not to offer free, yellow?school?bus service or an equivalent, free and appropriate service. Of all the Orleans Parish School Board charter schools with a mandate to provide free and appropriate transportation to its students, Einstein appears to be the only one failing to do so. Einstein denies they have a contractual obligation to provide free and appropriate transportation to their students. They shift the burden of transportation and associated costs solely onto the students and their parents. instead of providing transportation they suggest students and parents use some combination of RTA passes, voluntary carpools, and private for? pro?t transportation services paid for by parents. The organizations filing this brief reject Einstein?s position. Based on their work for access to quality schools and for equitable services for all students in New Orleans, these organizations advocate for improved, free transportation services for Einstein?s students. Einstein?s alternative transportation plan amounts to a systemic transportation failure for Einstein?s student body. Einstein?s obligation to provide appropriate, free bus service for its students is neither discretionary nor negotiable. As the United States Suprerne Court has long held: ?Bus transportation has been an integral part of the public education system for years, and was perhaps the single most important factor in the transition from the one?room schoolhouse to the consolidated school.? Swarm v. Charlotte?Mecklenburg 8d. ofEd., 402 us. i, 29 (197i The bus service at Einstein?s schools should be an integral part of the school culture. Free and appropriate tranSportation services provide arrival and departure transitions. Those school transitions should be as smooth and reliable as possible for students, their families, and school staff in order tornaxirnize success for all. This kind of consistency at school is critical as a matter of equity. Einstein should not be given any exception to what it has already agreed to do by way of transportation services. In addition, Einstein?s position compromises centralized application process by creating disincentives for students to apply and enroll. it also highlights potential failures for special needs students who require ?transportation services? as part of individualized educational programs (lEPs). ARGUMENT A. Real Life Examples of the Problems Caused by Lack of Transportation A single working mother, with children aged 3, 5 and 10, is struggling to transport her children to and from Einstein schools. The school offered to provide RTA tokens for the 5?year?old and 10?year?old to ride a public bus to school. The mother informed Einstein that this is unacceptable. Her young children cannot ride the public bus alone. Her work hours and her job have been compromised because she has been forced to personally bring her two older children to school. Einstein provides no other options. One 10?year?old Einstein student walks to and from school every day, approximately 3 miles total. The school offered to provide RTA tokens, however, the RTA lines are not convenient or timely especially in the morning when she must arrive at school on time. In order to ride RTA, she would need to change buses alone or walk along a stretch of a busy roadway, neither of which seem safe. Einstein provides no other options. Another Einstein family pays $95.00 weekly for two children under age 10 to be transported to and from school. Their third child will be starting school next year and the family, already severely burdened by the current cost, cannot afford additional transportation fees. Einstein provides no other options. These families and others have been irreparabiy harmed and will continue to be so harmed unless this Court orders that the transportation status quo be changed and improved. B. Meaningful Transportation Services Must be Provided as a Matter of Equity Einstein?s transportation failures increase the burden on families who can least afford it thereby causing irreparable harm to students who are most in need of free and appropriate transportation services. Einstein should provide the required transportation as a matter of equity. The data demonstrates that Einstein?s schools enroll vulnerable students from economically fragile households who can ill?afford to compensate for the schools? failures to meet minimtun transportation standards. Einstein?s schools enroll minority students; 97%-99% of the students at all Einstein schools identify as minority students.I The vast majority of students enrolled at Einstein?s schools, 91%, are economically disadvantaged. Id. A significant number of Einstein?s students. 1/3 of its student body. are English language learners. 1d. Einstein?s diminished services to this school student population is particularly egregious because minority, economically?fragile, and English language learner students deserve more opportunities and something greater than minimum services to maximize success, not less. Einstein Schools Demographics, October 2016 Count, Exhibit A?l. Einstein?s refusal to provide transportation presents obstacles for on-tirne and consistent student school attendance for students. That clearly harms educational outcomes for the Students. Free access to RTA buses is not an acceptable transportation alternative. Ten years after Katrina, RTA bus routes were documented as down 65 percent.2 Village d?lest, where Einstein schools are located, is one of the hardest hit areas in terms of pubiic transit with only 20-40% of its transit service recovered since Katrina.3 The Greater New Orleans area has more streetcars for tourists but bus riders have many fewer routes.4 RTA bus routes are not as comprehensive as they were before and. are not as convenient or accessible to many families.5 The timing of RTA vehicles is not always consistent and reliable? Likewise, carpooling is not an option if one does not have a car. Twenty percent of New Orleans households do not have a vehicle.7 For these families, Einstein?s suggestion that students carpool to school is not even an option grounded in reality. The reality is that students are walking long distances to and from schools. Families Without other options are torced to pay tor private transportation. Families are being asked to pay $65.00 and upwards per week per child for private transportation to and from school. The transportation failure also harms students because their families are detrimentaiiy impacted. Einstein?s transportation status quo presents signi?cant challenges for on-tiine and consistent work attendance for parents/guardians who are required to truncate work hours in order to ride RTA buses to and from school. Parents/guardians must accompany their young children on RTA bases because young students cannot safely ride public buses alone. A. No Exceptions Shouid be Granted to Einstein Arnici curiae?s position is that Einstein should not be granted any exceptions from its contractual obligations to provide appropriate transportation service. By granting an exception to Einstein on this issue, the ?oodgates will be open to charter schools that seek to avoid OPSB oversight policies. The organizations represented here have advocated for increased 2 Ride New Orleans, State of Transit 2015 report, available at, littp:llrideneworleansorapr- con tend uploadsr?zii 5108/ sots20 1 Snow .pdf See GOVERNING: The States and Localities, which reports that in 2016, 20.2 percent of households in New Orleans were without vehicles, available at, coordination, oversight, and sneainlined and meaningful accountability measures and policies that bene?t all students. The facts show that the Einstein is contractuall}r obligated to provide free yellow-school- hus service or transportation services that are meaningfully equivalent. Einstein is bound to do so as detailed in the OPSB Petition and associated exhibits: A. Compliance with Orleans Parish School Board Policy HA including, at a minimum: 1. Provide whatever transportation is necessary to implement an individualized education program for a child with. an identified exceptionality; 2. Provide free transportation in a vehicle approved for student. transportation in accordance with BESE Bulletin l19, Louisiana School Transportation Speci?cations and Procedures, for students who are enrolled in grades 6 or below who reside more than one mile from the charter school. BESE Bulletin l. 19 obligates Einstein to adhere to extensive, detailed vehicle safety standards for the transport of students to and from. school. B. Einstein Charter Operating Agreement, which requires compliance with all federal and state laws and regulations and all OPSB policies applicable to charter schools. Einstein has misinformed its own school families by notifying them that interest in requiring free and appropriate school transportation, as Einstein is obligated to do, will deplete funding for other necessary school programs including ?our ELL teachers? and ?after school activities.? See Petition, Exhibit E. That kind of bold distribution of inaccurate information from school leaders to school families is unacceptable. Families are not in a position to decipher fact from ?ction in Einstein?s written materials. Families and students are increasingly vulnerable when the school pushes for signature on this kind of document. Because Einstein is already contractually obligated to provide free, appropriate transportation services, it cannot now sidestep those requirements to implement an inferior transportation system of its choice even if it means that the school must Spend additional funds on transportation. B. Einstein?s Transportation Failure Compromises the Entire Enrollment System Students required to attend Einstein do not have access to the kind of bus service that similarly situated students enrolled at other schools, under oversight of OPSB, cal 03* through the rest ofthe Greater New Orleans area. This compromises OB centralized enrollment system. Einstein school enrollment is coordinated through OPSB and. the centralized Enrollnola and Oneapp programs.7 Enrollment includes a geographic priority allocating 50% of available seats to the schools? ?geographic catchment zones" meaning that applicants who reside in the zip codes immediately adjacent to and surrounding the school are supposed to receive priority for up to 50% of the available seats. In relevant portion, the policy is as follows: Geographic priority for most schools is determined by ?geographic catchment zones,? a way of splitting up the city by zip code. The zones we use to determine placements can be seen in the map beiow. Applicants who reside in a school?s geographic catchment zone receive priority to 59% of the available seats at that school, unless stated otherwise. The reason that geographic priority only applies to 56% of available seats is to make sure that families who live further away can also have an opportunity to attend.8 By failing to provide appropriate transportation to families, Einstein compromises functionality of OPSB centralized enrollment system. Families who do not reside in the ?geographic catchment zone? are less likely to select Einsteinis schools. And families from both within and without the ?geographic zone? who do not have their own access to transportation are set up for hardship. C. Einstein?s Transportation Failure Excludes Special Needs Students Who Require ?Transportation Services? and Fails to Serve those Special Needs Students. The transportation failure is also a significant violation for special needs students with iEPs that require ?transportation services.? If transportation is included in the student?s IEP as a related service, a school district, like Einsteing, must ensure that the transportation is provided at public expense and at no cost to the parents, and that the student?s IEP describes the tranSportation arrangement. 64 Fed. Reg. 48, at 1247 8-9 (March 12, 1999). This requirement to meet the best interests of qualified special needs students must not be ignored. Einstein?s failure to provide free, yellow-school-bus service or a meaningfully equivalent service calls into question whether Einstein is admitting students with needs for ?transportation services.? Einstein?s failure to provide free, yellow-school-bus service or a meaningfully equivalent service calls into question Amici curiae ask whether the lack of transportation has a chilling effect on applications from and enrollment of special needs students whose disability might include ?transportation services.? Arnici curiae also ask whether lEPs are avoiding inclusion of ?tranSportation services? because none can be provided. Students who have lEPs that include ?hransportation services" are less likely to select Einstein schools when Einstein has :See Orleans Parish School Board, at Id. 9 Einstein acts as its own Local Education Association (LEA). See Petition, Exhibit C. made it clear that the status quo regarding transportation must be accepted in order to enroll and remain enrolled. D. Conclusion Einstein students will continue to be irreparably harmed without improved transportation services that include a free, safe, and appropriate transportation option. As a matter of equity and to comply with the law, Einstein should 1no required to provide improved the kind of improved transportation services that OPSB has requested. WHEREFORE, for the foregoing reasons, amici urge this court to protect the educational rights of students, order free and appropriate transportation for students Such. as yellow school bus service, and grant the relief requested by OPSB. DATED: December 18, 2617 Respectfully Submitted, are (low Davida Finger (#30889) William P. Quigley (#7769) Loyola University New Orleans College of Law Law Clinic 7214 St. Charles Ave. Box 902 New Orleans, LA 70118 504-861-5596 (direct); 504?861?5440 (fax) davida.?nger@ gmail .com quigley7?7 gmail .eom Counsel for Proposed Amici Curiae CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing has been served upon all counsel of record, indicated below, via electronic mail this day of December, 2017. DATED: December 18, 2017 DAVIDA FINGER (#?ossg) Sharonda Williams Fishman Haygood, LLP 201 St. Charles Ave, 46th ?oor New Orleans, La. 70170 swilliamsdb?shmanhavgoodcom Counsel for Petitioner Lee C. Reid Adams Reese, L.L.P. 701 Poydras St, Ste. 4500 New Orleans, La. 70139 Lee.Reid@ar1aw.com Counsel for Defendant 10 Exhibit A- 1 Einstein Schools Demographics, October 2016 Count Data Pulled on December 7, 2017 Source: louisianahelieves.com data library Enrollment by Sex Enrollment by Race/Ethnicity Enrollment by Other Populations Site Code Site Name Enrollment Count Female Male American Indian %Aslan Black Hispanic Hawaiian] Paci?c Islander White Multiple Races Minority '36 Limited Eng Prof Econ. Disadv. 036013 036194 036195 036195 Einstein Charter School Einstein Charter High School at Sarah Towles Reed Einstein Charter Middle at Sarah Towles Reed Einstein CharterSchool at Sherwood Forest Total 521 78 335 479 1,413 4953% 70% 60% 25% 24% 21% 13% 22% 99% 97% 99% 99% 99% 40% 29% 29% 27% 33% 92% 87% 92%