IN THE CHANCERY COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

JACKSON PUBLIC SCHOOL DISTRICT

VS. CIVIL ACTION NO. _______________

MISSISSIPPI STATE BOARD OF EDUCATION

MOTION FOR TEMPORARY RESTRAINING ORDER

Jackson Public School District (the District) files this Motion for Temporary

Restraining Order against the Mississippi State Board of Education (the State Board) and in

support thereof, would show the Court the following:

1. In April of 2016, the Mississippi Department of Education (MDE) conducted a

limited on-site audit of the District. Thereafter, in August of that year, MDE issued a report

identifying a number of issues related to student safety, among others. In response to the audit,

JPS created a detailed Corrective Action Plan (the Plan), which is attached to this Motion as

Exhibit A. The Plan was implemented on December 15, 2016, after being approved by MDE.

The District aggressively addressed the issues identified by MDE and set a timeline for

completion of its stated goals. Most of those timelines required completion of each corrective

action within one calendar year, or less.

2. However, while JPS was working to take the actions described in the Corrective

Action Plan, MDE conducted a second audit which began in September of 2016 and was

completed on July 31, 2017. The audit report was provided to the District on August 31, 2017

and is attached as Exhibit B. It is more than 600 pages long.

3. According to Accreditation Audit Procedures approved by the Commission on

School Accreditation and the State Board of Education, the District Superintendent was to be

given 30 school days from receipt of the report to respond to any deficiency cited. Those
Accreditation Audit Procedures are attached as Exhibit C. The District was given only 8

school days, despite its request for additional time to respond. Likewise, the same procedures

require that an exit conference be scheduled between the auditor and the District to explain the

auditors basis for finding non-compliance. Id. This conference also was not provided.

4. Instead, in its haste to institute state conservatorship proceedings against the

District, the Commission on School Accreditation went forward with a hearing on September 13,

2017 to address the deficiencies purportedly revealed by the 2017 audit report. At the conclusion

of the September 13, 2017, hearing, the Commission on School Accreditation voted to declare an

extreme emergency situation in the District and recommend state takeover to the Board of

Education. The Board of Education meets on September 14, 2017, to consider and vote on the

Commissions recommendation.

5. In the 8 school days it was provided, the District respondedto the best of its

abilityto the 600+ page report. Among the Districts primary arguments is that the audit does

not accurately reflect the condition of the District today. Because the audit was

contemporaneous with the Corrective Action Plan already prepared and executed by the District,

a number of the audits findings describe conditions existing before corrective action was

undertaken. The District has made exceptional strides in the areas of safety, security,

transportation, instruction, recordkeeping, facilities, and teacher recruitment since the Corrective

Action Plan was implemented.

The District was reorganized into four Pre-K-12 district areas and hired 14 new principals
for the 2017-18 school year. The District also consolidated Poindexter Elementary with
Barr Elementary, repurposed Rowan Middle School into a full-time location for Re-
engaging in Education for All to Progress (R.E.A.P.), and created a compliance
department to monitor the execution of corrective actions.

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 The District made significant progress correcting the citations that were cited by the
limited audit from April 2016. The District received 1,541 citations and to date 1,487
have been corrected, and 1,402 have been certified by MDE as late of June 26, 2017.
Corrective Action installations and replacements include: 833 Fire Extinguishers, 28
Water Coolers, 6 Lavatories, 5 Water Closets, 7 Urinals, 250 Ground Fault Circuit
Interrupters, 400 Exit Lights, and 400 Battery Operated Emergency Light Fixtures.

The District reviewed 100% of its school board policies.

The District reviewed and verified all 2015-2017 graduate records and is presently
following the instructions and procedures for record maintenance as prescribed by
MDEs Manual of Directions for records.
From the 2016 audit, the District has completed 1,402 MDE-certified corrections to the
1,541 citations in the report.

From the 2017 audit, the District has already completed 412 corrections to the 706
citations in the report.

The District purchased 44 new buses with GPS to monitor on-time arrival for the 2017-18
school year. Bus arrival time is over 95 percent, according to data collected from GPS
technology.

The District completed its quarterly inspection in July 2017 and all noted vehicles are
ready for inspection from MDE.

The District has secured 12 schools boiler and pressure vessel certifications and now
awaiting MDEs approval and verifications.

The District has secured a professional architectural firm to assess 22 school facilities in
addition to MDEs findings. The District is also proceeding with assessments of an
additional 15 school facilities.

The District has a Board approved Instructional Management System.

Teacher mentors have been hired to support new teachers.

The District has repaired all metal detectors and placed metal detectors in all middle and
high schools in the District.

Examples of the inaccurate information upon which the MDE based its 2017 audit report are:

Students identified in the report as failing to meet graduation requirements did not
participate in graduation exercises as reported by MDE.

Callaway High School graduated 200 eligible students instead of the 224 that was
reported by MDE in the school year 2016-17.
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 MDE incorrectly reported the graduation of ineligible students at all seven (7) high
schools.

6. The fact that the audit does not accurately reflect the current state of the District is

pivotal. The State Board is permitted to seek a state of emergency in a local school district only

under limited circumstances. Among them, an extreme emergency situationthat jeopardizes

the safety, security or educational interests of the children enrolled in the schools in that district

and that emergency situation is believed to be related to a serious violation or violations of

accreditation standards or state or federal law. Miss. Code. Ann. 37-17-6(12)(b). The

existence of an extreme emergency suggests that conditions at this moment are so dire that the

state must intervene. But many of the conditions on which the MDE based its conclusions do not

exist today. Under Mississippi law, it would be arbitrary and capricious for the Board of

Education to accept the recommendation of the Commission on School Accreditation when that

recommendation is based on outdated data and an incomplete response to the 2017 audit report.

Mississippi State Dep't of Health v. Natchez Community Hosp., 743 So. 2d 973, 977 (Miss. 1999)

(An administrative agencys decision is arbitrary when it is not done according to reason and

judgment, but depending on the will alone. An action is capricious if done without reason, in a

whimsical manner, implying either a lack of understanding of or disregard for the surrounding

facts and settled controlling principles.)

7. Nor do MDEs own actions support its contention that an extreme emergency

exists. More than 17 months have elapsed since MDE issued its first audit report on student

safety issues. MDE then took nearly a year to complete its on-site audit, and required an

additional thirty days to complete its report. Never during that period has MDE suggested that

students in the District were in such grave danger that emergency action was required.

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 8. Mississippi Rule of Civil Procedure 65(b) governs Temporary Restraining Orders.

Such orders may issue without notice to the adverse party if:

(1) it clearly appears from specific facts shown by affidavit or by the verified
complaint that immediate and irreparable injury, loss, or damage will result to the
applicant before the adverse party or his attorney can be heard in opposition, and

(2) the applicants attorney certifies to the court in writing the efforts, if any,
which have been made to give the notice and reasons supporting his claim that
notice should not be required.1

Miss. R. Civ. P. 65(b). This Court has substantial discretion to grant or deny a motion for

TRO. C.M. v. R.D.H., 947 So.2d 1023 (Miss. Ct. App. 2007).

9. As demonstrated by the Verified Complaint, immediate and irreparable injury,

loss, or damage to the District will occur if this Court does not act to prevent the State Boards

proposed takeover prior to a hearing on the merits of the Districts application for preliminary

injunction. If a state of emergency is declared and the State Board asserts a conservatorship over

the District, the following will occur:

Some or all state funds may be escrowed until the State Board determines corrective
actions are taken or that the needs of students warrant release of funds. Miss. Code. Ann.
37-17-6(12)(b)(i).

The State Board may override any decision of the local school board or superintendent of
education, or both, concerning the management and operation of the school district, or
initiate and make decisions concerning the management and operation of the school
district. Miss. Code. Ann. 37-17-6(12)(b)(ii).

The State Board may assign an interim superintendent, or in its discretion, contract with a
private entity with experience in the academic, finance and other operational functions of
schools. Miss. Code. Ann. 37-17-6(12)(b)(iii).

The State Board may grant transfers to students who attend this school district so that
they may attend other accredited schools or districts in a manner that is not in violation of
state or federal law. Miss. Code. Ann. 37-17-6(12)(b)(iv).

1
The Affidavit of John S. Hooks is attached as Exhibit D. It describes the notice of this Motion
and the Verified Complaint given to the Office of the Attorney General.

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 The State Board may reduce local supplements paid to school district employees,
including, but not limited to, instructional personnel, assistant teachers and
extracurricular activities personnel, if the district's impairment is related to a lack of
financial resources, but only to an extent that will result in the salaries being comparable
to districts similarly situated, as determined by the State Board of Education. Miss.
Code. Ann. 37-17-6(12)(b)(vi).

Although these statutory provisions are written in permissive terms, it is plain that after the State

Board is allowed to takeover, the District has no recourse to prevent it from implementing any or

all of the procedures listed above. In particular, the potential transfer of students out of the

District, termination of the Superintendent and Board of Education, reduction in pay for faculty

and staff, and the loss of local control over the District constitute harm which is both immediate

and which cannot be remedied by any subsequent action of the Court. Further, the District will

not be able to recruit qualified teachers and administrators because the states Educational

Employment Procedures Law will be suspended during the conservatorship. Finally, as the State

is not susceptible to suits for damages, the District will have no remedy for any monetary losses

resulting from the actions of the State Board. All of these constitute irreparable harm and justify

the imposition of a TRO.

10. The Supreme Court has made clear that [i]nadequacy of the remedy at law is the

basis upon which the power of injunction is exercised. Moore v. Sanders, 558 So.2d 1383,

1385 (Miss. 1990) (citation omitted). In other words, an injunction will not issue when the party

seeking it has a complete and adequate remedy by appeal. Id. Here, after a state of emergency

has been declared, there is no procedural vehicle by which the District can take any appeal.

Accordingly, it is not merely that an appeal is inadequate, it is that no appeal right exists. This

too constitutes irreparable harm.

11. On the bases identified herein, and in the Verified Complaint, this Court should

issue a Temporary Restraining Order prohibiting the Commission on School Accreditation and

47956555_1 6
the State Board of Education from any further proceedings concerning the Jackson Public School

District based in whole or in part on the 2017 audit report until such time as the District has been

given all due process to which it is entitled under the Accreditation Audit Procedures. The

District is confident that if it is allowed to fully state its case and refute the erroneous and

misleading information contained in the 2017 audit report, the Commission will find that an

extreme emergency necessitating state takeover does not exist.

Respectfully Submitted, this the 14th day of September, 2017.

JACKSON PUBLIC SCHOOL DISTRICT

/s/ John S. Hooks

James A. Keith (MSB No. 3546)
John S. Hooks (MSB No. 99175)
KaShonda Day (MSB No. 103144)
Lindsey O. Watson (MSB No. 103329)
Adams and Reese LLP
1018 Highland Colony Parkway, Suite 800
Ridgeland, Mississippi 39157
T: 601.353.3234
F: 601.355.9708
Jim.Keith@arlaw.com
John.Hooks@arlaw.com
KaShonda.Day@arlaw.com
Lindsey.Watson@arlaw.com

And

Joanne N. Shepherd, Esq. (MSB #8598)

Cydney Archie, Esq. (MSB #105079)
Jackson Public School District
P.O. Box 2338
Jackson, MS 39225-2338
T: (601) 960-8916
F: (601) 973-8545
jnelson@jackson.k12.ms.us
carchie@jackson.k12.ms.us

47956555_1 7
 CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I have filed a true and correct copy of the foregoing
motion with the Clerk of Court via hand delivery and have served via electronic mail to counsel
for the Mississippi Department of Education as listed below:

Erin Meyer
Joseph Runnels
emeyer@mdek12.org
jrunnels@mdek12.org

Special Assistant Attorneys General

Counsel to the Mississippi Department of Education

Dated: September 14, 2017.

/s/ John S. Hooks

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