FILED

2018 Apr-06 PM 04:47

U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

LINDA STOUT, et al., }

}
Plaintiffs, }
}
UNITED STATES OF AMERICA, } Case No.: 2:65-cv-00396-MHH
}
Plaintiff-Intervenor, }
}
v. }
}
JEFFERSON COUNTY BOARD OF }
EDUCATION, et al., }
}
Defendants. }

ORDER

On February 21, 2018, the Jefferson County Board of Education filed a

motion for approval of various construction projects throughout the school district.

(Doc. 1190). The Board proposes to construct or renovate more than a dozen

schools as part of a 2017 Capital Improvement Initiative. (Doc. 1190, p. 7).

The Court grants the Board’s motion with respect to all of the proposed

projects listed in the motion, including the sale of Gresham Elementary School to

the Vestavia Hills City Board of Education, except the addition to Snow Rogers

Elementary School in Gardendale, construction of a new school in Fultondale, and

renovation of Fultondale High School for use as the district’s Middle School IB

program.

With respect to the addition at Snow Rogers Elementary School,

construction of a new school in Fultondale, and renovation of Fultondale High

School for use as the district’s Middle School IB program, the Court understands

that the Board and the plaintiff parties have consulted and have agreed to consider

specific details of these projects as part of their comprehensive review of the

district under each of the Green factors. (See Doc. 1199). Therefore, the Court

will address those three projects by separate order.

Though not mentioned in the Board’s motion, the Court understands that the

parties have consulted not only with respect to the Fultondale and Gardendale

projects but also with respect to the construction projects that the Court is

approving in this order. Consistent with the Board’s motion for approval (Doc.

1190), the Court anticipates that as the parties continue their Green factor review,

the parties may approach the Court with “additional proposals or modifications to

ancillary parts of the [Capital Project] Plan,” including “development of ‘theme’ or

specialized schools with controlled choice options in certain zones . . . , adjustment

of zone lines, or other projects in the event that there are surplus funds.” (Doc.

1190, p. 9). Therefore, the Court approves the Board’s request to proceed with the

proposed construction “with the understanding that matters related to zone lines

2
and school programming will be addressed as part of the parties’ unitary status

review.” (Doc. 1190, p. 9).

The Court asks the Clerk to please term Doc. 1190 and Doc. 1194.

DONE and ORDERED this April 6, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE