SPECIAL MASTER'S REPORT AND RECOMMENTATION REGARDING ROBERTS-NAYLOR

DAVID C. BURY, Senior District Judge.

Introduction

In its March 8, 2016 order the Court directed the District as follows:

The District was to report to the Court within 30 days. It submitted its report to the plaintiffs and the Special Master on April 15 (see Exhibit A). The Court ordered that the Special Master prepare a report and recommendation dealing with the District's report within 14 days.

The Court required the District's report because TUSD had proposed to add grades seven and eight to the Borman Elementary School which is located on the Davis-Monthan Air Force Base. This proposal by the District was objected to by the Fisher plaintiffs who are concerned, in part, that this move will draw students from the Roberts-Naylor's K-8 school which is located outside the base and would have negative consequences for integration. It also possible that the Borman grade configuration could negatively affect other TUSD schools. Currently Roberts-Naylor is 26% African-American, 11% Anglo and 54% Latino. Borman Elementary is 53% Anglo, 14% African American and 21% Latino. The latest grade assigned to Roberts-Naylor by the state of Arizona is C; Borman Elementary school is an A school.

On April 27, 2016, the Commander of the Davis-Monthan Air Force Base sent a letter to the District strongly supporting the District's proposal to expand Borman to a K-8 school. That letter, which was shared with the Special Master on May 3, 2016, is attached as Exhibit B. Because May 4 was the day the Special Master was to file his R&R related to the District's report on Roberts-Naylor, on May 4 the Special Master filed an unopposed request for an extension to file his R&R on May 11, 2016.

Analysis

To answer the question posed by the Court the District presumably would have to do the following:

The District provides a relatively detailed description of academic and other activities and learning resources available at Roberts-Naylor, but it does not provide any information about the schools it identifies as current competition for Roberts-Naylor, namely Sonora Science Academy charter school, Alice Vail Middle School (TUSD), Vail School District middle schools and "Private Parochial Schools." The one exception is that Sonora Science Academy charter school is described as a C school.

The District concludes, "based on available evidence" — which is not described except for a survey of dubious value — that the least important factors contributing to parents' decisions regarding middle school off-base attendance are proximity to work, keeping siblings together, keeping students within the military community, aftercare/extended day, special academic programs, accommodation for exceptional education, and ethnic and cultural diversity. (This conclusion about academic programs is contradicted elsewhere in the report). The report goes on to say that two of the factors identified as attractive to parents could potentially be replicated by special academic programs and safety and security to make Roberts-Naylor more competitive. In any event, this assumption is based on a survey conducted for the District in which the response rate was about 10%. Such a low response rate almost guarantees that the responses are not representative.

With respect to safety and security, it seems safe to conclude that virtually all parents value this school characteristic. Using student and parental surveys conducted by the District at Roberts-Naylor the District concludes that parents who send their children to Roberts-Naylor feel that safety is not an issue. However 39% of parents at Roberts-Naylor disagree with the statement, "I rarely hear that students will you harass others;" 42% of students disagree with the statement that, "This year I have rarely been the victim of bullying;" more than 50% disagree with the statement," Students behave during class;" and more than one in five say they do not feel safe at school. Perhaps parents at Roberts-Naylor have a high tolerance for unsafe conditions, but if these TUSD surveys are relatively valid and students and parents shared the views cited above with prospective attendees, it seems reasonable to conclude this would discourage attendance at Roberts-Naylor. The District does have data on the incidence of various types of disciplinary problems in all of its schools but it does not cite that evidence in its report.

At one point in its report, the District says that special academic programs are not likely to be important to parents in the schools that they select for their students. Despite such a statement, the District then lists possible programs to consider adding to Roberts-Naylor. This is guesswork. Some of these programs might work and the District has had experience with some of them at other schools, but it does not cite that evidence. One of the "possible" programs identified is self-contained gifted and talented education (GATE). However, there are existing self-contained GATE programs at a TUSD elementary school and a TUSD middle school that are in close proximity to the base and to Roberts-Naylor. The TUSD middle school is rated more highly than Roberts-Naylor and is difficult to understand why former Borman students would choose to attend Roberts-Naylor rather than the other District schools.

The District concludes that while the addition of new programs to Roberts-Naylor could improve the education the children at that school," it is unlikely that such changes would result in attracting significant numbers of students from the base to attend Roberts-Naylor." Despite the weaknesses in the District's analysis, I agree with this conclusion. Military communities tend to have a strong commitment to on-base schools. And, there is no reason to believe that adding new programs at this time to Roberts-Naylor would significantly alter the current patterns of attendance among students from Borman Elementary School. The only thing that might change family decisions is if Roberts-Naylor were one of TUSD's top schools.

Recommendations

As is true for the majority of TUSD schools, it would be desirable to strengthen Roberts-Naylor. But this is not likely to foster integration. The fact that Roberts-Naylor serves a relatively large number of African-American students makes it a candidate for additional investment. However, in light of limited resources, whether it is more urgent to strengthen Roberts-Naylor than other schools with weaker student performance should be carefully considered.

If a decision is made to prioritize further investments in improving the learning opportunities for students at Roberts-Naylor, the addition of "special academic programs" does not seem the place to start. The most important determinants of student learning are the effectiveness of teachers and school principals. First things first; strengthen teaching and leadership in the school. Then identify programs that are responsive to particular needs of Roberts-Naylor students based on evidence of their performance and behavior. For example, English-Language Arts is a particular challenge for Roberts-Naylor students, probably because of the large number of students from other countries for whom English is not their native language. In any event, the Court should not order additional investments in Roberts-Naylor. This decision should be made by the District.

The Court should approve the District's proposal to expand Borman Elementary School to a K-8 school. As noted above, the Fisher plaintiffs objected because of the potential effect that adding middle grades to Borman might have on District schools, particularly Roberts-Naylor. However, because the only students living off-base who would attend Borman K-8 School are members of military families or children of civilian employees who work on the base, the likelihood that this would involve many students is low. Only eight middle school students who formerly attended Borman now attend grades 7-8 at Roberts-Naylor and Vail Middle School (three Anglo, four Latino and one African American); two of these students attend Roberts-Naylor. As the base commander notes in his letter, most families connected with the military prefer to send their children to on-base education; in this case, it is a mediocre Sonora Science Academy.

While adding middle school grades to Borman is not likely to affect levels of integration in TUSD schools one way or the other, the District is not proposing to use 910G funds to implement the Borman proposal.

Creating a K-8 school at Borman will increase the quality of education available to the children of military families. Borman is an A school; the on-base charter school is a C school. This support for the military can be achieved without financial cost to the District even when the one-time remodeling costs about $60,000 are taken into account. Per-pupil state funds allocated to the District will exceed the costs of staffing, materials and upkeep. In out years, the District estimates that revenue will exceed costs by about $120,000 a year.

Finally, expanding the Borman Elementary will be evidence of commitment of the larger Tucson community to the Base. This evidence can be used when recurrent assessments by the Department of Defense of potential base the closings are considered.

Roberts-Naylor Report: Academics, Demographics, and Feasibility of Actual and/or Potential Transformative Measures

1. Intro

In its March 8, 2016 Order (ECF 1909), the Court directed the District as follows:

The following report includes information on the academic and demographic conditions at Roberts-Naylor K-8 school.

2. Demographic Conditions

Race/Ethnicity

The racial and ethnic demographics at Roberts-Naylor have remained fairly consistent over the past four years. Roberts-Naylor was an Integrated schools pursuant to the USP in the 2012-13, 2013-14, and 2014-15 school years. Based on the 40th day information for the 2015-16 school year, Roberts-Naylor has experienced an increase in the percentages of African American students (22% to 26%) and a corresponding decrease in the percentages of Hispanic students (58% to 54%). This change has resulted in Roberts-Naylor falling out of the 15% variance of "Integrated" pursuant to the USP. However, Roberts-Naylor meets the criteria of a highly diverse school because it has two students groups more that 25% of its population.

Other Demographic Conditions

Roberts-Naylor has a diverse population. Sixty-seven (67%) of Roberts-Naylor receive free and reduced lunch. The District average for free and reduced lunch is approximately 7580%. Thirty-four percent (34%) of Roberts-Naylor students are English Language Learners (ELLs). Twenty percent (20%) of Roberts-Naylor's student population are refugees from around the world (Congo Republic, Iraq, Syria, Bhutan, others). Beyond English and Spanish, over 19 world languages are spoken, including Arabic, Somali, and Nepalese.

Neighborhood/Non-Neighborhood

Included in the chart below are K-5, 6-8, and K-8 neighborhood and non-neighborhood students by race and ethnicity. The 6-8 student demographics are fairly consistent between both groups with only a higher percentage of Anglo students in the non-neighborhood group and, overall; one in five students come from outside the neighborhood. At the K-5 level, neighborhood students have a higher percentage of Anglo and Asian-PI students compared to the non-neighborhood group; the non-neighborhood group has a higher percentage of African American students. The K-8 data indicates that African American student percentages are higher in the non-neighborhood group (25% to 17%) and Asian-PI student percentages are lower (0% to 6%). Both groups have created a diverse and well-integrated student enrollment.

3. Academic Conditions

In reviewing the academic data at Roberts-Naylor from the past three years, the trends show that overall proficiency rates are above average for elementary grades (3-5) and below average for middle school grades (6-8). On balance, the school as a whole has had proficiency rates below the district averages compared to other K-8 schools.

Roberts-Naylor has 30 certified classroom teachers with an average experience level of 12 years. It offers a myriad of supports for students to address academic and language needs, including a full-time Reading Interventionist and a Curriculum Service Provider to assist teachers and students. Students have access to technology such as SuccessMaker twice a week along with additional classroom time. Staff target third through fifth grade students in need of Tier 3 intervention (the bottom 25%), or who are identified as "intensive" on the DIBELS assessment. Roberts-Naylor currently offers GATE language arts courses for 7th and 8th grades. ELD students receive additional support through a computer based program, Imagine Learning, fives days a week. Teachers provide after-school tutoring throughout the week but always on Monday and Wednesday. In conjunction with surrounding community organizations, facilitates the Good News Club to provide tutoring for students after school. Additionally, Roberts-Naylor partners with the Boys and Girls Club and the nearby library to provide additional services to students based on staff identification of at-risk students. They work with students below grade level and offer assistance with initiating and using a personal account for Achieve 3000 — a selfpaced computer program.

4. Transformative Measures

Prior and Current Measures

Roberts-Naylor offers the Wright Flight program, Culture Festivals, Guitar Grant Participation (2nd Year) to students. Through another grant, over 4,000 books were donated and given to students throughout the school to improve literacy. Building relationships between students and staff is a focus from the first day of school as all members of the Roberts-Naylor community create, "This is my story . . ." student and teacher boards to let others know about the background and talents they bring. Additional supports are provided to students through the Mentor Program between Staff and Students and the Oasis Mentoring Program. Current electives offered at Roberts-Naylor include Band, Orchestra, Art, PE and Technology. Currently, Robert-Naylor hosted student visits during the District's Level-Up Days. Students from Myers-Ganoung, Wheeler, and Borman toured the campus. Students were mailed a brochure to follow-up on the visit and highlight the opportunities that Roberts-Naylor offers. Additionally, to recruit students from Borman, a counselor and 6th grade students will plan a visit to Borman to talk to their 5th graders about Roberts-Naylor. The principal will attend a parent meeting at Borman to answer questions they might have and to encourage their child's enrollment. The school has worked with the marketing department to develop a marketing video to highlight the special qualities of the school. Finally, a parent meeting will be held at Roberts/Naylor including presentation to give families a sample of a typical day at a K-8 and possibly include student performances and speakers.

Potential Future Attractors

To determine necessary transformations that would make Roberts-Naylor competitive with the middle schools now attracting Borman students, the District first had to determine what factors were attracting Borman families to the middle schools they were attending. The District researched programmatic offerings at competing middle schools and developed a survey to identify and assess these factors. See Attachment A, Summary of Survey Results.

Based on available information, several middle schools attract students from the base for middle school: Sonoran Science Academy (Charter); Alice Vail Middle School (TUSD); Vail School District middle schools; Private Parochial Schools. Based on available information, the District has identified the primary factors that contribute to parents' decisions regarding middle school off-base (safety and security; special academic programs) and on-base (safety and security; proximity to home; keeping students within the military community). Two of those factors (proximity to home; keeping students within the military community) cannot be replicated at Roberts-Naylor.

Based on available information, the District has identified the least important factors that contribute to parents' decisions regarding middle school off-base (proximity to work; keeping siblings together; keeping students within the military community) and on-base (aftercare/extend day; special academic programs; accommodations for exceptional education services; ethnic and cultural diversity).

Two of the factors identified as attractive to parents (keeping students within the military community and proximity to home) cannot be replicated at Roberts-Naylor. Two of the factors could potentially be replicated (special academic programs; safety and security) to make Roberts-Naylor more competitive with the schools currently attracting middle school students both on and off base. Families who stay on base for middle school do not list special academic programs as an important consideration.

Feasibility of Potential Measures and Timelines

Security and Safety

On the Roberts-Naylor School Quality Survey, students and parents rated the following statements on a continuum of Agree/Strongly Agree (A/SA) or Disagree/Strongly Disagree (D/SD). The following statements and responses are from the 2014-15 and 2013-14 school year:

Based on the available information, parents who send their children to Roberts-Naylor feel that safety is not an issue. Although the student responses are slightly lower, the majority of students also feel safe at school. There may be perception issue that can be addressed through positive marketing strategies and campus tours, which the District is actively engaged in currently.

Special Academic Programs

The following is a list of possible programs to consider adding to Roberts-Naylor:

5. Conclusion

Based on the information available from the parent surveys and the feasibility that adding programs might draw a small sample of parents to Roberts-Naylor, it is likely that substantial changes at Roberts-Naylor could improve the quality of education for the students attending, but it is unlikely that such changes would result in attracting significant numbers of students from the base to attend Roberts-Naylor. This is due to the fact that the majority of parents on base elect to stay on base regardless of the alternative options — even where the alternatives demonstrate higher levels of academic achievement (Sonoran Science Academy is a "C" school just like Roberts-Naylor) and where they might offer special programs (note: the survey results indicated that the availability of special academic programs is one of the least important factors in parent choice for base families).

Attachment 1 — Summary of Base Survey

The District developed a 17 item on-line questionnaire to gather information about the school choices made by parents living on the Davis Monthan Air Force Base. Soaring Heights, the residential agency that manages housing for military families on Base, distributed the survey to 1,088 individuals via an email blast. There were 108 responses, representing a response rate of 10%. Of the 108 households that responded, 11 did not have children under 18 living with them. There were therefore a total of 97 relevant responses.

School Choice

Parents were asked to identify whether they had elementary, middle school or high school grade children, and the schools they were attended. Out of the 97 households responding, five indicated that their children were home-schooled, while two others attend on-line schools (e.g. Arizona Virtual Academy). As shown in the Table 1 below, the majority of attendants were enrolled in Borman Elementary (note: a couple of respondents had more than one student). An additional 23 households (24%) indicated that their child was enrolled in a school for 6th through 8th grade. The majority of these students attended the base middle school — Sonoran Science Academy (SSA-DM). Ten (10) indicated that their child attended a high school. Sixty percent (60%) of these students attended a school off base.

Table 1. School Choice

Factors affecting school choice

Parents who had children enrolled in a base school (Borman Elementary or SSA-DM) or a school located off the base were asked to indicate the importance of various factors in choosing the school (scale ranged from not at all important to very important).

The most important factors in choosing the base schools (those they had in common) were 1) proximity to home, 2) safety and security, and 3) keeping their child in a military community. The least important factor was after-care/extended day. These results make sense within the context that they have chosen to remain on base and that the need for longer time at school is unnecessary.

Not surprisingly, households who sent their children to off-base schools identified a different set of factors. Although safety and security received the highest ratings, special academic programs (e.g. Honors, AP, GATE), state school rankings, and school personnel were also important. This suggests that parents who are sending their children off-base place more importance on the academics of a school. The least important factors were proximity to work, keeping sibling together, and keeping a child in a military community.

DEPARTMENT OF THE AIR FORCE 355TH MISSION SUPPORT GROUP (ACC) DAVIS-MONTHAN AIR FORCE BASE ARIZONA

Dear Honorable Bury,

In my role as the commander for the 355th Mission Support Group at Davis-Monthan Air Force Base, I lead the organization responsible for security, operations, logistical support, civil engineering and personnel support for military members assigned to Davis-Monthan and their families. Recently, I reviewed the court's order filed on March 8, 2016 denying the Tucson Unified School District's request to expand Borman Elementary School from a K-5 school to a K-8 school. As this decision has a direct impact on the education provided to the children of military members, 1 humbly request that you consider the following before rendering your final decision.

Borman Elementary School ("Borman") predominately serves the children of military members who reside on the installation. Military members whose children attend Borman are present in Tucson and reside on Davis-Monthan Air Force Base because they are subject to military orders. As you may know, military members relocate frequently (every 2-3 years) and their children often attend multiple schools in school districts across the country. In addition, military members are subject to overseas deployments and their families often live on base to mitigate economic and security issues that occur in families when one spouse is deployed. Our military community at Davis-Monthan is fully integrated into the Tucson community. That said, given our unique character as a military community, we remain tightknit and protective of the education our military children receive.

Currently, the vast majority of students matriculating from Borman's Fifth Grade class elect to attend the on-base charter school — Sonoran Science Academy. Very few students elect to attend middle school at off -base charter schools, TUSD schools, or schools in other districts. They seek opportunities to attend school on base as they did at Borman or as the older children do by attending the Sonoran Science Academy. Borman earned an "A" rating in 2014, Sonoran Science and Roberts-Naylor earned "C" ratings. However, what we have found with our families is that school ratings and available programming often do not trump safety and other concerns when selecting a school. Simply put, they want to attend school on the installation.

Safety, security, and a unique set of support resources and networks are the primary reasons that the vast majority of our families elect to stay on base where possible. There are periods where the base goes into a "hard lockdown" due to a security issue and no one is allowed in or out of the base. These lockdowns could last for hours or, in extreme cases, for days. For the most part, military families are not willing to risk being separated from their children for such extended periods of time.

The base offers a very safe and secure area with a built-in community that supports a transient population through deployments and other security issues. For parents concerned with their child's safety and belonging to a network of similarly-situated service men and woman sense, Borman and Sonoran school communities are uniquely positioned to address those challenges as part of a greater on-base network of support. It is for these two primary reasons that most Air Force bases throughout the nation and throughout the world provide schooling options that are located on-base.

I am available if you would like to discuss this matter further. I am available by telephone at 520-228-5800. The desegregation efforts outlined in your order are important. However, as military members give so much to secure the security of the nation, I ask that you allow Borman to expand to a K-8 program to allow military children to continue their education on base at Borman Elementary.