April 9, 2002

By Facsimile: 816-418-7915

Dr. Charles J. McClain

Implementation Monitor

Eighth Floor

1211 McGee Street

Kansas City, MO 64106

Re: Jenkins v. Missouri, Appeal for Mediation

Dear Dr. McClain:

On behalf of the plaintiff schoolchildren, we hereby appeal, pursuant to the Court's order of July 27, 2000, to you as Implementation Monitor two decisions of the School Board of the Kansas City, Missouri School District (KCMSD) and seek your assistance in mediating such differences as may exist among the parties as to those two issues. On April 2, 2002 the School Board adopted two proposals, one concerning an expansion of the African-Centered Education (ACE) program and the other changing the grade configuration of some schools to grades K-8. Plaintiffs believe that these two proposals may adversely and materially affect the KCMSD's ability to implement its court-approved educational improvement plans, close the black/white achievement gap, raise the overall achievement levels of the District, and gain unitary status for the KCMSD.

We are concerned that these two proposals may be costly and divert resources from critical implementation efforts; that they will fail to provide improved educational opportunities and may in fact undermine efforts to improve achievement and close the performance gap; that they will deprive the students involved of exposure to educational elements critical to their long-term academic success; and, that they are not supported by performance data, data that should be readily available.

For the time being, plaintiffs oppose the implementation of those two proposals until either your mediation results in a resolution of the disputes or the Court decides the matters. As you know, we asked the KCMSD for data concerning the two proposals, data that we believed the School Board would have wanted before deciding the issues. Nonetheless, without providing the data to us and, apparently, without reviewing that data itself, the School Board nevertheless adopted the proposals. Thus, it may be that your first task will be to secure the data that may or may not resolve the disputes. We remain open to a resolution short of either mediation by you or a hearing by the Court should the data and evidence suggest such an early resolution. In the meantime, we appeal those decisions to you for mediation.

Yours very truly,

Arthur Benson

/AB

ec: Ms. Kathy Walter-Mack

Ms. Patricia Brannan

Mr. Maurice Watson

Mr. Brian Wood

(all by fax and mail)