July 29, 1999

Dear Mr. Parker:

     This firm represents the Plano Independent School District ('PlSD"). I am writing in response to your July 27, 1999 letter to Dr. Douglas Otto, Superintendent of PISD. In your letter, you assert that Texas Justice Foundation represents parents that are willing to act as class representatives in the suit against PISD. Further, you identify three individuals who claim to have claims under §1983 against PISD. Your letter offers to waive these claims if PISD provides a "traditional" math class which is substantially different from the "connected" math class currently offered.

     The request for the math class was discussed in terms of an additional request. I will assume that you are referring to the presentations by these parents regarding the connected math program on March 2, 1999, March 16, 1999, and June 15, 1999. As you know, on each of those instances, the Board of Trustees declined to adopt or change the math classes offered within the PISD from those recommended by the staff.

     Your assertion that the parents have a right to the establishment of this math class apparently stems from §26.003 of the Texas Education Code. PISD is certainly willing to comply with this provision of the Education Code and never desires to engage in litigation. However, thus far, the presentations have failed to identify in any substantive justification for this alternative math class. Accordingly, for the District to be able to realistically evaluate the viability of the proposed "traditional" math class, we request the following information:

1. Please identify the number of parents requesting this "traditional" math class and file schools in which this is requested.
2. Describe the proposed "traditional" math class.
3. What is the proposed curriculum, if any, of the "traditional" math class.
4. How many students are necessary for a campus to provide this "traditional' math class.
5. Define in which ways the "traditional" math class is different from the math class already offered by PISD.
6. Please identify any state requirements that are not provided by the PISD approved math class.
7. Please define what constitutes your definition of "economically practical."
8. How many additional teachers 'are expected to be hired to offer the proposed class.
9. From what source do you propose to obtain funding for the class.
10. From what source do you propose to obtain funding for textbooks for the class.

     As part of the proposal by the parents, and for the District to be able to appropriately assess the need, we request the above information. However, as you stated in your letter, the parents have requested this item before and these requests were addressed by the Board on March 2, March 16, and June 15, 1999. If this information is not provided, we do not believe a lawsuit would be appropriate pursuant to §26.003(b) of the Education Code. Accordingly, our view of such suit would be that it is frivolous pursuant to §11.161 of the Education Code, and the District would be appropriate in seeking reimbursement of any associated fees.

     We look forward to receipt of this information so that we may evaluate the request. If can be of any other assistance, please do not hesitate to call.

Very truly yours,

/s/

J. Timothy Brightman

Cc: Dr. Douglas Otto, Ms. Marilyn Brooks, Mr. Keith Sockwell