filed an answer and counterclaim on May 11, 2011. (ECF No.176.)The Court held a hearing on May 12, 2011, and May 13, 2011,at which it received proof in the form of testimony and exhibitsand heard oral arguments. (See ECF No. 177; ECF No. 178.) Theparties agreed that the Court would decide this matter based onthe testimony, the written record, and the affidavits before itafter the submission of final briefs on June 30, 2011. (ECF No.182.) Based on that record, the Court makes the followingfindings of fact and conclusions of law and orders the followingdeclaratory relief.
The parties do not dispute the material facts in this case.The public school system in Memphis (the “Memphis City Schools”)is the largest school system in Tennessee and the twenty-thirdlargest public school system in the United States. (SeeDistrict Budget 20, ECF No. 200-2; ECF No. 199-7.) It hasapproximately 105,000 students and 209 schools. (See DistrictBudget 20, ECF No. 200-2; ECF No. 199-7.) The studentdemographics are 85.7% African-American, 7.0% Caucasian, 5.9%Hispanic, and 1.4% other races and nationalities. (See DistrictBudget 20, ECF No. 200-2; ECF No. 199-7.) Memphis City Schoolsanticipates enrolling 108,461 students during the 2011-2012school year. (See District Budget 388, ECF No. 201-1.)
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