Case 2:09-cv-02095-MMB Document 114-3 Filed 05/13/10 Page 1 of 1

As a result of Proposed Plan 3, students in the Affected Area, other areas districted for

Penn Valley Elementary School (with the exception of the abbreviated walk zone), and the

Narberth Borough of Belmont Hills, would no longer have a choice of high schools. In terms of

travel time, students in the Affected Area travel eighteen to nineteen minutes on District buses to

Harriton High School, which is half the distance and half the time of the longest bus ride in the

District.

Proposed Plan 3 also increased the percentage of African–American students at Harriton

High School from 5.7 percent prior to redistricting, to 9.6 percent, by projecting that Harriton

would have 105 African–American students and a total student population of 1089. (Pls.’ Ex. 3,

at 0220.) As with Proposed Plan 1, the percentage of African–American students at Harriton

under Proposed Plan 3 nearly mirrored the ten percent of African–American students attending

public high schools in the district. Once again, the slide show presentation accompanying the plan

included a slide setting forth the general diversity breakdowns under the plan. (Pls.’ Ex. 3, at

0220.)

In the ensuing public comments period, members of the public expressed concern that

Proposed Plan 3 had a disparate racial impact. During this period, community members proposed

a “Plan 3R Plus” to Dr. McGinley that he criticized in an email to the Board as “chang[ing] the

character of Harriton significantly.” (Pls.’ Ex. 114.) A copy of proposed Plan 3R Plus or a

summary of its contents were not introduced into evidence during the bench trial.

The Board, however understood the main concern that the community had with the plan

was that of walkability, because Proposed Plan 3 only allowed a limited number of students to

choose to walk to Lower Merion High School. The Board thus decided to expand the abbreviated

walk zone to allow more students who live within walking distance of Lower Merion High School

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