Fisher, et al v. Tucson Unified, et al

Filing 1914

ORDER adopting the 1913 Report and Recommendation of the Special Master set out in his Report and Recommendation. Signed by Senior Judge David C Bury on 3/25/2016. (SEE ORDER FOR DETAILS.)(BAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roy and Josie Fisher, et al.,

No. CV-74-00090-TUC-DCB

Plaintiffs

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and

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United States of America,
Plaintiff-Intervenor,

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v.

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Tucson Unified School District, et al.,
Defendants,

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and

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Sidney L. Sutton, et al.,
Defendants-Intervenors,

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Maria Mendoza, et al.,

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No. CV-74-0204-TUC-DCB

Plaintiffs,

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and

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United States of America,

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Plaintiff-Intervenor,

ORDER

v.
Tucson Unified School District, et al.
Defendants.

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Report and Recommendation: USP § IV.E Racially and Ethnically Diverse Staff

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There being no objection and the Court finding good cause,

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IT IS ORDERED adopting the recommendations of the Special Master set out in

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his Report and Recommendation (Doc. 1913).

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IT IS FURTHER ORDERED that the District shall act immediately to address
the racial disparities among faculty in TUSD schools as follows:

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The District shall develop and implement a plan to reduce by half by the beginning

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of the 2016-17 school year the number of schools in which there are existing racial

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disparities, as defined by the USP, among the teaching staffs. This plan shall include, but

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not be limited to the following practices:

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1. School transfers by TUSD teachers shall not create or add to racial disparities in
any school.

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2. School transfer requests that contribute to the elimination of racial disparities
shall have priority.

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3. Incentives shall be used to motivate voluntary transfers. These incentives shall

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include, but not be limited to, financial incentives, reduction or modification of workload,

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and enhanced opportunities for professional advancement.

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4. Beginning teachers may be assigned to schools at which students are achieving
above the district average when such assignment will increase faculty diversity.

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5. As necessary, the district shall actively recruit teachers to transfer to new

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schools when such transfers will bring about compliance with the relevant provisions of

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the USP.

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IT IS FURTHER ORDERED that the District shall develop and implement a

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plan to eliminate all significant disparities in 2017-18 using the practices outlined above

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and such other practices as the District may deem appropriate. Given the experience in

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implementing the plan for the coming school year, the District may amend the plan

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submitting it for review and comment to the plaintiffs and the Special Master.

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Dated this 25th day of March, 2016.

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