Fisher, et al v. Tucson Unified, et al

Filing 2011

ORDERED that the 2008 Report and Recommendation is approved and adopted by the Court. Signed by Senior Judge David C Bury on 4/10/2017. (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 Re: SY 2016-17 reallocating unspent 910G funding

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The parties have agreed, with one exception, to reallocate unspent 910G funds

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from the current budget to several activities and projects. The one exception is the

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proposal to use unspent 910G funds for facility upgrades at Carrillo K-5 Magnet School.

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The Plaintiffs object because this involves the inappropriate supplanting of other

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revenues with 910G funds. The supplanting restriction exists to prevent 910G funds from

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becoming a District slush fund. The Special Master, however, recommends the Court

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approve the use of the 910G funds “[b]ecause Carrillo is a high performing magnet

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school that is making gains towards becoming integrated, it is important that serious

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deficiencies in facilities (e.g., a leaking roof) be repaired in order not to deter families

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from choosing Carrillo, which would impede the integration of that school.” (R&R (Doc.

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2008) at 2.) Carrillo is an important component to the USP because it is a successful

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magnet school. Therefore, the Court agrees that the surplus 910G funds should be used

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for this proposed facility repair project.

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Accordingly,

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IT IS ORDERED that the Report and Recommendation (Doc. 2008) is approved

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and adopted by the Court.
Dated this 10th day of April, 2017.

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Honorable David C. Bury
United States District Judge

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