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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 Roy and Josie Fisher, et al., No. CV-74-00090-TUC-DCB Plaintiffs 9 10 and 11 United States of America, Plaintiff-Intervenor, 12 13 v. 14 Tucson Unified School District, et al., Defendants, 15 16 and 17 Sidney L. Sutton, et al., Defendants-Intervenors, 18 19 Maria Mendoza, et al., 20 No. CV-74-0204-TUC-DCB Plaintiffs, 21 and 22 United States of America, 23 24 25 26 Plaintiff-Intervenor, ORDER v. Tucson Unified School District, et al. Defendants. 27 28 Report and Recommendation Re: SY 2016-17 reallocating unspent 910G funding 1 The parties have agreed, with one exception, to reallocate unspent 910G funds 2 from the current budget to several activities and projects. The one exception is the 3 proposal to use unspent 910G funds for facility upgrades at Carrillo K-5 Magnet School. 4 The Plaintiffs object because this involves the inappropriate supplanting of other 5 revenues with 910G funds. The supplanting restriction exists to prevent 910G funds from 6 becoming a District slush fund. The Special Master, however, recommends the Court 7 approve the use of the 910G funds “[b]ecause Carrillo is a high performing magnet 8 school that is making gains towards becoming integrated, it is important that serious 9 deficiencies in facilities (e.g., a leaking roof) be repaired in order not to deter families 10 from choosing Carrillo, which would impede the integration of that school.” (R&R (Doc. 11 2008) at 2.) Carrillo is an important component to the USP because it is a successful 12 magnet school. Therefore, the Court agrees that the surplus 910G funds should be used 13 for this proposed facility repair project. 14 Accordingly, 15 IT IS ORDERED that the Report and Recommendation (Doc. 2008) is approved 16 17 and adopted by the Court. Dated this 10th day of April, 2017. 18 19 20 Honorable David C. Bury United States District Judge 21 22 23 24 25 26 27 28 -2-

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