Emma C., et al v. Eastin, et al

Filing 1450

ORDER CONTINUING STATUS CONFERENCE(tehlc4, COURT STAFF) (Filed on 11/2/2009)

1 2 3 4 5 6 7 8 9 10 v. DELAINE EASTIN, et al., Defendants. EMMA C., et al., Plaintiff, NO. C 96-4179 TEH
ORDER CONTINUING STATUS CONFERENCE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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The Court is in receipt of the Court Monitor's RSIP Compliance Trends Report, 2003-

13 2009, as well as the Monitor's RSIP Quarterly Review Report for the period May-July, 2009. 14 The District has failed to meet eight of the 13 benchmarks that the Court established for the 15 2008-09 school year "to stem the terrible decline" that occurred over the previous year. 16 11/20/08 Order Regarding Matters Raised in Status Conference Statements, at 7. The 17 District was under court order to "conform to the final benchmarks . . . by the end of the 18 current school year on June 30, 2009." Id. at 8. The District's failure to comply with that 19 Order, which set benchmarks at levels the District had already achieved in 2006-07, is 20 disheartening and inexcusable. 21 However, the Court also recognizes the District's improvement over the previous 22 year. The District satisfied five of the benchmarks, and came within 2.5 percent of 23 compliance on two of the eight benchmarks that it missed. The District performed better on 24 11 of the 13 benchmarked RSIP requirements than it had over the 2007-08 school year. 25 The results are, therefore, decidedly mixed. Although the District fell short of its 26 2006-07 performance ­ and the Court's expectations ­ it has improved on last year's abysmal 27 showing. The Monitor's next RSIP Quarterly Review Report, covering the period August28 October 2009, will demonstrate whether or not the District's compliance continues to

1 improve. Furthermore, the data will reflect, for the first time, the recent efforts by the 2 District and the California Department of Education to correct noncompliance by 3 implementing corrective actions pursuant to section 4.5 of the modified First Amended 4 Consent Decree. The Court anticipates that this data, to be released in December, will 5 provide valuable information to the parties and the Court and figure prominently in the 6 discussion at the next status conference. 7 To allow for the release of the latest quarterly report, the status conference scheduled

8 for November 18, 2009, is therefore CONTINUED to Wednesday, January 27, 2010, at 9 2:00 pm, in Courtroom 12 on the 19th Floor, U.S. District Courthouse, 450 Golden Gate 10 Avenue, San Francisco, CA 94102. Status conference statements from all parties must be

United States District Court

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For the Northern District of California

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The benchmarks previously set for the 2008-09 school year will apply to the current

13 school year until further notice. Furthermore, the District shall maintain or improve its 14 performance on those requirements for which it has already met or exceeded the benchmark. 15 Regression on any benchmarked requirement will be considered a violation of an order of 16 this Court, and subject to contempt proceedings. 17 18 IT IS SO ORDERED. 19 20 21 22 23 24 25 26 27 28 2 Dated: 11/02/09

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT