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

Filing 2265

ORDER Setting Status Conference. Joint Statement due by 4/12/2017. Status Conference set for 4/20/2017 at 03:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 3/22/17. (tehlc2, COURT STAFF) (Filed on 3/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMMA C., et al.,

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Plaintiffs,

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ORDER SETTING STATUS
CONFERENCE

v.

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DELAINE EASTIN, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 96-cv-04179-TEH

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The Court is in receipt of the Monitor’s reporting on Defendant California Department of

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Education’s (“CDE”) failure to comply with Corrective Actions 1, 3-7, 9-11, 17, and 20-43 of the

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Corrective Action Plan (“CAP”). See ECF Nos. 2180, 2242-43, 2259. In particular, the Court is

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dismayed by the Monitor’s recent report:
“The corrective actions (CAs) monitored in this report concern
essential issues . . . . However, despite the importance of these
issues, CDE’s submissions reveal little movement toward
compliance with the CAP . . . . Such a state of affairs, particularly
in light of the findings of prior CAP monitoring reports, is not
acceptable.”

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ECF No. 2259. Yet, despite the Monitor’s numerous findings of non-compliance with the CAP,

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CDE recently stated it is “continuing to work on the corrective action plan imposed by the court

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monitor.”1 As the Parties are well aware, the CAP was adopted as an order of this Court with an

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effective date of December 3, 2015. ECF No. 2130 at 13-14. Additionally, the Ninth Circuit has

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recently recognized that “[t]he parties intended to grant [this Court] broad authority to ensure the

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Jane Meredith Adams, Two-decade Old Legal Battle Over Special Education Oversight Nears
Resolution, Brings Major Changes, EDSOURCE (Mar. 19, 2017), https://edsource.org/2017/twodecade-old-legal-battle-over-special-education-oversight-nears-resolution-brings-majorchanges/576675.

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adequacy of the monitoring system . . . .” Emma C. v. Eastin, No. 14-16479, 2016 WL 7158013,

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at *1 (9th Cir. Dec. 8, 2016).

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The Parties are HEREBY ORDERED to appear before the Court on April 20, 2017, at

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3:00 PM for a Status Conference. The Parties shall submit a joint statement no later than April

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12, 2017 addressing the following:

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1. The parties’ perspectives on the overall status of the case.

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2. The current status of the Ravenswood Self Improvement Plan (“RSIP”).

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3. CDE’s progress in complying with the CAP.

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4. What actions, if any, the Court should take to ensure CDE’s prompt compliance
with the First Amended Consent Decree and the CAP.

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United States District Court
Northern District of California

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5. The status of the corrective actions related to Special Education Self Review

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(“SESR”) and how the parties intend to address these corrective actions in light of

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CDE’s adoption of its Annual Submission Process (“ASP”). See ECF No. 2242 at

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31-34.

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6. Any other information any party deems relevant.
IT IS SO ORDERED.

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Dated: 3/22/17
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_____________________________________
THELTON E. HENDERSON
United States District Judge

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