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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EMMA C., et al., 7 Plaintiffs, 8 ORDER SETTING STATUS CONFERENCE v. 9 DELAINE EASTIN, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 96-cv-04179-TEH 12 The Court is in receipt of the Monitor’s reporting on Defendant California Department of 13 14 Education’s (“CDE”) failure to comply with Corrective Actions 1, 3-7, 9-11, 17, and 20-43 of the 15 Corrective Action Plan (“CAP”). See ECF Nos. 2180, 2242-43, 2259. In particular, the Court is 16 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.” 17 18 19 20 21 ECF No. 2259. Yet, despite the Monitor’s numerous findings of non-compliance with the CAP, 22 CDE recently stated it is “continuing to work on the corrective action plan imposed by the court 23 monitor.”1 As the Parties are well aware, the CAP was adopted as an order of this Court with an 24 effective date of December 3, 2015. ECF No. 2130 at 13-14. Additionally, the Ninth Circuit has 25 recently recognized that “[t]he parties intended to grant [this Court] broad authority to ensure the 26 1 27 28 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. 1 adequacy of the monitoring system . . . .” Emma C. v. Eastin, No. 14-16479, 2016 WL 7158013, 2 at *1 (9th Cir. Dec. 8, 2016). 3 The Parties are HEREBY ORDERED to appear before the Court on April 20, 2017, at 4 3:00 PM for a Status Conference. The Parties shall submit a joint statement no later than April 5 12, 2017 addressing the following: 6 1. The parties’ perspectives on the overall status of the case. 7 2. The current status of the Ravenswood Self Improvement Plan (“RSIP”). 8 3. CDE’s progress in complying with the CAP. 9 4. What actions, if any, the Court should take to ensure CDE’s prompt compliance with the First Amended Consent Decree and the CAP. 10 United States District Court Northern District of California 11 5. The status of the corrective actions related to Special Education Self Review 12 (“SESR”) and how the parties intend to address these corrective actions in light of 13 CDE’s adoption of its Annual Submission Process (“ASP”). See ECF No. 2242 at 14 31-34. 15 16 6. Any other information any party deems relevant. IT IS SO ORDERED. 17 Dated: 3/22/17 18 _____________________________________ THELTON E. HENDERSON United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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