Thurmond

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EMMA C., et al., Case No. 96-cv-04179-VC

Plaintiffs, ORDER RE STATE'S COMPLIANCE v. AT PHASE 3B

TONY THURMOND, et al., Defendants.

The consent decree process has reached Phase 3B, which involves a review of the State of California’s efforts to help struggling school districts get into compliance (or improve their compliance) with the Individuals with Disabilities Act. As previously noted, “neither excellence nor perfection is necessary.” Emma C. v. Thurmond, 668 F. Supp. 3d at 904. Instead, the state must show that its “efforts are adequate.” Id. The state has demonstrated that its system for intervention with struggling school districts is more than adequate under federal law. It is not a particularly close question. At each step of the intervention process, the state has shown that it provided meaningful support and technical assistance to school districts. The state has also established an escalating set of enforcement mechanisms to ensure that school districts participate in the process. The state is in compliance at Phase 3B. This order assumes the reader is…