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

TONY THURMOND, et al., Re: Dkt. No. 2850 Defendants.

This order assumes the reader is familiar with the Court’s prior orders in this case, especially the orders regarding compliance at Phase 3A and 3B, which describe in detail the state’s “Compliance and Improvement Monitoring” process (or “CIM” process). In Phase 4, the State was obligated to address three outstanding issues: (1) the State’s plan for inclusion of IEP implementation data in the selection of school districts for the CIM process; (2) the State’s plan for including restraint and seclusion data in the selection of school districts for the CIM process; and (3) the State’s plan for selecting small school districts for monitoring.1 For each of these three issues, the State created plans to monitor data quality and created benchmarks to select school districts for participation in both the CIM process and for activities specific to improving their data processes. At the evidentiary hearing, the State…