Thurmond

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs,

SECOND ORDER RE STATE’S

v. COMPLIANCE AT PHASE

TONY THURMOND, et al., Defendants.

This case is proceeding in four phases to determine whether the California Department of Education is in compliance with its monitoring and enforcement obligations under the Individuals with Disabilities Education Act. Each phase involves evaluation of the legal adequacy of a different aspect of the state’s operations: (1) data collection; (2) methods for selecting districts for intervention; (3) monitoring and enforcement activities; and (4) written policies for implementing the systems developed in the first three phases. See Order Re State’s Obligations Under Consent Decree, Dkt. No. 2387. The first phase ended in the fall of 2018, when the Court determined that the state’s process for collecting data on school district performance was legally adequate on the whole (although a couple of issues remain to be worked out). See Emma C. v. Torlakson, No. 96-CV-04179-VC, 2018 WL 3956310 (N.D. Cal. Aug. 17, 2018). Hearings on Phase 2 occurred…