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 3A

TONY THURMOND, et al., Defendants.

In this long-running case, the California Department of Education is working to demonstrate that it has come into compliance with the federal Individuals with Disabilities Education Act (“IDEA”). The Court has set up a multi-phase, multi-year process by which the state may eventually show that it is adequately fulfilling its obligations. If the state does so, the consent decree will be lifted, and this Court’s supervision will end. The current phase—Phase 3A—is about the state’s plan for helping struggling school districts improve. As discussed in this ruling, the plan is almost certainly sufficient. The real test will be at Phase 3B, which will examine whether the state is actually implementing the plan in a manner that satisfies its obligations under the IDEA. I The IDEA requires that states receiving federal education funds provide an appropriate education to students with disabilities. While local school districts are primarily responsible…