Case: Congress of Hispanic Educators v. School District No. 1

1:95-cv-02313 | U.S. District Court for the District of Colorado

Filed Date: June 12, 1995

Case Ongoing

Clearinghouse coding complete

Case Summary

In 1969, this lawsuit was brought in the U.S. District Court for the District of Colorado seeking desegregation of the Denver Public Schools. The Congress of Hispanic Educators and individually named Mexican American parents of minor children attending the Denver Public Schools intervened in 1974. Keyes v. School District No. 1, 576 F. Supp. 1503 (1983). On November 3, 1980, these intervenor-plaintiffs filed a supplemental complaint in intervention on behalf of Limited English Proficiency ("LEP…

In 1969, this lawsuit was brought in the U.S. District Court for the District of Colorado seeking desegregation of the Denver Public Schools. The Congress of Hispanic Educators and individually named Mexican American parents of minor children attending the Denver Public Schools intervened in 1974. Keyes v. School District No. 1, 576 F. Supp. 1503 (1983). On November 3, 1980, these intervenor-plaintiffs filed a supplemental complaint in intervention on behalf of Limited English Proficiency ("LEP") students. It alleged that the school district did not have adequate programs for students who were limited in their English proficiency. We do not have a copy of the complaint, the complaint in intervention, or the court docket sheets from that era, but the intervening plaintiffs' attorneys evidently were from the Mexican American Legal Defense Fund and Multicultural Education, Training and Advocacy (META), Inc.-California.

This entry describes the litigation that arose from the intervention. For more information on the underlying desegregation lawsuit, see here in the Clearinghouse.

In a December 1983 unpublished order, District Judge Richard P. Matsch found that there were deficiencies in the defendant's school program for students of limited English-speaking abilities and ordered that they be remedied. Representatives of the plaintiffs and the school district negotiated to develop a remedy for the deficiencies found by the court. They negotiated a settlement which (a) provided a procedure for identifying and assessing needy students, (b) established standards for teachers and aides, and (c) established programmatic standards. Before the settlement went into effect, parents of students who attend the Denver Public Schools and who were "Limited English Proficient" (LEP) could review the settlement and file any objection they had to its contents. They further had a right to appear in court to voice their objections.

A hearing to approve the settlement was set for August 1984 and resulted in a language rights order issued by Judge Matsch on August 7, 1984, in Keyes v. School District No. 1. Subsequently, the District was found to have attained unitary status and the desegregation component of the action was dismissed by order of September 12, 1995; the outstanding issues pertaining to LEP students were at that time split off from the original action and assigned a new civil docket number. The settlement led to dismissal of the original case.

Judge Matsch was still assigned the matter when, on March 3, 1995, the school district filed a motion to modify the language rights order. The Congress of Hispanic Educators, as plaintiffs, responded on March 24, 1995, prompting Judge Matsch to order a scheduling conference for the case, later in the year. That conference was the prelude to a number of status conferences and reports to the court over the next four years. A February 1999 status report indicated that, with the participation of the United States, an English Language Acquisition Program had been developed for implementation in the upcoming school year. The continued talks culminated in an April 1999 proposed settlement of the case. The day after the settlement proposal was submitted to the court, the United States moved to intervene in the case as an additional plaintiff, citing the Educational Opportunities Act of 1974, 20 U.S.C. § 1701 et seq., Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134, as well as these statutes' implementing regulations. The intervention motion was granted on April 21, 1999.

The United States' complaint noted a 1997 findings letter in which the District was found by the Office for Civil Rights of the United States Department of Education (DOE) to be in violation of Title VI of the Civil Rights Act of 1964, of Section 504 of the Rehabilitation Act of 1973, and of Title II of the Americans with Disabilities Act of 1990, due to the District's failure to provide equal educational opportunity to LEP students. Unable to obtain voluntary compliance with these statutes and the August 1984 order, DOE had referred the matter to the U.S. Department of Justice (DOJ), resulting in its subsequent intervention. The intervention, however, came after the DOJ and the parties had reached a negotiated settlement. Accordingly, documents regarding the English Language Acquisition Program (ELAP) and compliance monitoring (for a three-year period by an agreed-upon monitor, Dr. Ernest House) were submitted for court approval.

Padres Unidos, Inc., a group consisting of parents of Denver Public School students, filed objections to the proposed settlement and unsuccessfully voiced those to the court at a hearing in June 1999. On June 16, 1999, Judge Matsch approved the ELAP and monitoring plans, substituting these plans for the August 1984, order. In August of that year, the judge directed administrative closure of the case, retaining jurisdiction to review compliance issues brought to his attention.

Periodic monitoring reports were subsequently filed with the court. The case was dormant until September 2012, when the parties filed a joint motion for an order to approve a new consent decree. On April 16, 2013, Judge Matsch issued an order approving the consent decree, which provided extensive accountability measures to ensure compliance with its terms. The consent degree included provisions requiring annual and semi-annual reporting by the Denver Public Schools to the U.S. Department of Justice and to the Congress of Hispanic Educators, annual multi-day visits to DPS schools by the U.S. and counsel for the CHE to monitor compliance. It further required DPS to conduct its own monitoring to assess its compliance with the consent decree. The consent decree did not have a set duration.

The consent decree further provided for the appointment of an independent monitor to ascertain compliance. On a joint motion, the court appointed Dr. Paul Martinez as the Court's monitor. Dr. Martinez has entered six status reports dated February 25, 2014; October 24, 2014; June 8, 2015; February 26, 2016; June 5, 2017; May 11, 2018; and July 17, 2019. According to the latest status report, the school district has made significant progress in several of the main areas that had been identified as points of concern. These included, among other things, the availability of Spanish language material, which Dr. Martinez reported had increased significantly, particularly in the areas of math, science and library sciences, and a implementation of a comparable Spanish language Common Core aligned curriculum for elementary students.

On September 12, 2018, Judge Matsch approved the parties' joint motion to appoint Dr. Christopher Nelson, Ph.D. as the Court's Monitor of the Consent Decree to suceed Dr. Martinez.

On July 18th, 2019, the case was reassigned to Judge Richard Jackson. This case is ongoing.

Summary Authors

Mike Fagan (6/17/2008)

Kevin Nomura (3/8/2015)

Maria Ricaurte (3/20/2016)

Lisa Koo (2/23/2019)

Jonah Feitelson (4/2/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5370821/parties/congress-hispanic-ed-v-denver-sch-dist-no-1/


Attorneys(s) for Plaintiff

Hernandez, Antonia (California)

Jackson, Michael Hodges (Colorado)

Kauffman, Albert H. (Texas)

Lopez, Jane E. (Massachusetts)

Neal, Phil C. (Illinois)

Perez-Vargas, Miguel A. (Massachusetts)

Perez−Vargas, Miguel A. (Massachusetts)

Rice, Roger L. (Massachusetts)

Roos, Peter D. (California)

Rumbaut, Carmen (Texas)

Attorneys(s) for Plaintiff

Hernandez, Antonia (California)

Jackson, Michael Hodges (Colorado)

Kauffman, Albert H. (Texas)

Lopez, Jane E. (Massachusetts)

Neal, Phil C. (Illinois)

Perez-Vargas, Miguel A. (Massachusetts)

Perez−Vargas, Miguel A. (Massachusetts)

Rice, Roger L. (Massachusetts)

Roos, Peter D. (California)

Rumbaut, Carmen (Texas)

Wilmot, Luis (Texas)

Attorneys(s) for Defendant

DeHerrera, Jerome A. (Colorado)

Malson, Laurel Pyke (District of Columbia)

Marks, Andrew H (District of Columbia)

Riege, Julie Ann (Colorado)

Vana, Peter Lawrence III (Colorado)

Other Attorney(s)

Benavidez, Adrienne (Colorado)

Evans, Lisa (District of Columbia)

Galleher, Watson Wheelwright (Colorado)

Glassman, Jeremiah (District of Columbia)

Lee, Bill Lann (District of Columbia)

McMahan, Linda A. (Colorado)

Pellegrino, Whitney Marin (District of Columbia)

Rocque, Amanda Adams (Colorado)

Taylor, Stephen D. (Colorado)

Woodruff, Kathryn (District of Columbia)

Expert/Monitor/Master

House, Ernest R. (Colorado)

Martinez, Paul E. (New Mexico)

Matsch, Richard Paul (Colorado)

Documents in the Clearinghouse

Document

1:95-cv-02313

Docket [PACER]

Congress of Hispanic Educators v. Denver School District No. 1

July 18, 2019

July 18, 2019

Docket

75-00702

Opinion

Supreme Court of the United States

423 U.S. 1066, 96 S.Ct. 806, 46 L.Ed.2d 657

Jan. 12, 1976

Jan. 12, 1976

Order/Opinion

1:95-cv-02313

Exhibit 1: A Program for Limited English Proficient Students

Jan. 1, 1983

Jan. 1, 1983

Statute/Ordinance/Regulation

Civ. A. No. C-1499.

Memorandum Opinion and Order on Language Issues

Keyes v. School District No. 1

576 F.Supp. 1503

Dec. 30, 1983

Dec. 30, 1983

Order/Opinion
1

1:95-cv-02313

Order for Scheduling Conference

Congress Hispanic Ed. v. School District No. 1

Sept. 12, 1995

Sept. 12, 1995

Order/Opinion
9

1:95-cv-02313

Status Report

Oct. 1, 1996

Oct. 1, 1996

Pleading / Motion / Brief
15

1:95-cv-02313

Courtroom Minutes

Congress Hispanic Educators v. School District No. 1

Sept. 12, 1997

Sept. 12, 1997

Transcript
18

1:95-cv-02313

Status Report

Feb. 25, 1999

Feb. 25, 1999

Pleading / Motion / Brief
22

1:95-cv-02313

Submission of Proposal to Settle Class Action

April 20, 1999

April 20, 1999

Pleading / Motion / Brief
25

1:95-cv-02313

Complaint-In-Intervention

April 21, 1999

April 21, 1999

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5370821/congress-hispanic-ed-v-denver-sch-dist-no-1/

Last updated Aug. 1, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

ORDER FOR RULE 16 CONFERENCE by Chief Judge Richard P. Matsch ; Rule 16 conference set for 4:00 11/2/95 (cc: all counsel) (former empl) (Entered: 09/13/1995)

Sept. 12, 1995

Sept. 12, 1995

65

ORDER Setting Fairness Hearing. A Fairness hearing on approval of proposed consent decree is scheduled for January 25, 2013 at 10:00 a.m., in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado before Judge Richard P. Matsch, by Judge Richard P. Matsch on 11/16/12. (sgrim)

Nov. 16, 2012

Nov. 16, 2012

RECAP
2

COURTROOM MINUTES by Chief Judge Richard P. Matsch ; rule 16 conf held on 11/2/95 ; pla's mtn to modify decree & dft's response; csl will work together under Rule 26 for informal disclosure statements; csl to contact the court when they desire to have a formal meeting ; entry date : 11/3/95 Court Reporter: Terasaki (lam) (Entered: 11/03/1995)

Nov. 2, 1995

Nov. 2, 1995

67

ORDER For Preliminary Approval of Proposed Consent Decree and for Notice of Fairness Hearing re 56 : Joint Motion to Approve Consent Decree is preliminarily approved, subject to final approval following a Fairness Hearing to be held before this Co urt on January 25,2013, at 10:00 a.m., in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado. The Denver School District No.1 (Denver Public Schools)shall provide written notice of the purpose an d location of the Fairness Hearing, as described in the Notices attached hereto, by November 29, 2012. All written objections specify the part(s) of the proposed Consent Decree to which the person objects, the basis for each objection, and whether t he person intends to make objections in person at the Fairness Hearing on January 25, 2013. All timely written objections received by counsel for the Parties shall be filed with the Court by the Parties on or before January 18, 2013, by Judge Richard P. Matsch on 11/20/2012.(rpmcd)

Nov. 20, 2012

Nov. 20, 2012

RECAP
69

ORDER Granting 68 Joint Motion for Approval to Issue Amended Notice re 67 : Defendant Denver School District No. 1 shall provide written notice of the purpose and location of the Fairness Hearing, as described in the Notices attached to this Court's November 20, 2012 Order (Doc. 67), on or before November 30, 2012 and the attached amended Parent Notice shall be issued by Defendant Denver School District No. 1 to parents, by Judge Richard P. Matsch on 11/26/2012.(rpmcd)

Nov. 26, 2012

Nov. 26, 2012

RECAP
3

NOTICE by plaintiff Congress Hispanic Ed of attorney Roos change of address (lam) (Entered: 12/12/1995)

Dec. 11, 1995

Dec. 11, 1995

3

ATTORNEY APPEARANCE for plaintiff Congress Hispanic Ed by Jane E. Lopez (lam) (Entered: 12/12/1995)

Dec. 11, 1995

Dec. 11, 1995

86

ORDER FOR CLARIFICATION re 85 : the parties will clarify this statement that the Board unanimously approved the resolution attached as Exhibit 1 to the Joint Status Report prior to the hearing scheduled for April 15, 2013, by Judge Richard P. Matsch on 3/29/2013. (rpmcd )

March 29, 2013

March 29, 2013

RECAP
4

MOTION by plaintiff Congress Hispanic Ed for attorney fees & costs (lam) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

90

ORDER Approving Consent Decree (2012) with Conditions re 56 , by Judge Richard P. Matsch on 4/16/2013. (rpmcd )

April 16, 2013

April 16, 2013

RECAP
5

STATUS REPORT by plaintiff Congress Hispanic Ed, defendant Denver Sch Dist No 1 (lam) (Entered: 03/07/1996)

March 4, 1996

March 4, 1996

6

MINUTE ORDER : by Chief Judge Richard P. Matsch ; status conf set for 10:00 7/10/96 (cc: all counsel) ; entry date : 6/21/96 (lam) (Entered: 06/21/1996)

June 18, 1996

June 18, 1996

7

COURTROOM MINUTES by Chief Judge Richard P. Matsch ; status conf held 7/10/96 ; status report ddl set for 9/30/96 ; mtn for atty fees and costs may be resolved between parties ; entry date : 7/10/96 Court Reporter: Terasaki−ECR (lam) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

9

STATUS REPORT by defendant Denver Sch Dist No 1 (lam) (Entered: 10/04/1996)

Oct. 1, 1996

Oct. 1, 1996

10

NOTICE of withdrawal from Law Firm by defendant Denver Sch Dist No 1 of attorney Jackson & his change of address & phone (lam) (Entered: 01/15/1997)

Jan. 13, 1997

Jan. 13, 1997

11

ORDER by Chief Judge Richard P. Matsch ; status conf set for 9:00 9/9/97 (cc: all counsel) ; entry date : 8/27/97 (former empl) (Entered: 08/27/1997)

Aug. 26, 1997

Aug. 26, 1997

12

MINUTE ORDER : by Chief Judge Richard P. Matsch ; status conf reset for 2:00 9/12/97 (cc: all counsel) ; entry date 9/8/97 (gms) (Entered: 09/08/1997)

Sept. 5, 1997

Sept. 5, 1997

13

Agreed MOTION by plaintiff, defendant for continuance of status conf on 9/9/97 (gms) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

14

Entry of ATTORNEY APPEARANCE for defendant by Julie Ann Riege (former empl) (Entered: 09/10/1997)

Sept. 10, 1997

Sept. 10, 1997

15

COURTROOM MINUTES by Chief Judge Richard P. Matsch ; status conf held 9/12/97 ; csl to work on schedule for filing mtns for contempt & to modify consent decree & report at a later time ; entry date : 9/17/97 Court Reporter: Terasaki−ECR (lam) (Entered: 09/17/1997)

Sept. 12, 1997

Sept. 12, 1997

16

NOTICE by plaintiff Congress Hispanic Ed of attorney change of address (lam) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

17

ORDER by Chief Judge Richard P. Matsch ; status report ddl set for 2/25/99 (cc: all counsel) ; entry date : 2/4/99 (former empl) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

18

STATUS REPORT by defendant Denver Sch Dist No 1 (former empl) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

19

MINUTE ORDER : by Chief Judge Richard P. Matsch ; status conf set for 3:30 3/26/99 (cc: all counsel) ; entry date : 3/3/99 (former empl) (Entered: 03/03/1999)

March 2, 1999

March 2, 1999

20

COURTROOM MINUTES by Chief Judge Richard P. Matsch ; status conf held 3/26/99 ; entry date : 3/30/99 Court Reporter: K. Terasaki (former empl) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

22

NOTICE of submission of proposal to settle class action by plaintiff Congress Hispanic Ed, defendant Denver Sch Dist No 1 (former empl) (Entered: 04/23/1999)

April 20, 1999

April 20, 1999

21

MOTION by plaintiff USA to intervene (former empl) (Entered: 04/23/1999)

April 21, 1999

April 21, 1999

Tendered complaint in intervention submitted by plaintiff USA motion to intervene [21−1] (former empl) (Entered: 04/23/1999)

April 21, 1999

April 21, 1999

23

ORDER by Chief Judge Richard P. Matsch setting hearing on notice [22−1] 1:30 6/3/99 (cc: all counsel) ; entry date : 4/27/99 (former empl) (Entered: 04/27/1999)

April 21, 1999

April 21, 1999

24

ORDER by Chief Judge Richard P. Matsch granting motion to intervene [21−1] (cc: all counsel) ; entry date : 4/30/99 (former empl) (Entered: 04/30/1999)

April 21, 1999

April 21, 1999

25

INTERVENOR'S COMPLAINT by intervenor USA (former empl) (Entered: 04/30/1999)

April 21, 1999

April 21, 1999

26

NOTICE of subst of counsel by intervenor USA (former empl) (Entered: 05/18/1999)

May 17, 1999

May 17, 1999

27

ATTORNEY APPEARANCE for Padres Unidos by Adrienne Helen Benavidez (former empl) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

27

REQUEST by Padres Unidos to submit written objections and testimony re propsoed settlement (former empl) (Entered: 06/01/1999)

May 28, 1999

May 28, 1999

28

ORDER by Chief Judge Richard P. Matsch granting request to submit objections re: settlement[27−1], regarding [27−1] entry of attorney (cc: all counsel) ; entry date : 6/2/99 (former empl) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

30

SERVICE by publication of notice in LaVoz from 4/28/99 to 5/19/99 (former empl) (Entered: 06/04/1999)

June 3, 1999

June 3, 1999

31

SERVICE by publication of notice in El Semanario from 4/29/99 to 5/20/99 (former empl) (Entered: 06/04/1999)

June 3, 1999

June 3, 1999

32

COURTROOM MINUTES by Chief Judge Richard P. Matsch fairness hearing held; counsel to prepare consent decree for court to sign ; entry date : 6/4/99 Court Reporter: Kathy Terasaki, ECR (former empl) (Entered: 06/04/1999)

June 3, 1999

June 3, 1999

33

ORDER by Chief Judge Richard P. Matsch document denominated Denver Public Schools: English Language Acquisition Program shall be implemented as set forth in order; this order supersedes order of 8/l7/84 approving program for English proficient students (cc: all counsel) entry date : 6/18/99 (former empl) (Entered: 06/18/1999)

June 16, 1999

June 16, 1999

34

TRANSCRIPT of proceedings of 6/3/99 ( 128 pages) Prepared By: Federal Reporting Svc (former empl) (Entered: 07/07/1999)

July 7, 1999

July 7, 1999

35

ORDER by Chief Judge Richard P. Matsch terminating case by administrative closure (cc: all counsel) ; entry date : 8/19/99 (former empl) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

36

REPORT by Monitor on DPS English Acquisition Program Rept l (former empl) (Entered: 09/02/1999)

Sept. 2, 1999

Sept. 2, 1999

37

Monitor's REPORT on DPS ELA (Report 2) (former empl) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

38

REPORT on the Denver Public Schools' English Language Acquisition Program (ELA): Report 3 by Ernest R. House, Court Monitor 4/24/00 (lam) (Entered: 04/27/2000)

April 26, 2000

April 26, 2000

39

Monitor's REPORT on the Denver Public Schools' English Language Acquisition Program (ELA): Report 4 by Ernest R. House, Court Monitor 9/2000 (lam) (Entered: 09/18/2000)

Sept. 15, 2000

Sept. 15, 2000

40

Monitor's REPORT on Denver Public Schools' English Language Acquisition Program (ELA): Report 5 by Ernest R. House, Court Monitor 12/2000 (lam) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

41

LETTER from Clerk of Court to the file: please be advised that 3 letters rec'd 3/22/01 have been placed in misc. action file 01−X−12 (lam) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

42

Monitor's REPORT by Ernest R. House re: Denver Public Schools' english language acquisition program (ELA): Report 6 (pap) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

43

Monitor's REPORT on the Denver Public Schools' English Language Acquisition Program (ELA): Report 7 by Court Monitor, Ernest R. House (lam) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

44

Monitor's REPORT on Denver Public Schools' English Language Acquisition Program (ELA): Report 8 by Court Monitor, Ernest R. House (lam) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

45

Monitor's REPORT on the Denver Public Schools' English Language Acquisition Program (ELA): Report 9 by Court Monitor, Ernest R. House (lam) (Entered: 11/20/2002)

Nov. 19, 2002

Nov. 19, 2002

46

Monitor's REPORT on the Denver Public Schools' English Language Acquisition Program (ELA): Report 10 by Court Monitor, Ernest R. House (lam) (Entered: 01/10/2003)

Jan. 9, 2003

Jan. 9, 2003

47

Monitor's REPORT on the Denver Public Schools' English Language Acquistion Program (ELA): Report 11 by Court Monitor, Ernest R. House (pap) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

48

Monitor's REPORT on the Denver Public Schools' by intervenor (dlb) (Entered: 01/12/2004)

Jan. 9, 2004

Jan. 9, 2004

50

NOTICE of Entry of Appearance by Amanda Adams Rocque on behalf of USA (Rocque, Amanda) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

51

NOTICE of Entry of Appearance by Whitney Marin Pellegrino on behalf of USA (Pellegrino, Whitney) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

52

NOTICE of Entry of Appearance by Andrew Harold Marks on behalf of Denver Public Schools (Marks, Andrew) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

53

NOTICE of Entry of Appearance by Laurel Pyke Malson on behalf of Denver Public Schools (Malson, Laurel) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

54

Entry of Appearance Miguel A. Perez−Vargas as counsel for Plaintiff Congress of Hispanic Educators. (Perez−Vargas, Miguel) Modified on 9/27/2012 (rpmcd). (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

55

Entry of Appearance Roger L. Rice as counsel for Plaintiff Congress of Hispanic Educators. (Rice, Roger) Modified on 9/27/2012 (rpmcd). (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

56

Joint MOTION for Order to Approve Consent Decree (2012) by Intervenor USA. (Attachments: # 1 Proposed Order (PDF Only) Consent Decree (2012))(Pellegrino, Whitney) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

57

BRIEF in Support of 56 Joint MOTION for Order to Approve Consent Decree (2012) filed by Intervenor USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (part 1 of 40), # 6 Exhibit 5 (part 2 of 40), # 7 Exhibit 5 (part 3 of 40), # 8 Exhibit 5 (part 4 of 40), # 9 Exhibit 5 (part 5 of 40), # 10 Exhibit 5 (part 6 of 40), # 11 Exhibit 5 (part 7 of 40), # 12 Exhibit 5 (part 8 of 40), # 13 Exhibit 5 (part 9 of 40), # 14 Exhibit 5 (part 10 of 40), # 15 Exhibit 5 (part 11 of 40), # 16 Exhibit 5 (part 12 of 40), # 17 Exhibit 5 (part 13 of 40), # 18 Exhibit 5 (part 14 of 40), # 19 Exhibit 5 (part 15 of 40), # 20 Exhibit 5 (part 16 of 40), # 21 Exhibit 5 (part 17 of 40), # 22 Exhibit 5 (part 18 of 40), # 23 Exhibit 5 (part 19 of 40), # 24 Exhibit 5 (part 20 of 40), # 25 Exhibit 5 (part 21 of 40), # 26 Exhibit 5 (part 22 of 40), # 27 Exhibit 5 (part 23 of 40), # 28 Exhibit 5 (part 24 of 40), # 29 Exhibit 5 (part 25 of 40), # 30 Exhibit 5 (part 26 of 40), # 31 Exhibit 5 (part 27 of 40), # 32 Exhibit 5 (part 28 of 40), # 33 Exhibit 5 (part 29 of 40), # 34 Exhibit 5 (part 30 of 40), # 35 Exhibit 5 (part 31 of 40), # 36 Exhibit 5 (part 32 of 40), # 37 Exhibit 5 (part 33 of 40), # 38 Exhibit 5 (part 34 of 40), # 39 Exhibit 5 (part 35 of 40), # 40 Exhibit 5 (part 36 of 40), # 41 Exhibit 5 (part 37 of 40), # 42 Exhibit 5 (part 38 of 40), # 43 Exhibit 5 (part 39 of 40), # 44 Exhibit 5 (part 40 of 40), # 45 Exhibit 6, # 46 Exhibit 7, # 47 Exhibit 8)(Pellegrino, Whitney) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

58

Minute ORDER Setting Hearing on 56 Joint MOTION for Order to Approve Consent Decree (2012) for 11/16/2012 at 10:00 AM in Courtroom A, by Judge Richard P. Matsch on 10/22/2012. (rpmcd) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

59

Letter from Rita Montero re 56 Joint MOTION for Order to Approve Consent Decree (2012) and 58 Order Setting Hearing on Motion. (rpmcd) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

60

(LETTER) Motion for Continuance filed by Rita Montero. (jjhsl, ) (Entered: 11/14/2012)

Nov. 13, 2012

Nov. 13, 2012

61

NOTICE of Entry of Appearance by Watson Wheelwright Galleher on behalf of Rita Montero (Galleher, Watson) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

62

Supplemental MOTION to Continue by Amicus Rita Montero. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order (PDF Only))(Galleher, Watson) Modified on 11/15/2012 as counsel has refiled at 63 . (sgrim) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

63

Supplemental MOTION to Continue by Amicus Rita Montero. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order (PDF Only))(Galleher, Watson) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

66

CERTIFICATION of DPS Board of Education pursuant to 64 re: 56 , by Intervenor USA. (rpmcd) (Entered: 11/20/2012)

Nov. 19, 2012

Nov. 19, 2012

68

Joint MOTION for Leave to Amend Notices 67 Order on Motion for Order,,,, by Plaintiff Congress of Hispanic Educators, Defendant Denver Public Schools, Intervenor USA. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only) Order)(Rocque, Amanda) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

70

TRANSCRIPT of Motions Hearing held on November 16, 2012 before Judge Matsch. Pages: 1−24. Prepared by: Federal Reporting Service, Inc. NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 3/1/2013. (Federal Reporting Service, Inc., ) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

71

Mail Returned as Undeliverable re: 64 Motion Hearing, Addressed to Peter Roos. (jjhsl, ) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

72

Mail Returned as Undeliverable re: 64 Motion Hearing, Addressed to Luis Wilmot. (jjhsl, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

73

Mail Returned as Undeliverable re: 64 Motion Hearing, Addressed to Carmen Rumbaut. (jjhsl, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

75

Mail Returned as Undeliverable re: 64 Motion Hearing, Addressed to Antonia Hernandez. (jjhsl, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

76

Joint STATUS REPORT by Plaintiff Congress of Hispanic Educators, Defendant Denver Public Schools, Intervenor USA. (Attachments: # 1 Exhibit Attachment 1)(Rocque, Amanda) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

77

MOTION to File Amicus Brief In Objection to Proposed Changes to 1999 Consent Decree by Amicus Rita Montero. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Order Re: Motion For Leave to File Amici Curiae Brief in Opposition to Proposed Changes to 1999 Consent Decree)(Galleher, Watson) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

78

ORDER CONCERNING 77 Motion to File Amicus Brief: It is expected that the concerns raised by these members will be discussed with the Court at the hearing to be held on Friday, January 25, 2013, at 10:00 a.m. by Judge Richard P. Matsch on 1/18/2013.(rpmcd) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

79

RESPONSE to 77 MOTION to File Amicus Brief In Objection to Proposed Changes to 1999 Consent Decree filed by Plaintiff Congress of Hispanic Educators, Defendant Denver Public Schools, Intervenor USA. (Rocque, Amanda) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

80

MOTION for Leave to File Amici Curiae Response to Court's Order Concerning Motion For Leave to File Amici Curiae Brief by Amicus Rita Montero. (Attachments: # 1 Proposed Order (PDF Only), # 2 Attachment 1 to Motion− Amici Curiae, # 3 Attachment 1 to Amici Curiae, # 4 Attachment 2 to Amici Curiae)(Galleher, Watson) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

81

Courtroom Minutes for Fairness Hearing held on 1/25/2013 before Judge Richard P. Matsch. Hearing continued to 4/15/2013 at 10:00 AM in Courtroom A and Status Report due by 3/29/2013. FTR: K. Terasaki. (rpmcd ) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

82

TRANSCRIPT of Fairness Hearing held on January 25, 2013 before Judge Matsch. Pages: 1−54. Prepared by: Federal Reporting Service, Inc. NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 5/16/2013. (Federal Reporting Service, Inc., ) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

83

MOTION to Withdraw as Attorney by Intervenor USA. (McMahan, Linda) Modified on 2/12/2013 to advise Motion 83 terminated as Moot Re 26 5/17/99 and 5/18/99 (rpmcd). (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

84

Corrected TRANSCRIPT of Fairness Hearing held on January 25, 2013 before Judge Matsch. Pages: 1−54. Prepared by: Federal Reporting Service, Inc. NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 5/23/2013. (Federal Reporting Service, Inc., ) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

85

Joint STATUS REPORT by Defendant Denver Public Schools. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Malson, Laurel) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

87

RESPONSE to 86 Order, by Defendant Denver Public Schools. (Attachments: # 1 Exhibit A)(Malson, Laurel) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

88

SUPPLEMENT/AMENDMENT Amici Curiae Request For Leave to File Supplemental Submission by Amicus Rita Montero. (Attachments: # 1 Exhibit Exhibit 1)(Galleher, Watson) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

89

Courtroom Minutes for Continued Fairness Hearing held before Judge Richard P. Matsch on 4/15/2013. ORDERED: Proposed names of prospective monitors due by May 30, 2013. Proposed order to include as stated: pursuant to the hearing held on April 15, 2013, and according to the Court's findings, the proposed consent decree with conditions is fair and reasonable and in accordance with the law, submitted in paper to chambers. FTR: K. Terasaki. (sgrim) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

91

TRANSCRIPT of Continued Fairness Hearing held on April 15, 2013 before Judge Matsch. Pages: 1−30. Prepared by: Federal Reporting Service, Inc. NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/2/2013. (Federal Reporting Service, Inc., ) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

92

Joint STATUS REPORT AND REQUEST FOR EXTENSION OF TIME TO SUBMIT NAMES OF PROPOSED COURT MONITOR by Defendant Denver Public Schools. (Malson, Laurel) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

94

STATEMENT Entry of Appearance for J. DeHerrera by Defendant Denver Public Schools. (DeHerrera, Jerome) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

95

Joint MOTION for Appointment of Dr. Paul Martinez as the Court's Monitor of the 2012 Modified Consent Decree by Plaintiff Congress of Hispanic Educators, Defendant Denver Public Schools, Intervenor USA. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only) Order)(Rocque, Amanda) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

96

ORDER Re 95 Motion to Appoint: Dr. Martinez to monitor, on behalfof the Court, the Defendants' implementation and compliance with the Consent Decree (2012), by Judge Richard P. Matsch on 6/18/2013.(rpmcd) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

97

STATUS REPORT (Independent Monitor Report by Dr. Paul E. Martinez) by Intervenor USA. (Attachments: # 1 Appendix B)(Rocque, Amanda) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

99

STATUS REPORT of the Independent Monitor by Intervenor USA. (Rocque, Amanda) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

100

NOTICE of Independent Monitor Report by Intervenor USA (Rocque, Amanda) (Entered: 02/28/2016)

Feb. 28, 2016

Feb. 28, 2016

101

NOTICE of Independent Monitor Report by Intervenor USA (Rocque, Amanda) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

102

NOTICE of Independent Monitor Report by Intervenor USA (Rocque, Amanda) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

103

Joint MOTION to Withdraw and Substitute Dr. Paul Martinez and to Appoint Dr. Chris Nelson as the Court's Monitor of the 2012 Modified Consent Decree by Intervenor USA. (Attachments: # 1 Proposed Order (PDF Only))(Rocque, Amanda) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

104

ORDER APPOINTING MONITOR For the reasons set forth in the Parties' Unopposed Joint Motion to Appoint Dr. Christopher Nelson, Ph.D. as the Court's Monitor of the Consent Decree (2012), and following a review of the materials submitted in Attachment 1 thereto, the Court hereby appoints Dr. Nelson to monitor, on behalf of the Court, the Defendants' implementation and compliance with the Consent Decree in this case, by Judge Richard P. Matsch on 9/12/2018. (evana, ) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

Case Details

State / Territory: Colorado

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 1995

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Congress of Hispanic Educators, with the U.S. Department of Justice intervening, on behalf of students of limited English proficiency

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Denver Public School System (Denver, Denver), School District

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - None

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Remedial education