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ANTHONY T. LEE, et al., Plaintiffs, UNITED STATES OF AMERICA, Plaintiff-Inter v. nor and Amicus Curiae, NATIONAL EDUCATION ASSOCIATION, INC., Plaintiff-Inter

ORDER APPROVING CONSENT DECREE ON STATE-WIDE SPECIAL EDUCATION ISSUE

MYRON H. THOMPSON, United States District Judge.

In an order entered on April 21, 1997, this court reaffirmed that "the parties should now move toward . . . the termination of the litigation."Lee v. Lee County Bd. of Educ., 963 F. Supp. 1122, 1124 (M.D. Ala. 1997) (citation omitted). The reaffirmation was based on the premise that "local autonomy of school districts is a vital national tradition."Freeman v. Pitts, 503 U.S. 467, 490, 112 S.Ct. 1430, 1445 (1992) (quotingDayton Bd. of Educ. v. Brinkman, 433 U.S. 406, 410, 97 S.Ct. 2766, 2770 (1977)). The "court's end purpose must be to remedy the violation and, in addition, to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution."Id. at 489, 112 S.Ct. at 1445. The parties have submitted to the court a proposed consent decree that is "fair, adequate, and reasonable," Pettway v. American Cast Iron Pipe Co., 576 F.2d 1157, 1169 (5th Cir. 1978),cert. denied, 439 U.S. 1115, 99 S.Ct. 1020 (1979), and is not illegal or against public policy. See United States v. City of Montgomery, Ala., 948 F. Supp. 1533, 1568 (M.D. Ala. 1996). The proposed consent decree on state-wide special education should move this litigation swiftly towards termination as to this issue. The court, therefore, hopes that the State Superintendent of Education and other state officials will vigorously and fully comply with the proposed consent decree so that, at the end of the period outlined in the decree, there will be no doubt whatsoever that the court should terminate this litigation as to special education and finally return to the Alabama State Board of Education the full responsibility of the operation of the state school system as to this issue.

Accordingly, it is ORDERED that the proposed consent decree on the special education issue is approved.

Furthermore, so that, should any glitches arise in implementing the consent decree, they can be resolved immediately and so that, as a result, this case can end without any complications or delays, it is ORDERED that yearly status conferences are set for the following dates at 8:15 a.m. in chambers at the federal courthouse in Montgomery, Alabama: January 19, 2001; January 11, 2002; January 17, 2003; January 16, 2004; and January 14, 2005.

The status conferences may be conducted by telephone, as long as the united States so notifies the court and other parties at least three days beforehand and the United States then makes appropriate arrangements for the conference to be by telephone.

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LEE v. BUTLER COUNTY BOARD OF EDUCATION, (M.D.Ala. 2000)
(Aug 30, 2000)