Opinion
Case No. 2:04-CV-1206.
August 30, 2010
ORDER
This matter is before the Court on Plaintiffs' Renewed Motion for Specific Performance to Secure Compliance with the Stipulation Terms Regarding Education and Related Matters (Doc. 208) and Defendant's Cross-Motion to Enforce Terms of Stipulation Regarding Educational Services (Doc. 215).
On August 3, 2010, Plaintiffs moved this Court for an Order declaring: (1) "that the school suspension and expulsion policies and practices violate the Stipulation [in S.H. v. Stickrath];" (2) "that DYS is violating the Stipulation with respect to Special Education services"; and (3) "that Paragraph 156(b} [of the Stipulation,] permits plaintiffs, at their sole discretion, to determine whether a disputed matter may be submitted to the monitor for a binding ruling." (Doc. 208 Pl. Motion.) On August 18, 2010, Defendant's cross-moved, requesting that this Court "examine laws that govern the provision of a full school day in Ohio and decline to issue an Order that would conflict with such laws since the Parties agreed, in Stipulation Paragraph 189, that these laws would govern the delivery of educational services to resident youth." (Doc. 215 Def. Cross-Motion.)
The Stipulation in this case states that it is "[t]he general goal of . . . monitoring and oversight shall be to promote and assist the parties in achieving compliance," while recognizing that "[t]he Monitor is a coach and partner in achieving success." (Doc. 108 Stipulation p. 81 ¶ 247.) The Stipulation empowers the Court "to enforce the Stipulation through specific performance and all other remedies permitted by law." (Id. At 88 ¶ 263.) In furtherance of that goal, it is hereby ORDERED that the Monitor, Fred Cohen, conduct an investigation into the issues addressed in the parties' motions. It is further ORDERED that by October 15, 2010, Monitor Cohen submit to this Court a Report and Recommendation as to the resolution of the issues raised in the cross motions.