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Cong. of Hispanic Educators v. Denver Sch. Dist. No. 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Nov 20, 2012
Civil Action No. 95-cv-02313-RPM (D. Colo. Nov. 20, 2012)

Opinion

Civil Action No. 95-cv-02313-RPM

11-20-2012

CONGRESS OF HISPANIC EDUCATORS, Plaintiffs, v. DENVER SCHOOL DISTRICT NO. 1, Defendant. v. THE UNITED STATES OF AMERICA, Plaintiff-lntervenors.


Senior District Judge Richard P. Matsch


ORDER FOR PRELIMINARY APPROVAL OF PROPOSED CONSENT DECREE AND FOR

NOTICE OF FAIRNESS HEARING

Upon review of the Joint Motion of All Parties to Approve and Enter the Proposed Consent Decree (2012) in Place of the 1999 Court Order Regarding Denver Public Schools' ELA Plan (Doc. 56) and the Memorandum in Support of the Joint Motion to Approve Consent Decree 2012 (Doc. 57) (hereafter collectively referred to as "the Joint Motion to Approve Consent Decree"), and after the hearing held on November 16, 2012, and the submission of a certification that the Board of Education of Denver Public Schools approved the proposed consent decree at a Special Meeting on July 16, 2012, following proper public notice, public hearing and opportunity for public comment, thereby assuring the court that the proposed consent decree has been adopted as public policy by the governing board of Denver School District No. 1, it is

ORDERED that the Joint Motion to Approve Consent Decree is preliminarily approved, subject to final approval following a Fairness Hearing to be held before this Court 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. It is

FURTHER ORDERED that the Denver School District No. 1 (Denver Public Schools) shall provide written notice of the purpose and location of the Fairness Hearing, as described in the Notices attached hereto, by November 29, 2012, and it is

FURTHER ORDERED that all written objections specify the part(s) of the proposed Consent Decree to which the person objects, the basis for each objection, and whether the person intends to make objections in person at the Fairness Hearing on January 25, 2013, and it is

FURTHER ORDERED that 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 THE COURT:

_________________________

Richard P. Matsch, Senior Judge

To be translated into Spanish,

Vietnamese, Arabic and Somali, Amharic, Nepali,

Russian, French, Karen and Burmese

Print and Email Notice to Parents

The Congress of Hispanic Educators ("CHE"), the United States, and the Denver Public Schools ("DPS") recently negotiated a revised plan for addressing the educational needs of students whose language is other than English ("English Language Learners" or "ELLs"), and have submitted it to the U.S. District Court for approval. Our records indicate that you have a child who is an English Language Learner and is eligible for English Language Acquisition ("ELA") services.

This revised plan, if approved by the Court, would replace the English Language Acquisition Program currently in place and which was approved in 1999 by the U.S. District Court in the case of Congress of Hispanic Educators v. Denver School District No. 1. The revised plan: (a) clarifies how parents may choose program services for their ELL students, (b) provides a new approach to training teachers of ELL students, (c) ensures that parents from different language groups will receive translations of important school communications, (d) sets out processes governing placement of ELL students with disabilities, and (e) improves DPS's self-evaluation of its ELA Program to help ensure that ELL students are succeeding in school.

Before this revised plan is approved by the Court, parents of English Language Learners in the Denver Public Schools have a right to review it.

The proposed revised Consent Decree is available at the DPS homepage www.dpskl2.org and can be reviewed at the office of any school, and in DPS's administrative offices, at 900 Grant Street, 1st Floor, between 9:00 a.m. and 4:00 p.m., Monday through Friday. A copy of the proposed Consent Decree will be available in English and Spanish. Speakers of other languages may bring a translator, or may obtain a list of translators proficient in other languages. You may also obtain a copy of the document for $3.00.

Parents of ELL students wishing to file an objection must do so in writing. Any such objections should state that you are a parent of an ELL student in Denver Public Schools, and indicate at the top of the page that the objection relates to the case CHE v. School District #1, CA #95-M-2313. All written objections must specify the part(s) of the proposed Consent Decree to which the person objects, the basis for each objection, and whether the person intends to make objections in person at the Fairness Hearing on January 25, 2013. All written objections should be mailed to each of the following individuals so that it is received by close of business on January 4, 2013:

1. Walter J. Kramarz, Esq.

Denver Public Schools

900 Grant Street Suite 401

Denver, CO 80203

2. Laurel Pyke Malson, Esq.

Crowell & Moring LLP

1001 Pennsylvania Avenue NW

Washington, DC 20004

Fax: 202-628-5116

3. Roger L. Rice, Esq.

META, Inc.

240A Elm Street, Suite 22

Somerville, MA 02144

English and Spanish

Print and Email Notice to Community Organizations

The Congress of Hispanic Educators ("CHE"), the United States, and the Denver Public Schools ("DPS") recently negotiated a revised plan for addressing the educational needs of students whose language is other than English ("English Language Learners" or "ELLs"), and have submitted it to the U.S. District Court for approval.

This revised plan, if approved by the Court, would replace the English Language Acquisition Program currently in place and which was approved in 1999 by the U.S. District Court in the case of Congress of Hispanic Educators v. Denver School District No. 1. The revised plan: (a) clarifies how parents may choose program services for their ELL students, (b) provides a new approach to training teachers of ELL students, (c) ensures that parents from different language groups will receive translations of important school communications, (d) sets out processes governing placement of ELL students with disabilities, and (e) improves DPS's self-evaluation of its ELA Program to help ensure that ELL students are succeeding in school.

Before this revised plan is approved by the Court, parents of English Language Learners in the Denver Public Schools have a right to review it, file written objections, and may have the opportunity to present objections orally to the Court at a Fairness Hearing that will take place at 10 a.m. on January 25, 2013 at: Byron White Courthouse, 1823 Stout Street, Courtroom A, 2nd Floor, Denver, Colorado.

The proposed revised Consent Decree is available at the DPS homepage www.dpskl2.org and can be reviewed at the office of any school, and in DPS's administrative offices, at 900 Grant Street, 1st Floor, between 9:00 a.m. and 4:00 p.m., Monday through Friday. A copy of the proposed Consent Decree will be available in English and Spanish. Speakers of other languages may bring a translator, or may obtain a list of translators proficient in other languages. You may also obtain a copy of the document for $3.00.

Parents of ELL students wishing to file an objection must do so in writing. Any such objections should state that you are a parent of an ELL student in Denver Public Schools, and indicate at the top of the page that the objection that it relates to the case CHE v. School District #1, CA U95-M-2313. All written objections must specify the part(s) of the proposed Consent Decree to which the person objects, the basis for each objection, and whether the person intends to make objections in person at the Fairness Hearing on January 25, 2013. All written objections should be mailed to each of the following individuals so that it is received by close of business on January 4, 2013:

1. Walter J. Kramarz, Esq.

Denver Public Schools

900 Grant Street Suite 401

Denver, CO 80203

2. Laurel Pyke Malson, Esq.

Crowell & Moring LLP

1001 Pennsylvania Avenue NW Washington, DC 20004

Fax: 202-628-5116

3. Roger L. Rice, Esq.

META, Inc.

240A Elm Street, Suite 22

Somerville, MA 02144

LIST OF COMMUNITY ORGANIZATIONS

• BUENO Center

UCB 247 - School of Education

University of CO, Boulder

Boulder, CO 80309-0247

Attn: Leonard Baca
• Catholic Charities Immigration Services

4045 Pecos Street, Denver, CO 80211

Tel: 303-742-0828

Email: info@ccdenver.org
• CIRC-CO Immigrant Rights Coalition

2525 W. Alameda Ave., Suite 300

Denver, CO 80219

Email: (JulienRoss) iulien@coimmigrant.org

Website: http://\vww.coimmigrant.org/
• CLLARO, CO Latino Leadership, Advocacy and Research Organization

309 West 1st. Avenue

Denver, CO 80223

Tel: 303-722-5150 ext. 108 (Kathy Maestas)

Website: www.cllaro.org
• Colorado Association of Bilingual Educators (CABE)

P.O. Box 33120

Northglenn, CO 80233

Email: hrilev@cocabe.org
• Colorado Association of Latino/a Administrators & Superintendents

15701 E. 1st Ave, Suite 217

Aurora, CO 80011

Tel: 303 340-0864

Email: (Jesus Escarcega) jdescarcegafa>aps.kl2.co.us
• Coloradans for Immigrant Rights

901 W. 14th Avenue, Ste. 7

Denver, CO 80204

Tel: 303-623-3464

Email: (Jordan Garcia) jgarcia@afsc.org
• CO Statewide Parent Coalition

7150 Hooker Street, Ste B

Westminster, CO 80030

Tel: 720-890-0123

Email: (Richard Garcia) richard@coparentcoalition.ore:
• Del Norte Neighborhood Development Corp

2926 Zuni Street #202

Denver, CO 80211

Tel: 303-321-1384

Email: (Alice Dent) adent@delnortends.org
• Escuela Tlatelolco

2949 North Federal Boulevard

Denver, CO 80211

Tel: 303-964-8993

Email: (Nita Gonzales) nita@escuelatlatelolco.org
• Focus Points Family Resource Center

2501 East 48th Avenue

Denver, CO 80216

Tel: 303-292-0770

Email: (Cynthia Gallegos) cvnrgal@vahoo.com
• Intercambio De Comunidades

2525 W. Alameda Ave., Room 130

Denver, CO 80219

Tel: 303-433-0190

Email: (Sarah Shikes) sarahs@intercambioweb.org
• Latino Education Advisory Council (LEAC)

% Ms. Christina Montoya

3349 Alcott Street

Denver, CO 80211

Email: christinam77@vahoo.com

and

Ms. Aubrey Valencia

2807 E. Pacific Dr. #302

Aurora, CO 80014
• Latin American Educational Foundation

561 Santa Fe Drive

Denver, CO 80204

Tel: 303-446-0541

Website: info@laef.org
• Lulac League-United Latin

3034 W. Denver Place

Denver, CO 80211

Tel: 303-892-8455
• Mi Casa Resource Center

360 Acoma Street

Denver, CO 80223

Tel: 303-573-1302

Email: (Christine Marquez-Hudson) cmarquez@micasaresourcecenter.org
• Mile High United Way

2505 18th Street

Denver, CO 80211

Tel: 303-433-8383

Website: www.unitedwavdenver.orH
• Padres and Jovenes Unidos

3025 West 37th Ave. #206

Denver, CO 80211

Tel: 303-937-3799

Email: (Ricardo and Pam Martinez) info@padresunidos.org
• Rocky Mountain Immigrant Advocacy Network

3489 West 72nd Ave Ste 211

Westminster, CO 80030

Tel: 303-433-2812

Email: (Mekela Goehring) mgoehring@rmian.org
• Servicios De La Raza

4055 Tejon Street

Denver, CO 80211

Tel: 303-458-5851

Email: rudYg@serviciosdelaraza.org
• YESS Institute

1029 Santa Fe Drive

Denver, CO 80204

Tel: 303-525-3859

Email: (Carlo Kriekels) carlo@yessinstitute.org
• NEWSED Community Development Corp

901 W. 10th Avenue, Suite 2A

Denver, CO 80204

Tel: 303-534-8342

Fax: 303-534-7418
• Asian Educational Advisory Council

5491 S. Ireland Way

Centennial, CO 80015

Attn: Ms. Priscilla Shaw

Email: Tennisgalp@gmail.com
• Asian Roundtable of Colorado

P.O. Box 1102

Denver, Colorado 80201

Attn: Mr. Peter Lee

Email: peterl63@gmail.com
• Asian Pacific Development Center

APDC Business & Programs Office

1544 Elmira St., Aurora, CO 80010

Attn: Ms. Jinny Kim

Email: Jinnykim@apdc.org
• Organization of Chinese Americans-Colorado

P.O. Box 44236

Denver, CO 80201

Email: Oacolorado@gmail.com
• Vietnamese Senior Center

1822 S. Sheridan Blvd

Denver, CO 80232

Tel: 720-378 8818
• Vietnamese-American Cultural Alliance

986 S. Ventura Way

Aurora, CO 80017
• Vietnamese Elderly Association of Colorado

615 S. Federal Blvd., #103-105

Denver, CO 80219

Attn: Linh Hoai Duong

Email: Veacolorado@cs.com
• Vietnamese Veterans- USVAVA-CO

1693 S. Laredo St

Aurora, CO 80017

Attn: Mr. Sum Cong Nguyen

Tel: 303-548-2675

Email: scnl693@comcast.Net
• Vietnamese Community of Colorado

President: Mr. Lu Pham

449 S. Osceola St

Denver, CO 80219
• Colorado African Organization

Kit Taintor, Director

6795 E Tennessee, Suite 250

Denver, CO 80224-1609
• African Community Center

5250 Leetsdale Dr., Suite 200

Denver, CO 80246
• Spring Institute for Intercultural Learning

1610 Emerson St

Denver, CO 80218

Attn: Ms. Myrna Ann Adkins, C.E.O.
• Colorado Providers for Integration Network

6795 E. Tennessee Ave., Suite 250

Denver, CO 80224

Attn: Meg K. Allen, Community Integration Director

Email: Mega@caoden.org
• Lao-Hmong American Coalition

7051 Beacon Way

Westminster, CO 80030

Attn: Yang Chee

Email: Yang.chee@comcast.net
• MileHi Japanese American Citizens League

333 E. 16th Ave., #613

Denver, CO 80203

Attn: Suzy Shimasaki, President
• Filipino American Community of Colorado

1900 Harlan St

Edgewater, CO 80214

Email: Facc@filam-colo.org
• Cambodian Buddhist and Christian Society of Colorado

2950 S. Willow Street

Denver, CO 80204
• Colorado Cambodian Community

1555 Grove Street, Suite 101

Denver, CO 80204

English and Spanish

"Educa"

KXPK-FM 96.5

KJMN-FM 92.1

KMXA-AM 1090

Class Notice - Radio Announcement

This is a notice for Spanish-speaking parents and the parents of Spanish-speaking students in the Denver Public Schools. Recently the Congress of Hispanic Educators, the United States Department of Justice, and Denver Public Schools, reached an agreement to improve the educational program for Spanish-speaking students. The agreement has been presented to a Federal judge for his approval. Parents of Spanish-speaking students have a right to review the new agreement and may have an opportunity to tell the judge about any objections they may have. A hearing has been scheduled for January 25, 2013 at 10 a.m. You can read the proposed new agreement in Spanish and English and get more information at the Denver Public Schools office on 900 Grant Street or at your neighborhood school. This information will also be available on the website of the Denver Public School, www.dpskl2.org.


Summaries of

Cong. of Hispanic Educators v. Denver Sch. Dist. No. 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Nov 20, 2012
Civil Action No. 95-cv-02313-RPM (D. Colo. Nov. 20, 2012)
Case details for

Cong. of Hispanic Educators v. Denver Sch. Dist. No. 1

Case Details

Full title:CONGRESS OF HISPANIC EDUCATORS, Plaintiffs, v. DENVER SCHOOL DISTRICT NO…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 20, 2012

Citations

Civil Action No. 95-cv-02313-RPM (D. Colo. Nov. 20, 2012)