Opinion
CV 74-90 TUC DCB (Lead Case) CV 74-204 TUC DCB (Consolidated Case)
10-23-2019
Roy and Josie Fisher, et al., Plaintiffs, v. United States of America, Plaintiff-Intervenor, v. Anita Lohr, et al., Defendants, and Sidney L. Sutton, et al., Defendants-Intervenors, Maria Mendoza, et al., Plaintiffs, United States of America, Plaintiff-Intervenor, v. Tucson Unified School District No. One, et al., Defendants.
SPECIAL MASTER'S REPORT AND RECOMMENDATION RELATING TO "CROSSOVER" FUNDING
Overview
The activities that the District is implementing to respond to the provisions of the USP, by design, affect almost all of the District's students in most cases. Many activities build on programs that existed before the USP was adopted. These two realities require arguable decisions about whether the funding for the activities should come from 910 G funds or Management and Organization (M&O) funds or another source, such as Title One.
Thus far, the parties have managed to agree on the share of the costs of implementing the provisions of the USP. However, the rationale for these decisions has not been formalized which could present difficulties in future budgeting when the District has been granted unitary status. Thus, the Court ordered the District to develop a formula for determining the ratio of 910 G to other funds that could be applied for all budgeting decisions going forward that related to the USP. On October 18, 2019, the District filed its response to the Court's directions. However, using the District's proposal would alter funding arrangements now in place about which the parties have previously agreed thus setting up conditions for renegotiating prior agreements. Recommendation
The Special Master recommends that the Court direct the Special Master and the budget expert to identify a set of principles based on the agreements that have been worked out by the parties to the extent possible. These principles should be submitted to the parties within the next 30 days for review and comment so that they can be applied to the 2020-21 District budget as it relates to implementing the USP. In a preliminary exercise to determine the feasibility of developing such principles, the Special Master and the budget expert have identified some of these principles. For example:
When activities are initiated in a given school, only that portion of the activities that would not have been funded under formulas that apply to all schools of a given grade structure would be funded from 910 G. This principle applies to a number of provisions of the USP, including dual language and magnet schools.
Respectfully submitted,
/s/_________
Willis D. Hawley
Special Master Dated: October 23, 2019
CERTIFICATE OF SERVICE
I hereby certify that on October 23, 2019, I electronically submitted the foregoing via the CM/ECF Electronic Notification System and transmittal of a Notice of Electronic Filing provided to all parties that have filed a notice of appearance in the District Court Case.
/s/_________
Andrew H. Marks for
Dr. Willis D. Hawley,
Special Master