including monitoring and assisting local school districts, andproviding the plaintiffs and the Court with information necessaryto enforce the Agreement. In addition, the Agreement providedfor the creation of an Expert Advisory Panel ("EAP") to advisethe parties and the Court regarding issues relating toimplementation. In entering into the Agreement, the State submitted to theCourt’s jurisdiction for a period of approximately eight years.
The parties agreed that the Court could act sua sponte to enforceany provision of the Agreement during the first five years. TheAgreement also provided, however, that the Court would be able totake enforcement action in the final three years only in theevent of a showing by the plaintiffs of the defendants'substantial noncompliance. The first five years passed without the Court exercising enforcement authority. On April 16, 2008, approximately one
year after the conclusion of the initial five-year period, theplaintiffs filed a motion alleging substantial noncompliance. The motion was denied without prejudice based on indications that The parties agree that the eight-year period ended on August
12, 2010. The plaintiffs brought a number of motions alleging
interference with their right to obtain data but those issueswere resolved by agreement. 3
Case 2:91-cv-00180-RNC Document 706 Filed 08/06/12 Page 3 of 62