Case 4:74-cv-00090-DCB Document 1421 Filed 01/09/13 Page 1 of 3

1 DECONCINI MCDONALD YETWIN & LACY, P.C. 2525 EAST BROADWAY BLVD., SUITE 200 2 TUCSON, AZ 85716-5300 (520) 322-5000 3 Richard M. Yetwin, Esq. (AZ #03196) 4 ryetwin@dmyl.com Heather K. Gaines, Esq. (AZ # 18447) 5 hgaines@dmyl.com 6 Sesaly O. Stamps, Esq. (AZ #25773) sstamps@dmyl.com 7 TUCSON UNIFIED SCHOOL DISTRICT 8 LEGAL DEPARTMENT 9 1010 E. TENTH STREET TUCSON, AZ 85719 10 (520) 225-6040 11 Nancy Hughes Woll, Esq. (AZ #16830) 12 Nancy.Woll@tusd1.org 13 Attorneys for Defendants UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 ROY and JOSIE FISHER, et al., No. 74-CV-90-TUC-DCB 16 (lead case) Plaintiffs, 17 UNITED STATES OF AMERICA, NOTICE OF WITHDRAWAL OF OBJECTIONS 18 Plaintiff-Intervenor, (Assigned to: Honorable David C. Bury) 19 vs. 20 ANITA LOHR, et al., 21 Defendants, 22 23 and 24 SIDNEY L. SUTTON, et al., 25 26 Defendants-Intervenors.

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MARIA MENDOZA, et al., Plaintiffs, UNITED STATES OF AMERICA, Plaintiff-Intervenor,

No. 74-CV-204-TUC-DCB (consolidated case)

5 vs. 6 TUCSON UNIFIED SCHOOL DISTRICT 7 NO. ONE, et al., 8 9

DECONCINI MCDONALD YETWIN & LACY, P.C.

Defendants. The Tucson Unified School District (the District), by and through counsel undersigned, hereby gives notice that it is withdrawing any and all objections to Section V(D)(6)(a)(ii) of the Joint USP Noting Areas of Party Disagreement. Specifically, the

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2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

11 12 13 District is withdrawing any objection to the inclusion in the USP of the requirement that the

14 District develop and implement culturally relevant courses of instruction designed to reflect 15 the history, experiences, and culture of African American and Mexican American 16 17 18 19 20 21 22 23 24 25 26 2 By: /s/ Heather K. Gaines Richard M. Yetwin Heather K. Gaines Sesaly O. Stamps Counsel for Defendant Tucson Unified School District 2013, confirming that all such objections should be withdrawn. DATED this 9th day of January, 2013. DeCONCINI McDONALD YETWIN & LACY, P.C. communities, and that such courses must be offered for core English and Social Studies credit. Attached as Exhibit A is the motion passed by the Governing Board on January 8,

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1 CERTIFICATE OF SERVICE 2 X 3 4 5 6 7 8 9
DECONCINI MCDONALD YETWIN & LACY, P.C.

I hereby certify that on January 9, 2013, I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Ruben Salter, Jr., Esq. 177 N. Church, Ste. 805 Tucson, Arizona 85701 William J. Maledon, Esq. 2929 N. Central Ave. P.O. Box 36379 Phoenix, Arizona 85067-6379 Anurima Bhargava, Esq. Zoe Savitsky, Esq. Civil Rights Division U.S. Department of Justice Washington, D.C. 20530 Lois D. Thompson Jennifer L. Roche Proskauer Rose LLP 2049 Century Park East, Suite 3200 Los Angeles, California 90067 Nancy Ramirez MALDEF 634 S. Spring Street, 11th Floor Los Angeles, California 90014 I hereby certify that on January 9, 2013, I electronically transmitted the attached document to the following, who is also a CM/ECF registrant: Dr. Willis Hawley 2138 Tawes Building University of Maryland College Park, Maryland 20742 wdh@umd.edu

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2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

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EXHIBIT A

DECONCINI MCDONALD YETWIN & LACY

A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2525 EAST BROADWAY BOULEVARD, SUITE 200 TUCSON, ARIZONA 85716-5300

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January 8, 2013 Agenda Item 9

During the course of the development of the Joint Proposed Unitary Status Plan, the TUSD Governing Board directed counsel to file objections to the inclusion of curriculum, in particular curriculum related to culturally relevant courses, and the requirement that the culturally relevant courses be considered core courses. It is the intent of the motion I make today to direct counsel to withdraw all objections to including curriculum in the court-ordered Unitary Status Plan, to withdraw all objections related to culturally relevant courses, and to withdraw all objections to designating the culturally relevant courses as core courses. Designating a course as a core course means that passing the course will satisfy requirements for graduation. It does not mean that all students must take the course; culturally relevant courses will remain optional.

I move that the Governing Board withdraw all objections related to Section V. D(6)(a)(ii) of the Joint Proposed Unitary Status Plan Noting Areas of Party Disagreement submitted to the Court on December 10, 2012, and set forth in the Legal Memorandum of Objections Filed on November 9, 2012.

Moved: Adelita Grijalva Seconded: Cam Jurez Approved 3-2. Mike Hicks and Mark Stegeman voted no.

Special\2013\01-08-13-Motion re USP