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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) 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. _______________________________________ ) Roy and Josie Fisher, et al.,

CV 74-90 TUC DCB (lead case)

ORDER

CV 74-204 TUC DCB (consolidated case)

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Pursuant to the Parties stipulation and by agreement of the Special Master, the Parties seek an amendment to the scheduling order issued setting the deadline for submittal, review, and adoption by this Court of the Unitary Status Plan. The Parties seek an opportunity to collaboratively resolve through an informal process any objections to the initial USP proposed by the Special Master prior to presenting it to the Court for review, amendment, and adoption. Currently, the schedule calls for a formal review process with all objections to be fully briefed and ready for disposition by the Court as of: October 12, 2012. The Parties proposed changes will result in full briefing being completed by October 22, 2012. The Parties believe this revised schedule will provide nine additional weeks to develop the plan before it is presented to the Court and holds the promise of greater consensus among the Parties, greater specificity where desired, greater coherence, and a more solid legal basis for the USP. Based on the explanation for these changes contained in the memorandum submitted to the Court by the Special Master on behalf of the Parties, the Court finds good cause to amend the scheduling order issued on June 15, 2012. Accordingly, IT IS ORDERED that the memorandum from the Special Master, dated July 12, 2012, shall be filed by the Clerk of the Court into the record. IT IS FURTHER ORDERED that rather than filing the draft initial USP with the Court on July 13, 2012, the Special Master shall release the draft initial USP to the parties on July 13, 2012. IT IS FURTHER ORDERED that subsequent to being provided with the draft initial USP, the parties shall work collaboratively to come to agreement about elements of the plan to resolve issues informally, prior to submitting any unresolved issues for formal resolution by the Court.

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IT IS FURTHER ORDERED that during this time allowed for informal resolution of issues the following measures shall be taken: 1) the Parties shall respond to the draft initial USP by listing in detail the reasons for any objections and their proposed changes; 2) the Parties may request additional data from the District through the Special Master and consult with the Special Master, any such acquired information will be shard with the other Parties; 3) the Special Master shall respond to the Parties by identifying the issues upon which there is agreement and suggest relevant language for the plan and identify those issues upon which there is disagreement listing the difference in positions; 4) subsequently, the Parties shall meet in Tucson for two full days to seek consensus and clarification of issues, and 5) the Special Master shall provide the Parties with a finalized version of the initial USP by: September 10, 2012. IT IS FURTHER ORDERED that all documents, drafts, communications, and negotiations contemplated herein related to the development of the initial filing of the USP to be submitted to the Court shall be privileged and confidential and shall not be shared outside the Parties. All Parties obligations of confidentiality under Federal law shall apply. This provision shall not keep the Plaintiffs from communicating with their representatives or with experts employed by the Parties or the Special Master; such communication would be privileged. This provision applies to specific provisions of the UPS and shall not impede interactions with persons who can provide information about the activities of the District. This confidentiality provision expires on September 21, 2012. IT IS FURTHER ORDERED that the initial USP shall be filed with the Court on September 21, 2012, and the Parties shall simultaneously file any objections not resolved during the informal resolution time-period provided for herein. IT IS FURTHER ORDERED the State, by amici, may file any objection to any Mexican American Studies courses included in the plan by October 5, 2012.

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IT IS FURTHER ORDERED that simultaneously with the filing of the initial USP with this Court, on September 21, 2012, the plan shall be made available for public review and comment at each school and on-line, with public hearings to be between October 10 through 12, 2012. The public comment period shall close October 12, 2012, and the Special Master shall make all public comments available for review by the Parties and the State, upon request. IT IS FURTHER ORDERED that by October 22, 2012, the Parties, the State, and the Special Master shall file any Responses to any objections, including objections presented at the public hearings and/or by written comments sent to the special Master by the public during the public comment period. IT IS FURTHER ORDERED that there shall be no Replies. IT IS FURTHER ORDERED that there SHALL BE NO FURTHER EXTENSIONS OF TIME. Following expiration of the Response-time, the matter will be taken under advisement, and the Court will rule without oral argument to adopt a Unitary Status Plan (USP) to be implemented in the TUSD. The Court reserves its discretion to set oral argument sua sponte in the event oral argument would be of assistance to the Court. IT IS FURTHER ORDERED that nothing in this Order shall be interpreted to cause any delay by the District in the implementation of provisions which all Parties agree will be components of or required for the implementation of any USP and work by the District should continue to move forward in such regard. DATED this 13th day of July, 2012.