SCHOOL DISCIPLINE

Paragraph 38

 

 

The parties agree that it is important in a multi-cultural, multi-racial, multi-ethnic school population undergoing desegregation that discipline be, and be perceived to be, fair and consistent for students from all groups.

 

 

While the district has reduced the overall number of suspensions by over 20% since 1991-1992,[73] there has been no similar progress in reducing the great disparity in suspensions and expulsions on the basis of race and ethnicity.  Indeed, the percentage of African American students suspended in 1998-1999 actually increased.  51.8 percent of all the SFUSD students suspended in 1998-1999 were African American, even though African Americans make up only 16% of the district enrollment.

 

In Report #15, we analyzed this issue at great length, and noted the interrelationship between the expectations of educators and the suspension rates, particularly in the areas of suspension for such nebulous infractions as "defiance" and "willful disobedience."  We explained that extensive research on this topic has documented the disparate treatment of students in this context nationwide, and noted that too often the actions of African American male students are characterized as "defiance" and "willful disobedience" when similar behavior by students of other races and ethnicities is not viewed in the same light.

 

We also reported that the district continues to focus on this troubling form of disparate treatment in its staff development sessions, and we urge SFUSD educators to continue building on these efforts.  Reduction of suspensions across the board has not succeeded in reducing this ongoing disparity, and in fact has occasionally been viewed as tying the hands of school site administrators who have sometimes indicated to us that they feel limited in their ability to discipline students because of the district's emphasis on lowering suspension and expulsion rates.

 

We look forward to documenting the progress of district administrators as they seek to limit any real or perceived disparate treatment of students on the basis of race and ethnicity in this regard at local school sites.

 

******************

 

 

The following tables continue to highlight the nature of the ongoing challenge in this context.  African-American students represented 16.0% of the total student population in the district as of Spring 1999, yet they received 51.11% of the suspensions.  By contrast, Latino students, for example, represented 21.3% of the total student population and received 18.1% of the suspensions.  Chinese-American students represented 28.4% of the total student population and received 7.94% of the suspensions.

 

Racial/Ethnic Distribution of SFUSD Students Suspended in 1998-1999

 

 

Race/Ethnicity

 

Number

Percentage

African Americans

887

51.81

American Indians

9

.53

Chinese

136

7.94

Filipino

61

3.56

Indochinese

9

.53

Japanese

9

.53

Korean

4

.23

Other non white

80

4.67

Other white

179

10.46

Samoan

28

1.64

Spanish Surname

310

18.10

Total

1712

100.00

 

The following table breaks down relevant data for African American students by academic year.  It is important to note that African American males receive 35.86% of all suspensions, while African American females receive 15.95%.

 

SUSPENSIONS FOR AFRICAN AMERICAN STUDENTS 1993 - 1999

 

 

98-99

97-98

96-97

95-96

 

94-95

93-94

No. of AA suspensions

(% of total SFUSD susp.)

 

887

(51.81)

817

(51.09%)

911

(50.22%

984

(51.87%)

1140

(52.00%)

1115

(53.29%)

 

No. of AA male suspensions

(% of total SFUSD susp.)

 

614

(35.86)

583

(36.46%)

643

(35.44%

673

(35.47%)

819

(37.36%)

784

(37.47%)

 

No. of AA female suspensions

(% of total SFUSD susp.)

 

273

(15.95)

234

(14.63%)

268

(14.77

311

(16.39%)

321

(14.64%)

331

(15.82%)

No. of AA students in SFUSD

(% of total students in SFUSD)

 

9765

(16.0%)

9879

(16.19%)

10278

(16.8%)

10771

(17.4%)

 

11735

(18.30%)

 

11788

(18.40%)

 

 

The district has also reported that, at the elementary level, the disparity is even greater, with African American students receiving 65.11% of all the suspensions.

 

In addition, the district reports that there were 827 suspensions issued to students who resided in zip codes explicitly targeted under the Consent Decree:  94110, 94124, and 94134.  This is 48.30% of the total 1712 suspensions issued.  Thus, according to district figures, almost 1/2 of the total suspensions were of students who lived in these three zip codes.  Of the 887 African American students who received suspensions, 528 of them (59.52%) lived in one of these three areas.

 

Other relevant facts to be noted regarding suspensions include the following:

· The percentage of suspensions of elementary school students continues to increase.  This past year, 17.6% of all suspensions were at the elementary level, compared with 10.9% in 1992-1993.

 

· Middle school students continue to receive the highest percentage of suspensions district-wide.  This past year, 48% of all suspensions were at the middle school level.

 

· More students continue to be suspended for assaults than for any other infraction.

 

***********

 

District figures for expulsion continue to reflect the pattern set forth above.  Of the 66 expulsion cases presented to the Board of Education, 31 (47%) were expulsions of African American students.  This actually represents a 7% increase over the figures for African Americans in 1997-1998.

 

*************

 

Finally, we note again, as we did last year, that educational researchers have consistently found suspensions and expulsions correlate significantly with student achievement and drop-out rates.  They cause reduced academic expectations for students, serve to stigmatize students, and lead to an increased expectation of further disciplinary problems.[74]

 

ACADEMIC EXCELLENCE

Paragraphs 39-41

 

 

…the overall goal of this Consent Decree will require continued and accelerated efforts to achieve academic excellence throughout…SFUSD…

 

…SFUSD shall evaluate student academic progress for the purpose of determining the curricula and programs most responsible for improved test scores and learning…and the extent to which these curricula and programs are available to students of all racial/ethnic groups…

 

…SFUSD shall adopt any additional curricula and programs necessary to promote equal educational opportunity…

 

…SFUSD shall continue to assure the availability of academic courses on a basis that is not racially or ethnically discriminatory.

 

 

In addition to the desegregation requirement, the SFUSD Consent Decree contains a unique academic achievement component.  A detailed analysis of Paragraphs 39-41, related paragraphs in other portions of the Consent Decree, and language in the parties' Second Joint Report provides the parameters of a roadmap for compliance.  This roadmap includes the following interrelated requirements:  (1) substantial assessment and evaluation generally, (2) academic progress district-wide; (3) additional efforts on behalf of African American and Latino students; (4) a curriculum enhanced by access to computer technology; (5) language acquisition programs that meet the needs of language minority students; (6) a strong and focused staff development program for teachers and administrators; and (7) a reconstitution process to radically alter the structure of low performing schools.

 

A.     Assessment and Evaluation in General

 

In our first overview of SFUSD's assessment and evaluation practices (Report #14 - 1997), we wrote that the district has been recognized nationwide for its state-of-the-art procedures in this area, from the reporting of data generally to its valuable longitudinal studies.  We stated that "the latest advancements in technology are employed to turn out what might be the most comprehensive overview of student test score results in the country." 

 

The monitoring team continues to discern a positive trend from both district and statewide data with regard to the academic achievement of students in SFUSD.  However, having said that, we must emphasize that both the test scores available through the district and the test scores available from the State have provided us with limited and often incomplete information.  Apart from the inherent limitations of standardized test scores discussed in other sections of this report, we note the following:

 

· Students in Kindergarten and Grade 12 are not tested (either on the old CTBS or on the STAR test)

 

· Students in Grade 1 were tested by the district on the CTBS, but now under the state-mandated STAR test they are no longer tested. 

 

· A great percentage of the district's LEP students who speak little or no English are enrolled in Kindergarten and Grade 1.  Little or no systematic information regarding their progress is currently available. 

 

· The SABE, a Spanish language skills test now mandated at the state level, is taken by Spanish-speaking LEP students, but we have not been able to ascertain from currently available information exactly which students have taken the SABE, which students have not taken it, and how many of the students who have taken the SABE (if any) also take the STAR test.[75]

 

· Chinese-speaking LEP students in SFUSD are approximately equal in number to the Spanish-speaking LEP students, yet there is no test similar to the SABE for the Chinese-speaking LEP students.

 

· With regard to the state requirement that all students in Grades 2-11 take the STAR test, the district reports that 49,139 students are enrolled in Grades 2-11, and that it has exempted (a) 3,998 LEP students in the district less than 30 months, (b) 837 Special Ed students, and (c) an additional 309 students who qualified for a parent exemption.  Out of the remaining 43,995 students, 39,926 were tested.[76]

 

· Out of the 39,926 tested, 8,790 -- or 22% of the students tested -- were LEP students.[77]

 

· There are 19,292 LEP students in the district.[78]  Thus the 8,790 LEP students who took the STAR test comprise 45% of the LEP students in the district.  The remaining LEP students were either exempt (as noted above) or were in Grades K-1.[79]

 

· The total number of students who took the STAR test in 1999 (39,926) is actually less than the total number of students who took the CTBS test in 1998 (40,498).  Total district enrollment over the two-year period has remained virtually unchanged.[80]

 

· Matched scores, which are aggregated scores designed to compare students at the same schools who have taken the same test two years in a row, inevitably reduce the number of students represented.  For example, as we reported last year, while 40,498 actually took the CTBS in 1998, matched scores comparing progress over the two-year period reflected scores from only 31,204 of the students out of a total of 61,011 students enrolled.[81]

 

We must continue to emphasize that the district continues to be completely open and forthcoming with the monitoring team regarding this data.  There are no hidden results here.  A range of factors at both the procedural and substantive levels typically combine to limit the scope of any standardized testing program.

 

Certainly these numbers demonstrate the importance of not relying on one set of standardized test scores.  And we urge district stakeholders and members of the community in general to look at the scores along with the other objective and subjective factors that are presented in this report.  On the other hand, the STAR test results -- even though they do not reflect the performance of all the students in the district -- do indicate trends.  And these trends cannot be ignored.  Indeed, they are consistent with trends that we have observed during our systematic monitoring of the district over the past three years.

 

B. School District Accountability in General

 

As we reported in 1998, it may very well be that because of this Consent Decree SFUSD is more accountable to the people of California than any other district in the State.  In addition to the state-mandated STAR (Standardized Testing and Reporting Program), the district produces a range of school accountability reports.[82]  In fact, a visit to the SFUSD World Wide Web site continues to reveal that extensive information on school performance and student progress has been made available to the public on the Internet.   At http://orb.sfusd.k12.ca.us/schdata/schdata.htm, data has been posted for each school in the form of a School Accountability Report Card,[83] a School Profile,[84] a School Site Plan, a Pin Map showing the residential patterns for students attending the school, and Historical Information files.  We continue to find that both the amount of information and the quality of information available to the public regarding SFUSD compare favorably with the information provided by any district in the country.  In fact, very few districts nationwide share more information with their constituents than San Francisco does.
 

C. Academic Progress Generally

 

As the monitoring teams have done in the past, we focus in this section on the results of the most comprehensive standardized testing data available.  This year, with the district foregoing the administration of the CTBS, that data consists of the preliminary Stanford 9 scores under the state-mandated STAR test.[85]  In addition, as we did last year, we add an additional section focusing on other indicators of educational quality.  And we also include for the first time the results of the district's new portfolio assessment of all individual school sites.

 

1.      Overall Results District-Wide: Positive Trends Continue but Challenges Remain

 

For the seventh straight year, the district has shown overall improvement in its reading and math scores.[86]  The following is a summary, based on preliminary matched scores, of the recent district-wide performance on the state-mandated STAR test (based on national percentile rankings):

 

                                                                                                            1998                1999

SFUSD Stanford 9 Reading Scores (district-wide)                          48.4                 49.1

SFUSD Stanford 9 Math Scores (district-wide)                               55.0                 56.1

 

 

An examination of matched scores district-wide by race and ethnicity reveals a similar positive trend, as reflected in the following charts.  Reading scores have gone up for students of every race and ethnicity, with the exception of a very slight drop for the Korean students.  And math scores have gone up for students of every race and ethnicity, with the exception of a very slight drop for the Native American students.

 

District-Wide Stanford 9 Matched Reading Scores by Race/Ethnicity

 

Race/Ethnicity                                                1997-1998 Reading                1998-1999 Reading

 

SFUSD Average                                            48.4                                         49.1

African American                                              38.1                                         38.3

Chinese                                                            51.6                                         52.7

Filipino                                                             47.0                                         47.2

Japanese                                                          59.9                                         60.0

Korean                                                             58.9                                         58.6

Latino                                                               40.3                                         41.2

Native American                                               46.0                                         46.3

Other Non-White                                             48.5                                         48.5

Other White                                                     61.1                                         62.0

 

District-Wide Stanford 9 Matched Math Scores by Race/Ethnicity

 

Race/Ethnicity                                                1997-1998 Math                     1998-1999

Math

 

SFUSD Average                                            55.0                                         56.1

African American                                              38.0                                         38.8

Chinese                                                            66.0                                         67.3

Filipino                                                             51.1                                         52.0

Japanese                                                          69.6                                         70.8

Korean                                                             67.4                                         69.2

Latino                                                               42.6                                         43.8

Native American                                               48.7                                         48.3

Other Non-White                                             55.8                                         56.6

Other White                                                     62.3                                         63.2

 

Overall, then, we see the same pattern that we have been documenting over the past several years.  Even though a different standardized test is being referenced this year, the results are substantially similar.  District scores continue to improve for students of all races and ethnicities, but the disparities remain.  Since all students are improving across the board, African American and Latino students still score much lower -- on the average -- than students of most other races and ethnicities.  For example, in the district-wide reading charts, African Americans score close to the 40th percentile overall, and Latino students are at 41.2 NPR.  However, other groups continue to improve as well, and the following scores reflect a continued gap:  Chinese Americans are at 52.7 NPR, Korean Americans are at 58.6 NPR, Japanese Americans are at 60.0 NPR, and Other Whites are at 62.0 NPR.

 

In the district-wide math charts, African Americans continue to improve, and are up to 38.8 NPR.  Latino students continue to improve, and are up to 43.8 NPR.  However, other groups also continue to improve, and the following scores also reflect a continued gap:  Chinese Americans are up to 67.3 NPR, Other Whites are up to 63.2 NPR, Japanese Americans are up to 70.8 NPR, and Korean Americans are up to 69.2 NPR.

 

***************

 

We note, too, that for the second year in a row the decreases in district high school level scores have raised a number of red flags.  District-wide grade-by-grade matched scores in reading, for example, show improvement at each grade, with the exception of 9th graders (who dropped from 50.1 to 45.7 NPR) and 10th graders (who dropped from 47.9 to 45.7 NPR).  In math, the 10th grade scores dropped from 61.1 to 56.4.  And in the language arts section of the STAR test, the 10th grade scores dropped from 56.7 to 51.6.

 

It is clear that additional efforts are warranted here on a variety of fronts.  The monitoring team, for example, has seen some excellent educational programs in particular high school classrooms, but as a general rule we continue to find that SFUSD teachers at the elementary level consistently provide more learning activities that engage students actively in the learning process.  When we have seen classrooms that -- on occasion -- appear to have a large percentage of students who are not actively engaged, these classrooms tend to be composed of older students at the higher grades…and, typically, in the so-called "regular" or "general ed" classes.

 

2. School-by-School "Building" Scores

 

As we have done in the past, we reproduce the district-wide test scores "building-by-building."  These scores may be found in Appendix II.  They include 1998 and 1999 STAR Test (Stanford 9) scores released by the district in Late June by grade level for each school in SFUSD.

 

While the scores are not matched, we have included a comparison of the results of the students in each grade with the results of the students who were in that same grade last year.

 

At the K-5 elementary school level, an examination of district-wide STAR scores "building-by-building" revealed the following trends:

 

a.       The schools that showed the greatest gains[87] in reading and math for Grades 2-5 were:  Muir (Grade 2), Fairmount (Grade 3), McKinley (Grade 4), & Miraloma (Grade 5).

 

b.      Among schools that have either been targeted under the Consent Decree and/or have participated in the CSIP/Reconstitution process, the following schools showed the greatest gains in reading for Grades 2-5:  Muir (Grade 2), Fairmount (Grade 3), Chavez (Grade 4), & Alvarado (Grade 5).

 

c.       Among schools that have either been targeted under the Consent Decree or have participated in the CSIP/Reconstitution process, the following schools showed the greatest gains in math for Grades 2-5:  Muir (Grade 2), Malcolm X (Grade 3), Webster (Grade 4), & 21st Century (Grade 5).

 

We note the following trends among the Grade 6-8 middle schools:

 

a.       With regard to reading scores, the following schools showed the greatest gains: Aptos (Grades 6-7), Portrero Hill (Grade 8). 

 

b.      With regard to math scores, the following schools showed the greatest gains: Portrero Hill (Grade 6), Aptos (Grade 7), Denman (Grade 8).

 

c.       Among schools that have either been targeted under the Consent Decree and/or have participated in the CSIP/Reconstitution process the following showed the greatest gains:

Reading:     Aptos (Grades 6-7), Portrero Hill (Grade 8)

Math:         Aptos (Grades 6-7), Denman (Grade 8)

 

We note the following trends among the district's high schools:

 

a.       With regard to reading scores, the following schools showed the greatest gains: Center for Independent Study (Grade 9), SOTA (Grade 10), Downtown Alternative (Grade 11). 

 

b.      With regard to math scores, the following schools showed the greatest gains: John O’Connell (Grade 9), Downtown Alternative and Burton (Grade 10), Downtown Alternative (Grade 11).

 

c.       Among schools that have either been targeted under the Consent Decree and/or have participated in the CSIP/Reconstitution process the following showed the greatest gains:

 Reading:          Marshall (Grade 9), Burton (Grade 10), Balboa (Grade 11)

 Math:  Mission (Grade 9), McAteer and Marshall (Grade 10), Balboa (Grade 11)

 

D. Examining Other Indicators of Educational Quality

 

As we note above and in both Report #14 and Report #15, standardized test scores -- especially those focusing only on basic skills -- together comprise only one of many possible objective indicators of academic achievement and school quality. These objective indicators are often viewed as outcomes in and of themselves.

  

While an exact list of indicators would vary depending on the literature consulted, the following list -- developed by the Center for Research on Evaluation, Standards & Student Testing (CRESST) -- is a good starting point in this regard.  According to the CRESST study, we can identify the following qualities of successful schools that set them apart.  A good school has:

·        Strong and professional administrators and teachers.

·        A broad curriculum available to all students.

·        A philosophy that says all children can learn if taught, coupled with high expectations for all students.

·        A school climate that is conducive to learning.  A good school is safe, clean, caring, and well-organized.

·        An ongoing assessment system that supports good instruction.

·        A high level of parent and community involvement and support.[88]

 

Consistent with such an expanded approach for assessing academic achievement and performance, the monitoring team has assembled additional information throughout this report to supplement the standardized test scores presented above and in the Appendices.  On the negative side, we continue to find additional disproportionate outcomes in a number of key areas.  On the positive side, we have found numerous examples of top quality school sites throughout The City.

 

1.      Additional Analysis of Disproportionate Outcomes

 

We look again at comparative objective data for middle school and high school students -- by race/ethnicity -- in the areas of Attendance and GPA.  In these areas, we find additional evidence of disparities that are evidence of additional work that needs to be done on these important fronts.

 

a.      Attendance & Instructional Time at the Secondary Level

 

The district has compiled data showing what percentage of students attend 91-100% of their classes at the middle school and the high school levels.  As the following table shows, by the time students get to high school, only 49.1% of all Filipino students, 40.4% of all Native American students, 39.2% of all Latino students, and 30.3% of all African American students attend 91-100% of all their classes.  This is in marked contrast to -- for example -- the Other White students (57.1%), the Japanese Students (75.3%), and the Chinese students (77.3%).  Since research invariably shows a direct correlation between student attendance and academic achievement, this an area that all stakeholders must continue to focus on.  Closing this startling gap in attendance -- which begins at the middle school level and continues to deteriorate at the high school level -- is an appropriate and viable starting point, and we urge district officials to take the initiative in this context. 

 

Percentage of Middle School (MS) & High School (HS) Students

Attending 91-100% of Their Classes (Spring 1999)

Race/Ethnicity                                                            MS                                          HS

 

African American                                                          58.4                                         30.3

Chinese                                                                        97.3                                         77.3

Filipino                                                                         86.6                                         49.1

Japanese                                                                      97.4                                         75.3

Korean                                                                         94.3                                         67.3

Latino                                                                           68.6                                         39.2

Native American                                                           55.9                                         40.4

Other Non-White                                                         82.8                                         62.6

Other White                                                                 83.7                                         57.1

 

b. Grade Point Average

 

The following table shows the continuing disparities in district-wide grade point averages (GPA) for SFUSD middle school and high school students.  While Other White students, Japanese students, and Chinese students earn average GPA's of 2.50, 2.79, and 2.81 respectively, Native American, Latino, Native American, and African American students earn average GPA's of only 2.06, 1.98, and 1.84 respectively. 

 

GPA of High School Students in SFUSD - Spring 1999

Race/Ethnicity                                                            Student GPA

African American                                                          1.84

Chinese                                                                        2.81

Filipino                                                                         2.39

Japanese                                                                      2.79

Korean                                                                         2.63

Latino                                                                           1.98

Native American                                                           2.06

Other Non-White                                                         2.50

Other White                                                                 2.50

 

 

1.      Educational Quality at Local School Sites: SFUSD Portfolio Assessment & Other Relevant Data

 

 

Finally, to further supplement the above data, we reproduce tables in Appendix I showing the results of the district's school-by-school portfolio assessment.

 

We also report on information and data obtained during selected school site visits in the sections below addressing language acquisition issues (Part F) and CSIP/Reconstitution (Part G).  Additional information regarding the educational quality of these schools is reflected in these overviews and the accompanying comparison tables.

 

E. Access to Computer Technology

 

 

In Report #14, we focused at length on computer technology issues under the Consent Decree.  Computer technology has emerged as a central feature of a major Consent Decree document, since under the Special Plan for Bayview-Hunters Point the "…use of technology, including computer support of curriculum…" has been identified as one of seven major components that should be replicated throughout SFUSD.[89]   We found that the district was going through a period of significant transition in this regard, with some schools already in the position of serving as models of exemplary practice while other schools only beginning to upgrade outdated equipment and wire their buildings for Internet access.[90]

 

As promised, we have continued to monitor the progress of SFUSD's computer technology efforts under Consent Decree guidelines.  We have found that certain schools continue to move forward in a stellar fashion to integrate computer technology and the Internet into their daily activities, while other schools are still literally drifting.  Sometimes the level of progress is a function of poor wiring or outdated equipment, while at other times shiny new equipment sits unused as a result of inconsistent staff development at the individual school site level. 

 

Overall, it must be noted that compared to most of the large urban school districts nationwide, the computer technology program in SFUSD is still quite impressive.  San Francisco began integrating computer-related activities into its educational activities at a relatively early stage, brought new equipment and highly trained personnel into targeted Consent Decree schools, and bolstered its programs by establishing a variety of partnerships with the local high tech business community.  But two central issues raised by the monitoring team in 1997 remain unresolved:  (1) the role of the technology coordinator at the local school site, and (2) the direction that might be provided to individual schools by district officials downtown. 

 

At so many schools, it is the technology coordinator who makes all the difference in the world, providing both technical support and -- in many cases -- instructional support as well.  Yet there is no apparent pattern in either the requirements for staffing these positions nor in the day-to-day tasks expected of these overburdened educators.  In addition, not every school even has a technology coordinator.[91]  A formalized set of district guidelines for these positions and a plan to maintain existing equipment while freeing the coordinators to conduct intensive and ongoing staff development would appear to be an essential next step.  Such guidelines could conceivably be a part of a new district master plan.  The SFUSD computer technology master plan has still not been updated since 1993, and the high tech world has changed significantly since then.

 

In addition, the district must continue to remain sensitive to issues of equal access to technology.  Earlier this month, the U.S. Department of Commerce released its "Falling Through the Net'' survey, which showed dramatic gains in the number of Americans embracing technology. But it also cited money, education and whether a person lives in an urban area as key factors affecting their access to these high-tech tools.  The report documented the ongoing disparity in access to technology both on the basis of family income and on the basis of race.  It noted, for example, that -- nationwide -- computers are owned by 55 percent of all Asians, 47 percent of all Whites, 27 percent of all Blacks, and 25.5 percent of all Hispanics.  It urged schools, libraries, and community centers to continue increasing their access to the online world.[92]

 

This transition to the information age continues to be the cause of much anxiety at the school site level, but -- as we noted in 1997 -- San Francisco is not alone in this regard…since the nation as a whole is undergoing a similar transition.   But it must be noted that while SFUSD did an admirable job of installing modern equipment and setting up impressive programs in Phase One schools and other targeted Consent Decree schools, demographic shifts and student assignment plans have resulted in the increased enrollment of low income students and students of color at other schools that may still have meager equipment and a teaching staff with little or no expertise in this area.  Given the increasing importance of information technology in the 21st Century, these schools all need to be brought up to the next level. 

 

F. Addressing the Needs of Language Minority Students

 

As this Court has noted in its July 2, 1999 Order, while "this Consent Decree was never intended to address issues relating to the education of limited English proficient students...the Ninth Circuit...has suggested that language issues are relevant to the goals of the Consent Decree."[93]  Indeed, "Judge Fernandez stressed in his concurring opinion that 'it is very important to recognize that (bilingual) concerns are involved in this case..."