Opinion Approving Settlement - Public Interest Law Center of ...

Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 29 of 51Dr. Rhen’s testimony, the Bureau of Special Education iscommitted to implementing the terms and conditions of theSettlement Agreement, which “serves the best interests of theCommonwealth and our students.” (Id. at 22.) Dr. Rhen alsorepresented that PDE can afford the implementation costs for thefive-year life of the Settlement Agreement. (Id. at 23.)As to the life of the Settlement Agreement, Dr. Rhentestified that the five-year period gives PDE and the Bureauadequate time to “address the issues and the tasks that are infront of us in the settlement agreement. Some are more complexthan others. But, I think it gives us the time to be able toidentify and work with each and every issue.” (Id.) Under therecently enacted federal Individuals with Disabilities EducationImprovement Act of 2004, Dr. Rhen indicated that “LeastRestrictive Environment Monitoring” will be required, which isvery similar to monitoring that is mandated under the SettlementAgreement. (Id. at 24.) With changing laws, however, Dr. Rhenstated that it would be hard to predict what exactly would happenafter the life of the Settlement Agreement, but the “five yearsgives us the time to implement the settlement agreement and getsome sound information on which . . . to build future plans.”(Id. at 24-25.)Finally, Dr. Rhen testified about a series of town hallmeetings that the Bureau participated in throughout the29