U.S. District Judge Richard A. Schell of Plano has denied Texas' relief request. Texas sought to modify its Frew v. Hawkins Corrective Action (CAO), which was approved in 2007, saying the objectives of the court Decree had been met and, as a result, requested relief from a dental corrective action plan and a second dental assessment.
In his ruling, Schell said a planned second study must go forward to see if the improvements have been lasting. He noted that demonstrating such progress "over time" is a requirement of a 2007 Decree.
Schell ordered the state to present a dental corrective action plan to the Plantiffs in the case within 120 days and for the parties involved to agree on all aspects of the second dental assessment before it is conducted which should include the specifics of its implementation.
