SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

BUSY BUMBLE BEE PALACE INFANT AND TODDLER CARE CENTER


A.    BACKGROUND AND PARTIES
  1. The parties to this Settlement Agreement ("Agreement") are the United States of America, Keisha Currington, owner of the Busy Bumble Bee Palace Infant and Toddler Care Center ("Center"), located at 22 E. 63rd Street, Chicago, EL 60637, and Scottsdale Insurance Company of Scottsdale, Arizona.
  2. This matter was initiated by a complaint filed with the United States Department of Justice by ********, on behalf of her son, against the Center. The complainant alleges that the Center failed to modify its policies, practices or procedures to permit an individual with a disability to be served by the Center. In particular, the complainant states that on March 25, 2005, she received notice that after March 31, 2005, the Center would no longer provide services to her son, *******. The complainant's son was two years old at the time of his enrollment and subsequent termination; he has serious developmental and speech delays.
  3. The United States is authorized to investigate alleged violations of title in of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181-12189, and to bring a civil action in federal court if the United States in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. 42 U.S.C. § 12188(b).
  4. The Center is a full service child care facility offering a program for children from the age of six (6) weeks to twenty-four (24) months. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C. §12181(7). Currington is a public accommodation subject to the requirements of Title in of the ADA because she is a person who owns and operates a place of public accommodation. 42 U.S.C. § 12182.
  5. The ADA prohibits a public accommodation from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services. 42 U.S.C. § 12182(a). Ensuring that public accommodations which provide child care programs and services do not discriminate on the basis of disability is an issue of general public importance.
  6. The Parties agree to resolve this matter as set forth below.
B.    TERMS OF AGREEMENT
  1. The Center will not discriminate against individuals on the basis of disability in the full and equal enjoyment of its services or facilities.
  2. Within ninety (90) days of the effective date of this Agreement, the Center agrees to adopt the nondiscrimination policy, attached as Appendix A, and to include that policy in the Center's employee and parent handbooks.
  3. Within ninety (90) days of the effective date of this Agreement, the Center agrees to provide appropriate training to its management and staff on the rights and obligations of child care providers with regard to individuals with disabilities, and to provide new employees hired during the term of this Agreement with comparable information and training. The United States shall approve the training to be provided.
  4. Within one hundred twenty (120) days of the effective date of this Agreement, the Center will submit a report to the United States concerning compliance with paragraphs 8 and 9 of this Agreement.
  5. Within thirty (30) days of the effective date of this Agreement, the United States will send to the Scottsdale Insurance Company, c/o Larry Zuiker, the release form signed by ************ , attached (unsigned) as Appendix B. Within thirty (30) days of receiving the signed release form, the Scottsdale Insurance Company shall send to the complainant by certified mail, return receipt requested, or by Federal Express, a check for $4,500.00 (four thousand five hundred dollars). Simultaneous to the mailing of the check, Scottsdale Insurance Company shall provide to the United States a copy of the check.
  6. Provided that the Center fully complies with all terms of this Agreement, the United States agrees to close the investigation of the underlying complaint, and to refrain from bringing a civil action against the Center regarding any alleged violation in that complaint, except as provided in paragraph 13 below.
C.    ENFORCEMENT AND IMPLEMENTATION
  1. The United States may review compliance with this Agreement at any time. If it believes that this Agreement or any requirement thereof has been violated, the United States Attorney's Office will so notify the Center in writing and it will attempt to resolve the issue or issues in good faith. If the Parties are unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date the United State's Attorney's Office provides notice to the Center, the United State's Attorney's Office may institute a civil action in federal district court directly to enforce title III of the ADA or to enforce the terms of this Agreement.
  2. Failure by the United States to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
  3. This Settlement Agreement is final and binding on the Parties, their agents and employees. In the event the Center seeks to transfer or assign all or part of its interest in the facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale the Center shall obtain the written accession of the successor . or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
  4. A copy of this document or any information contained in it will be made available to any person by the Center or the United States upon request.
  5. This Agreement constitutes the entire agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement shall be enforceable.
  6. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Center's continuing responsibility to comply with all aspects of the ADA.
  7. The effective date of this Agreement is the date of the last signature below.
  8. This Agreement shall be in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the Center has been achieved, if the latter takes longer than two years.
  9. The person signing this document for the Center represents that she is authorized to bind the Center to this Agreement.


For Busy Bumble Bee Infant and Toddler Care Center:

 For the United States of America:

KEISHA CURRINGTON
Owner


___________________________ 
Busy Bumble Bee Palace Infant
and Toddler Care Center
22 E. 63rd Street
Chicago, IL 60637.  
         

 PATRICK J. FITZGERALD
United States Attorney


By:___________________________ 
JOAN LASER
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 353-1857

Date:          9/21/06                          

 Date:                   9/22/06                          

For Scottsdale Insurance Company:

LARRY ZUIKER, Agent 
____________________________



Date:          9/27/06                          

 

 







APPENDIX A

NONDISCRIMINATION POLICY UNDER
THE AMERICANS WITH DISABILITIES ACT

     In accordance with the requirements of title in of the Americans with Disabilities Act of 1990, Busy Bumble Bee Palace Infant and Toddler Care Center will not discriminate against any individual on the basis of disability. Busy Bumble Bee Palace Infant and Toddler Care Center will not exclude any individual with a disability from the full and equal enjoyment of its services and facilities. Busy Bumble Bee Palace Infant and Toddler Care Center will not exclude any individual from the full and equal enjoyment of its services and facilities because of the individual's association with a person with a disability. Busy Bumble Bee Palace Infant and Toddler Care Center will make reasonable modifications in its policies, practices, or procedures when such modifications are necessary to afford its services and facilities to individuals with disabilities, unless the modifications would fundamentally alter the nature of its services.



 

March 23, 2007