SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
FRANCIS W. PARKER SCHOOL
DJ # 202-23-358

1. BACKGROUND
   1. The Parties to this Settlement Agreement are the United States of America and Francis W. Parker School.
   2. This matter was initiated by a student and his parents (“Complainants”), who filed a complaint with the United States Department of Justice (“Department”), alleging that Francis W. Parker School in Chicago, Illinois (“Francis Parker”) discriminated against the student on the basis of his disability in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 and the Department of Justice’s implementing regulation, 28 C.F.R. Part 36.  Specifically, Complainants allege that Francis Parker violated the ADA when it constructively expelled the student in October 2017 on the basis of behavior associated with the student’s disability.  Complainants further allege that Francis Parker personnel failed to make reasonable modifications to its discipline policy and that doing so would not have been a fundamental alteration to the nature of its goods and services. Francis Parker disputes these allegations.
   3. The Parties have agreed to resolve this dispute.  In addition, the United States believes that it is in the public interest to resolve this dispute.  The Parties therefore have voluntarily entered into this Settlement, agreeing as follows:
2. TITLE III COVERAGE DETERMINATIONS
4. The Attorney General is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing Title III, 28 C.F.R. Part 36.
5. The Complainant student was previously enrolled at Francis Parker.  The student is an individual with a disability under the ADA because he has attention deficit hyperactivity disorder that substantially limits one or more major life activities.  Accordingly, he has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.105.
6. Francis Parker is an Illinois not-for-profit organization doing business as Francis W. Parker School and is located at 330 W. Webster Avenue in Chicago, Illinois 60614.  Francis Parker is a private school serving students from junior kindergarten through twelfth grade.
7. Francis Parker is a public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, the business affects commerce and its facility is a place of public accommodation because it is an elementary and secondary private school or other place of education.  28 C.F.R. § 36.104(10) (definition of place of public accommodation). Francis Parker is the private entity that owns, leases, or operates the place of public accommodation and is thus subject to Title III of the ADA.  28 C.F.R. § 36.201(a).
8. Under Title III of the ADA, no person who owns, leases, or operates a place of public accommodation shall discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
9. Ensuring that private schools do not discriminate on the basis of disability is an issue of general public importance.  The United States is authorized to investigate alleged violations of Title III of the ADA.  Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes.  If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance.  42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506.
10. As a result of its investigation, the United States has determined the following:
    1. On October 19, 2017, Complainant student and another student sent inappropriate messages to each other on school issued devices that referred to certain Francis Parker teachers with derogatory terms based on race, national origin or sex (“the messages”).
    2. Upon discovering the messages, Francis Parker suspended Complainant student and advised his parents that their son may be expelled.  In response, the Complainant student apologized for the misconduct, and the Complainant parents explained their belief that the behavior that resulted in the messages was a result of Complainant student’s disability and invited Francis Parker to speak with Complainant student’s medical professional who would support their belief.  As a result, the Complainants requested that Francis Parker reasonably modify its disciplinary policies for the Complainant student by imposing discipline that did not include expulsion.
    3. Francis Parker did not engage in an individualized assessment of the request, and instead constructively expelled the Complainant student on October 27, 2017.  Francis Parker could have disciplined Complainant student without constructively expelling him, as requested, without fundamentally altering the nature of the school’s services, programs, or activities.   
11. The United States has determined that Francis Parker discriminated against the Complainant student by refusing to reasonably modify its discipline policies and by failing to demonstrate that doing so would result in a fundamental alteration to the nature of its goods and services in violation of 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a).
12. The Complainants are aggrieved persons pursuant to 42 U.S.C. § 12188(b)(2)(B).
13. Francis Parker disputes the determinations in paragraphs 10 through 12 of this Agreement. 
3. ACTIONS TO BE TAKEN BY FRANCIS PARKER
14.  General Obligations.  Francis Parker agrees to comply with the requirements of the ADA and its implementing regulation at 28 C.F.R. Part 36. The ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.
15. Specifically, Francis Parker agrees that it will:
1. Not deny an individual or class of individuals on the basis of disability the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of the school, pursuant to 42 U.S.C. § 12182(b)(1)(A)(i) and 28 C.F.R. § 36.202(a);
2. Make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, pursuant to 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a);
3. Take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals based on the individual’s disability because of the absence of auxiliary aids and services, except when it can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense pursuant to 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303(a); and
4. Not use eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, pursuant to 42 U.S.C. § 12182(b)(2)(A)(i), and  28 C.F.R. § 36.301(a).
16. Establishment of Disability Nondiscrimination Policy . Within thirty (30) days of the execution of this Agreement, Francis Parker shall adopt a Disability Nondiscrimination Policy that will expressly provide that:
1. Francis Parker does not discriminate against any individual on the basis of disability, including applicants, students or members of their families.
2. Applicants and students with disabilities and members of their families have an equal opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, and accommodations provided by Francis Parker.
3. Francis Parker shall not deny admission to or disenroll a child on the basis of the child’s disability, or because Francis Parker regards the child as having a disability.
4. Francis Parker will make reasonable modifications to its policies, practices and procedures when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities.
1. Francis Parker will establish a reasonable modifications process and notify applicants, students, and families of such process.  Requests for reasonable modifications may be directed in writing to Francis Parker’s Principal, Associate Principal, the Head of School for the relevant grade or the Learning Resources Coordinator for the relevant grade and will be timely referred (within three business days of the receipt of the request) to the appropriate members of Francis Parker’s administration;
2. Francis Parker will make individualized assessments of the requests for modifications on the basis of disability.  With respect to modification requests about enrollment or continued enrollment, this assessment will include consultation with or consideration  of information provided by the following individuals: the child’s parents or guardians, current teacher(s), anticipated teacher(s), and any persons providing support, therapy or other services to the child, to assist Francis Parker to determine whether reasonable modifications to Francis Parker’s policies, practices and procedures could allow the child to attend Francis Parker;
3. Francis Parker will not make decisions about admission, continued enrollment or reenrollment, or about needs for reasonable modifications, based on assumptions, myths or stereotypes about people with disabilities; and
4. If Francis Parker makes a negative decision regarding enrollment or continued enrollment at Francis Parker, regarding a child with a disability or perceived to have a disability, where the disability is a potential ground for the decision, Francis Parker will notify the prospective student’s family and explain the basis for the decision.
17. Publication/Dissemination of Disability Nondiscrimination Policy. The Disability Nondiscrimination Policy established pursuant to the immediately preceding paragraph shall be published/disseminated as follows:
1. By July 31, 2020, the Disability Nondiscrimination Policy shall be included in all Francis Parker handbooks (in both hard copy and online versions), including handbooks for students and families, handbooks for employees, and any other handbooks used by employees or distributed to families with children enrolled in any Francis Parker program. 
2. Within sixty (60) business days of the entry of this Agreement, the full text of the Disability Nondiscrimination Policy shall be accessible through a link on the Diversity, Equity, and Inclusion page on the School’s website; and
3. The posting/publication of the Disability Nondiscrimination Policy required under this paragraph shall, in all instances, occur using a comparable font and font size as other similar materials posted on the website and published in the handbook(s).
18. ADA Training.  Francis Parker will develop a training program (“ADA Training”) that shall be provided to the individuals identified in this paragraph during annual in-service training immediately prior to the 2020-2021 school year, or immediately prior to whenever school reconvenes following COVID-19 school closures if later than the currently scheduled start of the 2020-2021 school year, and annually thereafter for the term of this Agreement.  Francis Parker shall provide ADA Training to (1) all individuals who, on behalf of Francis Parker, provide any instruction or care to any Francis Parker student; (2) all Francis Parker School administrators, and all persons involved in providing office/professional support to Francis Parker on Francis Parker School property; (3) all individuals who, on behalf of Francis Parker School, are involved in decision-making for reasonable modification requests or admissions for students with disabilities or prospective students with disabilities; and 4) the Francis Parker School Board of Trustees, as follows:
1. The ADA Training shall address:
1. the requirements of Title III of the ADA in the private school context;
2. Francis Parker’s nondiscrimination obligations under the ADA, including specifically the “General Obligations” outlined at Paragraph 15 of this Agreement; and
3. the fact that requests for disability-related reasonable modifications to Francis Parker School policies, practices and procedures may be directed to the individuals identified in the Disability Nondiscrimination Policy and the obligation timely to refer any such requests (within three business days of the receipt of the request) to the appropriate members of Francis Parker’s administration so that they will be acted on promptly to ensure that no individual with a disability is denied the goods, services, facilities, privileges, advantages, or accommodations to which he or she is entitled under the ADA.
2. The ADA Training shall be conducted by an individual with substantive knowledge of the ADA and who is not an employee of Francis Parker.  The ADA Training shall be conducted live (which includes livestreaming), with a question and answer session (where persons being trained may pose questions to the individual conducting the training and receive answers to those questions) during and/or at the conclusion of the ADA Training. 
3. For persons who must receive ADA Training pursuant to this Agreement, but who did not receive training on a designated training date required under this  Agreement (for instance, because they were on leave from Francis Parker or because they began their affiliation with Francis Parker subsequent to the training date), Francis Parker shall provide the ADA Training to such persons within sixty (60) days after the individual’s commencement of service to Francis Parker in a position covered by the ADA Training or within sixty (60) days of their return to Francis Parker (for instance, from leave).  Francis Parker may use a taped version of the live training described in this paragraph to train those who were unavailable for the live training.
4. Francis Parker shall send via electronic mail to the Department (to the attention of patrick.johnson2@usdoj.gov with a copy to megan.donohue@usdoj.gov) the proposed curriculum for the training, as well as the name(s), qualifications (including resume(s)), and contact information of the individual(s) who will conduct the training), no later sixty (60) calendar days after the entry of this  Agreement.  Francis Parker shall adopt any requested changes to the curriculum communicated to it by the Department necessary to ensure that the trainees receive accurate education on the relevant aspects of the ADA.  If Francis Parker believes the requested change is not correct, it will notify the Department within seven (7) days and the Parties will confer and resolve the issue in good faith as soon as practicable; and
5. For each session of the ADA Training conducted under this Agreement (including for each instance of the ADA Training conducted on a non-designated training date pursuant to subsection “c” of this paragraph), Francis Parker shall maintain attendance logs reflecting the names and titles of attendees.
19. Reporting.
1. Initial Regular Report:  One hundred-twenty (120) calendar days following the entry of this Agreement, Francis Parker shall submit a report to the Department confirming its fulfillment of the requirements in Paragraph 16 (“Establishment of Disability Nondiscrimination Policy”) and Paragraph 17 (“Publication/ Dissemination of Disability Nondiscrimination Policy”), and its fulfillment to that date of the requirements of Paragraph 18 (“ADA Training”).  Francis Parker shall provide the Department with the attendance logs maintained pursuant to the ADA Training that it will have conducted pursuant to this Agreement by the time of the Initial Regular Report.
2. Subsequent Regular Reports:  For the Term of this Agreement, every year on the anniversary of the due date of the First Regular Report, Francis Parker shall submit a Subsequent Regular Report to the Department regarding its compliance with the reporting obligations set forth in Section 19(a) of this Agreement. The Report shall include, for the period subsequent to its immediately prior report to the Department, the following:
1. All dates of Francis Parker’s ADA Training conducted pursuant to this Agreement;
2. All attendance logs associated with the ADA Training conducted pursuant to this Agreement; and
3. Its continued fulfillment of the publication/dissemination obligations of Paragraph 17 (“Publication/Dissemination of Disability Nondiscrimination Policy”).
3. Immediate Reports:  During the Term of this Agreement, Francis Parker shall notify the United States within fifteen (15) business days of Francis Parker’s:
1. Decision to expel a student (or give a student the option of withdrawing to avoid expulsion) identified or regarded by Francis Parker as having a disability.  Documents relating to the decision to discipline the student (including, but not limited to, incident reports and internal and external email correspondence) shall be maintained by Francis Parker and produced within ten (10) business days of a request by the United States.
2. For each student referred to in the preceding paragraph, the decision not to make a modification in Francis Parker School policies, practices, or procedures, when requested by or on behalf of a student identified or regarded by Francis Parker as having a disability.  Such notification shall include all documents (including, but not limited to, internal and external email correspondence) relating to the decision not to make the modification in question.
3. Knowledge of any lawsuit, written complaint, charge, or other specific allegation made to or known by Francis Parker’s Principal, Assistant Principal, Heads of School, or Learning Resource Coordinators that Francis Parker has engaged in disability-based discrimination and/or violated the ADA regarding a disciplinary matter.  Such notice will include, at a minimum, a description of the nature of the allegation, the name(s) of the individual(s) bringing the allegation, and all documentation possessed by Francis Parker relevant to the allegation.
4. To the extent the United States seeks additional information regarding Francis Parker’s decision to expel a student with a disability (or give a student the option of withdrawing to avoid expulsion) including students regarded by Francis Parker as having a disability, Francis Parker shall respond promptly to any such requests from the United States for additional information.    
5. Reports and any other information required pursuant to this Agreement shall be delivered to the undersigned counsel via electronic mail at: patrick.johnson2@usdoj.gov with a copy to megan.donohue@usdoj.gov.
6. Agreement with Complainants.  Francis Parker has entered into a separate settlement agreement with Complainants, to which the United States is not a party.  Francis Parker will comply with all terms and conditions of that separate settlement agreement.
4. OTHER PROVISIONS
20. In consideration for the Agreement set forth above, the United States will close its investigation of Francis Parker School (DJ # 202-23-358) and will not institute a civil action based on the Claimants’ allegations or the determinations set forth in paragraphs 10 through 12.  This Agreement terminates all claims or potential claims based on the Claimants’ allegations or the determinations set forth in paragraphs 10 through 12.  However, the United States may review Francis Parker’s compliance with this Agreement or Francis Parker’s decision to expel a student or give a student the option of withdrawing to avoid an expulsion at any time during the term of this Agreement.  If the United States determines Francis Parker has violated Title III of the ADA with respect to disciplinary decisions regarding individuals other than the Complainants, or this Agreement, or any portion of it, it may commence a civil action in the appropriate U.S. District Court to enforce this Agreement and/or Title III of the ADA.  Prior to filing a civil action, the United States will provide Francis Parker with written notice of and a reasonable opportunity to address the alleged violation. 
21. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce any provisions of this Agreement.
22. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the United States and Francis Parker shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the Parties as closely as possible to the initially agreed upon relative rights and obligations.
23. This Agreement is binding on Francis Parker, including all principals, owners, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.
24. This Agreement constitutes the entire agreement between the United States and Francis Parker on the matters raised herein, and no prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including any attachments, is enforceable. This Agreement can only be modified by mutual written agreement of the Parties.
25. This Agreement does not constitute a finding by the United States that Francis Parker is in full compliance with the ADA.  This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement.  Nothing in this Agreement relieves Francis Parker of its obligation to fully comply with the requirements of the ADA.
26. Francis Parker shall not discriminate or retaliate against any person because of his or her participation in this matter.
5. EFFECTIVE DATE/TERMINATION DATE
27. The effective date of this Agreement is the date of the last signature below.
28. The duration of this Agreement will be two years from the effective date.

FRANCIS W. PARKER SCHOOL

/s/
DANIEL B. FRANK, Ph.D.
Principal
Francis W. Parker School
330 W. Webster Ave.
Chicago, Illinois 60614

Dated: 5/14/20

THE UNITED STATES OF AMERICA

JOHN R. LAUSCH, Jr
United States Attorney

By: /s/
PATRICK W. JOHNSON
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 353-5327
patrick.johnson2@usdoj.gov

Date: 5/14/20