Press Release

SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA AND
GATES CHILI CENTRAL SCHOOL DISTRICT
UNDER TITLE II OF THE AMERICANS
WITH DISABILITIES ACT

1. This Settlement Agreement (“the Agreement”) by and between the United States of America (“the United States”) and the Gates Chili Central School District (“the District”) (collectively, “the Parties”), resolves litigation currently pending between the Parties in the United States District Court for the Western District of New York, styled The United States of America v. Gates-Chili Central School District, Civil Action No. 15-cv-6583-CJS (“the Action”).
2. The United States alleges that the District violated Title II of the Americans with Disabilities Act (“ADA”) and its implementing regulation by refusing to permit D.P., a student with a disability, to use her service animal (“Service Dog”) unless accompanied by a separate, adult handler provided by D.P.’s mother (“Parent”).  42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(b)(7), 35.136(a).
3. The District denies the United States’ allegations and does not admit, concede, or otherwise acknowledge that it has violated the ADA. 
4. Factual issues remain in dispute, and the Court has made no final determination in the Action.  This Agreement does not amount to any admission of wrongdoing by the District.
5. The Parties agree that it is in their best interest, and the United States believes that it is in the public interest, to resolve this matter without further litigation.  Accordingly, the Parties have agreed to resolve this matter as set forth below.

ACTIONS TO BE TAKEN

6. Nondiscrimination. The District agrees that it will not discriminate against a qualified individual with a disability who uses a service animal.  The District agrees that it will comply with the service animal regulation, 28 C.F.R. § 35.136.
7. Service Dog Policies, Practices, and Procedures.  The District shall ensure that its policies, practices, and procedures permit the use of a service dog by an individual with a disability in accordance with the terms of 28 C.F.R. § 35.136 and the following:
1. Service Animal Under Handler’s Control.  A service dog shall be under the control of its handler.  A service dog shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the dog’s safe, effective performance of work or tasks, in which case the service dog must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).  28 C.F.R. § 35.136(d).  The District shall not untether a service dog from a student with a disability without the consent of the student’s parent or legal guardian (or, if the student is an adult, consent of the student), except under exigent circumstances.
2. Care or Supervision.  As a public entity, the District shall not be responsible for the care or supervision of a service dog.  28 C.F.R. § 35.136(e).  Care or supervision of a service dog includes such things as toileting, feeding, grooming, and veterinary care.
3. Handler.  The handler of a service dog is typically the individual with a disability.  As long as the conditions of 28 C.F.R. § 35.136(d)&(e) are met, the School District shall permit a student with a disability to serve as the handler of their own service dog in school and shall not require the student (or their guardian) to provide a third-party handler for the service dog.
4. Modifications to Policies, Practices, and Procedures.  Generally, the District shall modify its policies, practices, and procedures to permit the use of a service animal by an individual with a disability in accordance with Title II of the ADA and its implementing regulation.  See 28 C.F.R. § 35.136(a).  For example, if needed, the District generally shall help a student with tethering or untethering a service dog, assist a student with getting water for a service dog or pouring water into a bowl, prompt a student to occasionally issue commands to a service dog, and escort a student throughout the school or campus as the student uses their service dog.  
8. ADA Service Animal Policy.  The United States has reviewed the District’s Service Animal Policy (Policy No. 3211, last revised August 2020) (hereinafter, “the Policy”), which is publicly available on the District’s website.  The United States agrees that the District’s Policy complies with paragraph 7 of this Agreement.  The District agrees to maintain and implement its current Policy as written for the duration of this Agreement. 
1. The District has distributed its Policy in a District-wide email to all District staff and administrators, including all staff who work with students with disabilities regardless of classroom placement.
2. Pursuant to the District’s standard practice, the District will review its Policy with all District staff and administrators during its usual meeting(s) held prior to or at the start of the 2020-2021 academic year, or, if those meetings are not held in-person due to the COVID-19 pandemic, during whatever virtual or remote meetings and phone calls are conducted by the District instead.
9. Reporting.  Twelve (12) months from the effective date of this Agreement, the District shall have thirty (30) calendar days to notify counsel for the United States by email: (i) whether the District has received any requests for a student to attend school with their service dog, and (ii) for each such request, whether the District followed its Policy in responding to the request, including whether the District denied access to or required a third-party handler for a service dog and, if so, the District’s justification for doing so.
10. Payment.  Within fourteen (14) calendar days of the effective date of this Agreement, the United States will send the Parent notice of the District’s offer to pay the Parent $42,000, a copy of the District’s Release of Claims Form (in the form agreed to by the Parties) required for receipt of payment, and a copy of this signed Agreement.  The Parties acknowledge that this offer of payment is made solely for purposes of settlement and does not constitute and should not be construed as an admission of wrongdoing.
1. In order to accept the payment offered by the District, the Parent must execute the Release of Claims Form agreed to by the Parties and return the signed form to the United States by electronic mail within thirty (30) calendar days of receiving it.  Failure by the Parent to provide the executed Release in the form agreed to by the Parties to the United States within thirty (30) calendar days of receipt of the Release, or failure by the United States to provide the Parent’s executed Release to the District within fourteen (14) calendar days of receipt from the Parent, shall render the District’s requirement for payment to the Parent null and void.  The remaining provisions of this Agreement will remain in full force and effect, including the required dismissal of the Action. 
2. Within thirty (30) calendar days of receipt of the signed Release of Claims Form, the District, or its insurer, shall pay $42,000 to the Parent (in her legal name) by check(s) or other agreed upon means.  The District shall send the check number or other agreed upon proof of payment to the United States within thirty (30) calendar days of transmittal to the Parent.

IMPLEMENTATION

11. Dismissal.  Within thirty (30) calendar days of the District complying with paragraph 10 of this Agreement, the United States will file a Stipulation of Dismissal with Prejudice signed by all Parties voluntarily dismissing the underlying Civil Action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and will append an executed copy of this Agreement to the filed Stipulation.  The Parties agree and acknowledge that this consideration is adequate and sufficient.
12. Dispute Resolution.  If the United States believes that the District has failed to comply adequately or in a timely manner with any requirements of this Agreement or that any portion of it has been violated, the United States will notify the District in writing and will attempt to resolve its concerns with the School District in good faith.  If the Parties are unable to reach a satisfactory resolution of the issue(s) raised within thirty (30) calendar days of the date the United States provided notice to the School District, the United States may institute a civil action in the appropriate United States District Court to enforce this Agreement or the ADA.
13. Non-Waiver.  Failure by either Party to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce that or any other provision or deadline of this Agreement.
14. Entire Agreement.  This Agreement can only be modified or amended by mutual written agreement of the Parties.  This Agreement (including the agreed-upon Release of Claims Form) constitutes the entire agreement between the Parties relating to United States v. Gates Chili Central School District, No. 15-CV- 6583-CJS, and no other 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 Agreement (including its attachments) will be enforceable.  Aside from the violations alleged in this Action, this Agreement does not purport to remedy any other potential violations of the ADA or any other law, and does not affect the District’s continuing responsibility to fully comply with all aspects of the ADA.
15. Severability.  If any term of this Agreement is determined by a court to be unenforceable, the other terms of this Agreement will remain in full force and effect.
16. Litigation Holds.  The Parties agree that, as of the effective date of this Agreement, litigation is not reasonably foreseeable concerning the matters described in this Agreement and alleged in the United States’ Complaint in this Civil Action.  To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to the matters described in this Agreement and the United States’ Complaint, the party is no longer required to maintain such litigation hold.  Nothing in this paragraph relieves any party of any obligations imposed by this Agreement, including in paragraph 17 below, or by law.
17. Preservation of Documents.  The Parties agree that for the term of this Agreement, they each will preserve documents, electronically stored information, or things related to their performance under this Agreement.
18. Fees and Costs.  Each Party to this Agreement will bear its own costs and attorneys’ fees associated with this litigation and incurred in connection with this Agreement.
19. Counterparts.  This Agreement may be executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same Agreement, notwithstanding that each Party is not a signatory to the original or the same counterpart.
20. Publicly Available.  The District will provide a copy of this Agreement to any person upon request.  The Parties mutually agree that they may publicly disclose this Agreement and the agreed-upon Release of Claims Form, provided that any personally identifying information of D.P. and the Parent are redacted before disclosure and kept confidential.
21. Correspondence.  All records and other correspondence sent to the United States pursuant to this Agreement shall be sent by electronic mail to Paula.Rubin@usdoj.gov or by overnight courier service (such as FedEx or UPS) to: Paula Rubin, DJ No. 204-53-128, U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 150 M Street, N.E., 9th Floor, Washington, DC 20002.
22. Authority of Signatory for the United States.  The signatory for the United States represents that he or she is authorized to enter into and consent to the terms and conditions of this Agreement and to execute and legally bind the United States to this Agreement.
23. Authority of Signatory for the District.  The signatory for the District represents that he or she is authorized to enter into and consent to the terms and conditions of this Agreement and to execute and legally bind the District to this Agreement, including its current and future Board of Education and Superintendents for the term of this Agreement.
24. Term of Agreement.  This Agreement will remain in force and effect for twenty-three (23) months from the effective date.
25. Effective Date.  The effective date of this Agreement is the date of the last signature below.

FOR THE UNITED STATES OF AMERICA:

FOR GATES CHILI CENTRAL SCHOOL DISTRICT: