D.J. Nos. 202-52-123 & 202-52-124



A. The parties to this Settlement Agreement ("Agreement") are the United States of America and Raynor Country Day School ("Raynor"), located in Speonk, New York.

B. The United States represents that this matter was initiated by two complaints filed with the United States Department of Justice (the "United States") against Raynor Country Day School, D.J. Nos. 202-52-123 and 202-52-124, alleging violations of title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12181-12189, and its implementing regulation, 28 C.F.R. Part 36.

C. The United States is authorized to investigate alleged violations of title III of the ADA, and to bring a civil action in federal court if the Department is unable to secure voluntary compliance 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).

D. Raynor Country Day School is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(H)-(L); 28 C.F.R. § 36.104.

E. The ADA prohibits public accommodations, including summer camps, 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 private schools do not discriminate against persons with diabetes is an issue of general public importance.

F. The United States represents that parents of children with diabetes alleged that Raynor denied the two children admission to the summer camp on the basis of disability. The United States also represents that Raynor denied the parents' repeated requests that Raynor permit the children to attend the camp and supervise the children in testing their blood glucose level and administering insulin to them using their insulin pump, in addition to other daily diabetes care practices.

G. Raynor denies each of the allegations in the preceding paragraph. Furthermore, Raynor asserts that at all times it acted consistently with the ADA. To demonstrate that Raynor is committed to full compliance with the ADA, Raynor has established and implemented polices and procedures, set forth below, that are designed to afford children with diabetes a benefit equal to that provided to others, and to make reasonable modifications in policies, practices, and procedures when necessary to provide appropriate supervision or assistance to children with diabetes in order to ensure safe participation in all school activities, including camp programs.

H. In consideration of the terms of this Settlement Agreement, and in particular the provisions in Sections II-III, the Attorney General of the United States agrees to refrain from undertaking further action in this case, except as provided in Section III(D).

I. The parties agree to resolve this matter as set forth below.


A. Raynor agrees not to discriminate against any child on the basis of the disability of diabetes; that is, Raynor agrees to provide all children with diabetes with an equal opportunity to attend Raynor Country Day School and to participate in all programs, services, or activities provided by Raynor to the extent of nondisabled applicants and/or children. Raynor will not refuse to admit any child at any of its sessions or programs because the child has diabetes or requires diabetes care unless Raynor concludes that the child poses a "direct threat" as defined by 28 C.F.R. § 36.208, and/or the child's participation would result in a "fundamental alteration" of the program, service or activity as defined by 28 C.F.R. § 36.302.

B. Raynor agrees to evaluate, on a case by case basis, and make reasonable accommodations to children with diabetes. Among accommodations include supervising and monitoring of children with diabetes while using blood glucose monitoring tests, insulin pumps, syringes, or other diabetes related medical equipment or consumption of food while participating in any program, service, or activity, whether on Raynor's premises or elsewhere while attending Raynor Country Day School.

C. Raynor will take necessary steps to ensure that a child's diabetes care is integrated into the usual routine at Raynor Country Day School and its programs to the greatest extent possible in accordance with the ADA.

D. Raynor has adopted the policy, entitled "Raynor Country Day School Policy on Diabetes Management" ("Policy"), which is attached hereto as Appendix A and is incorporated herein by reference. Raynor will print and maintain copies of the Policy in a central location, provide the policy to any interested party requesting it, and will incorporate the policy into its standard operating policies in accordance with applicable state and local law and the ADA.

E. Raynor will provide training as set forth in the Policy.

F. When informed that a child who has applied to Raynor Country Day School or its programs has diabetes, Raynor will:

1. Advise the child's parents, guardians, or caretakers of the Policy on Diabetes Management (attached hereto as Appendix A), and advise that Raynor will comply with all applicable federal, state, and local laws;

2. Unless circumstances permit otherwise, no less than two weeks prior to the first day of any session or program consistent with the Policy, require that the child's parents shall provide Raynor with the following (to the extent that Raynor would like any additional information or documentation, it shall provide the United States with advanced written notice of such request):

i. Completed Medical Management Plan, an example of which is attached as Appendix B, clearly detailing any and all necessary care for the child's medical management and signed by the child's primary care physician or endocrinologist;

ii. Completed Physical Exam Form, Appendix C attached hereto, and any other clear, type written health-related documents deemed relevant by the child's primary care physician or endocrinologist;

iii. Information regarding all equipment, food, and substances to be provided by the child's parents/guardians before the first day and not regularly provided by Raynor that are necessary to meet or comply with the child's Medical Management Plan, the Physical Exam Form, the Policy, and the health related documents mentioned in the preceding subparagraph (ii);

iv. Written permission to undertake steps indicated on the child's Medical Management Plan (provided by the child's parents or guardians) and to respond to any diabetes-related or other emergency in a manner consistent with those instructions and/or emergency protocols;

v. Executed general release and waiver of liability for care in a form required of all children as a prerequisite to attendance that is substantially similar to Appendix D, attached hereto. This document releases the releasees and their agents from liability stemming from any action relating to the care of the child, regardless of diabetes.

vi. Information regarding containers for proper disposal and maintenance of all materials including, but not limited to, keeping the child's blood glucose meter and insulin pump in good working order (including, but not limited to, cleaning and performing controlled testing per the manufacturer's instructions); and

vii. Reasonable availability of parents, guardians and/or their designees to attend meetings and/or the first day of a session or program and/or be available in conformance with the Policy.

3. Communicate with parents or guardians as set forth in the Policy and Medical Management Plan about the child's diabetes management, diabetes care or diabetic health-related concerns;

4. Encourage compliance with the Medical Management Plan and Policy, independence, and self-care consistent with the child's ability, skill, maturity, and development level; and

5. Respect the child's and his or her family members' rights to confidentiality and privacy consistent with all pertinent local, state, or federal laws, regulations, or requirements.

G. Raynor will arrange for either the Health Supervisor or a certified diabetic educator to provide basic training to the appropriate personnel at Raynor Country Day School. That basic training will include a general overview of diabetes and typical health care needs of diabetics, recognition of common symptoms of hypoglycemia and hyperglycemia, and ways to get help quickly. The person assigned to do the training will also provide assistance and respond to inquiries from parents about any matter or concern related to the care or treatment for a child with diabetes.

H. Raynor will maintain a record at its office of all such admission inquiries on behalf of children with diabetes, including insulin-dependent diabetes, and the disposition of such inquiries for a period of three years from the date of the inquiry.

I. Nothing in this Agreement is intended to cause Raynor to violate any provision of any state or local law. None of the Parties to this Agreement are aware of any state, local and/or municipal law in New York that prevents Raynor from enrolling and caring for children as provided in this Agreement. Should there be any reason to believe there is such a conflict, the Parties agree to meet to resolve or negotiate terms to address any alleged conflict. The United States and Raynor will consult on changes proposed to the Policy at least twenty (20) business days before any policy incorporated by reference herein is amended.

J. Retaliation and Coercion. Raynor will not retaliate against or coerce in any way any person who is trying to exercise his or her rights under this Agreement or the ADA.


A. Compliance Reports. Raynor will provide written reports to the United States regarding compliance with this Agreement. The first, second, and third reports shall be due six (6), eighteen (18) and thirty (30) months, respectively, from the entry of the Agreement. Each of the three reports must state the number of applicants with diabetes who applied to attend any program, the particular diabetes care requested for such applicant, the procedure followed to determine whether to admit such applicant to the program, any reason admission to the program was denied, and if an applicant was admitted, what diabetes care was agreed upon. Raynor will maintain records to document all statements in the report. Raynor shall also submit detailed information about any complaints to Raynor by children with diabetes or their parents or guardians, or actions taken by Raynor that involve any child who has diabetes, including any decision to deny a child's request for an accommodation after admission to Raynor Country Day School or any request or other action by Raynor that contributes to a child's removal or departure before the end of a session for which the child was enrolled. The parties agree to adhere to all requirements for confidentiality under the ADA.

B. Complaints. During the term of this Agreement, Raynor will notify the United States if any individual brings any lawsuit, complaint, charge, or grievance alleging that Raynor discriminated against them on the basis of disability. Such notification must be provided in writing via certified mail within fifteen (15) days of when Raynor has received notice of the allegation and will include at a minimum, the nature of the allegation, the name of the individual bringing the allegation, and any documentation possessed by Raynor relevant to the allegation.

C. Notices. All notices, reports, or other such documents required by this Agreement shall be sent to the Parties by (a) hand delivery with signed receipt from the individuals mentioned below or other such persons as the parties may designate in writing in the future, and/or (b) fax and, delivery via certified mail, return receipt requested, to the following addresses or to such other person as the parties may designate in writing in the future:

For notices to the United States:

John L. Wodatch, Chief
Attention: Robert Mather
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
1425 New York Avenue, NW
Washington, D.C. 20005
(202) 307-2236 (telephone)
(202) 305-9775 (facsimile)

For notices to Raynor:

Patricia Blake, Esq.
451 Main Street
East Moriches, New York 11940
(631) 874-4100 (telephone)
(631) 874-0300 (facsimile)

D. Enforcement of Agreement. The United States may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that any requirement therein has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will specifically notify Raynor's Chief Executive Officer in writing and it will attempt to resolve the issue or issues in good faith. The United States will give Raynor thirty (30) days from the date it notifies Raynor of any breach of this Agreement to cure that breach, prior to instituting any court action. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to Raynor, it may institute a civil action in federal district court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under the law. Failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.

E. Term of the Agreement. The Agreement shall become effective as of the date of the last signature below and shall remain in effect for three years from that date.

F. Entire Agreement. This Agreement, and any appendices attached, constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Agreement or attachments, shall be enforceable regarding the matters raised herein.

G. Copies Available. A copy of this Agreement may be made available by the United States or Raynor to any person and will be provided by the United States in hard copy upon request.

H. This Agreement fully and finally resolves any and all of the allegations of the complainants and/or the United States in this case. It does not purport to remedy other potential violations of the ADA by Raynor.

I. Binding Effect. This Agreement shall be binding on Raynor, its agents and employees. In the event Raynor seeks to transfer or assign all or part of its interest in any 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 Raynor shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

J. Non-waiver. Failure by the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision will not be construed as a waiver to such enforcement with regard to other instances or provisions.

K. Signatory. A signatory to this document in a representative capacity for Raynor Country Day School represents that he or she is authorized to bind that party to this Agreement.


For Raynor Country Day School:   For the United States of America:

Acting Assistant Attorney General
for Civil Rights

By: __________________________   By:________________________________
PHILIP L. BREEN, Special Legal Counsel
ROBERT J. MATHER, Trial Attorney
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 307-2236

Date             7/1/08                    Date             7/10/2008                 



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Last updated: October 09, 2008