S.M. et al v. Tallapoosa County School Board et al

Filing 17

CONSENT DECREE: This CONSENT DECREE is approved by and entered as an order and judgment of the Court and shall be subject to the full enforcement powers of the Court as further set out in the Consent Decree. Costs of this cause are taxed as paid. The joint motion (doc. no. 16 ) is granted. This case is closed. (Signed by Honorable Judge Myron H. Thompson on 1/13/2012. (Attachments: # 1 Exhibit One) (dmn, )

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Case 3:11-cv-01052-MHT-CSC Document 16-2 Filed 01/13/12 Page 1 of 9 EXHIBIT ONE IN nIE UNITED STATES DISTRICT COURT FOR 'fHE MIDDLE DlSTRICT OF !\L!\B/\.\:lA EASTERT\ DTVTSION S.YL by and through next friend. BENITA ROBERTS. et. al.. Plaintiffs, Case NO.3: 11 (\/--1 052-I'vHIT -CSC -\'- 'IALLAPOOSA COUNT,):' ct. at.. SCHOOL BOi\RD. Defendants, --._ __ _--------_ SETTLElvlENTAGRE COME NO\V THE PARTIES in the above styled cause, by and through 1, The parties consent to the jurisdiction use US 1331 and 1343, 28 2. The Plaintiffs Defendant 1367 and 42 use Plaintiffs shall dismiss with prejudice 3,rhe Defendants County PHILIP BAKER. in his official capacity Board of Education, Superintendent of Education WOODYARD-HAMILTON J to 20 USC 1681- 983. any and all claims asserted against named in his official capacity as the Superintendent Education of the State of Alabama and his successors JOHNWl LCOX of Tallapoosa of in office. any and an claims asserted against as Superintendent in his official County their AGREEMENT. of this court pursuant shall dismiss with prejudice LARRY E. CRAVEN _----- EMENT attorneys of record, and enter into this SETTLE!vlENT 1688.28 .. Board in her capacity as Chairman capacity of Education, of Tallapoosa as Assistant LvlATILDA and Member of the Tallapoosa Case 3:11-cv-01052-MHT-CSC Document 16-2 County Board of Education. CARTER. !vllCHAEL JOHNSON and RANDY Tallapoosa County Board of Education: KAREl\' A IDERSO"t\ in their official in their official capacities Filed 01/13/12 Page 2 of 9 \V.HIlL capacities as Members and JOE \\!lNDLE as principals of Dadeville MARTIN of the MENNIFEE and GLENDA Elementary Sc1100l and Councill Middle School. respectively. 4. Without admitting liability or a specific violation of any Constitutional DEFENDANT TALLAPOOSA its duly appointed administration COUNTY BOARD OF EDUe ATION, by and through and staff, shall cause to be terminated the practice of same sex.. '-' gender based classes at the Council] Middle School and Dadeville School on or before FEBRUARY classroom instruction Union dated November and incorporated and The settlement agreement and the American 21 sl 2011 is attached hereto. made a part hereof by reference herein verbatim. 5. The parties acknowledge "Settlement and recesses. County of Board of Education Tallapoosa Agreement" that the facts are in dispute in this action, and that this represents a compromise of a disputed claim to avoid the costs e):neuse of extended litigation between the Defendants and Plaintiffs. consideration Elementary This practice shall not only apply to academic but to lunch periods between the Defendants Ci vil Liberties L 2012. rights, of the terms of this agreement, release of all claims against these Defendants the ending of the litigation, Therefore, in and Plaintiffs' arising out of any of the claims made by the Plaintiffs in this action, Case No. 3:11 CV-1U52-MIIT-CSC, admitting liability for the matters alleged in the complaint, the Defendants without do hereby consent that the Case 3:11-cv-01052-MHT-CSC Document 16-2 named Plaintiffs and their counsel, Hon Filed 01/13/12 Page 3 of 9 ERIC TA VA.RIS H UTCHI!\!S are the --PRJ:::VAI LIl\; G PARTY" in this action .. 6. DEFENDANT TALLAPOOSA COUNTY BOARD OF EDUCA nON shall pay to counsel representing of $12,000.00 7. damages for his services. including costs and expenses. on behalf as compensation of the Plaintiffs pursuant The Plaintiffs and violations HON. ERIC TAVARIS HUTCHINS. the sum the Plaintiffs. 10 42 USC 1844. agree to dismiss with prejudice of any Constitutional any and all other claims for rights or privileges asserted, or that could be asserted. in this cause. E, TERED this __ day or January, 2012. THE FOLLO\VJNGHEREBY STATE THEY HAVE READ THE TERMS AND CONDITIONS OF TI-US SETTLEMENT AGREEMENT AND HAVE EXECUTED HERE\VITH UPON THE ADVICE OF A D CONSULTATION \\lITH COUNSEL PLA INTI FFS: -. . ~ -.:/J~-z~ ~ r-;) / h~ .-/- ' _ BT~NITA ROBERTS, il~ividually and 011 bebalf of~S,M. +Q\ (Lfl(L~ lJ :~ F~ NCES L. ALLEN individually and on behalfofD.H. I and J.B. Case 3:11-cv-01052-MHT-CSC Document 16-2 / .'_ , /1:7 / -L£~--.-------- £df~/ )'/',~ NICE COLE individually and behalf of l.W . IJdl~i---- .IOI!- !~~y indi. ideally and on behalfofT.H. " 1 qfJJthM~iJU;tLj{~\--_ ~UCHUNDRA HOLLEY / / individually and on behalf of T. H. t../ DEFEND/\NT: TALLAPOOS.'\ COl'l"TY BOARD OF I::DUCATIO\l ~'4~ By: PI-llUP BAKER Its: S uperintcndent APPROVED AS -1'0 FORi\,1 AND CONTENT: £ ERIC ?'~------""~ . TAVA~-t1-CI-IINS. Attorney for Plaintiffs Mark Allen Treadwell Attorney for Defendant Esq. Filed 01/13/12 Page 4 of 9 Case 3:11-cv-01052-MHT-CSC Document 16-2 Filed 01/13/12 Page 5 of 9 RELEASE Al'\TD SETTLEMENT AGREEMENT This Release and Settlement Agreement ("Agreement") is entered into this ;2/ day of ~ ,2011, by and between the American Civil Liberties Union Foundation Women's Rights Project; the American Civil Liberties Union Foundation of Alabama; and the Tallapoosa Comly Board of Education ("Board") (collectively, "the Parties"). In the 2010-2011 school year, and in prior school years, the Board has operated single-sex classes in Councill Middle School. The American Civil Liberties Union Foundation Women's Rights Project and the American Civil Liberties Union Foundation of Alabama have alleged that these programs constitute sex discrimination in violation of federal law. Because the Parties desire to resolve, compromise, and settle the controversies between them, on the terms and conditions set forth below, and in consideration of the mutual promises and releases contained herein, the Parties agree as follows: 1. Beginning in the 2012-2013 school year and for five years thereafter, the Board and each public school within the Tallapoosa COW1ty School District shall not provide any Single-Sex Activity. With the exceptions set out in paragraph (2) below, "Single-Sex Activity" means: providing any course or otherwise carrying out any education program or activity separately on the basis of sex; or requiring or refusing participation in any school, any course, or any education program or activity by any students on the basis of sex. "Education Program or Activity" includes, without limitation, all classes, extracurricular activities, recess, lunch, and physical education. Case 3:11-cv-01052-MHT-CSC Document 16-2 2. Filed 01/13/12 Page 6 of 9 The above paragraph (1) does not apply to (a) separation of students by sex within physical education classes or activities for participation in wrestling, boxing, rugby, ice hockey, football, basketball, or other sports, the purpose or major activity of which involves bodily contact; (b) grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex; (c) portions of classes in elementary and secondary schools that deal primarily with human sexuality; (d) requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex; or (3) interscholastic or intramural athletics. This agreement does not modify the Board's existing legal obligations as to these activities. .., .J. If at any time subsequent to the 2016-2017 school year and prior to or during the 2021-2022 school year, the Board or any public school within the Tallapoosa County School District seeks to institute any Single-Sex Activity, at least 180 days prior to implementation of the Single-Sex Activity, the Board shall provide written notice via regular first class mail and electronic mail to representatives of the American Civil Liberties Union Foundation Women's Rights Project and the American Civil Liberties Union Foundation of Alabama. Such written notice shall provide the following: a description of the proposed Single-Sex Activity; the proposed purpose and rationale for instituting the proposed Single-Sex Activity; any data or analysis regarding the proposed Single-Sex Activity; a description of the proposed Single-Sex Activity's scope and its design; any minutes, transcripts, and recordings of any Board meetings discussing the proposed Single-Sex Activity; and 2 Case 3:11-cv-01052-MHT-CSC Document 16-2 Filed 01/13/12 Page 7 of 9 copies of any presentations, forms, letters or any other communications with parents or students regarding the proposed Single-Sex Activity. 4. Further, the Board agrees to provide within 30 days any public documents, as defined by the state Open Records Act, in response to a request for materials and documents related to the proposed school, class, program, or activity made by representatives of the American Civil Liberties Union Foundation Women's Rights Project and/or the American Civil Liberties Union Foundation of Alabama. 5. The Board further agrees that any time during the school years 2012- 2013 through 2016-2017, representatives of the American Civil Liberties Union Foundation Women's Rights Project and/or the American Civil Liberties Union Foundation of Alabama may conduct noticed or unnoticed visits to Councill Middle School or any other school operated by the Board for the sole purpose of verifying that no Single-Sex Activity is occurring in such school in violation of this Agreement. 6. As consideration for these commitments by the Board, the American Civil Liberties Union Foundation Women's Rights Project and the American Civil Liberties Union Foundation of Alabama each release the Board from any and all claims arising on their own behalf from sex-segregated/single-sex classes, programs, or activities in Tallapoosa County School District public schools during the 20112012 school year or prior school years, including administrative claims with the Office of Civil Rights of any federal executive agency, with the exception of any claims arising out of the breach of any provision in this agreement, as set out in paragraph (8) below. 3 Case 3:11-cv-01052-MHT-CSC Document 16-2 7. Notwithstanding Filed 01/13/12 Page 8 of 9 paragraph (6), neither the American Civil Liberties Union Foundation Women's Rights Project nor the American Civil Liberties Union Foundation of Alabama releases the Board from any claims that may arise from sexsegregated schools, classes, programs, or activities in Tallapoosa County School District public schools during the 2012-2013 school year or at any time thereafter. 8. Notwithstanding paragraph (6), the Parties do not release each other from any of their obligations under this Agreement. This Agreement shall be deemed breached and a cause of action accrued upon the commencement of any act, action, or conduct contrary to this Agreement, and in any such action, this Agreement may be pleaded by any of the Parties, including as a defense or as a counter-claim or cross-claim in such action. 9. It is understood that this Agreement is not to be construed as an admission of liability on the part of the Board. 10. The Parties declare and understand that no promises, inducements, or agreements not contained in this Agreement have been made to them, that this Agreement contains the entire agreement between the Parties, and that the tenus of this Azreement are contractual and not merely a recital. b 11. • This Agreement contains the entire agreement between the Parties with respect to this subject matter and there are no agreements, understandings, representations or warranties between the Parties other than those set forth or referred to in this Agreement. 12. This Azreement shall be binding upon and inure to the benefit of the '-" Parties and their respective successors and assigns. 4 Case 3:11-cv-01052-MHT-CSC Document 16-2 13. If any provision illegal, or unenforceable Agreement of this Agreement shall be unaffected This Agreement signature or signature copy so executed constitute 15. shall be determined for any reason, the remaining provisions and unimpaired, effect, to the fullest extent permitted 14. Filed 01/13/12 Page 9 of 9 transmitted by facsimile and portions of this and shall remain in full force and by applicable may be executed to be invalid, law. in counterparts, by either an original or other similar process and each shall be deemed to be an original and all copies so executed shall one and the same Agreement. The undersigned of this Agreement represent prior to executing that they have read and understood the terms same. 1~ ~ -:v1Y: Lewis 11-IOf-li Date American Civil Liberties Union Foundation Women's Rights Project 125 Broad St. 18th FL New York, ~y 10004 4~~ .j{iiSOl1Neal \ \-U~.\\ Date Civil Liberties Union Foundation American Alabama 207 Montgomery Street, Suite 910 ~ry, AL 36104 (~:- ~d~ Philis. . z::: .. Baker Superintendent Tallapoosa County Board of Education 125 N. Broadnax St. Suite 113 Dadeville, AL 36853 5 !If Dat of If . I

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