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, )

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
.

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