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Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And La Petite Academy, Inc.




  1. The parties to this Settlement Agreement ("Agreement") are the United States of America and La Petite Academy, Inc., a Delaware corporation ("La Petite").
  2. This Agreement resolves the following complaints filed with the Department of Justice ("Department") under title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12181-89, and its implementing regulation, 28 C.F.R. pt. 36: (i) Department of Justice Complaint Number (DJ#) 202-79-58, filed by X and Y XYZ on behalf of Z XYZ (the "XYZ Complaint"); (ii) DJ# 202-42-21, filed by A and B ABC on behalf of C ABC (the "ABC Complaint"); (iii) DJ# 202-74-45, filed by E and F EFG on behalf of G EFG (the "EFG Complaint"); (iv) DJ# 202-67-28, filed by L and M LMN on behalf of N LMN (the "LMN Complaint"); and (v) DJ# 202-35-77, filed by O OP on behalf of P OP (the "OP Complaint") (collectively, the "Complaints"). The Complaints were investigated by the Department under the authority granted by section 308(b) of the ADA, 42 U.S.C. ァ 12188.




  3. La Petite is a public accommodation, as defined in section 301(7)(e) of the ADA, 42 U.S.C. ァ 12182(7)(k), and its implementing regulation, 28 C.F.R. ァ 36.104.
  4. La Petite provides child day care services at approximately 750 locations nationwide. The day care centers that are the subjects of the Complaints are places of public accommodation, within the meaning of section 301(7)(e) of the ADA, as further defined in 28 C.F.R. ァ 36.104.
  5. The individuals named in the Complaints are either (i) persons with disabilities within the meaning of 42 U.S.C. ァ 12102(2) and 28 C.F.R. ァ 36.104, or (ii) individuals known by La Petite to have a relationship with individuals with known disabilities, within the meaning of 28 C.F.R. ァ 36.205. In addition, D ABC and H EFG are individuals known by La Petite to have a relationship with individuals with known disabilities, within the meaning of 28 C.F.R. ァ 36.205.




  6. The XYZ, ABC, and EFG Complaints allege that La Petite discriminated against children with severe allergies and their families by maintaining a policy of not administering the EpiPen, Jr. (a disposable device used to administer a pre-measured dose of epinephrine to children with severe allergies) to children in their custody who suffered severe allergic reactions. La Petite's policy at that time was to call 911 and request that Emergency Medical Services personnel be dispatched to administer the EpiPen, Jr.
  7. The LMN Complaint alleges that the La Petite Academy located in Irmo, South Carolina, discriminated against N LMN and his family by refusing to permit N, an individual who requires one-on-one care, to enroll in the Irmo La Petite Academy accompanied by an aide. No individualized assessment of the LMNs' enrollment request was made. In response, La Petite alleges that, if true, such failure is contrary to La Petite's corporate policy, which requires an individualized assessment of each enrollment request.
  8. The OP Complaint alleges that La Petite discriminated against P OP and his family by, among other actions, failing to provide P, a wheelchair user, with sufficient assistance in using the toilet facilities at the Gambrills, Maryland, La Petite.


  9. La Petite does not admit that any action it has taken violates title III of the ADA. This Agreement shall not be construed as an admission of liability by La Petite.
  10. To avoid unnecessary and costly litigation, the parties hereby agree to the provisions set forth in paragraphs 11 and 12 below.
  11. La Petite hereby agrees that the document entitled "La Petite Academy, Inc. Policy for Administering Emergency Treatment to Children with Severe Allergies," attached hereto as Attachment A, has been adopted by La Petite as its policy for treating children with severe allergies, including its policy for administering epinephrine through the use of the EpiPen, Jr. La Petite further agrees not to modify the policy without the prior written consent of the Department.
  12. La Petite hereby agrees to pay a total of Fifty-Five Thousand and 00/100 Dollars ($55,000.00) as full and final settlement of the Complaints set forth in paragraphs 6, 7, and 8 above.
  13. This sum shall be allocated among the five Complaints in full and final satisfaction of all ADA claims arising out of the Complaints and the facts set forth therein. Each party whose rights under the Complaints are resolved by this Agreement shall execute a Release in the form attached hereto as Attachment B prior to the payment of any sums to that party by La Petite. Within fifteen (15) days of La Petite's receipt of each fully executed Release, La Petite shall pay the appropriate party its allocation of the monetary sum specified in paragraph 12 above.
  14. As a result of its request to the Department for technical assistance, La Petite developed the document entitled "La Petite Academy Policy for Testing Blood Glucose Levels," attached hereto as Attachment C. La Petite agrees that Attachment C been adopted by La Petite as its policy for testing the blood glucose levels of children with insulin-dependent diabetes. La Petite further agrees not to modify the policy without the prior written consent of the Department.


    Implementation and Enforcement of this Agreement


  15. The Attorney General is authorized, pursuant to 42 U.S.C. ァ 12188(b)(1)(B), to bring a civil action to enforce title III of the ADA in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter.
  16. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it may institute a civil action in federal district court.
  17. A failure by the Department to enforce any term of this Agreement shall not be construed as a waiver of its right to enforce any other portion of this Agreement.
  18. This Agreement shall be enforceable in United States District Court for the District of Columbia.
  19. This Agreement is a public document. Copies of this Agreement, the Attachments, and any information contained in them may be made available to any person at any time. The Department shall provide copies of these documents to any person upon request.
  20. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on La Petite Academy, Inc., and its successors and assigns. La Petite shall have a duty to notify all such successors and assigns.
  21. This document constitutes the entire Agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or the agents of either party that is not contained in this written Agreement, shall be enforceable. This Agreement is limited to the matters raised in the Complaints and does not address any other issues of ADA compliance by La Petite. This Agreement does not affect the continuing responsibility of La Petite to comply with all aspects of the ADA.
  22. The signers of this document affirm that they are authorized to bind the parties to this Agreement that each represents.

For La Petite Academy, Inc.



______________________________        Date:___________,1997
Peggy A. Ford
Vice President
General Counsel
La Petite Academy, Inc.
14 Corporate Woods
8717 W. 110th Street
Suite 300
Overland Park, KS 66210
(913) 345-1250



For the United States:



______________________________        Date:___________,1997
L. Irene Bowen, Deputy Chief
Eugenia Esch, Attorney
Anne Marie Pecht, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-0663



Thomas J. Esbrook,

Updated August 16, 2016