Settlement Agreement Between the United States of America and Cherry Creek School District No. 5

The United States Department of Justice (“United States”) has received multiple
complaints over the past three years alleging that the Cherry Creek School District No. 5 (“the
District”) failed to take appropriate action to address language barriers of families with limited
English proficiency (“LEP”) in its enrollment process and student disciplinary proceedings,
denying students equal access to the District’s instructional programs. The United States
investigated these complaints under the Equal Educational Opportunities Act of 1974, 20 U.S.C.
§ 1701 et seq. (“EEOA”). The United States and the District (collectively, “the Parties”) now
enter into this agreement (“Agreement”) to resolve the United States’ investigation into these
complaints.

After reviewing the District’s policies, practices, and procedures for providing translation
and interpretation services to LEP parents, the United States notified the District that it had
compliance concerns pertaining to the District’s obligations to provide sufficient translation and
interpretation for LEP parents. Specifically, the United States concluded that the District: (1)
does not have a reliable and accurate process for identifying parents1 who have limited English
proficiency (“LEP parents”); (2) does not adequately provide information to LEP parents about
the District’s process and requirements for enrolling students in the District; and (3) does not
provide essential information to LEP parents in a language they can understand.
The Parties undertake this Agreement as a means of alternative dispute resolution to
avoid litigation and for the purposes of judicial and governmental economy. The District agrees
to implement the remedial measures enumerated in this Agreement but admits to no violations of
For the purposes of this Agreement, the term “parent” includes legal guardians and all other
people who are legally responsible for the student’s welfare. 

District representatives, by signing this document, assure that they have the authority to
bind the District, including successor administrations and members of the District’s School
Board, for the Agreement’s duration.

DEFINITIONS

• Essential Information includes: (a) report cards and other academic progress reports; (b)
documents concerning academic options and planning; (c) enrollment information; (d)
documents with screening procedures requesting a student’s language background and
parents’ preferred language of communication; (e) all parental consent forms, including
requests for parent permission for student participation in District/school-sponsored
programs and activities; (f) promotional materials and announcements distributed to students
that contain information about school and District activities for which notice is needed to
participate in such activities (e.g., testing, co-curricular activities requiring an application,
parent-teacher conferences, open houses); (g) special education documents, including
Individualized Educational Plans (IEPs), Prior Written Notices, Notice of Procedural
Safeguards, Behavior Intervention Plans, and Functional Behavioral Assessments; (h)
information about student discipline, including all codes of conduct; (i) student or parent
handbooks; (j) information related to public health and safety (e.g., vaccination requirements,
health and safety protocols and announcements); and (k) any other written information
describing rights/responsibilities of parents or students and benefits/services available to
parents and students, including a notice of the right to request translation and interpretation
services, how to make such requests, and how to file a complaint about language assistance
services.
• Exclusionary Discipline is any type of school disciplinary action that isolates, removes, or
excludes a student from their usual educational setting, including in or out of school
suspensions, referrals to alternative schools, and expulsions.
• Interpretation means the act of listening to a communication in one (source) language and
orally converting it to another (target) language while retaining the same meaning. There are
two modes of interpreting: consecutive and simultaneous.
• Interpreter is an individual who performs interpretation and who has been assessed using a
highly rigorous, standardized, and professionally validated instrument and who has also been
trained in specialized terminology, the ethical canons of interpretation, and other standard
requirements.
• Language Assistance Services means the facilitation of effective communication with a
person who has limited English proficiency using one of the following five methods: inperson
interpretation, remote video or telephonic interpretation, translation, direct “inlanguage”
or monolingual communication, or sight translation.
• Limited-English Proficient or LEP means a person for whom English is not the language in
which a person is most effectively able to communicate because the person has a limited
ability to read, write, speak, or understand English. An LEP person may be competent in
certain types of communications in the English language (e.g., speaking or understanding)
but still may be LEP for other purposes (e.g., reading or writing) and require language
assistance services (e.g., interpreters or translated materials).
• Low-Incidence Language means any language that is not a Major Language, as defined
below.
• Major Language means any languages other than English spoken by more than 100 of the
District’s LEP parents based on the identified preferred language of communication in the
District’s Parent Form, which the District asks all parents to complete each year.
• Qualified Bilingual Staff means a District employee or contractor who has demonstrated,
through a formal procedure established by the District, a competency to communicate orally
in English and at least one other language.
• Sight Translation is on-the-spot, complete, oral rendition of written text from the source
language into the target language by an interpreter without a change in meaning based on a
visual review of the original text or document. However, Qualified Bilingual Staff may
explain the contents of a form or document to an LEP person without purporting to sight
translate the document.
• Translation means the replacement of written text from one language (source language) into
an equivalent written text in another language (target language) using a human translator
(i.e., not automated translation software such as Google Translate or Pocketalk).

GENERAL REQUIREMENTS
1. The District will take “appropriate action to overcome language barriers that impede equal
participation” by LEP students (“English Learners”) in the District’s instructional programs.
20 U.S.C. § 1703(f).
2. The District will identify all parents who have limited English proficiency and need language
assistance services, and provide all LEP parents such services in their preferred language of
communication. Whenever the District becomes aware that a parent has limited English
proficiency, but English is listed as the parent’s preferred language in the District’s student
information system (currently PowerSchool), the District will notify the LEP parent in the
language in which they are most effectively able to communicate that changing their
preferred language of communication in the District’s student information system will enable
them to receive language assistance services. If the LEP parent knowingly declines to
change their preferred language, the District will document the declination in the student
information system narrative and enter the parent’s language needs in the Notes field under
the student profile for each of the parent’s children.
3. The District will ensure all notices, correspondences, automated telephonic messages, and
voice recordings containing Essential Information that are disseminated at the district level
(i.e., information intended for all district students or parents) are translated/interpreted into
each of the major languages. The District will ensure that all notices, correspondences,
automated telephonic messages, voice recordings, and communication containing Essential
Information disseminated at the school or classroom level, are translated into any language
that is spoken by ten or more LEP parents at that school. For Low-Incidence Languages, the
District will offer LEP parents appropriate language assistance services to ensure they
understand the information being conveyed, and record accurately the parents’ decision to
accept or decline the offer. In any meeting in which Essential Information is discussed, the
District will provide LEP parents with interpreter assistance in their preferred language,
including all meetings related to enrollment and discipline procedures. Except in an
emergency involving life, immediate health, or safety of individual(s), the District will not
use students, family, friends, or unverified automated services (i.e., Google Translate,
Pocketalk, or similar services or applications) to provide language assistance services.
4. The District will include a statement, accurately translated into all preferred languages of
current LEP parents in the District, about the availability of language assistance services and
how to request such services, and prominently post this statement on the District’s
homepage, all school websites, and the District’s online enrollment landing page. The
District will make a copy of this translated statement accessible at school entryways and also
ensure the statements are visible to parents who enter the main office of each of its schools
and the District enrollment offices.

SPECIFIC REQUIREMENTS
Enrollment in the District
5. The District will translate all electronic enrollment documents and forms, including all
documents that contain instructions or explanatory information, into any major languages
where translation is available through the District’s software vendor. This translated
enrollment information and these forms will be available online. For any major languages
for which translation is not available through the District’s software vendor, the District will
make translated versions of the documents available in a paper form. The District may also
use interpreters to assist parents in responding to the enrollment questions using the
enrollment software.
6. Any time a parent seeks to enroll their child in a District school, the District will identify
parents’ preferred language of communication at the beginning of the enrollment process.
See, e.g., Paragraphs 2 and 4 above.
7. The District will provide appropriate language assistance services to all LEP parents who
seek to enroll a child in a District school at no cost to the parents, including LEP parents who
speak Low-Incidence Languages and may need oral interpretation. The District will contract
with a telephonic interpretation service to expand access to interpreters and different
languages. The District also will provide real-time sight translation or interpretation services
no later than three business days after the District knows that the parent requires such
language assistance services. If the District is unable to meet the three-day timeline for a
particular LEP parent, it will provide the services at the earliest possible date and document
each such instance in Attachment A.
8. The District will ensure that all students are able to access its educational programs,
regardless of national origin or immigration status; will ensure that its student enrollment
practices do not discourage the participation, or lead to the exclusion, of students based on
their or their parents’ actual or perceived citizenship and/or immigration status. The District
will not request of parents or students proof of immigration status, or any other information
with the purpose or result of denying or limiting access to public schools on the basis of race,
color, or national origin.
9. The District will not require birth certificates as the sole means of demonstrating that a
student meets age requirements to enroll in any District schools, including Early Childhood
Education (ECE). The District will develop a non-exclusive list of alternative documents it
will accept in lieu of birth certificates and include this list in its enrollment materials.
10. Within 30 days of the Effective Date of this Agreement, the District will notify all school
administrators and all schools’ front office staff of the procedures described in Paragraphs 4
through 9 above, through a standalone e-mail communication.
11. The District will train all School Registrars and building front-office staff on the procedures
described in Paragraphs 4 through 9 above by developing and disseminating a 15-minute
instructional video and ensuring the relevant staff members view and understand the video.
The District also will develop and disseminate a one-page document explaining Paragraphs 5
through 9 to these staff members and to all building administrators. The District will submit
the script and materials to be used in the proposed video and one-page document to the
United States for its review and approval within 120 days of the Effective Date of this
Agreement. The District also will ensure all of the relevant staff view and understand the
video, and the District will verify in writing that the staff viewed the video and reviewed the
accompanying one-page document within 60 days after the United States approves them.
Identifying Parents’ Preferred Languages
12. Prior to disseminating its annual Parent Update for SY 2024-25 but no later than June 15,
2024, the District will send an e-mail and text notice to all parents notifying them of the
questions on the Parent Form relating to language and communication preferences. The
District also will translate the e-mail/text into all major languages, and include in this
communication a copy of the statement described in Paragraph 4 above, to inform all parents
that language assistance services are available upon request. A draft of this communication
will be sent to the United States by May 17, 2024 for its review. The District will repeat this
process each subsequent school year during the time frame when this Agreement is in effect.
13. By November 15, 2024, the District will report to the United States the names of all parents
who changed their preferred language of communication preference on the Parent Form for
SY 2024-25 from what was previously entered in the District’s student information system,
the schools their children attend, and the languages involved in the change.
14. The District will administer a valid, reliable, and grade-appropriate English Language
Proficiency assessment in all four language domains to all 1-12 students for whom a change
was made in SY 23-24 or SY 24-25 to Parent Forms indicating that a language other than
English is spoken at home or by the student if that student has not previously been assessed
for English language acquisition services. The District will designate all students who are
not fully English-proficient based on the assessment as English Learners and offer them
English language acquisition services.
15. The District will require staff to check each parent’s preferred language of communication
before disseminating any Essential Information or scheduling meetings with parents, and
ensure they are communicating with LEP parents in their preferred language.
Disciplinary Proceedings Involving English Learners and LEP Parents
16. The District will continue to translate Essential Information into all major languages,
including documents and forms related to student discipline, such as the District’s code of
conduct.
17. When District staff communicate with parents concerning disciplinary proceedings, including
potential Exclusionary Discipline, the District will confirm the parents’ choice of preferred
language listed in the District’s student information system, and ensure all LEP parents,
including those who speak Low-Incidence Languages or need oral interpretation, receive
appropriate language assistance services, unless the parents knowingly waive language
assistance services in a document translated into the parents’ preferred language of
communication.
18. All written communication regarding the potential Exclusionary Discipline of an LEP
parent’s child will be translated in a timely manner or sight translated into the LEP parent’s
preferred language of communication, including Suspension Notice Letters, Suspension
Extension Letters, Expulsion Notice Letters, and Expulsion Decision Letters. If one of these
letters is sight translated, a translated copy of the letter should be provided to the family as
soon as possible.
19. In no event should an expulsion review hearing of an LEP parent’s child take place before
the District provides the LEP parent a translated copy of the Expulsion Notice Letter and/or
all appropriate language assistance services (e.g., sight translation).
20. The District will document all oral communications with LEP parents regarding
Exclusionary Discipline of their child in the District’s student information system. This
documentation will include: the date and approximate time of the conversation, whether the
conversation was over the phone or in person, whether Qualified Bilingual Staff or an
interpreter was present on the phone or in person, the general subject matter discussed in the
conversation, and, if possible, an estimate of the length of the conversation.
21. Prior to the start of an expulsion review hearing of an LEP parent’s child, the District will
ensure an interpreter is available to meet with the student’s parent(s) for no less than one
hour to sight translate the expulsion packet. A school employee knowledgeable about the
District’s disciplinary procedures also will be present at this meeting to answer questions the
parents might have concerning the information contained in the packet.
22. Interpretation must be provided for all expulsion review hearings, expulsion appeal
proceedings, and early readmission meetings involving an LEP parent’s child if the LEP
parent is present. If no interpreter is present, the hearing or meeting must be postponed to a
later date. If an early readmission meeting is postponed because of a lack of an interpreter,
the student must be conditionally permitted to attend school for the time period where the
meeting is being rescheduled unless the school determines that the student poses a health or
safety risk to themselves or others.
23. During the term of this Agreement, the District will track all Exclusionary Discipline
involving an LEP parent’s child with the information set forth in Attachment B. The District
will send a copy of this information to the United States within 30 days after the close of
each school semester.
24. The District, with the aid of an interpreter, will attempt to contact the LEP parents of certain
students who were previously expelled, document these efforts in writing, and explain to the
students’ parents what options expelled students have for readmission into the District. The
District will take these actions for all expulsion proceedings between SY 17-18 to the
Effective Date of this Agreement that meet the following criteria:
a. The student will be younger than 18 during SY 24-25;
b. The expulsion decision letter was not translated; and
c. The student is not currently enrolled in the District.
Within 150 days of the Effective Date of this Agreement, the District will provide to the
United States the results of the remedial actions set forth in this Paragraph.
25. At the District’s annual training on expulsions or another training in the fall of 2024, the
District will train the Cultural Liaisons in the Language Supports and Services Department,
and all District staff and administrators involved in Exclusionary Discipline, on the
procedures described in Paragraphs 16 through 23 above. By July 1, 2024, the District will
submit proposed training materials to the United States for review and approval. For all
other staff involved in discipline, including classroom teachers, the District will send an email
describing the process they should follow when communicating Essential Information
with parents (i.e., determine whether parents are LEP and require an interpreter or translated
documents before engaging).
26. In addition to providing language assistance services to LEP parents, the District will take
appropriate steps to ensure that all English Learners are able to understand and participate
fully in all disciplinary proceedings before being subject to Exclusionary Discipline and
provide language assistance and support, if necessary.
Parent Engagement and Notification
27. Within 60 days of the Effective Date of this Agreement, the District will send to the United
States, for its review and approval, a draft of a letter to all LEP parents in their preferred
language describing the District’s duty to provide language assistance services in its
communications with families and its processes for doing so. The District will send this
letter to all LEP parents via e-mail and text within 30 days after the United States approves
the statement.
28. The District will translate each school-level student handbook as follows:
a. All student handbooks will be translated into Spanish;
b. For student handbooks published for an upcoming school year, student handbooks
will be translated into any language other than Spanish that is spoken by ten or more
LEP parents at that school as of March 15 of the preceding school year;
c. Translated student handbooks will be available online; and
d. All student handbooks will include a copy of the statement described in Paragraph 4
above, to inform all parents that language assistance services are available upon
request.
29. During SY 24-25, the District will conduct a needs survey of LEP parents, soliciting their
feedback on their experience with the District. Within 60 days of the Effective Date of this
Agreement, the District will submit its proposed survey questions to the United States for its
review and approval. The survey will be translated into the major languages spoken in the
District. All LEP parents should receive a copy of the needs survey by e-mail and text. The
District also will hold at least two listening sessions at schools in the District, and one virtual
listening session, to assist LEP parents in filling out the needs survey and to solicit feedback
from LEP parents. The District will provide interpreters at each of these listening sessions
for all major languages. The District also will provide interpreters for at least 10 additional
Low-Incidence Languages spoken in the District at one or more of these meetings, and
publicize the availability of these services. Within 45 days after completing its needs survey,
the District will report the results of the survey to the United States, along with a summary of
steps it plans to take in response to survey results.
30. The District will solicit feedback from its Cultural Liaisons at a minimum, annually, on ways
to further improve its communications with LEP parents.

Reporting
31. For the duration of this Agreement, the District will preserve and maintain all records and
documents, including all electronically stored information, relevant to its compliance with
the Agreement, and will provide such information to the United States upon request.
32. On November 15 of each year this Agreement is in effect, the District will provide to the
United States:
a. A list of all LEP parents who enrolled students into District schools during the
reporting period, including the: i) parent’s names; ii) student’s names and grade
levels; iii) student’s school; iv) parent’s preferred language of communication; v) date
of initial enrollment; vi) date the requested language assistance services were
provided for the enrollment process; and vii) type(s) of language assistance service(s)
provided during the enrollment process.
b. A list of all parents in the District whose preferred language of communication is not
English, including: i) each parent’s preferred language of communication; and ii) all
schools where they have a child enrolled.
c. A copy of all complaints relating to language assistance services received by the
District or any of its schools, and a copy of all investigations, responses, or other
documents generated in response to the complaint.
Enforcement
33. The United States, through its representatives and any consultant or expert it may retain, has
the right, with at least 30 days advance notice, to conduct site visits, interview staff and
students, and request such additional reports, information, or data necessary to evaluate the
District’s efforts to fulfill the terms of this Agreement and its compliance with the EEOA.
The District will make all requested reports, information, or data available to the United
States for its review within 30 days, unless otherwise agreed by the Parties. The United
States also may speak directly, without District counsel, with District employees who are not
administrators or central office staff. District employees may elect to have District counsel
present upon request.
34. The District understands and acknowledges that, in the event of a material breach by the
District of this Agreement, the United States may initiate judicial proceedings to enforce the
EEOA and the specific commitments and obligations of the District under this Agreement.
Once the United States notifies the District, in writing, that the District is in material breach
of this Agreement and specifies the basis for such conclusion, this notification will trigger the
negotiation requirement in this Paragraph. The Parties agree to meet to discuss any alleged
breaches identified by the United States within 30 days of notification, and then to negotiate
in good faith to resolve any alleged breaches for a minimum of 30 days. Venue for any
dispute or enforcement of this Agreement will be the United States District Court for the
District of Colorado.
35. This Agreement constitutes the entire agreement between the United States and the District,
and no 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, are
enforceable. This Agreement can only be modified by mutual written agreement of the
Parties.
36. If any part of this Agreement is for any reason held to be invalid, unlawful, or otherwise
unenforceable by a court of competent jurisdiction, such decision will not affect the validity
of any other part of the Agreement. The District and United States will meet within 15 days
after a court’s decision to determine whether the Agreement should be revised or
supplemented in response to the court’s decision.
37. The persons signing on behalf of each Party represent that they are authorized to bind their
respective Parties to this Agreement. This Agreement will be binding upon the District and
all future successors. The District understands and acknowledges that this Agreement does
not relieve the District from its other obligations under the EEOA or other federal laws.
Consistent with its responsibility to enforce the EEOA, the United States retains the right to
investigate and, where appropriate, initiate judicial proceedings concerning any future
alleged violations of the EEOA by the District.
38. This Agreement is a public document. A copy of this Agreement or any information
contained therein may be made available to any person.
39. This Agreement will remain in effect for at least three school years from the Effective Date
of this Agreement, provided that the District complies fully with the terms of this Agreement.
Prior to three school years from the Effective Date, the United States may, upon written
notice to the District of its compliance concerns, extend the term of the Agreement to
monitor outstanding compliance concerns. After the United States provides the requisite
notice to the District, the District will be provided with an opportunity to respond.

For Cherry Creek School District No. 5:
Christopher Smith
Superintendent
Cherry Creek School District No. 5

Sonja McKenzie
General Counsel
Cherry Creek School District No. 5

For the United States:
COLE FINEGAN
United States Attorney for the District of Colorado

KRISTEN CLARKE
Assistant Attorney General Civil Rights Division

SHAHEENA A. SIMONS
Chief

ZEYEN J. WU
Assistant United States Attorney

MARK A. DANN
Senior Trial Attorney