Enforcement

Paragraph 106. The District shall maintain electronic and hard copy records of information and data pertinent to compliance with the terms of this Agreement and understands that by signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Agreement. Further, the District understands that during the monitoring of this Agreement, if necessary, the United States, through its representatives and any consultant or expert it may retain, may visit the District, interview staff and students, and request such additional reports, information, or data as are necessary for the United States to determine whether the District has fulfilled the terms of this Agreement and is in compliance with the EEOA and the regulation implementing Title VI at 34 C.F.R. § 100.3(a), which was at issue in this case. The District shall honor any such requests by making the requested reports, information, or data available to the United States for its review and duplication within 30 days.

Paragraph 107. 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 shall not affect the validity of any other part of the Agreement. Furthermore, the District and United States shall meet within 15 days of any such decision to determine whether the Agreement should be revised or supplemented in response to the court's decision.

Paragraph 108. The District understands and acknowledges that in the event of a breach by the District of this Settlement Agreement, the United States may initiate judicial proceedings to enforce the EEOA, Title VI, and the specific commitments and obligations of the District under this Settlement Agreement; provided that the United States agrees that it will not initiate or pursue any enforcement action without first attempting to resolve issues by negotiating in good faith for 30 days, or until the parties reach an impasse, whichever comes sooner, over adequate measures to correct any alleged shortcomings in the District’s compliance with this Agreement.

Paragraph 109. The District understands and acknowledges that the United States, consistent with its responsibility to enforce the EEOA and Title VI, retains the right to investigate and, where appropriate, initiate judicial proceedings concerning any future alleged violations of the EEOA and Title VI by the District. Representatives of the United States may speak directly, without District counsel, with District employees who are not administrators and have questions, concerns, or other information to raise with the United States regarding the District’s ELL obligations under the EEOA and this Agreement, provided that: representatives will give reasonable notice to the District of their intention to visit a school; will not object to being accompanied by District representatives; and will cooperate in visit scheduling as necessary to accommodate the District..

Paragraph 110. The following signatures indicate the consent of the parties to the terms of this Settlement Agreement, which is effective upon its mutual execution.

For the United States:

THOMAS E. PEREZ

Assistant Attorney General

ANURIMA BHARGAVA

EMILY H. MCCARTHY

CHRISTOPHER AWAD

JONATHAN FISCHBACH

U.S. Department of Justice

Civil Rights Division

Educational Opportunities Section

601 D. Street, N.W., Suite 4300

Washington, D.C. 20530

Phone: (202) 514-4092

Fax: (202) 514-8337

RUSSLYNN ALI

Assistant Secretary for Civil Rights

THOMAS HIBINO

TRINA INGELFINGER

PHILIP CATANZANO

ERIC OLICK

FRED DOW

KATHRYN UPATHAM

U.S. Department of Education

Office for Civil Rights, 8th Floor

5 Post Office Square, Suite 900

Boston, MA 02109-3921

Phone: (617) 289-0111

Fax: (617) 289-0150

For the Boston Public Schools:

Dr. Carol R. Johnson

Superintendent

Boston Public Schools

26 Court Street, 7th Floor

Boston, MA 02108

Alissa Ocasio

Legal Advisor

Boston Public Schools

Phone: (617) 635-9050

Fax: (617) 635-9059

APPROVED AS TO FORM

William F. Sinnott

Corporation Counsel

City of Boston