Paragraph 23. The District, by and through its undersigned representative,* agrees to the terms of this successor Settlement Agreement in order to address and resolve the noncompliance findings raised as of the date of this Agreement by the Civil Rights Division of the United States Department of Justice and the Office for Civil Rights of the United States Department of Education (hereafter, collectively, “the United States”) regarding the adequacy of the District’s provision of services to ELLs, implicating the District’s obligations under the Equal Educational Opportunities Act of 1974, 20 U.S.C. § 1703(f) (EEOA) and Title VI of the 1964 Civil Rights Act, 20 U.S.C. § 2000d et seq., and its implementing regulations at 34 C.F.R. part 100 (Title VI). This successor Agreement replaces and supersedes the Settlement Agreement entered into by the United States and the District on October 1, 2010.
Paragraph 24. By entering this Agreement, the District does not concede that its prior conduct could give rise to a finding of liability, or that the specific terms contained herein are mandated by the Federal law cited above or by any pertinent statute or provision of the Federal or state Constitutions.
Paragraph 25. In consideration for the commitments made herein by the District, the United States agrees not to initiate judicial proceedings to enforce those requirements of the EEOA and Title VI that are addressed by this Agreement.** This commitment does not relieve the District from fulfilling any other obligations under the EEOA and Title VI nor of any other obligations to comply with any existing court order pertaining to the rights of ELLs.
Paragraph 26. This successor Settlement Agreement shall become effective on the date of its execution by both parties and shall remain in effect until such time as the United States determines the District has complied with its obligations under the EEOA and Title VI, provided that, the parties may, upon mutual written agreement, amend this Agreement to address changed circumstances and/or to improve the delivery of services to ELLs. The District understands that the United States will not close the monitoring of this Agreement until it determines that 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.
Paragraph 27. As required by Title VI and the EEOA, the School District shall not discriminate on the basis of national origin with respect to its educational programs and benefits and shall take appropriate action to overcome language barriers that impede equal and meaningful participation by ELLs in its instructional programs. See 20 U.S.C. § 2000d et seq.; 20 U.S.C. § 1703(f).
* The District representative, by signing this document, gives assurances that she has the authority to bind the District, including successor administrators and members of the Boston School Committee, for the Agreement’s duration.
** The parties understand that Title VI and the EEOA do not mandate any particular methodology for providing instruction to ELLs. To the extent specific methodologies are set forth in this Agreement, they reflect methodologies that have been voluntarily selected by the District, and in some cases the State, to satisfy the District’s obligation to provide educational services, programs, and benefits to ELLs.