Settlement Agreement Redacted)

8/2/2019 Settlement Agreement Redacted)

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(Additional counse1listed on next page)13 Attorneys for Plaintiffs14 UNITED STATES DISTRICT COURT15

Defendants.

1 MARK D. ROSENBAUM (SBN 59940)(mrosenbaum(a),aclu-sc.org)2 DAVID B. SAPP (SBN 2(4464)(ds~p}J_(a),ac1u-sc.org3 ACLU'FOUNDATION OF SOUTHERNCALIFORNIA4 1313 W. 8th StreetLos Angeles, CA 900175 Telephone: (213) 977-5220Facsimile: (213) 417-22206 HERNAN VERA (SBN 175149)7 (hvera(a),pJ.lbliccounsel.org)LAURX-PAER (SBN 223846)8 (lfaer(a),p_!.lbliccounsel.org)ARIErWANDER (SBN 246992)9 (awander(a),publiccounsel.org)PUBLIC COUNSEL10 610 South Ardmore AvenueLos Angeles, CA 9000511 Telephone: (213) 385-2977Facsimile: (213) 385-908912

PAULA D. PEARLMAN (SBN 109038)(paula. pear lman(a),lls.edu)SHAWNAL. pARKS (SBN 208301)(shawna.parks(a),lls.edu)SURISA -mvERS (CA SBN 250868)(surisa.riverscalls.edu)DISABILITY1liGHTS LEGALCENTER919 Albany StreetLos Angeles, CA 90015Telephone: (213) 736-8366Facsimile: (213) 487-2106

FOR THE CENTRAL DISTRICT OF CALIFORNIA

19 Plaintiffs, IPROPOSEDl CLASS-ACTIONSETTLEMENT AGREEMENT


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1 DENNISD.PARKERe @[email protected])2 Pro Hac Vice)AURENCE M. SCHWARTZTOL3 (lSChwartztol~ac1u.org)(Pro Hac Vice4 AMERICAN IVIL LIBERTIES UNION FOUNDATIONNATIONAL LEGAL DEPARTMENT5 125 Broad Street, 18th FloorNew York, NY 100046 Telephone: (212) 549-2500Facsimile: (212) 549-265478910111213141516171819202122232425262728


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SETTLEMENT AGREEMENT2 1. This Settlement Agreement is agreed to and entered into by and3 between (1) plaintiffs Casey A., Carl C., and Miguel B. ("Class Representatives"),4 individually and on behalf of all members of the Settlement Class hereinafter5 defined ("Class Members"); and (2) defendants Jon R. Gundry, in his official6 capacity, Interim Superintendent, Los Angeles County Office of Education7 ("LACOE"), and any successor, consistent with Paragraph 75; and Los Angeles8 Probation Department ("Probation") (collectively "Defendants"), subject to final9 approval of the Court.

1011 2.

I. BackgroundOn January 12,2010, Class Representatives filed a class action

12 complaint against Defendants, alleging that the rehabilitative and educational13 programs at Challenger Memorial Youth Center ("Challenger") and the Challenger14 Center School (hereinafter "Christa McAuliffe High School") in Lancaster,15 California were constitutionally deficient. Class Representatives are represented by16 the ACLU Foundation of Southern California, Public Counsel, Disability Rights17 Legal Center, and the American Civil Liberties Union Foundation (collectively18 "Class Counsel").

3. On March 10, 2010, the parties submitted a stipulation staying the920 litigation. Among other provisions, the stipulation called for an interdisciplinary21 team of experts (hereinafter "2010 Review Team") to complete a site visit at22 Challenger and then to develop a plan to transform the education and rehabilitative23 program at Challenger. The parties agreed that the content of that plan would serve24 as the basis for further negotiations regarding the possibility of resolving this25 litigation. On March 15,2010, the Court granted the parties' request for a stay in26 litigation to allow further negotiations, and the Court extended the stay on July 8,27 2010.28


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1 4 . The 2010 Review Team assembled by the parties consisted of seven2 members, who are recognized among the nation's leading experts in the delivery of3 appropriate education and rehabilitative services in juvenile and correctional4 institutions. Two of the seven members of the 2010 Review Team were chosen by5 the Defendants and the other five were chosen by the Plaintiffs. Each member of the6 2010 Review Team has extensive academic and practical experience in assuring the7 delivery of appropriate services to youth detained in juvenile facilities. The8 curricula vitae of each member of the 2010 Review Team are attached hereto as9 Exhibits 1-7.

5 .10 After completing its site visit in April 2010, the 2010 Review Team11 issued a report ("Report") and accompanying action plan ("Action Plan") on July 13,12 2010. The Review Team, in collaboration with the parties, subsequently revised the13 Action Plan. The finalized Action Plan is attached as Exhibit 8; the Report is being14 filed separately with the Court under seal. All references to the Action Plan15 hereafter are to the finalized Action Plan. Over three days in July 2010, members of16 the 2010 Review Team presented their findings and recommendations to the parties,17 to senior administrators within LACOE and Probation, and to staff and18 administrators at Challenger.19 6. Thereafter, the parties resumed negotiations centered on implementing20 the 2010 Review Team's Report and Action Plan and have now agreed to resolve

this case by adopting the framework established by the 2010 Review Team's Report2122 and Action Plan. As indicated by the signature of counsel and the parties at the end23 of this document, the parties have entered into this Agreement and agree that entry24 of this Agreement is appropriate because its terms resolve any and all disputes as to25 the legal rights and remedies at issue in this case.262728

II. Certification of Class For Purposes of Settlement

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1 7. The Class Representatives and Defendants agree and stipulate to2 certification of the following class for the purposes of settlement:

Settlement Class: All youth who were detained at Challenger MemorialYouth Center at any point between January 12, 2008 and the date this

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Agreement is executed.III. Areas for Systemic Reform at Challenger

8. Defendants agree to implement a detailed action and compliance plan8 ("Detailed Plan") for each of the following thirteen areas identified in the 20109 Review Team's Report and Action Plan (hereinafter "Areas for Reform"):10 A. Leadership, Administration, and Management

B. Data Management1112131415161718192021222324

C. InstructionD. LiteracyE. Positive Behavior SupportF. Special EducationG. Career and Technical EducationH. Special Activities1. Transition and AftercareJ. PartnershipsK. Safety and Crisis PlanningL. Discipline and Special Housing UnitM. Sustainability and Quality Assurance

IV. Development and Implementation of Detailed PlansDefendants, in consultation with Class Counsel, shall establish two.

25 entities responsible (together with administrators within LACOE and Probation with26 responsibility for overseeing and managing Challenger) for developing,27 implementing, and monitoring implementation of the Detailed Plan for each of the28 3


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1 Areas for Reform: (1) the Challenger Technical, Compliance, and Advisory Team2 and (2) the Challenger Reform Taskforce.34 v. Challenger Technical, Compliance. and Advisory Team10. The Challenger Technical, Compliance, and Advisory Team ("TCA5 Team") will be responsible for: (1) assisting LACOE and Probation staff in6 developing the Detailed Plan for each Area of Reform; (2) assisting the7 administrator(s) within LACOE and Probation with responsibility for each Area for8 Reform with implementation of the Detailed Plan for that Area for Reform; (3)9 monitoring and ensuring compliance with each and every Detailed Plan; and (4)

10 preparing progress and compliance reports on Defendants' implementation of the11 Detailed Plans.12 11. Initial Composition of TCA Team. For the two years immediately13 following the execution of this Agreement, the TCA Team will consist of three14 members of the 2010 Review Team with sufficient background and expertise to1 5 develop a Detailed Plan for all of the Areas for Reform. Dr. Peter Leone and Dr.16 Alice Parker will chair the TCA Team, and Richard Krause will be the other member17 of the TCA Team. Dr. Leone's curriculum vitae is attached as Exhibit 1, Dr.18 Parker's curriculum vitae is attached as Exhibit 2, and Richard Krause's curriculum19 vitae is attached as Exhibit 3. No later than 10 days after the execution of this20 Agreement, the TCA Team will notify the counsel for the parties in writing which21 Areas for Reform each member of the TCA Team will be responsible for overseeing.

12. Development and Implementation of Detailed Plans. Within 45 days of2223 the execution of this Agreement, each member of the TCA Team will complete a site24 visit to Challenger and, in conjunction with relevant staff at Challenger and in25 Probation and LACOE central offices, develop a Detailed Plan for each Area for26 Reform that the member of the TCA Team will oversee. During the site visit to

Challenger, each member of the TCA Team will meet with LACOE's Challenger4

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1 Leadership Team and review any and all reform efforts underway at Challenger,2 including any written policies or plans relevant to the Areas for Reform. The TCA3 Team will submit the finalized Detailed Plan for each Area for Reform to the parties4 no later than 60 days after this Agreement is executed.5 13. Each Detailed Plan must contain, at a minimum, the components6 identified in the 2010 Review Team's Action Plan, including monitoring and7 reporting requirements. In general, each Detailed Plan should also comply with any89 temporal benchmarks specified in the 2010 Review Team's Action Plan, but aDetailed Plan may deviate from the temporal benchmarks included in the 2010

10 Review Team's Action Plan if the chairs of the TCA Team conclude, based on11 information obtained during the site visit and from consulting with relevant staff at12 Challenger, with LACOE's Challenger Leadership Team, and with relevant staff in13 Probation and LACOE central offices, that a different temporal benchmark is14 necessary to ensure that Defendants can realistically comply with that temporal15 benchmark. To the extent temporal benchmarks in a Detailed Plan deviate from the16 temporal benchmarks specified in the 2010 Review Team's Action Plan, the17 Detailed Plan shall explicitly note the deviation and shall explain the reason such a1819

deviation was necessary.14. The following review process shall apply to the Detailed Plans after

20 they are submitted to the parties by the TCA Team:2122232425262728

Class Counsel shall have five business days after receipt of the Detailed Plansto review the Detailed Plans for the purposes of ensuring that they comply withlegal requirements and shall submit in writing to the TCA Team and counselfor Defendants any concerns about whether the Detailed Plans conform withfederal and state law. The TCA Team shall then have five days to reviewthose concerns and respond to them in writing, either by modifying the

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18 Agreement unless and until they are approved by the entire Challenger TCA Team19 after Class Counsel has had the opportunity to raise concerns about the Detailed20 Plans' conformity with federal and state law and changes to temporal benchmarks

through the process described in paragraph 14.16. After the Detailed Plans are adopted, the Chairs of the TCA Team will

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Detailed Plans to address the concerns or by explaining why, notwithstandingClass Counsel's concerns, the Detailed Plans should not be modified.

To the extent temporal benchmarks in the Detailed Plans deviate from anytemporal benchmarks specified in the 2010 Review Team's Action Plan, ClassCounsel shall have five days after receipt of the Detailed Plans to submitwritten concerns about such deviations to the TCA Team and counsel forDefendants. Counsel for Defendants shall then have five days to respond inwriting. The TCA Team shall then have an additional five days to reviewClass Counsel's concerns and any response from Counsel for Defendants andto respond to Class Counsel's concerns in writing, either by modifying thetemporal benchmarks in the Detailed Plans to address the concerns or byexplaining why, notwithstanding Class Counsel's concerns, the deviation fromthe temporal benchmarks in the 2010 Review Team's Action Team isnecessary. However, no deviation shall be more than four months from theinitial temporal benchmark without the approval of Class Counsel, and suchapproval shall not be unreasonably withheld.15. The Detailed Plans will not be deemed adopted for the purposes of this

23 visit Challenger for a maximum aggregate of 22 school days every three months to24 inspect progress in implementing the Detailed Plans for which that member of the25 TCA Team has responsibility. During the site visits, the members of the TCA Team26 will meet with members of the Challenger Reform Taskforce (described in Section27 VI) and other relevant stakeholders to assess progress in implementing the Detailed

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1 Plans. The Chairs of the TCA Team shall have the ability to use up to 10 days of2 their 22 school day maximum to contract with other experts to provide training or3 support in the Areas of Reform. However, the cost for any contracted expert shall4 not exceed the maximum allowable cost for the TCA Team member.

17. Notwithstanding the forgoing paragraph, Richard Krause will visit56 Challenger for a maximum of 45 school days every three months for the first year to7 provide ongoing assistance to site administrators and, where appropriate, central8 office personnel. After the first year, this member's maximum hours would drop to9 11 school days every three months.

18. Six months after the Detailed Plans are adopted, the TCA Team will1011 meet to review how many of the days specified in paragraphs 16 and 17 they have12 used, to evaluate Defendants' progress in implementing the Detailed Plans, and to13 determine whether they will continue to use the maximum allocation of days14 specified in paragraphs 16 and 17.

19. Change inComposition after Two Years. Two years after the execution1516 of this Agreement, the TCA Team will change from three members to two members17 and will consist only of Dr. Peter Leone and Dr. Alice Parker. At this time, the two18 members of the TCA Team will be jointly responsible for monitoring and assisting19 in implementation of the Detailed Plans for all Areas for Reform, and one or more of

the TCA Team members shall visit Challenger for a minimum of 6 days every three2021 months. Ifthe three members that initially compose the TCA Team determine that22 Defendants are ahead of schedule in implementing the Detailed Plans such that the23 continued involvement of all three members of the TCA Team is no longer24 necessary, and if counsel for all parties mutually agree, the TCA Team may change25 from three to two members prior to two years after the Execution of this Agreement.

20. Progress Reports. The members of the TCA Team shall prepare and2627 submit to the parties reports detailing Defendants' progress in implementing and28 7


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1 complying with the Detailed Plans on a quarterly basis for the first two-year period2 following the Court's final approval of this Agreement. Thereafter, the TCA Team3 shall prepare and submit to the parties reports detailing Defendants' progress in4 implementing and complying with the Detailed Plans no less than twice per year.5 All progress reports will address each Area for Reform.6 21. Three- Year Evaluation by TCA Team. In the second progress report7 submitted by the TCA Team to the parties during the third year after the Court's8 [mal approval of this Agreement, the TeA Team shall specifically determine9 Defendants' progress in complying with each provision of each Detailed Plan. Ifthe

10 TeA Team unanimously concludes that monitoring of Defendants' compliance with11 the Detailed Plans is no longer required because Defendants are in compliance with12 and fully implementing each Detailed Plan, the TCA Team shall provide in that13 progress report a recommendation, with a detailed basis for its recommendation, on14 the need for continued monitoring. Ifthe TCA Team unanimously concludes that15 monitoring is no longer required, the Court shall be so notified of the16 recommendation that monitoring cease and jurisdiction shall be terminated,1718 the TCA Team, for whatever reason, is no longer able to serve on the TeA Team,19 the parties agree that the following process will govern the identification and

22. Replacing Members of the TeA Team. In the event that a member of

20 appointment of a replacement:A. Within three weeks, the remaining member(s) of the TeA Team will

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nominate three individuals who are qualified and willing to fulfill theduties of the departing member of the TeA Team.

B. The parties will review those individuals' qualifications and maycontact them to discuss their background, experience, and ability toserve on the TeA Team.


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C. No later than two weeks after receiving the list of nominees from theremaining member(s) of the TCA Team, the parties will communicateany preferences for or concerns about the three nominees to theremaining member(s) of the TCA Team.

D. The remaining member(s) of the TCA Team will then select thereplacement for the departing member of the TeA Team.

23. Reasonable Access. Throughout the course of the TeA Team's8 involvement, its members shall have access to personnel and documents, consistent9 with the operational needs of the camp and school, including at least the following:

Full access to the grounds at Challenger, including, but not limited to, abilityto observe classes in session, movement to and from classes, and dorms;

Ability to talk with, consult with, and interview supervisory and line stafffrom LACOE and Probation, including, but not limited to, the facility director,supervising probation officers, probation officers, the Christa McAuliffe HighSchool principal and assistant principals, teachers, para-educators, schoolpsychologists and counselors, and other school support staff includingsubstitute and!or temporary staff for any of these positions;

Ability to interview youth detained at Challenger individually, althoughProbation shall have the obligation to notify the Public Defenders' office thatthe TeA Team will be on site;

Access to staff records including, but not limited to, logs and schedules, intakeassessments (if any), performance assessments and reviews, class schedules,teacher development, and credentialing information;

Access to school records, in compliance with relevant privacy laws, including,but not limited to, attendance logs, intake and student assessment and gradingsystems, record keeping system, special education service and classroom logs,and school discipline reports; and

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A. One permanent teacher assigned to teach at Christa McAuliffe HighSchool;

B. One Deputy Probation Officer assigned to Challenger;C. The Principal of Christa McAuliffe High School;D. The Director designated by Probation to oversee reform efforts at

Challenger;E. One parent of a student who was formerly detained at Challenger within

the last 6 months to a year, with the additional condition that the parentnot have another child currently detained at Challenger;

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Access to Probation records, in compliance with relevant privacy laws,including, but not limited to, disciplinary reports and grievance proceduredocuments related to educational services, incidents that occurred inclassrooms, and incidents that occurred during movement to and from class.

5 The members of the TCA Team will be jointly retained by the parties and shall sign6 an agreement acknowledging that the member will comply with relevant privacy and7 confidentiality laws.89 24.

VI. Challenger Reform Taskforce ("Taskforce")The Taskforce will be responsible for: (1) providing information and

10 feedback relevant to the reform efforts at Challenger; (2) serving as a liaison to11 individuals at Challenger and community stakeholders and, in their discretion,12 relaying suggestions or feedback from these sources about the development or13 implementation of the Detailed Plans; (3) meeting with members of the TCA Team;14 and (4) writing a report two times per year on the implementation of the Detailed15 Plans and the quality of educational and rehabilitative programming available to16 youth detained at Challenger.

25. Composition of Taskforce. The Challenger Reform Taskforce will718 consist of stakeholders at Challenger, as follows:19202122232425262728


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F. One representative from a community-based organization that providestransition or other support services to youths when they are releasedfrom Challenger;

G. One member of the Los Angeles Probation Commission;H. One member of the Challenger TCA Team; and

6 1. One former student of the Christa McAuliffe High School.7 Each member of the Taskforce shall have to submit to a background check through8 LiveScan or some other service and any additional requirements for volunteers at9 school sites, unless one of the Defendants has a current background check on file for

10 that individual and the other school requirements have been met.26. The Principal of Christa McAuliffe High School and the Director

12 designated by Probation to oversee reform efforts at Challenger shall co-chair the13 Taskforce, and the member of the TCA Team shall have primary responsibility for14 drafting the Taskforce's status reports.15 27. Defendants agree to allow members of the Taskforce who are their16 employees to attend the meetings, if the meetings are scheduled during that17 employee's scheduled work day.

28. Members of the Taskforce shall be appointed no later than 45 days after819 this Agreement is executed. Class Counsel, to the extent they have a candidate, and20 Defendants shall nominate one candidate for the parent, student, and community-21 based organization members of the Taskforce within 30 days of the execution of this22 Agreement. They shall then meet and confer to attempt to select the individual who23 will fill each position. In the event that the parties cannot reach consensus on who24 will fill each position on the Taskforce, the chairs of the TCA Team shall make the25 final decision. LACOE shall nominate the teacher member, and Probation shall26 nominate the DPO member. Class Counsel shall be able to object to the nomination2728


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1 of the teacher or DPO member, and the parties will endeavor to agree on a2 replacement for that position.

29. Publication of Contact Information. Defendants shall take reasonable34 steps to ensure that relevant stakeholders at Challenger and in the community are5 aware of the Taskforce's existence and responsibilities and to make the contact6 information for members of the Taskforce available to interested individuals. At a7 minimum, Defendants shall take the following steps to notify stakeholders how to8 contact members of the Taskforce, subject to consent of each Taskforce member:

LACOE shall post the contact information for the permanent teacher and the9Christa McAuliffe High School administrator who are members of theTaskforce inall break rooms, teachers' lounges, and mail rooms at Challengerto which LACOE employees have access, and in any other location whereLACOE posts legal notices or announcements to its employees.

Probation shall post the contact information for the Deputy Probation Officerand Camp Director or other supervisor assigned to Challenger who aremembers of the Taskforce in all break rooms and mail rooms at Challenger towhich Probation employees have access, and in any other location whereProbation posts legal notices or announcements to its employees.

LACOE and Probation shall establish an email account for each member ofthe Taskforce. The email account may be through a free email service such asGmail.

LACOE and Probation shall include the contact information for the parentmember of the Taskforce in a letter sent by Defendants using certified mail tothe parents or guardians of students who are detained at Challenger within 10days of their initial placement at Challenger. Ifa certified mailing is returned,then the first time that youth's parent or guardian visits the youth at

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Challenger, Probation shall ensure that a copy of the letter is provided to theparent or guardian.

LACOE and Probation shall develop and publish a webpage, with a linkdirectly from the homepage of their respective websites, providing the nameand contact information for all members of the Taskforce, except for thestudent member.

LACOE shall ensure that the Taskforce's reports are provided to boardmembers for the first regular LACOE board meeting held after the release ofthe report.30. Meeting Schedule. The Taskforce shall meet at least once a month for11 the first six months of its existence, and at least once every two months thereafter at

12 a location, date, and time convenient to all members and taking into account the13 special needs of community, parent, and student participants. Members of the14 Taskforce shall be available to meet with members of the TCA Team when they visit15


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1 32. Status Reports. The Taskforce shall prepare and submit status reports2 two times per year to the TCA Team and the parties. The status reports shall not3 identify any youth by name. The status reports will address: progress in4 implementing the Detailed Plans; compliance with deadlines or temporal5 benchmarks established by the Detailed Plans; areas where additional attention is6 needed to ensure compliance with the Detailed Plans; and feedback from relevant7 stakeholders on progress at Challenger. The status reports may include89

recommendations based on input from students, teachers, parents, communitystakeholders, LACOE administrators and staff, and Probation administrators and

10 staff. The status reports shall be posted on the website described in paragraph 29.11 To the extent the status report identifies any LACOE or Probation employee by12 name, a version of the report redacting all employee names shall be posted on the13 website described inparagraph 29 instead of the original report.

33. Replacing Members of the Taskforce. In the event that a member of the1415 Taskforce, for whatever reason, is no longer able or eligible to serve on the16 Taskforce, the parties agree that the following process will govern the identification17 and appointment of a replacement:1819202122232425

A. Within three weeks, Class Counsel and Defendants will each nominatea replacement for the departing member of the Taskforce.

B. The parties shall then meet and confer to attempt to select the individualwho will fill the vacant position.

C. In the event that the parties cannot reach consensus on who will filleach position on the Taskforce, the chairs of the TCA Team shall makethe final decision.

34. Reasonable Access. Members of the Taskforce will be granted26 reasonable access to personnel, including, but not limited to, the ability to meet with27 staff and youth at Challenger. Defendants will develop a process to ensure that28 14


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1 youth detained at Challenger who wish to express concerns or provide feedback to2 the Taskforce may do so confidentially.

VII. Changes or Modifications to Detailed Plans4 35. The parties agree that successful implementation of the reforms5 necessary to address the deficient educational and rehabilitative services currently6 available at Challenger is most likely if there is a free exchange of ideas and7 information among the parties, the TCA Team, the Taskforce, and stakeholders at8 Challenger. Accordingly, the parties agree that Class Counsel, Defendants,9 members of the Taskforce, and members of the TCA Team should feel free to offer

10 suggested improvements to the Detailed Plans or ongoing efforts to implement thoseplans.

36.1112 The parties further agree that a Detailed Plan may be modified after it is13 adopted in response to changing circumstances at Challenger. Nonetheless, once a14 Detailed Plan is adopted, it shall be modified only if the changes are approved by the15 chairs of the TCA Team. Any such proposed changes shall be submitted in writing16 to the chairs of the TCA Team. The TeA Team will then evaluate whether to17 propose that such a change be made to the Detailed Plan. In the event that the TCA18 Team proposes that such a change be made, that proposal will be provided in writing19 to Class Counsel, who will then have ten days in which to submit in writing any20 concerns about the proposed change, and the TCA Team shall not approve a21 modification to any Detailed Plan until the ten days have elapsed.2223

VIII. Discipline and Accountability for Employees at Challenger37. The parties agree that improving supervision of and accountability for

24 Defendants' employees assigned to Challenger and overseeing Challenger is25 essential to guarantee that youths' constitutional and statutory rights are not violated.26 Specifically, the parties agree that without specific steps to improve attendance by27 teachers and other educational staff at Challenger, to ensure adequate oversight over28 15


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McAuliffe High School in writing of the LACOE policy that teachersare expected to arrive to work on time and that failure to do so willresult in disciplinary action.

B. Within 60 days of the execution of this Agreement, the SuperintendentofLACOE through his designee shall inform all employees at ChristaMcAuliffe High School in writing of the LACOE policy that teachers atits juvenile court schools are expected to provide instruction that

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1 Challenger, and to ensure adherence to the programmatic changes mandated by the2 Detailed Plans, efforts to improve educational and rehabilitative services at3 Challenger are likely to fail.

38. Because of the complexity of the need for reform and improvement at5 Challenger, it is agreed that an individual with oversight and supervisorial6 responsibilities be designated by LACOE to expend the majority of his or her time in7 implementing the Detailed Plans contemplated by this Agreement. That individual8 should not be responsible for a broad spectrum of operations within LACOE's9 Juvenile Court Schools system. The designated individual is the regional director

10 for the Challenger Principal Administrative Unit. The regional director will report11 status of progress on the Action Plan and the Detailed Plans to the administrator12 designated by the Superintendent ofLACOE to implement this Agreement.

39. The parties also agree that Defendants have authority under current law14 and labor contracts to ensure employees meet their professional obligations and

comply with the Detailed Plans that will be developed. Accordingly, Defendants1516 agree to take the following steps to ensure professionalism and compliance with the17 terms of this Agreement by its staff at Challenger, in addition to any relevant18 requirements outlined in the Detailed Plans;

A. Within 60 days of the execution of this Agreement, the Superintendentof LACOE through his designee shall inform all employees at Christa

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complies with the Board adopted curriculum and state standards andthat the failure or willful refusal to do so will result in disciplinaryaction.

C. Within 90 days of the execution of this Agreement, LACOE shalldevelop a system and database for tracking the arrival of its teachers toChallenger and documenting late arrivals and absences.

D. Within 90 days of the execution of this Agreement, LACOE shalldevelop a program at Challenger requiring its administrators to conductunannounced classroom observations of every permanent teacher atleast once a month and to document each teacher's compliance with theBoard policy regarding compliance with the Board-adopted curriculumand state standards.

E. LACOE shall provide copies of the teacher attendance records anddocumentation of the classroom observation program, including amaster schedule and the observations, to Class Counsel and the TCATeam on a monthly basis.

F. Within 60 days of the execution of this Agreement, DefendantProbation shall adopt a policy designating Probation staff whose soleresponsibility during the hours school is insession is to monitorclassrooms at Challenger; specifying that these staff members shallspend at least 75 percent of the time that they are on duty during thehours school is in session in classrooms, absent an emergency or someother exigency; providing specialized training to those staff members;and defming their role as supporting the educational program in thatclassroom and helping students to remain in class and on task for theduration of the school period and school day.

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G. Within 90 days of the execution of this Agreement, DefendantProbation will develop a program at Challenger requiring centralizedmonitoring by a supervising Deputy Probation Officer or CampDirector to document any instances of non-compliance with the policyrequiring Probation staff assigned to monitor classrooms to be inside aclassroom.

H. Defendant Probation shall provide documentation of the centralizedmonitoring program, including a master schedule and results of themonitoring program, to Class Counsel and the TCA Team on a monthlybasis.

IX. Compensatory Services for Settlement Class40. Within 15 days of the execution of this Agreement, Defendants shall

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10111213 retain Peter Leone to calculate an appropriate formula for determining the14 Compensatory Service Package to which each member of the Settlement Class is15 entitled. The amount for the expert, including expenses, shall not exceed $5,000.00.

41. The expert shall conduct a random sampling of the records of students17 who were detained at Challenger from January 12, 2008 through the date this18 Agreement is executed. The factors the expert will evaluate shall include, but are19 not limited to, the following: frequency and duration of exclusions from classroom20 instruction, eligibility for special education services, instances where the student was21 enrolled ina course for which he already had credit, significant deficits in literacy or22 numeracy and whether the student received remedial interventions for those deficits23 or made adequate progress to reaching any individualized goals specified for that24 student. Based on that sample, the expert shall devise a formula to calculate the

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Compensatory Service Package to which Settlement Class members are entitled,26 based on the duration of the Settlement Class members' confinement at Challenger.

The expert may establish a single formula that applies to all members of the18

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1 Settlement Class or may establish multiple formulas that differentiate among2 members of the Settlement Class based on relevant characteristics.

42. The expert shall submit a written report to the parties establishing the34 formula within 60 days of the execution of this Agreement. The parties may submit5 written comments in response to the proposed formula up to 10 days after the expert6 submits the written report. Within 5 days, the expert shall then submit a final7 written report to the parties establishing the final formula that shall be used to8 determine the Compensatory Service Package for each member of the Settlement9 Class.

10 43. Within 45 days of final approval of this Agreement by the Court,11 Defendants shall use the formula established by the expert to calculate the12 Compensatory Service Package for each member of the Settlement Class and shall13 provide Class Counsel access to the records used to calculate each Compensatory14 Service Package to verify the accuracy of the calculations.

44. Within 45 days of final approval of this Agreement by the Court,1 516 Defendants shall enter into contracts with certified non-public agencies or other17 private providers ("Providers") that utilize research-based interventions to satisfy the18 Compensatory Service Package for the Settlement Class members. Additionally,19 Defendants must ensure that the Providers with which they contract serve all the20 communities in which members of the Settlement Class reside.21 45. Within 60 days offmal approval of this Agreement by the Court,22 Defendants, in consultation with Class Counsel, shall establish a process by which23 members of the Settlement can utilize their Compensatory Service Packages. The24 process shall include a notice that will be sent to each member of the Settlement25 Class indicating the specific Compensatory Service Package to which he is entitled26 and providing contact information for the Providers that he can contact to utilize the2728 19


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1 Compensatory Service Package. The content and form of this notice must be2 approved by Class Counsel (hereinafter "Compensatory Services Notice").

46. The process shall also include the establishment of a toll-free hotline,34 paid for by Defendants, that members of the Settlement Class can call to receive5 assistance in determining which Provider serves the area in which the member of the6 Settlement Class lives, contacting the appropriate Provider, and addressing any7 difficulty members of the Settlement Class encounter utilizing the Compensatory8 Service Package. The to11-ree number shall be in place for a minimum of six9 months after the Compensatory Services Notice is sent to class members. The form

10 shall be translated into Spanish, and the toll-free hotline must include operators who11 can provide assistance in Spanish.

47. Within 75 days offmal approval of this Agreement by the Court,1213 LACOE shall undertake the mailing of the Compensatory Services Notice to each14 member of the Settlement Class.

48. Class Members shall have two years from the date LACOE mails the1516 Compensatory Services Notices to the Class Members to utilize the hours included17 in their Compensatory Service Packages. Thereafter, any unused balance of hours18 included in a Compensatory Service Package for a Class Member shall expire, and19 Defendants shall not be required to pay for any additional compensatory services20 under this Agreement. This two-year period shall be tolled for the duration of any21 delay in provision of services to a Class Member that is solely attributable to22 Defendants or the Providers with whom they contract, and the Class Member and23 Class Counsel shall promptly notify Defendants of any issues related to interruption24 in services as soon as they are aware of such issues.

x. Compensatory Services for Named Plaintiffs2526 49. Defendants shall provide a final service package of compensatory27 services ("Final Service Package") to each Class Representative consistent with28

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XI. Class Representative Miguel B. 's Claim for Damages52. Defendants agree to pay Class Representative Miguel B. $10,000.00 in

1 Exhibit 9 to this Agreement. Within five days of the execution of this Agreement,2 the parties shall submit a document that is identical to Exhibit 9, except that it3 contains the real names of the Class Representatives, to the California Office of4 Administrative Hearing with a request to issue a Final Order in the due process5 proceedings for each Class Representative consistent with Exhibit 9. To the extent6 that OAR enters an order with a Final Service Package or findings that are different7 than Exhibit 9, the Parties agree that the Final Service Package agreed upon shall8 control and that the services in Exhibit 9 shall be provided. The Parties also agree9 that issuance of the Final Order exhausts the claims of the Class Representatives for

10 all purposes and Defendants shall not assert failure to exhaust as a defense in any11 subsequent proceedings in this case.12 50. Interim Services. Until such time as OAB enters a Final Order,l3 Defendants agree to pay for the Class Representatives to each receive interim14 educational and related services in increments of up to 4 hours per week of intensive15 one-on-one instruction in reading, math, and language skills and/or mental health16 services ("Preliminary Service Package") to be used as needed and at their discretion.17 Defendants shall pay only for instruction or services actually rendered. The services18 will be provided by a certified non-public agency or other private provider selected19 by Class Counsel and shall utilize research-based interventions.

51. The Preliminary Service Package and Final Service Package, taken2021 together for each Class Representative, shall constitute the appropriate compensatory22 service package for each Class Representative. Accordingly, the Class23 Representatives shall not be entitled to additional compensatory services through the24 process outlined in Section IX.252627 damages for pain and suffering within 30 days of the Court's approval of the

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1 required minor's compromise. Upon payment of this sum, Class Representative2 Miguel B. waives any and all claims for monetary damages against Defendants, their3 agents, employees, or employers that arose during the period of his confmement at4 Challenger.56

XII. Class Notice and Settlement Fairness Hearing53. As part of this Agreement, the parties agree to the following procedures

7 for obtaining the Court's preliminary approval of this Agreement, notifying the8 Settlement Class of the terms of the Settlement, obtaining final Court approval of9 this Agreement, and processing claims by members of the Settlement Class for their

10 Compensatory Service Packages.54. Within 90 days of the execution of this Agreement, Counsel for Class11

12 Representatives shall file an Amended Class Action Complaint that includes claims13 under the Individuals with Disabilities Education Improvement Act (IDEA) and14 Miguel B.'s damages claims.

55. Contemporaneously with the filing of the Amended Complaint1516 described in the preceding paragraph, Class Representatives shall request a hearing17 date from the Court for preliminary approval of this Agreement. In conjunction with18 that request, the Class Representatives shall submit the finalized Detailed Plans19 submitted by the TCA Team and the formula established through the process20 outlined in Section IX that will be used to calculate the Compensatory Service

Package for each Class Member, and shall include the proposed forms of all notices2122 and other documents that are necessary to implement this Settlement Agreement,23 with the exception of the Compensatory Services Notice.24 56. Class Representatives shall also request that the Court enter a25 Preliminary Approval Order certifying the Settlement Class, preliminarily approving26 this Agreement, and setting a date for the Settlement Fairness Hearing within 9027 days after entry of the Preliminary Approval Order. The Preliminary Approval

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1 Order shall also approve the form and manner of providing notice to the Class2 Members of the terms of the Settlement Agreement and the schedule for making3 claims, opting out, making objections and/or appearing at the Settlement Fairness

Hearing.57.

45 Counsel for Defendants shall ensure that all notices required by the6 Class Action Fairness Act are sent to appropriate parties as required by that Act.

58. Within 60 days of the execution of this Agreement, Defendant78 Probation shall generate a list of every youth detained at Challenger from January 12,9 2008 until the date this Agreement was executed. The list shall also include each10 youth's last known address and all additional known contact information. Defendant11 Probation shall make reasonable efforts to ensure the contact information is current12 by comparing it against the most current contact information contained in the13 database accessible to Probation Officers stationed in the various juvenile courts in

Los Angeles County Superior Court.59. Within 60 days of the execution of this Agreement, LACOE shall

141516 generate a list of every youth enrolled at Christa McAuliffe High School from17 January 12,2008 until the date this Agreement was executed. The list shall also18 include each youth's last known address and all additional known contact19 information.20 60. Within 75 days of the execution of this Agreement, Defendants LACOE21 and Probation shall cross-check their lists in paragraphs 58 and 59 and create a Joint22 List including all Class Members. A copy of the Joint List shall be provided to23 Class Counsel within 5 days of entry of the Preliminary Approval Order.2425262728

61. Class Notice shall be provided to Class Members as follows:A. Within 10 days of entry of the Preliminary Approval Order, Defendant

Probation shall undertake the mailing of all Class Notices. DefendantProbation shall be responsible for preparing, printing and mailing to Class

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10111213141516171819202122232425262728

Members the Class Notice. A Spanish language translation (prepared byProbation) of all materials mailed to Class Members by DefendantProbation, including on the outside of the mailing itself, shall be includedas a part of the same mailing.

B. Class Notice shall be mailed to Class Members and Potential ClassMembers in a stand-alone mailing which shall not be combined with anyother mailing. The outside front of the envelope or mailing surface shallclearly be printed with the phrase "IMPORTANT SETTLEMENTDOCUMENTS ENCLOSED."

C. Class Notice shall contain appropriate instructions for opting out of theSettlement Class for purposes of compensatory services as discussed inparagraph 63.

D. Defendant Probation shall send a copy of the Class Notice to members ofthe Settlement Class via First Class regular U.S. mail, postage prepaid,using the most current mailing address available. For any Class Noticereturned to Defendant Probation as non-deliverable within 30 days of theoriginal mailing date, Probation shall notify Class Counsel and makeprompt and reasonable efforts to locate the person involved, usingappropriate search methods. If, after undertaking appropriate searchmethods, Probation is still unable to locate the Class Member, Probationshall employ a locator service. Ifnew address information is obtained,Defendant Probation shall promptly re-mail the Class Notice to theaddressee via First Class regular U.S. mail, postage prepaid, using the newaddress. Upon request from Class Counsel, Probation shall submitverification of its prompt and reasonable attempts to locate members of theSettlement Class and mail them the Class Notice. In the event theprocedures in this paragraph are followed and the intended recipient of the

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Class Notice does not receive the Class Notice, the intended recipient shallnevertheless remain a Class Member and shall be bound by all the terms ofthis Settlement Agreement and the Order and Final Judgment.

E. Defendants shall also post the Class Notice in each classroom at CampChallenger, and mail the Class Notice to a list of community organizationsthat work with detained or previously detained youth identified by ClassCounsel. Defendants shall also mail the Class Notice to the school districtslocated in Los Angeles County, to the Los Angeles County Jail, and to theCalifornia Department of Corrections and Rehabilitation.

F. Defendants and Class Counsel shall also post a copy of the Class Notice onthe homepage of each of their websites.

62. Objecting to the Settlement. The Class Notice shall provide that those13 Class Members who wish to object to the settlement prior to the Settlement Fairness14 Hearing must file with the Court and serve on counsel for the parties a written15 statement objecting to the settlement or call a toll free number established and16 monitored by Class Counsel. Class Counsel will provide the Court and Counsel for17 Defendants with transcriptions of any messages left on the toll free objection line.18 Such written statement must be filed with the Court and served on counsel for the19 parties no later than 15 days prior to the Settlement Fairness Hearing. No Class20 Member shall be entitled to be heard at the Settlement Fairness Hearing (whether21 individually or through separate counsel) unless written notice of the Class22 Member's intention to appear at the Settlement Fairness Hearing are served on23 counsel for the parties no later than 15 days prior to the Settlement Fairness Hearing.24 No Class Member may object to this Agreement, unless copies of any written25 objections or briefs are filed with the Court and served on counsel for the parties no26 later than 15 days prior to the Settlement Fairness Hearing. Class Members who fail27 to file and serve timely objections in the manner specified above shall be deemed to28 25


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1 have waived any objections and shall be foreclosed from making any objection2 (whether by appeal or otherwise) to this Agreement.

63. Request for Exclusion (Opt-Outs). Class Members may exclude34 themselves, or opt out, of the class settlement for purposes of compensatory5 education services. Class Members who wish to exclude themselves from the6 Settlement Class for this purpose must submit to Class Counsel and Defendants ~7 counsel a written request to be excluded from the settlement for purposes of8 compensatory education services. The written request must be sent by certified mail9 with return receipt requested to all captioned parties no later than 15 days prior to

10 the Settlement Fairness Hearing. An otherwise timely and valid written request to11 be excluded from the settlement received by both parties' counsel and postmarked12 no later than 15 days prior to the Settlement Fairness Hearing will not be deemed13 invalid if not sent by certified mail receipt requested.

64. Settlement Fairness Hearing and Stipulated Order and Final Judgment.1415 The Settlement Fairness Hearing shall be conducted within 90 days of the entry of16 the Preliminary Approval Order to determine fmal approval of this Agreement,17 along with the amounts properly payable to Class Counsel for attorney's fees and18 costs. In connection with the final approval of the settlement by the Court at the19 Settlement Fairness Hearing, the parties shall present to the Court a Stipulated Order20 and Final Judgment for its approval and entry.

65. After entry of the Stipulated Order and Final Judgment, the Court shall22 have continuing jurisdiction as set forth in Section XIX. The Stipulated Order and

Final Judgment issued by the Court will explicitly retain jurisdiction as set forth24 below.23

25262728

XIII. Fees and Costs for the Challenger TCA Team andChallenger Reform Taskforce


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1 66. The parties agree and acknowledge that the cost associated with2 retaining the 2010 Review Team and obtaining the Review Team's Report and3 Action Plan has been reasonable. The parties commit to ensuring costs for ongoing4 involvement of independent experts are reasonable.

67. Defendants agree to pay fees for the members of the TCA Team, plus56 costs for reasonable accommodations and expenses (for coach airfare, car rental, and7 lodging, and per diem for meals) consistent with the rates provided to Los Angeles

County employees. The members of the TCA Team shall be paid at the following89 daily rates:

A. Dr. Alice Parker - $1,200.001011 B. Dr. Peter Leone - $1,200.00

C. Richard Krause - $800.001213 The total amount payable to the TCA Team shall not exceed $500,000.00, excluding141516

expenses.

68. If a member of the TeA Team is no longer able to serve and is replaced17 through the process outlined in paragraph 22, Defendants shall negotiate a contract18 for the individual who replaces the departing member of the TCA Team consistent19 with the rate described in paragraph 67.

69. Defendants agree to pay reasonable costs, consistent with the rates21 provided to Los Angeles County employees, for the following members of the22 Taskforce to travel to the location of Taskforce meetings: the parent, the

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representative from a community-based organization, and the former student.XIV. Attorneys' Fees and Costs

70. Within 30 days offmal approval, Defendants shall pay attorneys' fees26 and costs inthe amount of $325,000.00, and the payment for fees and costs shall be27 deposited in the Public Counsel Trust Fund to be distributed between Class Counsel28 27


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1 ACLU Foundation of Southern California, Public Counsel, Disability Rights Legal2 Center, and the American Civil Liberties Union, as appropriate. Class Counsel shall3 submit any and all documentation and file any motions or notices required by4 Federal Rule of Civil Procedure 23(h) regarding attorney's fees.5 71. Additionally, Defendants shall pay reasonable attorney's fees and costs6 to Class Counsel for ongoing work to ensure compliance with this Agreement. The7 amount of fees and costs due to Class Counsel under this paragraph shall be8 determined on a semi-annual basis for the duration of the Court's jurisdiction over9 this matter. The parties shall endeavor to reach agreement on these semi-annual fee10 awards and submit a stipulation for the Court's approval. lfthe parties are unable to11 reach agreement on a semi -annual fee award, Class Counsel shall submit a motion12 for reasonable attorney's fees, and the Court shall determine the appropriate amount13 of fees.141516

xv. Dispute Resolution72. The parties shall endeavor in good faith to resolve informally any

differences regarding interpretations of and compliance with this Settlement17 Agreement prior to bringing such matters to the Court for resolution. However, in18 the event of a failure by any party, whether willful or otherwise, to perform in a19 timely manner any act required by this Agreement or otherwise acting in violation of20 any provision thereof, the burdened party may, after failure of good faith efforts to21 resolve the matter, move the Court to impose any remedy authorized by law or22 equity. The prevailing party in any enforcement litigation will be entitled to23 reasonable attorneys' fees and costs, in accordance with the standards set forth in24 Christianberg Garment Co. v. EEOC, 434 U.S. 412 (1978).25262728

XVI. Entire Agreement

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1 73. This Agreement constitutes the entire agreement among the parties and2 supersedes all prior agreements, written or oral, between Class Representatives and3 Defendants. In the event any provision or term of this Agreement is determined to4 be or is rendered invalid or unenforceable, all other provisions and terms of this5 Agreement shall remain unaffected to the extent permitted by law.6 XVII. Defendants' Independent Obligations7 74. Each of the respective Defendants shall not be liable for, and no8 enforcement action pursuant to this Agreement or otherwise, shall lie against each9 respective Defendant for an alleged failure by another Defendant to comply with this

10 Agreement. The failure of any respective Defendant to perform its obligations under11 this Agreement shall not impact the full force and binding effect of this Agreement12 as it relates to any Party. No Party will be held liable for any aspect of the13 performance, or lack of performance, by any other Party of the other Party's14 obligations under this Agreement, except that any and all entities which have15 supervisory powers over a non-complying Defendant shall be required to compel16 compliance with this Agreement.1718

XVIII. Successors and Assigns75. All provisions of this Agreement shall apply to Defendants, their

19 employers, subsidiaries, officers, employees, agents, assigns, and/or successors in20 interest in the ownership, management, and/or operation of Challenger Youth

Memorial Center and Christa McAuliffe High School or any school located at2122 Challenger Youth Memorial Center by any name and those persons in active concert23 or participation with Defendants and all such aforementioned individuals and entities24 shall be bound by the provisions of this Agreement.2526

XIX. Modification of Agreement76. Class Representatives and Defendants shall have the right to seek

27 material modifications of this Agreement to ensure that its purposes are fully


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1 satisfied. Ifthe parties are unable to reach mutual agreement concerning a particular2 modification, the burden of proof concerning the propriety of modification falls on3 the party so moving. Any time limits for performance imposed by this Agreement4 may be extended by mutual agreement of the parties.56

XX. Continuing Jurisdiction77. The Court shall have continuing jurisdiction to interpret and enforce the

7 specific provisions of this Agreement; to supervise the administration and8 distribution of the resulting Compensatory Services; and to hear and adjudicate any9 dispute or litigation arising from the interpretation or application of this Agreement

10 or the issues of law and facts asserted in the lawsuit.11 78. The Court shall retain jurisdiction over this case for four years after the12 Court grants final approval to this Agreement, unless the parties stipulate that the13 Court's jurisdiction should terminate earlier. The parties shall submit to the Court a14 joint statement describing progress under this Agreement twice every year while the1 5 Court retains jurisdiction over this case. The parties shall include as attachments to16 each joint statement copies of every status report submitted by the TCA Team and17 Taskforce since the most recent joint statement was submitted to the Court.

79. Four years after the Court grants final approval to this Agreement, the1819 parties shall submit to the Court a status report, which shall include: (1) a statement20 from each of the parties regarding the need for the Court to retain jurisdiction for an21 additional period of time to ensure the reforms required under this Agreement are22 fully implemented, and (2) a report from the Challenger TCA Team identifying any23 areas where Defendants have not implemented or complied with aspects of the24 Detailed Plans or where youth detained at Challenger continue to receive education25 and rehabilitative services that fall short of constitutional and statutory requirements.26 The Court shall then terminate jurisdiction, unless the Court is persuaded, by a27 preponderance of the evidence, based on the parties' statements or the TCA Team's


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1 report, of the need for continued jurisdiction to ensure full implementation of the2 reforms required under the Detailed Plans.

XXI. Denial of Liability4 80. For purposes of this litigation only, all Defendants deny any violation5 of any federal, state, or local law, whether based on the constitution, statute or6 common law, except to the extent specified in Exhibit 9. All Defendants expressly7 deny any liability to any Class Representative or Class Member. This Agreement8 constitutes the settlement of what the Defendants contend are disputed claims and9 nothing contained herein is to be construed as an admission of liability on the part of

10 any Defendant. This Agreement does not constitute an adjudication or finding on11 the merits of the claims alleged in the Complaint, except for the purposes of12 awarding attorney's fees as specified in this Agreement. Moreover, neither this13 Agreement nor any provision therein shall be admissible in any proceeding as14 evidence that Defendants, or any of them, have violated any federal, state, or local151617

law, regulation, or ordinance.XXII. Waiver of Claims

81. Upon final approval of this Agreement by the Court, and subject to the18 fulfillment of the conditions set forth in this Agreement, the parties agree that Class19 Representatives and Class Members waive all claims for declaratory and injunctive20 relief and compensatory education services against the Defendants, their agents,21 employees, or employers, that were pled in the Complaint filed on January 12,2010,2 2 and that are added inthe Amended Complaint called for in paragraph 54 of this23 Agreement, for the duration of the Court's jurisdiction over the matter, except as24 provided in the next paragraph.

82. Upon final approval of this Agreement by the Court, and subject to the26 fulfillment of the conditions set forth in this Agreement, the parties further agree that27 Class Representatives and Class Members waive all claims against the Defendants,28


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1 their agents, employees, or employers, that arose under the Individuals with2 Disabilities Education Act, for Defendants' acts or omissions while Class3 Representative and Class Members attended the Challenger Center School during4 the two year period immediately preceding the date of filing of the Amended5 Complaint called for in paragraph 54 of this Agreement, as follows: (1) for the6 alleged failure to provide appropriate "special education," as that term is defmed in7 20 U.S.C. 1401(29) or (2) for the alleged failure to provide "transition services," as8 that term is defined in 20 U.S.C. 1401(34). Because this Agreement does not9 provide any relief for Class Representatives and Class Members who were denied

10 "related services," as that term is defined in 20 U.S.C. 1401(26), and, therefore,11 does not purport to settle those claims, this waiver does not apply to any individual12 claim by a Class Member against the Defendants, their agents, employees, or13 employers, for the alleged failure to assess for or provide "related services."

83. Nothing in this Agreement shall be interpreted as a release of any1415 claims for damages by the Class, the Class Representatives, and/or any Class16 Member, except as provided at paragraph 52 for Class Representative Miguel B.1718

XXIII. Limitation on Future Class-Wide Claims84. Upon final approval of this Agreement by the Court, the parties agree19 that this Agreement shall have preclusive effect for the period during which the

20 Court retains jurisdiction over this Agreement, on any class-wide claim against21 Defendants, their agents, employees, or employers, seeking injunctive relief to22 modify or alter the rehabilitative and educational programming at Challenger23 Memorial Youth Center that is based on the constitutional claims pled in the24 Complaint filed on January 12,2010 and the Individuals with Disabilities in

Education Improvement Act claim that is added in the Amended Complaint called26 for in paragraph 54 of this Agreement.2728


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85. Upon fmal approval of this Agreement by the Court, the parties further2 agree that this Agreement shall have preclusive effect, for the period during which3 the Court retains jurisdiction over this Agreement, on any class-wide claim against4 Defendants, their agents, employees, or employers, seeking compensatory services5 for youth detained at Challenger Memorial Youth Center based on the constitutional6 claims pled in the Complaint filed on January 12, 2010 and the Individuals with7 Disabilities Education Act claim that is added in the Amended Complaint called for89

in paragraph 54 of this Agreement.86. Nothing in this Agreement shall be construed to limit an individual

10 youth's ability to seek any of the following individual relief for alleged violations at11 Camp Challenger or the Challenger Center School that arise after the execution of12 this Agreement: (1) to file an individual petition for due process under 20 U.S.C. 13 1415(b)(7); (2) to file a complaint under 20 U.S.C. 1415(b)(6); or (3) to otherwise14 seek individual relief under any other provision of law.15 XXIV. Counterparts16 87. This Agreement may be signed in counterparts, and all so executed17 counterparts shall constitute the Agreement, which shall be binding on the Parties.18 More than one counterpart of this Agreement may be executed by the Parties hereto,19 and each executed counterpart (whether via facsimile, photocopy or original) shall20 be deemed an original.21222324252 62728


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1 Class Action Settlement Agreement: Casey A., et al. v . Jon R. Gundry, et al., CaseNo. CV 10-00192 GHK (C.D. Ca.)23 DATED:456 DATED:789 DATED:10111213141516

171819202122232425262728

By:~~~~~ __IRedacted]Class Representative

By;~~~~~ _IRedacted]Class Representative

By:~~~~~ _IRedacted]Class Representative

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1 Class Action Settlement A__greement:Casey A., et al. v. Jon R. Gundry, et. al., CaseNo. CV 10-00192 GHK (G.D. Ca.)23 DATED: 1 ( v : d t-f)\ 04567 DATED: l 1 ~ < O J 689

101112 DATErtlf \ I I 013141516 DATED: 10('Z)/1)171819202122232425262728

By: ~ J u . : : : , . . . , ~ - 4 J ~ ) _ _ l ( / . ~ ! L ! _ _ _DavSappACLU Foundation of Southern CaliforniaAttorneys for Class Representatives and ClassMembers

Attorney for Class Representatives and ClassMembers

Attorneys for Class Representatives and ClassMembers

By: - - - - - r L a w ~ : . . = ~ ~ . , . ;_ M r - . - r ' ' = r ~ _ ; _ ; _ : _ : : : . . .: : , -t v 4 . . . ., - '~ 4 Y M ~ ( : . .t J . ' d > 2 . f - ) _Lawrence M. Schwartzt~ 7American Civil Liberties Union, NationalLegal DepartmentAttorneys for Class Representatives and ClassMembers

35


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1 Class Ac tio n S ettleme nt A_gre emen t: C asey A ., et al. v. Jon R. G undry, et. al., Case2 No. C V 10-00192 GHK (CD. Ca.) ~ \. ~

3 DATED: 1 I ( ~ b { ) I D By:~.l~on . undryv4 I n te rim Supenn tenden tL os A ngeles C oun ty O ffice of E ducation56 ( ( ( g I l DATED:789

1011121314151617181920

By: 1 v h w . M ~ ~Y lb Ia na A n dra de, G en era l C ou nselL os A n geles C oun ty O ffice of E ducationAtto rn eys for Defendants Jo n R. Gundry,William E lkin s, an d Jesus C orral

2122232425262728 36


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1 Class Action Settlement Agreement: Casey A., et al. v. Jon R. Gundry, et. al., Case2 No.CVlO-00192GHK(c.n.Ca.) ,4"'.'_~'/'y~3 DATED: .'/ / By: ~#?flv//; VI/() Donald H. BlevinsChief Probation OfficerLos Angeles County Probation Department

For Defendant Los Angeles County ProbationD it ent //r

45678 DATED: f f - '1,_!V9

101112131415161718192021222324252627

By:~ __ ~~~ ~--~'-".........'vo .ounty Counsel, County of Los

Attorneys for Defendant Los Angeles CountyProbation Department

Documents

Settlement Agreement Redacted)