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H.C. at al v. PBSO et al., Civil Action No.: 9:18-cv-80810
Settlement Agreement

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Civil No. 18-cv-80810 – Dimitrouleas/Matthewman
H.C., a minor, by and through his parent and natural
guardian, Jenny C.; M.F., a minor, by and through his
parent and natural guardian, Asisa Rolle, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
RIC BRADSHAW, Palm Beach County Sheriff, in his
official capacity; SCHOOL BOARD OF PALM BEACH
COUNTY,
Defendants.

SETTLEMENT AGREEMENT
1.

THIS SETTLEMENT AGREEMENT (hereinafter referred to as the

“Agreement”) as to the class injunctive claims is made and entered into as of the date this
Agreement is signed, by and among the Defendants Sheriff Ric Bradshaw (“Sheriff’s Office”), in
his official capacity, and the School Board of Palm Beach County (“School Board”) on behalf of
themselves and all their officers, directors, employees, former employees, agents, predecessors,
divisions, successors, administrators, and assigns (collectively “Defendants”), and H.C., a minor,
by and through his parent and natural guardian, Jenny C., and M.F., a minor, by and through his
parent and natural guardian on behalf of a putative class of similarly situated individuals
(collectively “Plaintiffs”). Defendants and Plaintiffs are collectively referred to as the “Parties.”

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A. Recitals
2.

WHEREAS, this Agreement addresses and resolves certain disputes arising from

and relating to the lawsuit filed in the U.S. District Court for the Southern District of Florida (Civil
Action: 18-cv-80810) (“Action”) concerning allegations that: a) the Sheriff’s Office policy and
practice of holding juveniles in their custody in solitary confinement (“segregated housing”) for
upwards of 23 hours a day violated the Eighth and Fourteenth Amendments’ prohibitions against
cruel and unusual punishment and denied these juveniles procedural due process prior to and
during the deprivation of their liberty interests; and b) the Sheriff’s Office and the School Board
in concert denied these juveniles procedural due process by depriving them of their property
interest in education, and failed to provide free and appropriate public education and mandated
process, as well as equal access to education, programs, services and activities in violation of the
Individuals with Disabilities Act (“IDEA”), the Americans with Disabilities Act (“ADA”), and
Section 504 of the Rehabilitation Act (“Section 504”).
3.

WHEREAS, subsequent to Plaintiffs filing of the Class-Action Complaint for

Injunctive and Declaratory Relief on June 21, 2018, along with a Motion for Preliminary
Injunction, and briefing regarding the same, and filing of the Amended Class-Action Complaint
for Injunctive and Declaratory Relief on August 2, 2018, the Parties engaged in expedited
discovery into the claims and issues at bar.
4.

WHEREAS, by agreement of the Parties, the Court continued the hearing on the

merits of Plaintiffs’ Motion for Injunctive Relief in order to permit the Parties to engage in
settlement negotiations;
5.

WHEREAS, the Parties thereafter conducted extensive settlement negotiations to

resolve the class injunctive claims in the lawsuit, with the assistance of Plaintiffs’ experts in
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prison operations as well as juvenile mental health, in order to achieve a comprehensive
resolution of all class claims for injunctive relief raised in the Amended Complaint;
6.

WHEREAS, the Parties stipulate to certification of a Settlement Class as follows:

a) a class of all present and future juveniles (i.e. individuals under the age of 18 and charged as
adults) who are now or will be incarcerated in segregated housing while in the custody of the
Sheriff’s Office; b) a subclass of all present and future juveniles (i.e. individuals under the age of
18 and charged as adults) with disabilities, as defined by the Individuals with Disabilities
Education Act, who are now or will be incarcerated in segregated housing while in the custody
of the Sheriff’s Office and are in need of special education evaluation, instruction,
accommodations, and related services (“IDEA subclass”); and c) all present and future juveniles
(i.e. individuals under the age of 18 and charged as adults) with disabilities, as defined by the
Americans with Disabilities Act and Section 504 of the Rehabilitation Act, who are now or will
be incarcerated in segregated housing while in the custody of the Sheriff’s Office (“ADA and
504 Subclass”). The Parties will jointly move for preliminary approval of the class-action
settlement, conditional certification of the settlement class, and appointment of Plaintiffs’
Counsel as class counsel.
7.

WHEREAS, the Parties acknowledge that neither this Agreement nor any

consideration exchanged hereunder shall be regarded as an admission of any fact, allegation,
liability, or responsibility of any kind by either of the Parties for any purpose. This Agreement
shall not be admissible in any proceeding, except as is necessary in a proceeding to enforce the
terms of this Agreement or to establish or prove the defenses of payment, release, accord and
satisfaction, waiver, or estoppel, or as otherwise required by Court order. However, in order to
avoid the expense, delay, uncertainty, and burden of litigation, the Parties have agreed to a

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settlement of the class injunctive terms alleged in the Amended Complaint filed in this action.
This written Agreement memorializes the terms of the settlement reached by the Parties;
8.

WHEREAS the Parties represent and agree that this Agreement is fair, reasonable

and adequate to protect the interests of all parties and the class;
9.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by

and between the Parties, as follows:
Definitions
Cell-side educational services and programming: The facilitation of educational services and
programming to juveniles while they are housed inside a segregated housing cell.
Co-defendants or keep separates: Any juvenile in the custody of the Sheriff’s Office who has a
co-defendant or other juvenile housed within the same facility with whom they cannot have direct
contact with because of pending criminal charges or disciplinary separation.
Educational services and programming: Implementation of appropriate educational instruction,
interventions, accommodations, testing, and evaluations, as well as additional activities to
promote learning beyond the traditional academic curriculum, provided to juveniles in the
custody of the Sheriff’s Office.
Individual Education Plan (IEP): A written statement of an educational program of goals,
services, instruction, and accommodations, specific to a juvenile’s needs, that is developed,
reviewed, and revised for a juvenile identified as having a disability under the Individuals with
Disabilities Education Act.
Jail school: The educational system administered by the School Board within any of the
correctional facilities operated by the Sheriff’s Office.
Juvenile: Any individual under the age of 18 with pending adult charges and in the custody of
the Sheriff’s Office.
Mental health professional: Qualified mental health professionals who meet the educational and
licensure/certification criteria specified by their respective professional disciplines, such as
psychiatric nursing, psychiatry, psychology, and social work as defined in Palm Beach County
Sheriff’s Office Corrections Operating Procedure #914.01 (§IV(G)) See Exhibit 1 - COP
#914.01: Basic Medical Programs.
Regular school day: A regular school day shall be 8:00am to 2:45pm Monday through Friday.
Segregation Review Committee (SRC): A group of Sheriff’s Office representatives from
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classification, security, and a representative from the health care provider as well as a School
Board designee that meets weekly to discuss all prisoners who are held in segregated housing
while in the custody of the Sheriff’s Office. As part of this Agreement, the parties agree to hold
a weekly juvenile SRC meeting in conjunction with the general meeting.
School Based Team (SBT): A problem-solving team comprised of a group of multidisciplinary
professionals, who meet regularly to develop action plans for struggling students and work to
remove academic, behavioral, and social-emotional barriers to students’ learning.
School Based Team Meeting: Gatherings of the SBT regarding individual students to use a formal
problem-solving process, analyze student referral and baseline data, identify student strengths
and areas for improvement, develop intervention plans, including expected outcomes, monitor
student progress toward goals, collaborate with community agencies when necessary, and
communicate regularly with parents regarding their child’s progress.
Segregated Housing: Segregated housing shall mean any type of confinement of a juvenile in an
individual cell separated from the general population for any duration or reason including, but
not limited to, those defined within Palm Beach County Sheriff’s Office Corrections Operating
Procedure #918.00 (§IV(A)). See Exhibit 2 - COP #918.00: Special Management Units.
Substantial breach: A substantial breach must be either: (i) sufficiently frequent and widespread
so as to be pervasive; or (ii) a breach that deviates from a material provision in a way that denies
an essential benefit of this Agreement to class members. Minimal or isolated failures,
noncompliance with mere technicalities, or temporary failure to comply during a period of
otherwise sustained compliance will not constitute a substantial breach of a material term.
Juvenile Segregated Housing Policies
10.

Segregated housing of juveniles by the Sheriff’s Office, shall be limited in time
and use as follows:
a. Monday through Friday: Any juvenile classified into segregated housing for
any reason other than protective custody shall be allowed out of their cells
throughout the regular school day with other juveniles in general population
so long as there are no co-defendants or keep-separates in the same housing
pod:
i. In the event that there are co-defendants or keep separates in the same
housing pod, the Sheriff’s Office shall implement a rotating schedule
that utilizes alternative accommodations within the correctional
facility in order to prevent co-defendants or keep separates from
having direct contact with each other. A copy of a proposed rotation
schedule is attached herewith. See Exhibit 3 – Rotation
Schedule/Alternative Housing Options.

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1. The Sheriff’s Office shall evaluate whether any keep separate
designations or other restrictions on direct contact with other
juveniles can be modified or eliminated during each weekly
juvenile Segregation Review Committee (“SRC”) meeting
pursuant to ¶ 10(e) herein.
2. Weekends & Holidays: The Sheriff’s Office shall utilize an
expanded rotation schedule for co-defendants and keep
separates that allows for greater time in programs, recreation or
other facility accommodations in order to minimize the duration
of time spent in segregated housing as described in Exhibit 3 –
Rotation Schedule/Alternative Housing Options.
a. Disciplinary referrals: For any juvenile in segregated
housing on weekends and holidays because of a
disciplinary referral, the Sheriff’s Office shall minimize
the amount of time the juvenile will spend in segregated
housing by utilizing an expanded rotation schedule and
by implementing an alternative behavior management
policy as provided in ¶ 10(i)(ii)(1) herein.
b. The Parties recognize that all legitimate and reasonable
security and safety concerns related to the operation of
the jail facilities is of paramount importance.
ii. In the event that the number of juveniles in the custody of the Sheriff’s
Office who have co-defendants or keep separates exceeds the number
of available accommodations within the correctional facility such that
the Sheriff’s Office cannot apply the rotation schedule fairly and
equally, the Sheriffs’ Office shall notify Plaintiffs’ Counsel within 3
business days as provided in ¶ 20(c) herein and provide alternative
housing options or strategies within 7 business days thereafter.
1. The Parties shall be governed by the safe harbor provision
described in ¶20(i) herein to resolve the issues prior to filing
any enforcement action.
b. Within 24 hours (excluding weekends and holidays) of any juvenile being
placed in segregated housing for any reason:
i. The Sheriff’s Office and the School Board shall confer to determine
how best to allow equal access, including any accommodations, to
juvenile educational services and programming outside of the
segregation cell.
1. The Sheriff’s Office and School Board shall maintain notes and
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documentation from these conferences.
ii. The Sheriff’s Office shall refer the juvenile to a mental health
professional for evaluation and to determine whether any
accommodations are necessary.
c. The Sheriff’s Office shall bring all juveniles out of segregated housing during
the regular school day in order for the School Board to facilitate educational
services and programming:
i. There shall be no cell-side facilitation of educational services and
programming to juveniles in segregated housing.
1. The Sheriff’s Office shall provide room and/or facility
accommodations and staffing in order to assist the School
Board in facilitating juvenile educational services and
programming outside of segregated housing.
ii. In the event that a juvenile refuses to come out of segregated housing
for educational services and programming, the Sheriff’s Office shall
not place the juvenile on “lockdown” or other form of segregated
housing for the remainder of the school day.
1. The Sheriff’s Office and the School Board must re-assess the
juvenile’s willingness to join the educational services and
programming prior to each period.
2. The Sheriff’s Office shall provide access to a School Board
guidance counselor or other designee to meet with the juvenile
regarding the school refusal.
a. If the School Board guidance counselor or other
designee determines that the juvenile is willing to rejoin the period, the Sheriff’s Office shall allow the
juvenile to do so.
3. The Sheriff’s Office shall within 24 hours refer the juvenile to
a mental health professional for evaluation and to determine
whether any accommodations are necessary.
d. The Sheriff’s Office shall bring all juveniles out of their segregated housing
cells in order to facilitate juvenile programing to include, but not limited to,
those programs listed in Palm Beach County Sheriff’s Office Corrections
Operating Procedure #923.00(VIII). See Exhibit 4 – COP # 923.00: Juvenile
Admission, Classification and Housing.

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i. There shall be no cell-side facilitation of programming to juveniles in
segregated housing.
ii. The Sheriff’s Office shall provide room and/or facility
accommodations and staffing in order to facilitate juvenile
programming.
e. The Sheriff’s Office shall attend the weekly juvenile SRC meeting.
i. The weekly juvenile SRC meetings shall be attended by at least one
Sheriff’s Office staff member from security, classification, programs,
medical and mental health
ii. At the weekly juvenile SRC meetings, the Sheriff’s Office shall:
1. Discuss classifications of any juveniles in segregated housing
and evaluate alternative housing options to include, but not
limited to, elimination or modification of any keep separate
designations;
2. Discuss any disciplinary referrals or decisions to classify
juveniles in segregated housing and whether alternative
disciplinary sanctions can be used to include, but not limited
to, those addressed in the proposed alternative behavior
management policy pursuant to ¶10(i)(ii)(1) herein;
3. Discuss any barriers to providing services, accommodations,
and evaluations to juveniles, to include the School Board using
evidence-based positive behavioral interventions approved by the
Sheriff's Office to address any issues concerning disruption
safety, security and good order, and possible accommodations;
4. Discuss any concerns the School Board has regarding the
delivery of educational instruction or programming to
juveniles;
5. Discuss any juveniles refusing to participate in school;
6. Discuss any juveniles exhibiting medical and mental health
concerns and evaluate alternatives to segregated housing; and
7. Review any grievances regarding conditions of confinement or
educational services filed by juveniles.
iii. The Sheriff’s Office members participating in the weekly juvenile
SRC meetings shall maintain notes including copies of any documents
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reviewed during these meetings (i.e. grievances, disciplinary referrals,
etc.).
f. Sheriff’s Office shall allow all juveniles, regardless of classification, to have
recreation 7 days a week
g. Sheriff’s Office shall allow all juveniles, regardless of classification, to have
showers 7 days a week
h. Sheriff’s Office shall not unreasonably withhold phone or visitation privileges
from any juvenile.
i. By January 10, 2019, the Sheriff’s Office shall draft a new and/or modified
handbook and policies specific to juveniles held in its custody to include, but
not limited to those listed herein, and within the Palm Beach County Sheriff’s
Office Corrections Operating Procedure #918.00 (§V), See Exhibit 2 - COP
#918.00: Special Management Unit:
i. Intake, Housing, classification, and admission;
ii. Discipline;
1. By January 10, 2019, the Sheriff’s Office shall provide the
Parties’ Counsel with a proposed alternative behavior
management policy regarding disciplinary issues in lieu of, or in
the alternative to, 23 hour a day segregated housing, that takes
into consideration, among other issues, any medical or mental
health concerns of the juvenile.
iii.
iv.
v.
vi.

Medical and mental health;
Educational services and programming;
Grievance procedure; and
Staff Training

Juvenile Educational Instruction and Programming Policies
11.

The School Board shall provide appropriate educational services and
programming to juveniles in the custody of the Sheriff’s Office.
a. The School Board shall provide all educational services and programming to
juveniles outside of their cells, except to those juveniles who refuse to attend
school, as described in and pursuant to ¶11(c), below.
b. The School Board shall provide sufficient staff to provide educational services
and programming to all juveniles, including those in segregated housing and
other locations within the Sheriff’s Office facilities.

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c. The School Board shall include procedures for juveniles who refuse to attend
educational services and programming in its training and materials, as follows:
i. If a juvenile refuses to attend school, then School Board shall
immediately contact a guidance counselor or other School Board
designee to visit with the juvenile regarding the refusal to attend
educational services and programming.
1. Such visits shall be documented to include the reasons given
for the refusal and any accommodations discussed or
considered.
ii. The School Board shall address a juvenile’s refusal through School
Based Team (SBT)/Individual Education Plan (IEP) meetings to plan
appropriate interventions using evidence-based positive behavioral
interventions approved by the Sheriff’s Office.
iii. The School Board shall discuss any refusals of educational services
and programming by juveniles at the weekly juvenile SRC meetings.
12.

The School Board shall hold a SBT meeting or IEP meeting for any juvenile entering
the custody of the Sheriffs’ Office within two weeks of such entry.
a. The School Board shall subsequently hold a quarterly SBT or IEP meeting for
each juvenile held in custody by the Sheriff’s Office.
b. The School Board shall maintain written records for each of these meetings.
c. The School Board shall submit proposed attendees for IEP meetings, including
parent/guardian and School Board employees, to the Sheriff’s Office for
approval, at least 10 days prior to meeting date.
d. The Sheriff’s Office shall provide meeting space to accommodate IEP
meeting participants.

13.

The School Board shall have an Exceptional Student Education compliance
specialist conduct site visits at the Jail school at least once per quarter to audit
students’ Individual Education Plans.

14.

All School Board staff employed within the existing Jail school operated by the
Sheriff’s Office shall be required to attend an initial School Board training session
regarding the terms of this Agreement, as well as any Sheriff’s Office policies and
procedures that would affect the facilitation of educational services and
programming to juveniles.
a. The School Board shall develop written training materials by January 10,
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2019.
i. The School Board shall include attendance policies in the training and
materials, including the requirement that if a juvenile is held in
segregated housing during educational services and programming, that
juvenile will be marked absent.
ii. The School Board shall provide training to existing Jail school staff
regarding the Agreement by January 10, 2019.
b. The School Board’s Jail school administrator shall provide new staff
orientations within 7 days of commencing a position within any correctional
facility operated by the Sheriff’s Office.
15.

The School Board shall provide necessary instructional materials to juveniles in the
custody of the Sheriff’s Office upon receipt of approval for safety and security.
a. Within 30 days of the date of this Agreement, the School Board shall provide
a reading specialist to the existing Jail school to assess for required reading
interventions for juveniles in the custody of the Sheriff’s Office.
i. Within 60 days from this site visit by the reading specialist, the School
Board will provide a list of any necessary educational materials for
reading interventions to the Sheriff’s Office for safety and security
approval.
b. The School Board and Sheriff’s Office shall cooperate to enable safe use of
computers at the existing Jail school for educational services and
programming.
c. The School Board shall provide the Sheriff’s Office with at least 10 days’
notice of any new or supplemental educational materials to be used for
educational services and programming for juveniles at the Jail school.
i. In the event that any materials are disallowed because of verifiable
security risks, the School Board shall locate alternative materials and
resubmit the list to the Sheriff’s Office for safety and security approval.

16.

The School Board’s Jail school administrator or designee shall attend the weekly
juvenile SRC meetings.
a. At the weekly juvenile SRC meetings, the School Board shall:
i. Discuss any barriers to providing services, accommodations,
interventions, evaluations to juveniles;

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ii. Discuss any concerns the school district has regarding the delivery of
educational services and programming to juveniles;
iii. Discuss any juveniles refusing to participate in school; and
iv. Review any grievances regarding
programming filed by juveniles.

educational

services

and

b. The School Board and Sheriff’s Office shall maintain notes of juvenile SRC
meetings, including documents reviewed.
17.

The School Board shall provide quarterly district oversight to ensure Jail school
compliance with English Language Learner (ELL) policies and procedures through
site visits, student record reviews, and provision of training.

18.

The School Board shall provide a written communication to parents/legal
guardians of juveniles in the custody of the Sheriff’s Office regarding availability
of access to academic information through the Student Information System (SIS)
and methods to communicate with Jail school administrators and teachers.
Term

19.

No party shall move to terminate the Agreement for a period of five (5) years.
Monitoring

20.

Except as otherwise provided herein, Plaintiffs’ Counsel in cooperation with
designated experts shall oversee implementation and compliance with the
injunctive terms of this Agreement for a period of two (2) years as follows:
a. First Year of Monitoring (January 2019 – December 2019):
i. Designation of Experts:
1. Plaintiff’s Counsel, in its discretion, shall utilize the assistance
of a Corrections Expert and an Education Expert for purposes
of monitoring compliance.
a. Said experts shall advise and consult with Plaintiffs’
Counsel as to whether the Sheriffs’ Office or the School
Board are in substantial breach of any material term of
this Agreement.
i. In the event that any substantial breach is
identified, Plaintiffs’ Counsel shall within 24
hours notify Defendants’ Counsel of the
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substantial breach. The Sheriffs’ Office or the
School Board shall have 30 days thereafter to
provide notice to all parties that it has corrected
or will correct any issues concerning the same,
including a description of the steps it has or will
take to ensure it is no longer in substantial breach
(nothing herein shall prevent the parties from
negotiating in good faith a resolution to any
claimed substantial breach informally);
ii. If the Sheriff’s Office or the School Board does
not correct and/or provide a plan to correct any
provisions found to be in substantial breach,
then Plaintiffs may file a motion with the Court
seeking specific enforcement of the terms of
this Agreement, reinstatement of the claims for
prospective relief in the lawsuit, or an extension
of the duration of this Agreement by up to one
additional year, including monitoring activities.
It shall be Plaintiffs’ burden in making such a
motion to demonstrate that Defendants are in
substantial breach of a material term of the
Agreement.
iii. In the event that any non-substantial breach is
identified, Plaintiffs’ Counsel shall within 24
hours notify Defendants’ Counsel of the nonsubstantial breach and negotiate in good-faith to
resolve the matter to ensure compliance with the
Agreement.
2. Plaintiffs’ Counsel shall provide notice and contact
information of any expert designation at least 60 days prior to
any quarterly on-site visit as stated herein;
a. Defendants’ shall have 5 days from said notice to object
to the expert designation. Any objection must be based
upon genuine and verifiable concerns as to the expert’s
qualifications and/or impartiality.
b. Upon such an objection, the Parties’ shall within 5 days
thereafter negotiate in good-faith to resolve any
disputes as to the expert designation or, if needed,
utilize private mediation services.
c. Should the expert designation dispute continue to
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remain unresolved, then the objecting party may seek
leave from the District Court pursuant to its authority
and retention of jurisdiction, for relief.
d. If no objection is received, then the designated expert
shall be deemed acceptable by the Parties.
ii. Quarterly On-Site Visits:
1. The Sheriff’s Office shall provide Plaintiffs’ experts and/or
Plaintiffs’ Counsel access to any Sheriff’s Office facility
housing juveniles on a quarterly basis beginning in January
2019 as follows:
a. Plaintiffs’ experts and/or Plaintiffs’ Counsel shall
provide at least 14 days prior notice to Counsel for
Sheriff’s Office and School Board before conducting
any on-site visit;
2. Plaintiffs’ experts and/or Plaintiffs’ Counsel shall have full and
complete access to any Sheriff’s Office facility that houses
juveniles, the medical and mental health units, as well as any
room or other accommodation used for educational services
and programming, recreation, or the facilitation of any other
juvenile programs or services;
3. Plaintiffs’ experts and/or Plaintiffs’ Counsel shall have full and
complete access to any Sheriff’s Office or School Board staff
member who has or has had any interaction with juveniles;
4. Plaintiffs’ experts and/or Plaintiffs’ Counsel shall have full and
complete access to any juvenile who, at the time of the
monitoring activities, is or has been held in segregated housing.
iii. Document Production
1. Sheriff’s Office:
a. On or before the fifteenth day in January, April, July
and October of each year beginning January 2019, and
prior to any quarterly on-site visit, the Sheriff’s Office
shall provide to Plaintiffs’ Counsel the following
documents, records and other information regarding
any juvenile who during the quarterly period was or is
being held in segregated housing:

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i. Medical and mental health screening and
evaluation records (any documents produced
shall be covered by the HIPAA Protective Order
entered in this Action);
ii. Bunk rosters and/or daily population sheets;
iii. Logs, notes, and documents (i.e. grievances,
disciplinary reports, confinement orders or
notations, etc.) reviewed during weekly juvenile
segregation review committee meetings;
iv. Training documents for Sheriff’s
employees working with juveniles;

Office

v. Handbooks or policies concerning juveniles;
2. School Board:
a. On or before the fifteenth day in January, April, July and
October of each year beginning January 2019, and prior
to any quarterly on-site visit, the School Board shall
provide to Plaintiffs’ Counsel the following documents,
records and other information regarding any juvenile
who during the quarterly period was or is being held in
segregated housing:
i. Log of dates of school-based team and individual
education plan meetings for each student with a
unique number, as well as interventions utilized
and revised;
ii. Logs of weekly juvenile segregation review
committee meetings;
iii. Dates of site visits from Exceptional Student
Education specialist;
iv. Any updates to written training material and new
employee orientation training logs;
v. English Language Learner oversight logs,
including dates of records review and site visits;
vi. List of any educational materials that were
denied by the Sheriff’s Office as provided in ¶
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15, and any alternative educational materials
considered or used;
vii. The number of juvenile students referred for
initial
Exceptional
Student
Education
evaluations and any re-evaluations, and the
number of completed evaluations and reevaluations;
viii. Numbers and dates of refusals for educational
services and programming; and
ix. Information regarding absences due to
segregated housing, though the School Board
does not make a representation that this
information is accurate.
b. Second Year of Monitoring (January 2020 to December 2020)
i. The Sheriff’s Office shall allow access to on-site visits to Plaintiffs’
Counsel, if necessary, as provided in ¶20(a)(ii) herein on a bi-annual
basis.
ii. The Sheriff’s Office and School Board shall produce documents to
Plaintiffs’ Counsel as provided in ¶20(a)(iii) herein on a bi-annual basis.
iii. Any substantial breach of a material term of the Agreement shall
continue to be governed by the safe harbor provision described in
¶20(a)(i) herein prior to enforcement.
c. Notices. All documents, information, or notices described herein shall be
provided to each of Plaintiffs’ Counsel in electronic form via e-mail and/or
electronic file at:
Theodore Jon Leopold, Esq.
Diana Leigh Martin, Esq.
Cohen Milstein Sellers & Toll, PLLC
2925 PGA Boulevard
Suite 200
Palm Beach Gardens, FL 33410
561-515-1400
Fax: 561-515-1401
Email: tleopold@cohenmilstein.com
Email: dmartin@cohenmilstein.com
Sabarish P Neelakanta, Esq.
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Masimba Mutamba, Esq.
Human Rights Defense Center
P.O. Box 1151
Lake Worth, FL 33460
561-360-2523
Fax: 866-735-7136
Email: sneelakanta@hrdc-law.org
Email: mmutamba@hrdc-law.org
Melissa Marie Duncan
Legal Aid Society of Palm Beach County
423 Fern Street
Suite 200
West Palm Beach, FL 33401
561-655-8944
Fax: 655-5269
Email: mduncan@legalaidpbc.org
d. Monitoring Fees and Costs. Plaintiffs’ Counsel shall invoice the Sheriff’s
Office and the School Board for monitoring fees and costs separately as
follows:
i. First Year of Monitoring (January 2019 – December 2019):
1. Sheriff’s Office:
a. On a quarterly basis beginning January 2019, Plaintiffs’
Counsel shall invoice the Sheriff’s Office for monitoring
activities to include fees and costs for Plaintiffs’
designated expert not to exceed $4,500.00 per quarter.
i. The Sheriff’s Office and School Board shall pay
Plaintiffs’ Counsel invoice within 30 days of
receipt.
ii. Notwithstanding the foregoing, Plaintiffs’
Counsel shall at any time during the term of this
Agreement have the right to seek, by motion to
the District Court, an award of monitoring fees
and costs in excess of $4,500.00 per quarter if
circumstances, actions or events require
Plaintiffs’ designated expert and/or Plaintiffs’
Counsel to significantly increase monitoring time
and efforts due to any failure by the Sheriff’s
Office to maintain substantial compliance with
the Agreement.
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iii. Prior to filing any such motion, Plaintiffs’
Counsel shall notify counsel for Defendants via
email and first-class regular U.S. Mail of their
intent to file a motion seeking additional fees.
Within ten (10) business days of this notice, the
Parties shall meet and confer in good faith to
resolve the dispute. The time by which the
Parties may meet and confer shall not exceed
thirty (30) days of the date of the notice.
Plaintiffs are entitled to seek from the District
Court reasonable attorneys’ fees and costs in
connection with such a motion.
2. School Board:
a. On a quarterly basis beginning January 2019, Plaintiffs’
Counsel shall invoice the School Board for monitoring
activities to include fees and costs for Plaintiffs’
designated expert not to exceed $3,000.00 per quarter.
i. The School Board shall pay Plaintiffs’ Counsel
invoice within 30 days of receipt.
ii. Notwithstanding the foregoing, Plaintiffs’
Counsel shall at any time during the term of this
Agreement have the right to seek, by motion to
the District Court, an award of monitoring fees
and costs in excess of $3,000.00 per quarter if
circumstances, actions or events require
Plaintiff’s designated expert and/or Plaintiffs’
counsel to significantly increase monitoring time
and efforts due to any failure by the School Board
to maintain substantial compliance with the
Agreement.
iii. Prior to filing any such motion, Plaintiffs’
counsel shall notify counsel for Defendants via
email and first-class regular U.S. Mail of their
intent to file a motion seeking additional fees.
Within ten (10) business days of this notice, the
Parties shall meet and confer in good faith to
resolve the dispute. The time by which the
Parties may meet and confer shall not exceed
thirty (30) days of the date of the notice.
Plaintiffs are entitled to seek from the District
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Court reasonable attorneys’ fees and costs in
connection with such a motion.
ii. Second Year of Monitoring (January 2020 – December 2020):
1. On a bi-annual basis beginning January 2020, Plaintiffs’
Counsel shall invoice the Sheriff’s Office and School Board for
monitoring activities to include fees and costs for Plaintiffs’
Expert as follows:
a. Sheriff’s Office bi-annual invoice shall not exceed
$2,500.00.
b. School Board’s bi-annual invoice shall not exceed
$1,000.00.
2. The Sheriff’s Office and School Board shall pay Plaintiffs’
Counsel invoices within 30 days of receipt.
a. Notwithstanding the foregoing, Plaintiffs’ Counsel shall
at any time during the term of this Agreement have the
right to seek, by motion to the District Court, an award
of monitoring fees and costs in excess of the bi-annual
amounts stated above, if circumstances, actions or events
require Plaintiffs’ Counsel to significantly increase
monitoring time and efforts due to any failure by the
Sheriff’s Office or the School Board to maintain
substantial compliance with the Agreement.
b. Prior to filing any such motion, Plaintiffs’ Counsel shall
notify counsel for Defendants via email and first-class
regular U.S. Mail of their intent to file a motion seeking
additional fees. Within ten (10) business days of this
notice, the Parties shall meet and confer in good faith to
resolve the dispute. The time by which the Parties may
meet and confer shall not exceed thirty (30) days of the
date of the notice. Plaintiffs are entitled to seek from the
District Court reasonable attorneys’ fees and costs in
connection with such a motion.
Compliance with 18 U.S.C. § 3626(a)(1)
21.

The parties stipulate, based upon the entire record, that the relief provided in this
Agreement is narrowly drawn and extends no further than necessary to correct
violations of federal rights, and is the least intrusive means necessary to correct
violations of federal rights.
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Retention of Jurisdiction and Consent to Magistrate
22.

The District Court shall retain jurisdiction over the subject matter of this Agreement
and the Parties for the purpose of enabling any of the Parties to apply to the Court
at any time for such further order, direction, and relief as may be necessary or
appropriate for the construction or interpretation of this Agreement or to effectuate
or enforce compliance with its terms, including any award of attorneys’ fees and
costs. All parties consent to the exercise of such jurisdiction and to submit the
Agreement to the District Court for approval and retention of jurisdiction.

23.

The Parties further agree and consent to the U.S. Magistrate Judge for the Southern
District of Florida, for purposes of retention of jurisdiction and enforcement of the
Agreement as provided herein.
Dismissal of Action

24.

Upon final approval of the Agreement by the District Court, class certification, and
appointment of class counsel, the Parties shall file a Joint Motion for Dismissal and
Order of Dismissal. In filing the Joint Motion and Order of Dismissal, it is the
intention of the Parties that the District Court retain jurisdiction over the Agreement
pursuant to ¶¶ 22-23 supra.
Attorneys’ Fees and Costs

25.

The Parties shall engage in good-faith negotiations over reasonable attorneys’ fees
and costs for Plaintiffs’ counsel and agree to retention of jurisdiction by the District
Court regarding the same pursuant to ¶¶ 22-23 supra.
Release

26.

Except as otherwise provided in this Agreement and as separate consideration for
the agreements contained herein, Named Plaintiffs, the Plaintiff Class and SubClasses hereby absolutely, fully and forever release, relieve, waive, relinquish, and
discharge Defendants and their successors, predecessors, related entities,
departments, subsidiaries, representatives, assigns, agents, partners, officers,
directors, managers, insurers, shareholders, and employees (“Released Parties”),
of, and from, any and all known claims for equitable, declaratory relief, or
compensatory education, subject to the following limitations: (i) this waiver shall
not apply to claims based on acts or omissions arising after the date of execution of
this Agreement; (ii) this waiver shall be limited to the allegations made in the
Amended Complaint (which do not include claims for monetary damages); this
waiver shall not apply to any claim for attorneys’ fees and costs associated with
this Action, enforcement and/or compliance with the Agreement.

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27.

Named Plaintiffs and the Plaintiff Class and Sub-Classes acknowledge their
intention that, upon execution by the Parties and approval by the Court, this
Agreement, except as expressly provided for herein, shall be effective as a full and
final accord and satisfaction and settlement of and as a bar to all of the claims in
the Action.
Stipulation as to Class Certification

28.

The parties agree that this matter is appropriate for certification as a class action
pursuant to Fed. R. Civ. P. 23(b)(2). The class is defined as: a) a class of all present
and future juveniles (i.e. individuals under the age of 18 and charged as adults) who
are now or will be incarcerated in segregated housing while in the custody of the
Sheriff’s Office; b) a subclass of all present and future juveniles (i.e. individuals
under the age of 18 and charged as adults) with disabilities, as defined by the
Individuals with Disabilities Education Act, who are now or will be incarcerated in
segregated housing while in the custody of the Sheriff’s Office and are in need of
special education evaluation, instruction, accommodations, and related services
(“IDEA subclass”); and c) all present and future juveniles (i.e. individuals under
the age of 18 and charged as adults) with disabilities, as defined by the Americans
with Disabilities Act and Section 504 of the Rehabilitation Act, who are now or
will be incarcerated in segregated housing while in the custody of the Sheriff’s
Office (“ADA and 504 Subclass”). The Parties agree that the class is so numerous
that joinder of all members is impracticable, there are questions of law and fact
common to the class, the claims of the named plaintiffs are typical of the claims of
the class, and the plaintiffs and their counsel will fairly and adequately protect the
interests of the class. The Parties agree that the segregated housing policies that are
the subject of this action apply generally to the class, making relief appropriate for
the class as a whole. Defendants agree that they shall not move to decertify the class
for the duration of this Agreement and shall not unreasonably oppose the
designation by Plaintiffs of new class representatives if necessary.
Class Action Fairness Act (“CAFA”)

29.

Within 10 days of the date that this Agreement is filed in the District Court for
Preliminary Approval, the Sheriff’s Office and the School Board will provide the
Notice of this Settlement Agreement as required by the CAFA (28 U.S.C. §
1715(b)) to the U.S. Attorney General, the Florida Attorney General’s Office,
and/or any other necessary parties.
Fairness Hearing

30.

The Parties shall jointly request that the District Court schedule and conduct a
Fairness Hearing to address the fairness of this Agreement settling Plaintiffs’ claims
against Defendants and to decide whether there shall be Final Approval of the
settlement embodied in this Agreement. At the Fairness Hearing, the Parties shall
jointly move for and recommend certification of the Class and Final Approval of
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this Agreement. The Fairness Hearing shall take place on a date in accordance with
28 U.S.C. § 1715.
Miscellaneous Provisions
31.

Construction of Agreement and Counsel. Should any of the provisions or terms of
this Agreement require judicial interpretation, it is agreed that the court interpreting
or construing this Agreement shall not apply a presumption that such provision(s)
or term(s) shall be more strictly construed against one party by reason of the rule
of construction that a document is to be construed more strictly against the party
who prepared it, it being agreed that all Parties and their respective counsel have
participated in the preparation and review of this Agreement. Further, the Parties
specifically acknowledge and agree that each has retained separate, independent
counsel to represent them.

32.

Binding Effect. This Agreement is binding upon Plaintiffs, the Class and
Subclasses, the Defendants named in this lawsuit in their official capacities, and on
Defendants’ successors in office, employees and agents for the duration of the term
of this Agreement.

33.

Authority. By signing this Agreement, the Parties represent and warrant that each
person signing this Agreement on behalf of them has the authority to execute this
Agreement and to bind Defendants, the Sheriff’s Office and School Board, and
Plaintiffs respectively.

34.

Exhibits. The terms of all Exhibits attached hereto are fully incorporated into this
Agreement and are an integral part thereof. The terms of this Agreement, where
applicable, are fully incorporated into all Exhibits and are, where applicable, an
integral part thereof. To the extent that there are any conflicts or inconsistencies
between the terms of this Agreement and any of the Exhibits, the terms of this
Agreement shall control.

35.

Completeness of Document. This Agreement contains the entire understanding
between the parties with respect to the matters set forth herein, and there are no
representations, warranties, agreements, arrangements, or undertakings, oral or
written, between or among the parties hereto relating to the subject matter of the
Agreement which are not fully expressed herein.

36.

Modification of Agreement. Any modification of or addition to this Agreement
must be in writing, signed by Defendants and Plaintiffs’ Class Counsel.

37.

Counterparts. This Agreement may be executed in separate counterparts, which,
taken together, shall comprise one agreement.

38.

Facsimile/Electronic Signatures. A facsimile or electronic representation of a
signature shall be deemed as effective as an original signature.
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EXHIBIT 1

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PBSO 15

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PBSO 16

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PBSO 17

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EXHIBIT 2

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PBSO 26

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PBSO 27

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PBSO 28

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PBSO 29

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PBSO 30

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PBSO 31

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EXHIBIT 3

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EXHIBIT 4

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PBSO 22

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PBSO 23

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PBSO 24

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PBSO 25