Adams 12 Five Star School District - Settlement Agreement 2010

   

                                                                                                      

                                                                                    

 

Settlement Agreement

 

between

 

The United States of America

                                                                       

and

 

Adams 12 Five Star Schools

SETTLEMENT AGREEMENT

 

DEFINITIONS

1. “Adams 12 Five Star Schools” (hereafter “Adams 12” or the “District”) refers to the Thornton, Colorado Board of Education and the public schools it operates.
2. “ELL” refers to an English Language Learner student who requires assistance to overcome language barriers that impede his/her equal participation in the District’s instructional programs.  The District has two general categories of ELLs – “NEP” and “LEP”.
3. “NEP” refers to an ELL who is Non-English Proficient.  A NEP’s overall English proficiency in listening, speaking, reading, and writing is at the Beginning or Early Intermediate stages; this level includes students who are just beginning to understand and respond to simple routine communication through those who can respond with more ease to a variety of social communication tasks.
4. “LEP” refers to an ELL who is Limited English Proficient.   A LEP’s overall English proficiency in listening, speaking, reading, and writing is at the Intermediate or Advanced stages.  Students at this level are able to understand and be understood in many to most social communication situations, are gaining increasing competence in the more cognitively demanding requirements of content areas, but are not yet ready to fully participate in academic content areas without linguistic support.
5. “FEP” refers to a former ELL who is Fluent English Proficient.  A FEP has acquired fluent English proficiency in listening, speaking, reading, and writing.  We moved the requirement to paragraph 57 because it does not belong in the definitions, and we revised it. See ¶ 57.
6. “Redesignation” refers to changing an ELL’s language proficiency category from LEP to FEP-M1.
7. “Reclassification” refers to changing an ELL’s language proficiency category, except when changing it from LEP to FEP-M1.
8. “SPED ELL” refers to an ELL who also is in need of special education services as defined by the Individuals with Disabilities Education Improvement Act (“IDEA”).
9. “ELD Profile” refers to the District’s repository for gathering and recording information on individual ELLs and monitored FEPs.  ELD Profiles track the progress of ELLs and monitored FEPs from year to year as measured by students’ progress against the Colorado ELD standards.  ELD Profiles include the following categories of information: type of language support services, number of minutes served, successful instructional strategies, assessment accommodations, academic interventions, service providers, level of performance in the four language domains, progress in the four language domains, redesignation and monitoring information and decisions, educational history, and English language proficiency assessment data.
10. “ELL Program” and “Program” refer to the Adams 12 strategic plan for providing meaningful language services to all of the District’s ELLs.  The Adams 12 ELL Program is attached in its entirety as Attachment A to this Settlement Agreement (“Agreement”). 
11. “ESL” refers to English as a Second Language instruction.  ESL services are provided by an ESL/Bilingual/Linguistically Diverse-endorsed teacher to ELLs in a small-group setting.
12. “ELD” refers to English Language Development instruction.  ELD instruction provides language support services to ELLs by a trained classroom teacher in a whole-group setting or co-taught by a classroom teacher and an ESL teacher. 
13. “SI” refers to Sheltered Instruction.  SI is a teaching technique that makes grade-level content comprehensible for ELLs while they are developing English proficiency.  When implementing SI, teachers scaffold instruction to aid student comprehension of content topics and objectives by adjusting their speech and instructional tasks and by providing appropriate background information.
14. “Language services” and “Language acquisition services” refer to ESL, ELD, and/or SI instruction for ELLs.
15. “Instructional staff” refers to teachers and teaching staff, including but not limited to full-time and part-time classroom teachers, ESL and ELD teachers, special education and gifted/talented instructors, and literacy specialists. 
16. “ELL Administrator Designee” refers to the building-level principal or assistant principal who is responsible for overseeing implementation of the ELL Program at the building level.
17. “LASS Department” refers to the District’s Language Acquisition Support Services Department.  The LASS Department is the District office responsible for providing language services to ELLs.  The LASS Department is responsible for implementing the District’s ELL Program and monitoring District compliance with the ELL Program and this Agreement.

PURPOSE    

18. Adams 12 Five Star Schools, by signature of its Superintendent, agrees to the terms of this Agreement and agrees to comply with its provisions in order to address and resolve the issues raised by the United States Department of Justice, Civil Rights Division (hereafter the “United States”) regarding the District’s legal obligations under the Equal Educational Opportunities Act of 1974, 20 U.S.C. § 1701 et seq. (hereafter “EEOA”).
19. In consideration for the commitments made herein by Adams 12, the United States agrees not to initiate judicial proceedings to (a) enforce the requirements of the EEOA that govern the District’s education of ELLs, and (b) compel the District to take appropriate measures to overcome language barriers that impede equal participation by ELLs in the District’s instructional programs.
20. This Agreement shall become effective on the date of its entry and shall remain in effect for four full school years following that date.[1]  The date that counsel for the United States signs the Agreement shall be considered the entry date.  The signatories undertake this Agreement as a means of alternative dispute resolution to avoid litigation and for the purposes of judicial and governmental economy.  The Agreement shall not be construed as an admission of liability by the District to any violations of the EEOA.

GENERAL REQUIREMENTS

21. As required by the EEOA, the District shall take appropriate action to overcome language barriers that impede equal participation by ELLs in its instructional programs.  See 20 U.S.C. § 1703(f).

SPECIFIC REQUIREMENTS

ELL Program Generally

22. The District agrees to implement in good faith its ELL Program, as set forth in Attachment A.  If the District seeks to amend its ELL Program, it shall provide the United States sixty (60) days notice of the proposed amendment, and the United States shall have sixty (60) days to notify the District of any objections.  If the United States objects to the proposed amendment, the District and the United States shall work together in good faith to reach a resolution that ensures the ELL Program’s compliance with the EEOA.   
23. For the school years 2009-10 and 2010-11 (“Bridge Years”), the District shall implement a modified version of its ELL Program as set forth below.  The purpose of the Bridge Years is to allow the District adequate time to train its instructional staff as proposed, conduct recruitment and hiring, purchase necessary materials, and take other reasonable measures necessary to ensure implementation of the ELL Program, as set forth in Attachment A.

Instruction

24. The District shall adopt three instructional models for the provision of ELL language services (i.e., Program Model 1, Program Model 2, and Program Model 3) and shall implement and operate its ELL Program instructional models, as set forth in Attachment A.   
25. The District retains discretion under this Agreement to determine which elementary schools shall operate under Program Models 1 and/or 2.  District secondary schools shall operate under Program Model 3.  
26. From the 2011-12 school year forward, ELD instruction shall be taught by a highly qualified teacher with an ESL/Bilingual/Linguistically Diverse endorsement or co-taught by (a) a teacher with an ESL/Bilingual/Linguistically Diverse endorsement and (b) a classroom teacher who has completed the Adams 12 ELD Certification.  ESL instruction shall be taught by highly qualified ESL teachers with an ESL/Bilingual/Linguistically Diverse endorsement.  If the District is unable to meet the foregoing requirement after engaging in good faith recruitment, the District shall ensure that any ESL and ELD teachers lacking an ESL/Bilingual/Linguistically Diverse endorsement are making consistent progress toward obtaining one within two years.  Sheltered Instruction shall be taught by a teacher who has completed the Adams 12 Advanced Sheltered Instruction Certification. 
27. From the 2011-12 school year forward, the District shall ensure that all ELLs in the District who have not opted out of the ELL program in writing shall receive at least one class period (i.e., approximately 45 minutes) of ELD/ESL per day.  To the extent practicable or appropriate to student need, the District shall provide ELLs with additional language acquisition services, with less proficient students receiving more services. 
28. From the 2011-12 school year forward, per the District’s ELL Program, as set forth in Attachment A, all ELLs shall receive SI in the content classes of math, science, and social studies.  In such classes, instruction shall be primarily in English, and teachers shall use sheltered content instructional techniques (e.g., grouping students by language proficiency level, adapted materials and texts, visual displays, cooperative learning and group work, primary language support, and clarification) to make lessons understandable.  The District shall ensure that in SI content classes:  (a) speech is appropriate for ELLs’ English proficiency levels; (b) supplementary materials support the content objectives and contextualize learning; (c) instructors teach vocabulary that is relevant to the subject matter; (d) adapted content, including texts, assignments, assessments, and presentation of content in all modalities, is within the ELLs’ English proficiency level(s); (e) ELLs are afforded regular opportunities to practice and apply new language and content knowledge in English; and (f) academic tasks are clearly explained to ELLs.  To accomplish this end, the District shall collect data on the academic growth and achievement of ELLs receiving SI in math, science, and social studies. 
29. During the Bridge Years, the District shall ensure that all ELLs in the District who have not opted out of the ELL program shall receive at least one class period (i.e., approximately 45 minutes) of ELD/ESL on regularly scheduled school days that are not early release days a minimum of four days per week and SI daily in content classes.  During weeks that have fewer than five school days, services will be offered on all but one of the days.
30. While the District may supplement ESL/ELD and SI with interventions and instructional services (e.g., literacy programming), these interventions and services shall not be a substitute for ESL/ELD and SI services.
31. Three times per year, the District will compile data required by ¶ 65(b) regarding which ELLs receive language services. 
32. If the District learns at any time that an ELL who has not opted out of language acquisition services is not receiving services consistent with the ELL Program and this Agreement, within thirty (30) days the District shall take reasonable steps to ensure that appropriate ELL services are provided to the student. 
33. The District shall use CDE-adopted standards in devising curricula to meet the language needs of ELLs.  

Faculty and Administrators

34. The District shall ensure that instructional staff are adequately trained to provide quality language services to ELLs by implementing a new ELL training model for District administrators and instructional staff, as set forth in Attachment A.  The District shall provide ELL training to classroom aides and other instructional support staff, where appropriate. 
35. The District shall complete all instructional staff training as defined in Attachment A no later than the start of the 2011-12 school year.  Until all instructional staff training is complete, the District shall ensure that at least one ESL/Bilingual/Linguistically Diverse endorsed teacher will be assigned to all District schools.   
36. The District shall provide ELL training to new instructional staff and administrators within their first year of service.  After receiving the initial training, all instructional staff shall receive refresher training as designed by the District at least one time per subsequent year.  
37. The District shall ensure that all administrators who evaluate teachers of ESL, ELD, and SI in content classes are adequately trained regarding ESL/ELD instruction and sheltered techniques to perform a meaningful evaluation of program implementation.  To that end, all administrators who evaluate teachers shall earn the Adams 12 Administrator Certification, as set forth in Attachment A.  The LASS Department also shall provide to such administrators a minimum of one hour of annual in-person, in-building follow-up. 
38. The District shall provide training for teachers and administrators, as set forth in Attachment A, Section II.A-C.
39. The District shall track in writing the progress of its teachers toward appropriate District certification and completion of state licensure/endorsements at least once per year.

Recruitment and Hiring

40. The District shall actively recruit properly endorsed ESL staff, bilingual staff, staff trained in working with ELLs, and staff with fluency in one or more of the languages of the District’s ELLs for relevant teaching and administrative positions, including positions as SPED teachers and aides.
41. To that end, the District’s notices regarding vacancies shall express an interest in candidates with ESL, ELL, or bilingual credentials and language fluency in language other than English.
42. The District has determined that adequate staffing of the LASS Department is necessary to ensure successful implementation of the ELL Program.  As set forth in Attachment A, the District has evaluated its current LASS Department staffing based on the administrative needs of the District’s current ELL population and determined that additional staffing is necessary to meet its ELLs needs at the elementary and secondary levels.  No later than the start of the 2010-11 school year, the District shall ensure that its LASS Department is adequately staffed to meet the requirements of this Agreement and the ELL Program, as set forth in Attachment A.  To that end, the District shall create a new full-time position entitled “LASS Assistant Director,” whose responsibilities shall include assisting the LASS Director with the implementation of the ELL Program.  The District also shall employ a total of:  (a) 5 full-time LASS Specialists at the elementary level; (b) 2.5 LASS Specialists at the middle school level; and (c) 2.5 LASS Specialists at the high school level. 
43. From the 2011-12 school year forward, the District shall evaluate annually whether changes in the size of the District’s ELL population, the size of the District’s faculty and staff, or changes in the training needs or support needs of the District’s faculty and staff, warrant adjustments to the LASS Department Staff.  If the District determines that staffing adjustments are warranted based on one or more of these factors, the District shall provide the United States notice of the proposed adjustment and the basis for the adjustment.  The United States shall have sixty (60) days to raise concerns or objections to the proposed change.  If the United States does not object within sixty (60) days, the District shall have discretion to make the proposed adjustment to the LASS Department Staff. 

Translation and Interpreter Services

44. The District shall provide translation and interpretation services pursuant to the District’s ELL Program, as set forth in Attachment A, Section IV.G., and shall notify parents that such services are provided without charge.
45. The District shall ask all parents/guardians in writing (in English and Spanish) whether the parents/guardians require written translations or oral interpretation of District-level and school-level communications, and if so, to specify the language(s) needed.  For parents/guardians speaking low incidence languages, the District shall ask this question at least orally in a language the parents/guardians understand.  The District shall enter the languages needed in its student information system so that they are readily accessible to administrators and teachers.  The District shall require school administrators to consult the student information system before scheduling meetings with parents of ELLs. 
46. The District shall use the information required by ¶ 45 above to staff or contract with a sufficient number of interpreters and translators to ensure that:
    1. when documents containing essential information are distributed at the District or school level, such documents shall be translated or interpreted into Spanish;[2]
    2. for ELL parents or guardians who speak a foreign language other than Spanish, the District shall either translate District-level or school-level written communications containing essential information or provide an oral interpretation of them within a reasonable time-frame upon request by the parent or guardian of a student; and  
    3. oral interpretation is provided for any conference between a District teacher/administrator and a non-English speaking parent/guardian, so long as the parent/guardian’s request provides the District with reasonable notice.
47. Prior to conducting an Individualized Education Plan (“IEP”) meeting, the District shall again notify parents of the availability of interpreters for IEP meetings and shall provide this service upon request with reasonable notice.  The District also shall notify parents that, upon request with reasonable notice, the District shall provide for a written translation of the portions of SPED ELLs’ IEPs designated by the parents and related forms and materials into the parents’ native language.  The request for translation may be made before, at, or after the IEP meeting and the translated portions shall be provided within a reasonable time, but no more than 14 days after the IEP meeting.
48. For all SPED-related translating and interpreting, the Division shall provide a translator or interpreter who is qualified in the language and, whenever practicable, also trained to provide SPED-related translating and interpreting.
49. The District shall make available to all personnel a list of the District-level and school-level general use documents that have been translated, with electronic access to such documents.  The District shall update the list throughout the year by adding recently created district-level and school-specific notices that may be of use to other schools to meet their translation needs.   
50. Except in the event of an emergency, no student shall be used or relied upon to provide translation or interpretation services for another student, parent, or guardian. 

Resource Allocation

51. The District shall provide adequate and appropriate instructional materials for ELLs.   These materials shall include ESL and ELD materials for ESL and ELD classes that are appropriate for the proficiency levels of the enrolled ELLs.  For classes where SI is utilized, the District shall ensure that instructional strategies and core materials address the language needs of ELLs. 
52. To this end, the District shall begin a one-time review of its instructional materials no later than the start of the 2010-11 school year and shall ensure compliance with ¶ 51 no later than February 1, 2011.  The District shall submit a copy of its review to the United States no later than February 15, 2011.  

Special Education (“SPED”)

53. The District shall provide SPED services and ESL/ELD services to all students who are eligible for both using the classroom structures and strategies designed to provide the student a free appropriate public education in the least restrictive environment by appropriately qualified personnel in a manner that addresses the identified language needs of the student. 
54. The District shall conduct SPED assessments in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so.
55. Consistent with applicable federal law and regulations, all IEPs of ELLs shall consider the language needs of the ELL as such needs relate to the student’s IEP.
56. An ELL’s IEP also shall include:  (a) the student’s current CELA results; (b) the languages in which SPED assessments were conducted; (c) modifications, if any, of standard assessment procedures; (d) the qualifications of the individuals completing the SPED assessments; and (e) a determination by the IEP team that the ELL’s level of English proficiency is not determinative of the decision to administer SPED services.

Monitoring Current and Exited ELLs and Evaluating Language Services

57. During the course of the 2009-10 school year, the District will develop formal criteria for exiting FEPs from monitoring services, redesignating LEP to FEP-M1, and reclassifying  FEPs as ELLs (i.e., reentry into the ELL Program), when appropriate, as set forth in Attachment A, Section VI.D.  The District shall submit these proposed criteria for the United States’ review before or with the submission of the District’s September 1, 2010 Annual Report.  The United States shall have sixty (60) days to notify the District of any objections.  If the United States objects to the proposed criteria, the District and the United States shall work together in good faith to reach a resolution that ensures compliance with the EEOA.
58. To monitor appropriate implementation of its ELL Program from the first step of registering an ELL to the final step of evaluating whether the ELL Program is overcoming ELLs’ language barriers within a reasonable period of time, the District shall establish clear guidelines for each part of its ELL Program (“ELL Program guidelines” or “guidelines”).  The guidelines shall be consistent with the terms of this Agreement and the ELL Program, as set forth in Attachment A.  The District shall submit proposed guidelines to the United States for review before or with the submission of the District’s September 1, 2010 Annual Report (see ¶¶ 64-65).  The final guidelines shall be adopted by the Superintendent as official District policy before the end of the 2010-11 school year.  The District shall make the final guidelines publically available in electronic and paper form.
59. The District shall monitor its ELL Program at the building-level and District-level and evaluated the Program’s effectiveness, as set forth in Attachment A, Section VI.
60. The District shall continue to monitor the individual academic performance of current ELLs and recently redesignated FEPs (i.e., exited within the past two years) using ELD Profiles. 
61. All NEPs and LEPs shall be identified by their CELA proficiency level on all electronic class rosters (i.e., level one through four).  Recently exited students shall be designated as FEP M-1 or FEP M-2 on all class rosters for the two years following their exit from ELL services.
62. To evaluate whether the District’s language services are overcoming language barriers, the District shall monitor NEPs, LEPs, and FEPs as they progress through and exit from the District’s ELL Program.  NEPs, LEPs, and FEPs shall be monitored pursuant to the terms set forth in Attachment A, Section VI.C (NEPs and LEPs) and VI.D (FEPs).  The District shall take appropriate action if FEPs are not making progress without language acquisition services.  FEP M-1 and FEP M-2 ELLs shall be reclassified as LEP and reentered into the ELL program where appropriate, as set forth in Attachment A, Section VI.D.
63. The District shall disaggregate the following information by school, ELL program (i.e., ESL/SI and ELD/SI), non-ELLs, ELLs, and former ELLs:  (a) English proficiency assessments (e.g., CELA, CELApro, ACCESS); (b) standardized test scores; (c) class grades; (d) retention-in-grade rates; (e) graduation rates; and (f) enrollment in honors, Advanced Placement, gifted, and SPED. 

ANNUAL REPORTING TO THE UNITED STATES

64. The District shall provide to the United States annual reports fully detailing its efforts to implement the ELL Plan. The District shall submit its first annual report by September 1, 2010, with reports thereafter due yearly on July 1.  If any of the information required for the annual report in a particular school year is available in a document that the District already has prepared to comply with the No Child Left Behind Act (20 U.S.C. § 6301, et seq.) or other federal law, state law, or regulation, the District may include the document in its annual report and indicate the section of the annual report to which the document applies. 
65. The annual reports shall include the following information about the school year preceding each annual report, in a format developed by the District, unless otherwise specified:
    1. A list of District schools, by Program Model, and for those schools implementing a hybrid model, the Program Model by grade;
    2. A summary of the District’s reports done three times per year, including for each school, by grade and language, the total number of NEPs and LEPs; the number of ELLs receiving services consistent with this Agreement and the ELL Program, as set forth in Attachment A; the number of ELLs who did not receive the agreed upon amount of language services; the number of ELLs who did not receive any ESL/ELD services and how the District responded to this information; and the number of ELLs who opted out of language services;
    3. The number of students by school, grade, native language, and language service who were exited from the District’s ELL program since the last report based upon:  (i) meeting exit criteria or (ii) other reasons.  If students were exited for other reasons, please explain;
    4. The number of FEP students by school, grade, native language, and language service who were reentered into the District’s ELL program since the last report;
    5. The number of ELLs by school, grade, and native language who:  (i) were referred for SPED services; (ii) were found eligible for such services; and (iii) received such services.  If any students were found eligible but did not receive SPED services, please explain (e.g., the parent declined services);
    6. For each District school where SPED-ELLs received ESL services through a consultation model, copies of examples of completed SPED consultation forms;
    7. The number of SPED ELLs, by school, grade, and native language, that the District, through highly qualified ESL/ELD and special education teachers, has determined are no longer in need of language services; include for each such student the reason(s) and all supporting evidence for the District’s determination (e.g., a SPED student has achieved English proficiency );
    8. The number of ELLs by school, grade, and native language who:  (i) were referred for gifted testing; (ii) were found eligible for gifted programming; and (iii) received such services.  If any ELLs were found eligible but did not receive gifted services, please explain (e.g., the parent declined services);
    9. A list of ESL Coordinators, by school, name, and position;
    10. A list of new instructional staff and administrators hired by the District, including for each new hire their name, school, position, language(s) they speak, certification(s) and endorsements, years of experience, and whether they have attended mandatory District ELL training (and if so, which training);
    11. A list of all ESL and ELD instructional staff, including for each staff member their name, school, position, language(s) they speak, ELL-related certification(s) and endorsements, and years of experience, highlighting any changes (including new certifications) since the last report;
    12. A list of all instructional staff who have not completed the Advanced SI training;
    13. A list of all ELL-related training provided to District personnel, the date(s) of the training, and the number and type of District personnel who attended the training;
    14. For each school, the number of SPED teachers and aides with ESL/ELD or bilingual training, certification(s), or endorsements, noting the type of training, certification(s), or endorsements, and the language(s) other than English that the teacher or aide speaks fluently;
    15. A description of the District’s system for monitoring FEP students over a two-year period, specifying the data that are reviewed and any changes to the system;
    16. A copy of the ELD Profile and FEP monitoring forms for each FEP student who was exited since the last report.  The District shall resubmit materials for students who were reclassified for ELL services or identified for SPED services;
    17. A description of any changes that the District plans to make to its procedures for:
        1. structure and implementation of ELL program models;
        2. assessing ELLs and assigning ELLs to classes;
        3. providing translator and interpreter services to ELL parents or guardians;
        4. ESL, ELD, or SI language services;
        5. ELL-related training of administrators and instructional staff;
        6. system for monitoring current ELLs and FEP students over a two-year period; and
        7. ELL Program guidelines.
    18. Beginning with the July 2011 report, a list of native language materials, ESL/ELD materials, and supplementary SI materials for its ELLs by school, including curricular and library materials purchased by the District during the preceding year;
    19. Copies of examples of translated school notices, including co-curricular activities and notice of the availability of translator and interpreter services for IEP-related information;
    20. Copies of all complaints received by the District or school personnel from parents, instructional staff, and administrators regarding the provision of ELL services and documentation of the District’s response;
    21. Certification of building administrator and LASS Department classroom observations;
    22. Copies of official Superintendent policies demonstrating the District’s formal adoption of the ELL Program guidelines; and
    23. Any other information that the District believes will be helpful to evaluating whether the ELL Program is providing meaningful language acquisition services.
    24. In addition to the above reporting requirements:  (i) in the September 1, 2010 report, the District shall include a copy of the District’s ELL Program proposed guidelines, if not previously provided to the United States; and (ii) in the District’s July 1, 2012 and July 1, 2014 reports, the District shall include a copy of the District’s longitudinal cohort analysis.

ENFORCEMENT

66. The District shall maintain records of all information pertinent to compliance with the terms of this Settlement Agreement until September 1, 2014, and shall provide such information to the United States upon request.
67. The District understands and acknowledges that the United States, consistent with its responsibility to enforce the EEOA, retains the right to investigate and, where appropriate, initiate judicial proceedings concerning any future alleged violations of the EEOA by the District.
68. The United States shall have the right for its representatives and any consultant or expert retained by the United States, to conduct an on-site review of the District’s schools to evaluate compliance with the terms of this Settlement Agreement upon giving reasonable notice to the District.  The District shall have the right to determine the dates of the review to ensure minimal disruption to the education process in the schools. 
69. Following an on-site review, the United States shall notify the District of (a) its concerns resulting from the review and (b) all known instances of breach of this Agreement.  Instances of breach shall be subject to ¶ 70.
70. The District understands and acknowledges that, in the event of a breach by the District of this Settlement Agreement, the United States may initiate judicial proceedings to enforce the EEOA and the specific commitments and obligations of the District under this Settlement Agreement.  The United States may not initiate judicial proceedings against the District without providing the District with written notice detailing the actions or omissions of the District constituting the alleged breach and providing the District with a reasonable time, no more than sixty (60) days, to initiate a cure for the alleged breach to the mutual satisfaction of the parties.
71. The following signatures indicate the consent of the parties to the terms of this Settlement Agreement.  The date that counsel for the United States signs the Settlement Agreement shall be considered the entry date of this Settlement Agreement.   

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