SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND LEARNING CARE GROUP, INC., UNDER TITLE III OF THE ADA

BACKGROUND

1. The Parties to this Settlement Agreement are the United States of America and Learning Care Group, Inc. (LCG). 

2. LCG provides early education and day care services to children between the ages of six weeks and twelve years.  LCG operates under seven brands including:  Childtime Learning Centers, Tutor Time Child Care/Learning Centers, The Children’s Courtyard, Montessori Unlimited, La Petite Academy, Everbrook Academy, and Creative Kids.  In total, LCG operates approximately 900 child care centers across the country.

3. This matter was initiated by complaints from parents of children with Type I diabetes (also known as insulin dependent diabetes) alleging that LCG refused to assist their children with certain aspects of their diabetes care, in violation of title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181 et seq., and its implementing regulation, 28 C.F.R. Part 36.  Based on those complaints, the United States initiated a compliance review of LCG’s treatment of children with diabetes.

4. The United States and LCG have reached an agreement that is in the parties’ best interests, and that the United States believes is in the public interest, to resolve this matter on mutually agreeable terms.  The parties have therefore voluntarily entered into this Settlement Agreement, as set forth below.

5. This Agreement applies to LCG, all of its child care centers operating under each of its individual brands, and any brands it subsequently acquires and operates.