SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND
RIDGEWOOD PREPARATORY SCHOOL, INCORPORATED
DJ No. 202-32-125

    BACKGROUND

  1. This Settlement Agreement is entered into by the United States of America and Ridgewood Preparatory School, Incorporated (Ridgewood).
  2. Ridgewood is a private, nonprofit, nonsectarian school located in Metairie, LA.  Ridgewood provides education to children in prekindergarten to twelfth grade.  Ridgewood is incorporated in and has its principal place of business in Louisiana.  
  3. Ridgewood's Office, Students' Hall, Aime-Troescher Building, and Gymnasium were built in the 1970s.  Ridgewood constructed a new Atrium and Uddo Center in 2003. 
  4. This matter is based upon a complaint filed with the United States Department of Justice alleging that Ridgewood discriminated against a student applicant with a disability and his parents in violation of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181–12189, and its implementing regulation, 28 C.F.R. Part 36. 
  5. The complainant is the father of a six-year old boy with spina bifida.  Due to his spina bifida, his son has a mobility disability, generally uses a walker, and requires catheterization once per school day. The complainant alleges that he and the boy's mother attempted to enroll their son in Ridgewood's prekindergarten program in or around January 2018 for the 2018-2019 school year.  Their daughter was already enrolled in Ridgewood, and they wanted their children to have the benefit of attending the same school.  The complainant alleges that Ridgewood refused to provide any modifications to its policies, practices, or procedures and denied their son enrollment based on his mobility disability.  The complainant also attempted to enroll his son in Ridgewood's kindergarten program in or around January 2019 for the 2019-2020 school year.  The complainant alleges that Ridgewood denied his son enrollment based on his mobility disability without conducting an individualized assessment and again refused to provide any modifications to its policies, practices, or procedures.  Ridgewood claimed that, since the complainant's son needed supervision while walking up and down the stairs a few times a week to attend music and computer classes for the prekindergarten and kindergarten programs, Ridgewood would not admit him.  Since being rejected from Ridgewood, the complainant's son has learned to self-catheterize with limited supervision.
  6. On May 29, 2019, the United States conducted an architectural assessment of Ridgewood's campus. During the architectural assessment, the United States used the 1991 ADA Standards for Accessible Design (1991 Standards), 28 C.F.R. Part 36, Appendix D and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 36.104, which consist of the 2004 ADA Accessibility Guidelines (ADAAG), see appendices B and D to 36 C.F.R. part 1191, to determine whether Ridgewood contained barriers to access.  Elements that comply with the 1991 Standards or are safe harbored do not need to be modified until altered. 
  7. Ridgewood denies all allegations made by the complainant and the United States, but the United States and Ridgewood agree that it is in the Parties' best interests, and the United States believes it is in the public interest, to fully and finally resolve this matter without litigation.  The Parties have therefore voluntarily entered into this Agreement, agreeing as follows:

 TITLE III COVERAGE

  1. The Attorney General is responsible for administering and enforcing Title III of the ADA and the regulation implementing Title III, 28 C.F.R. Part 36.
  2. The complainant's son has spina bifida, a physical impairment that substantially limits one or more major life activities, including walking, urinating, and the operations of his nervous system, which is a major bodily function.  Accordingly, his son has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.104.  The complainant and his son's mother have a close familial relationship with their son and are also protected under Title III.  42 U.S.C. § 12182(b)(1)(E); 28 C.F.R. § 36.205.
  3. Ridgewood is a private entity whose operations affect commerce within the meaning of 42 U.S.C. § 12181(6); and Ridgewood is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7), because it is private elementary and secondary school.  See also 28 C.F.R. § 36.104.  Ridgewood is, thus, a public accommodation subject to the requirements of Title III of the ADA.  28 C.F.R. § 36.104.
  4. Title III of the ADA prohibits a public accommodation from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.  Specifically:
    1. A public accommodation shall not deny an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, the opportunity of the individual or class to participate in or benefit from its goods, services, facilities, privileges, advantages, or accommodations.  42 U.S.C. § 12182(b)(1)(A)(i).
    2. A public accommodation shall make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the reasonable modifications is a fundamental alteration to the nature of such good and services.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302. 
    3. A place of public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.  42 U.S.C. § 12182(b)(2)(A)(i). 
    4. A public accommodation shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual because of the known disability of an individual with whom the individual is known to have a relationship or association.  42 U.S.C. § 12182(b)(1)(E); 28 C.F.R. § 36.205. 
    5. A public accommodation shall remove architectural barriers in existing facilities where such removal is readily achievable.  42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.
    6. A public accommodation shall design and construct new facilities (those for first occupancy later than January 26, 1993) in such a way that they are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirement of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under Title III of the ADA.  42 U.S.C. 12183(a)(1); 28 C.F.R. § 36.401. 
  5. Ensuring that private schools do not discriminate on the basis of disability is an issue of general public importance.  The United States is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court in any case that involves a pattern or practice of discrimination or that raises an issue of general public importance.  42 U.S.C. § 12188(b).
  6. The United States has determined that Ridgewood discriminated against the complainant, his son, and the boy's mother by denying the son, on the basis of his disability, the full and equal enjoyment of Ridgewood's goods, services, facilities, privileges, advantages, or accommodations, in violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201.  Ridgewood also discriminated against the complainant's son by failing to make reasonable modifications to its policies, practices, or procedures when those modifications were necessary to afford him Ridgewood's goods, services, facilities, privileges, advantages, and accommodations in violation of 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302.  Based on its review of Ridgewood's campus, the United States has also determined that individuals with disabilities, by reason of such disabilities, are discriminated against in the full and equal enjoyment of Ridgewood's services, facilities, privileges, advantages, and accommodations, because Ridgewood failed to remove architectural barriers in existing facilities where such removal was readily achievable in violation of 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304, and failed to construct its Uddo Center and Atrium so that they are readily accessible to and usable by individuals with disabilities in violation of 42 U.S.C. 12183(a)(1) and 28 C.F.R. § 36.401. 

GENERAL INJUNCTIVE RELIEF

  1. Ridgewood and each of its officers, employees, agents, successors, and assigns, and all other persons in active concert or participation with it, will not discriminate on the basis of disability in the full and equal enjoyment of the school's goods, services, facilities, privileges, advantages, or accommodations and will comply with Title III of the ADA, 42 U.S.C. § 12182(a), and its implementing regulation, 28 C.F.R. Part 36.  Specifically, Ridgewood shall:
    1. Not deny, on the basis of a disability, individuals with disabilities the opportunity to participate in or benefit from Ridgewood's goods, services, facilities, privileges, advantages, or accommodations, pursuant to 42 U.S.C. § 12182(b)(1)(A)(i) and 28 C.F.R. § 36.202(a);
    2. Not utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability, pursuant to 42 U.S.C. § 12182(b)(1)(D) and 28 C.F.R. § 36.204;
    3. Not use eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, pursuant to 42 U.S.C. § 12182(b)(2)(A)(i) and 28 C.F.R. § 36.301;
    4. Make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, pursuant to 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a);
    5. Design and construct future school buildings, accessible routes, and public and common use areas to be readily accessible to and usable by individuals with disabilities, pursuant to 42 U.S.C. § 12183(a)(1), 28 C.F.R. § 36.401, and 28 C.F.R. Part 36;
    6. Ensure that school buildings, accessible routes, and public and common use areas that were designed and constructed for first occupancy or use after January 26, 1993 are readily accessible to and usable by individuals with disabilities, pursuant to 42 U.S.C. § 12183(a)(1), 28 C.F.R. § 36.401, and 28 C.F.R. Part 36;
    7. For school buildings altered after January 26, 1992, ensure that, to the maximum extent feasible, the altered portions of those facilities are readily accessible to and usable by individuals with disabilities, pursuant to 42 U.S.C. § 12183(a)(2), 28 C.F.R. § 36.402, and 28 C.F.R. Part 36; and
    8. Remove architectural barriers in existing school buildings, accessible routes, and public and common use areas where such removal is readily achievable, pursuant to 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304, and where barrier removal is not readily achievable, make goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable, pursuant to 42 U.S.C. § 12182(b)(2)(A)(v) and 28 C.F.R. § 36.305. 

SPECIFIC INJUNCTIVE RELIEF

  1. Enrollment of & Reasonable Modifications for the Complainant's Son (the Student):  Ridgewood shall offer to the Student admission into its first grade program within three (3) days of the Effective Date of this Agreement or sooner upon execution of all enrollment forms and completion of all enrollment procedures applicable to all children enrolling in the first grade program.  Ridgewood shall not place the Student on any waiting list.  Ridgewood shall require its staff to provide the Student with reasonable modifications, including requiring staff to supervise the Student as he walks up and down stairs and requiring and training lay staff to supervise the Student as he self-catheterizes each school day in accordance with the directions provided by the Student's physician or other qualified health care professional.
  2. Written Policies, Practices, and Procedures:  Within sixty (60) days, Ridgewood shall submit draft policies, procedures, and practices to the United States for approval that will bring its program into compliance with this Agreement and Title III of the ADA.  Ridgewood's policies and procedures shall, at a minimum, require the following:
    1. Ridgewood shall not discriminate against any individual on the basis of disability, including a mobility or neural disability, or on the basis of any individual's association or relationship with an individual with a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered by Ridgewood. 
    2. Ridgewood shall not impose or apply eligibility criteria that screen out or tend to screen out individuals with disabilities, including mobility or neural disabilities, from fully and equally enjoying Ridgewood's goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered by Ridgewood. 
    3. Ridgewood shall make reasonable modifications to policies, practices, and procedures when such modifications are necessary to afford access to Ridgewood's goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, including mobility and neural disabilities, unless it demonstrates that the requested modifications would fundamentally alter the nature of its goods, services or facilities.   Specifically: 
      1. Upon request from a child's parent(s) or guardian(s), Ridgewood shall appropriately consider requests for reasonable modifications.  Ridgewood will make individualized determinations based on the specific facts of each request and will not apply a general prohibition against providing particular types of reasonable modifications. 
      2. Upon receiving a request for a modification, Ridgewood will initiate a discussion with the parent(s) or guardian(s) to determine whether the child has a disability for which he or she needs modification(s) and to explore what modification(s) may be appropriate pursuant to the ADA.  
      3. Ridgewood will provide a response to a request for a reasonable modification in writing, within fourteen (14) days from the date the request is received.  Ridgewood may:
        1. Grant the request;
        2. Make a narrowly tailored request for medical documentation relating to the child's disability and any necessary modifications(s); or
        3. Deny the request.  If a request for modification is denied, Ridgewood will document each reason for the denial of the request and shall submit the documentation to the individual designated pursuant to Paragraph 17 for review.  Ridgewood shall notify the child's parent(s) or guardian(s), in writing, of the reason(s) for the denial.
      4. For the duration of this Agreement, within seven (7) business days of a decision to deny admission to a child with a disability (where Ridgewood knew that the child had a disability) or deny a requested modification of polices, practices or procedures based on a child's disability, the individual designated pursuant to Paragraph 17 must provide to the United States the documents related to the decision and all reasons underlying the decision.  This information should be sent by e-mail or overnight mail to the address specified in Paragraph 20.
    4. The United States shall review and provide comments on Ridgewood's proposed policies, practices, and procedures.  The United States may identify additional related policies, practices, and procedures that must be revised pursuant to this Paragraph.  Within thirty (30) days of the United States' final approval of all policies, practices, and procedures revised pursuant to this Paragraph, Ridgewood shall implement them, including by posting a copy of all policies, practices, and procedures on its website (http://ridgewoodprep.com/) and distributing copies to all employees and contractors whose work may be affected by such policies, practices, or procedures.  For the duration of this Agreement, Ridgewood shall, within thirty (30) days of the appointment or retention of such an employee or contractor, provide that individual with copies of these policies.
  3. Compliance Officer:  Within thirty (30) days of the Effective Date of this Agreement, Ridgewood shall designate one individual who shall have responsibility for monitoring compliance with this Agreement, including ensuring that Ridgewood enrolls the Student and provides him with reasonable modifications set forth in Paragraph 15 and adopts and implements the policies and procedures set forth in Paragraph 16.  Ridgewood will provide the designated individual with sufficient authority and resources to perform the tasks required by this Agreement, including review of all reasonable modification requests and any decisions to exclude from enrollment a child with a disability.  The designated individual will maintain records regarding his or her review of all reasonable modification requests and all decisions to exclude a child with a disability from enrollment.  As set forth in Paragraph 20, every nine (9) months for the duration of this Agreement, Ridgewood shall submit a written report to the United States that documents the designated individual's reviews and decisions.  The identity of and contact information for the Compliance Officer shall be posted publicly on Ridgewood's website (http://ridgewoodprep.com/) and disseminated with application materials provided to parents or guardians of prospective enrollees. 
  4. Architectural Modifications:  Ridgewood shall not exclude qualified individuals with disabilities or deny them the benefits of Ridgewood's services, privileges, and advantages because Ridgewood's facilities are inaccessible.  Specifically, Ridgewood shall remove architectural barriers in existing facilities, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.  Ridgewood shall also ensure that any new construction or alteration, including its Uddo Center and Atrium, are readily accessible to and usable by individuals with disabilities to the maximum extent feasible.  To comply with this Paragraph: 
    1. Ridgewood shall complete the modifications specified in Appendix C in accordance with the timelines set forth in Appendix C using the 2010 Standards.
    2. If Ridgewood can demonstrate that the removal of an architectural barrier is not readily achievable, Ridgewood shall make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if such methods are readily achievable.  42 U.S.C. § 12182(b)(2)(A)(v). 
    3. Within six (6) months, Ridgewood will retain an Independent Licensed Architect as set forth below to assess compliance with this Paragraph and any other alteration, addition, or modification made by Ridgewood during the term of this Agreement.
      1. Ridgewood will retain an Independent Licensed Architect knowledgeable about the architectural accessibility requirements of the ADA.  The retention of this Independent Licensed Architect will be without regard to outcome and must be approved by the United States, which will not unreasonably withhold approval.  The Independent Licensed Architect must act independently to certify whether remediation of the violations identified in this Paragraph and any other alterations, additions, or modifications made during the term of this Agreement comply with the applicable accessibility standards.  These requirements shall be included in the Independent Licensed Architect's scope of work. 
      2. The Independent Licensed Architect will conduct semi-annual inspections of Ridgewood's facilities in order to ensure compliance with this Paragraph of this Agreement.  The Independent Licensed Architect will impartially prepare written reports with photographs identifying that the violation has been remediated, will use the certification form at Appendix B, and will submit such reports to Ridgewood and the United States.  The Independent Licensed Architect will be considered a neutral inspector for purposes of issuing certifications of compliance and will be reasonably available to the United States to discuss reports, photographs, and certifications.
      3. The United States may also, in its discretion, provide technical assistance to the Independent Licensed Architect throughout the term of this Agreement.  Upon request by the United States, Ridgewood will provide prior notice to the United States of inspections by the Independent Licensed Architect to allow representatives of the United States to be present.
      4. Ridgewood will submit Independent Licensed Architect certifications (Appendix B) along with its reporting requirements as set forth in this Agreement.
  5. Training: Within sixty (60) days from the date upon which Ridgewood adopts the policies and procedures set forth in Paragraph 16, Ridgewood will provide training on the nondiscrimination requirements of Title III of the ADA to all employees with responsibility for considering and providing requests for reasonable modifications of applicants and enrollees and/or terminating or denying enrollment.  Training materials shall include training on considering requests for reasonable modifications, and providing reasonable modifications to enrolled students and applicants.  Ridgewood must obtain the United States' approval of the trainer and the materials to be used in the training.
    1. New employees with comparable responsibilities hired during the term of this Agreement shall be provided comparable training within thirty (30) days of their start date.  
    2. For the duration of this Agreement, Ridgewood will provide annual, refresher training on the general nondiscrimination requirements of Title III of the ADA to all employees and volunteers with responsibility for granting or denying enrollment, considering requests for reasonable modification, and providing reasonable modifications to enrolled children. 
    3. Ridgewood may tape the initial training to use for employees hired after the initial training and for refresher trainings.  
    4. Ridgewood will create and maintain an attendance log that documents the name of each individual who attends the trainings required in this Paragraph, his or her title, and the date he or she attended the training.  Ridgewood shall provide copies of the attendance sheets to the United States within ten (10) days of any request for them. 
  6. Reporting:  Every nine (9) months, for the duration of this Agreement, Ridgewood will provide the United States written monitoring reports that include activities described in Paragraphs 14-19.  Ridgewood shall send their written monitoring reports via electronic mail to the United States (to the attention of christine.kim@usdoj.gov and david.h.sinkman@usdoj.gov or another person specified by the United States) or via overnight mail to:

Disability Rights Section 
Civil Rights Division 
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC  20005         
[DJ # 202-32-125]

MONETARY RELIEF & CIVIL PENALTY

  1. Ridgewood agrees to provide the Student with tuition-free enrollment for two (2) academic years for alleged compensatory damages.  Within ten (10) business days of Ridgewood's receipt of an executed release from the Student's parents (attached hereto as Appendix A), Ridgewood shall send the Student's parents a letter documenting the fact that the Student is entitled to tuition-free enrollment for two academic years during the term of the Agreement and shall send a copy of the letter to the United States.  These in-kind services are to compensate the Student and his parents pursuant to 42 U.S.C. § 12188(b)(2)(B), as a result the alleged discrimination suffered as described in Paragraphs 1-5.
  2. Within thirty (30) days of the Effective Date of this Agreement, Ridgewood shall pay $1,000 to the United States Treasury, as a civil penalty to vindicate the public interest, pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3).  The payment shall be in the form of an electronic funds transfer pursuant to written instructions to be provided by the United States.

MISCELLANEOUS PROVISIONS

  1. The Effective Date of this Agreement is the date of the last signature below.
  2. The duration of this Agreement will be three (3) years from the Effective Date.
  3. In consideration of this Agreement, the United States agrees to close its investigation (DJ No. 202-32-125) without further enforcement action, except as provided in Paragraphs 26–27 of this Agreement. The Parties agree and acknowledge that this consideration is adequate and sufficient.
  4. The United States may review compliance with this Agreement at any time. Ridgewood will cooperate fully with the United States' efforts to monitor compliance with this Agreement, including but not limited to, providing the United States with reasonably requested information.  If the United States believes that Ridgewood has failed to comply adequately or in a timely manner with any requirement of this Agreement or that any requirement has been violated, the United States will notify Ridgewood in writing and the Parties will attempt to resolve the issue in good faith. If the Parties are unable to reach a satisfactory conclusion within thirty (30) calendar days of the date the United States notifies Ridgewood, the United States may file a civil action in federal district court to enforce the terms of this Agreement, or take any other action to enforce Title III of the ADA.  
  5. Any time limits for performance imposed by this Agreement may be extended only by the mutual written consent of the Parties.  With regard to any of the deadlines specified in this Agreement, Ridgewood shall notify the United States at least ten (10) business days before any deadline of an anticipated inability to meet the deadline and the reason(s) why, and shall request an extension of time to a specific date.  The United States shall not unreasonably withhold consent to a request for an extension of time made in good faith.  A failure to comply with deadlines agreed upon in this Agreement constitutes a violation of this Agreement, and the United States may file a civil action in federal district court to enforce the terms of this Agreement, or take any other action to enforce Title III of the ADA.
  6. Failure by the United States to enforce any provision of this Agreement will not be construed as a waiver of its right to enforce any provision of the Agreement.
  7. Titles and other headings contained in this Agreement are included only for ease of reference and shall have no substantive effect.
  8. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect.
  9. The individuals signing this Agreement represent that they are authorized to do so on behalf of the respective entity for which they have signed.
  10. This Agreement will have no impact upon the rights or claims of any individual not identified in this Agreement who has made, or may make, claims against Ridgewood for issues discussed herein.  This Agreement is limited to resolving claims under Title III of the ADA related to the facts specifically set forth in Paragraphs 1 through 6.  Nothing in this Agreement relates to other provisions of the ADA or affects Ridgewood's obligations to comply with any other federal, state, or local statutory, administrative, regulatory, or common law obligation, including those relating to nondiscrimination against individuals with disabilities.  Nothing in this Agreement will preclude the United States from filing a separate action under the ADA for any alleged violation not covered by this Agreement.
  11. This Agreement, including Appendices A–C, constitutes the entire agreement between the United States and Ridgewood on the matters raised herein and no other statement or promise written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including Appendices A–C, shall be enforceable.
  12. This Agreement and any amendment hereto shall be public documents.   A copy of this Agreement or any information contained herein may be made available to any person, and Ridgewood shall provide a copy of this Agreement to any person upon request.
  13. This Agreement shall be binding upon Ridgewood, its agents, employees, successors, and assigns. 
  14. This Agreement does not affect Ridgewood's continuing responsibility to comply with all aspects of the ADA.

FOR THE UNITED STATES

PETER G. STRASSER
United States Attorney
For the Eastern District of Louisiana

 

/s/ David Howard Sinkman
DAVID HOWARD SINKMAN
Assistant U.S. Attorney
650 Poydras Street, Suite 1600
New Orleans, LA 70130
504-680-3059 (telephone)
David.H.Sinkman@usdoj.gov

7/28/20
Date

REBECCA B. BOND
Chief

ANNE S. RAISH
Principal Deputy Chief

KATHLEEN P. WOLFE
Special Litigation Counsel

 

/s/ Christine Kim
CHRISTINE KIM
Trial Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. – NYA
Washington, DC 20530
202-305-0043 (telephone)
202-307-1197 (facsimile)
Christine.Kim@usdoj.gov

7/30/20

Date

FOR RIDGEWOOD PREPARATORY SCHOOL INCORPORATED

/s/_______________________
MILTON J. MONTGOMERY, JR.
President & Headmaster
201 Pasadena Ave.
Metairie, LA 70001
(504) 835-2545 (telephone)
(504) 837-1864 (facsimile)
mmontgomery@ridgewoodprep.com

/s/_______________________
DANIEL T. PLUNKETT
McGlinchey Stafford
601 Poydras Street, Suite 1200
New Orleans, LA 70130
(504) 596-2778 (telephone)
(504) 596-2800 (facsimile)
dplunkett@mcglinchey.com

7/28/20
Date

APPENDIX C - ARCHITECTURAL BARRIERS AT RIDGEWOOD PREPARATORY SCHOOL

Exterior Areas

Location

Violation

2010 ADA Design Standard(s)

Remediation Due Date

The concrete courtyard has multiple surface openings greater than 1/2 inch wide and 1/4 inch deep

2010 ADA Stds 303.1, 303.2, 303.3, 302.3

9/1/2020

Exterior Route 

The route from the concrete courtyard to the Main Office and Students’ Hall is not free of abrupt level changes over 1/2 inch

2010 ADA Stds 206, 303.1, 303.2, 303.3, 402, 403.4

9/1/2020

Play Area, Derbigny St 

The route from the concrete courtyard to the play area is not free of abrupt level changes over 1/2 inch

2010 ADA Stds 303.1, 303.2, 303.3, 403.4

9/1/2020

Playground, Pasadena Ave 

There is no accessible route from the concrete courtyard to the playground

2010 ADA Stds 206.2.2, 402, 403

8/1/2022

Playground, Pasadena Ave 

The ground surfaces of the accessible routes, clear floor or ground spaces, and turning spaces do not comply with ASTM F 1951 and ASTM F 1292

2010 ADA Stds 1008.2.6.1, 1008.2.6.2

8/1/2022

Playground, Pasadena Ave 

The slopes of the transfer space adjacent to the transfer platform are greater than 1:48

2010 ADA Stds 1008.3.1.3, 305.2

8/1/2022

Playground, Pasadena Ave 

The ground surfaces of the playground do not provide stable and firm surfaces

2010 ADA Stds 1008.2, 206.2.17, 240.2.1.1, 240.2.2  

8/1/2022

North Parking Lot, Giuffrias Ave 

No accessible parking spaces provided

2010 ADA Stds 208.2, 502

9/1/2020

South Parking Lot, Giuffrias Ave 

No accessible parking spaces provided

2010 ADA Stds 208.2, 502

9/1/2020

Adjacent Parking Lot, Giuffrias Ave 

No accessible parking spaces provided

2010 ADA Stds 208.2, 502 

9/1/2020

Sports Fields, Giuffrias Ave 

No accessible route to the sports fields from the sidewalk

2010 ADA Stds 206.2.2 

8/2/2021

Aime-Troescher Building

Location

Violation

2010 ADA Design Standard(s)

Remediation Due Date

South Entrance

Ground surface within the maneuvering clearance of the entrance has surface openings greater than 1/2 inch wide and 1/4 inch deep and abrupt level changes over 1/2 inch

2010 ADA Stds 404.2.4.4, 304.2, 303.2, 303.3, 302.3

9/1/2020

Doors

Multiple doors lack door hardware that is usable with one hand without tight grasping, pinching, or twisting of the wrist

2010 ADA Stds 404.2.7, 309.4 

8/2/2021

Blackboards and Dry Erase Boards

Multiple blackboards and dry erase boards are mounted beyond the maximum reach ranges 

2010 ADA Stds 308.3.1, 308.2, 308.3, 309.3  

9/1/2020

Lockers

There are no accessible lockers on either floor

2010 ADA Stds 225.2.1, 305, 308, 309, 811

9/1/2020

Toilet Rooms

There are no accessible toilet rooms on either floor

2010 ADA Stds 213, 216.2, 216.8, 305, 308, 309, 404, 603, 604, 605, 606, 609, 703

8/2/2021

First Floor

One side of the double leaf doors near room AT-3 does not provide at least 32 inches clear passage width when the door is open 90 degrees

2010 ADA Stds 404.2.2, 404.2.3  

8/2/2021

First Floor

Paper towel dispenser in art room is mounted beyond the maximum reach range

2010 ADA Stds 309.3, 308.3.2

9/1/2020

Stairways

The underside of the leading edge of the tread of each stair was not curved or beveled

2010 ADA Stds 504.5 

8/2/2021

North Entrance

Ground surface within the maneuvering clearance of the entrance has surface openings greater than 1/2 inch wide and 1/4 inch deep and abrupt level changes over 1/2 inch

2010 ADA Stds 404.2.4.4, 304.2, 303.1, 303.2, 303.3, 403.4

9/1/2020

North Entrance

The raised threshold at the entrance exceeds 1/2 inch and is not beveled on either side of the threshold

2010 ADA Stds 404.2.5 

9/1/2020

Exterior Route from North Entrance to Play Area, Derbigny St 

The route from the entrance to the play area is not free of abrupt level changes over 1/2 inch

2010 ADA Stds 303.1, 303.2, 303.3, 403.4

9/1/2020

Exterior Route from North Entrance to Play Area, Derbigny St 

The route from the entrance to the play area has a surface opening greater than 1/2 inch wide and 1/4 inch deep

2010 ADA Stds 302.3, 303.1, 303.2, 303.3

9/1/2020

Exterior Route from North Entrance to Play Area, Derbigny St 

The running slope of the ramp on the route from the entrance to the play area exceeds 1:20

2010 ADA Stds 402.2, 403.3

9/1/2020

Main Office & Students' Hall

Location

Violation

2010 ADA Design Standard(s)

Remediation Due Date

Doors

Multiple doors lack door hardware that is usable with one hand without tight grasping, pinching, or twisting of the wrist

2010 ADA Stds 404.2.7, 309.4

8/2/2021

Blackboards and Dry Erase Boards

Multiple blackboards and dry erase boards are mounted beyond the maximum reach ranges 

2010 ADA Stds 308.3.1, 308.2, 308.3, 309.3

8/2/2021

First Floor

Slopes of ground surface within the maneuvering clearance of the interior double-leaf doors exceeds 1:48

2010 ADA Stds 404.2.4.4, 404.2.5

8/2/2021

First Floor

Work surface in library lacks the adequate height for knee clearance

2010 ADA Stds 902.2, 306.3

8/2/2021

First Floor

Service counter in cafeteria exceeds maximum height

2010 ADA Stds 904.4, 904.4.1

8/2/2021

Lockers

There are no accessible lockers on either floor

2010 ADA Stds 225.2.1, 305, 308, 309, 811

8/2/2021

Toilet Rooms

There are no accessible toilet rooms on either floor

2010 ADA Stds 213, 216.2, 216.8, 305, 308, 309, 404, 603, 604, 605, 606, 609, 703

8/2/2021

Stairways

The underside of the leading edge of the tread of each stair was not curved or beveled

2010 ADA Stds 504.5 

8/2/2021

Second Floor

Eye wash dispenser in science lab is mounted beyond the maximum reach range

2010 ADA Stds 309.3, 308.2.1 

8/2/2021

Second Floor

Emergency shower pull cord in science lab is mounted beyond the maximum reach range

2010 ADA Stds 309.3, 308.2.1

8/2/2021

Gymnasium

Location

Violation

2010 ADA Design Standard(s)

Remediation Due Date

Gymnasium

The raised threshold at the entrance to the gymnasium from the concrete courtyard exceeds 1/2 inch and is not beveled

2010 ADA Stds 404.2.5, 303.3

9/1/2020

Uddo Center Atrium

Location

Violation

2010 ADA Design Standard(s)

Remediation Due Date

First Floor

Clear floor space for lavatory in boy’s locker room is obstructed by a step

2010 ADA Stds 606.2, 305.3, 305.5

9/1/2020

First Floor

Soap dispenser in boy’s locker room toilet room is mounted beyond the maximum reach range

2010 ADA Stds 309.3, 308.2.2

8/2/2021

First Floor

Grab bar in girl’s locker room toilet room are not provided as required in a transfer type shower compartment

2010 ADA Stds 608.3.1

8/2/2021

First Floor

No shower seat provided in girl’s locker room toilet room transfer type shower compartment

2010 ADA Stds 608.4   

8/2/2021

First Floor

Shower control in girls’ locker room toilet room transfer type shower compartment is not usable with one hand without tight grasping, pinching, or twisting of the wrist

2010 ADA Stds 309.4

8/2/2021

First Floor

Girl’s locker room shower does not provide fixed-position shower spray unit

2010 ADA Stds 608.6, 28 C.F.R. § 36.211

8/2/2021

First Floor

Toilet paper dispenser in girl’s locker room toilet room obstructs side grab bar

2010 ADA Stds 609.3  

8/2/2021

First Floor

Coat hook in girl’s locker room toilet room is mounted beyond the maximum reach range

2010 ADA Stds 603.4, 604.8.3 308.3, 308.2

8/2/2021

First Floor

The push side of the men’s toilet room door does not provide at least 12 inches clearance to the side of the latch

2010 ADA Stds 404.2.4.3

9/1/2020

Stairway

The underside of the leading edge of the tread of each stair was not curved or beveled

2010 ADA Stds 504.5 

8/2/2021

Second Floor

The door at the top of the stairway does not provide at least 32 inches clear passage width when the door is open 90 degrees

2010 ADA Stds 404.2.3

8/2/2021

Exterior Route 

The route from the Uddo Center emergency exit is less than 36 inches wide due to overgrown landscaping

2010 ADA Stds 403.5.1 

9/1/2020