Smith v. Milton Hershey School, Settlement Agreement, U.S. District Court for the Eastern District of Pennsylvania (Sept. 12, 2012)

This settlement agreement was filed in Mother Smith v. Milton Hershey School, No. 11-CV-7391 (E.D. Pa.), a case alleging that the Milton Hershey School refused to enroll a 13-year-old student because he is living with HIV. The Milton Hershey School is a cost-free, private residential school. It serves children with demonstrated social and financial needs. The school enrolls children from age four through high school graduation. In a lawsuit filed in November 2011, Mother Smith alleged that the school violated the Americans with Disabilities Act (“ADA”) by refusing to consider Abraham Smith for enrollment due to his HIV status. Following the filing of the lawsuit, the federal government initiated an investigation. The School, Mother Smith, Abraham Smith, and the federal government voluntarily agreed to resolve this lawsuit amicably and without further litigation by entering into this settlement agreement. Under this settlement, the school agreed that it will not exclude persons with disabilities, including persons with HIV, from participation in or deny them the benefits of the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations, on the basis of their disability.