Links to Settlements

12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255 [Paragraph 25] [Paragraph 30-32] [Exhibit A]

13. Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Fremantle Productions, Inc., and CBS Broadcasting Inc. Regarding The Price Is Right, DJ No.202-12C-317 and 202-12C-369 [Paragraph 32]

14.  National Federation of the Blind, et al. and the United States of America v. HRB Digital LLC and HRB Tax Group, Inc. Consent Decree [Paragraph 20-21] [Paragraph 23] [Exhibit A]

16. The United States of America v. QuikTrip Corporation, Consent Decree [Paragraph 25] [Exhibit A]

17. Settlement Agreement Between the United States of America and Ahold U.S.A., Inc. and Peapod, LLC (Peapod, LLC is the owner and operator of peapod.com) Under the Americans with Disabilities Act, DJ No. 202-63-169 [Paragraph 17-19] [Exhibit A]

22. Settlement Under the Americans with Disabilities Act Between the United States of America and the Connecticut State Department of Aging Under the Americans with Disabilities Act, DJ No. 204-14-170 [Paragraph 16] [Paragraph 18]

23. Settlement Agreement Between the United States of America and the City of Sierra Vista, Arizona Under the Americans with Disabilities Act, DJ No. 204-8-195 [Paragraph 35][Paragraph 49]

29. Settlement Agreement Between the United States of America, McNeese State University and the Board of Supervisors of the University of Louisiana System Under Title II of the Americans with Disabilities Act, DJ No. 204-33-109 [Paragraph 24]

30. Settlement Agreement National Federation of the Blind, et. al. v. Law School Admission Council [Paragraph 4-6]

171. Aleeha Dudley, Plaintiff, And United States Of America,  Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38  [Paragraphs 51-59]

172. Settlement Agreement Between the United States of America and the City and County of Denver, Colorado, DJ No. 204-13-298 [Paragraphs 35e., 36b]

173. Settlement Agreement Between the United States of America and the City of Trinidad, Colorado,  DJ No. 204-13-317 [Paragraphs 29, 30e, 31b (typo 8)

DOJ Project Civic Access Settlement Agreements [#36-48]

Descriptions of Applicable Terms

12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255

Website Accessibility Consultant

25. Within ninety (90) days after the Effective Date of this Agreement, edX shall retain one or more independent consultants (“Website Accessibility Consultant”), approved in advance by the United States, who is generally knowledgeable about accessible website development, Title III of the ADA, WCAG 2.0 AA, MathML, ATAG 2.0, UAAG 1.0, WAI-ARIA, WCAG2ICT, DAISY, and EPUB3.  The Website Accessibility Consultant shall be available to assist edX in meeting the requirements of this Agreement and shall be responsible for the annual Website Accessibility Evaluation (Paragraphs 30-31).

Website Accessibility Evaluation

30. Within one (1) year after the Effective Date of this Agreement (the “Initial Audit Deadline”), the independent Website Accessibility Consultant shall provide the parties a written evaluation (“Website Accessibility Evaluation”) concerning the conformance of www.edx.org, edX’s mobile applications and the Platform with, at minimum, WCAG 2.0 AA.  The evaluation shall: (a) identify any ways that www.edx.org, the mobile applications, or the Platform are out of conformance with WCAG 2.0 AA; and (b) make recommendations to improve the accessibility ofwww.edx.org, the mobile applications, and the Platform.  EdX shall address all of the recommendations contained in the Website Accessibility Evaluation and remedy any areas of non-conformance with WCAG 2.0 AA no later than the Website, Mobile Application, and LMS Deadline; provided that, recommendations to remedy non-conformance of the CMS are to be addressed by the CMS Deadline. 

31. On an annual basis after the Initial Audit Deadline (no later than each anniversary of the Initial Audit Deadline), the independent Website Accessibility Consultant shall provide the parties a Website Accessibility Evaluation concerning conformance of www.edx.org , edX’s mobile applications and the Platform with, at a minimum, WCAG 2.0 AA.  The evaluation shall: (a) identify any ways that www.edx.org , the mobile applications, or the Platform are out of conformance with WCAG 2.0 AA; and (b) make recommendations to improve the accessibility ofwww.edx.org , the mobile applications, and the Platform.  EdX shall address the recommendations contained in the Website Accessibility Evaluation and remedy any areas of non-conformance with WCAG 2.0 AA within ninety (90) days of receiving the Website Accessibility Evaluation and report its actions to the Department in the next report due under Paragraph 33; provided that recommendations to remedy non-conformance of the CMS are to be addressed by the CMS Deadline.  Following the CMS Deadline, edX shall address any recommendations to remedy non-conformance of the CMS in any Website Accessibility Evaluation within ninety (90) days of receiving the Website Accessibility Evaluation.

32. If during any Website Accessibility Evaluation the Website Accessibility Consultant identifies Course Content that does not conform with WCAG 2.0 AA or cannot be used by individuals with disabilities, the Website Accessibility Consultant shall report such information to edX, which shall deliver such information to the Content Provider, and shall report the generalized nature of such information to the United States pursuant to Paragraph 33.

Exhibit A

At edX, we seek to understand and respect the unique needs and perspectives of the edX global community. We value every learner, and are committed to being a leader in expanding access to all, including learners with disabilities.  It is thus edX’s commitment to ensure that our website, mobile applications, and platform are accessible to individuals with disabilities and that they permit content providers to develop and post accessible content.  To meet this goal, edX is implementing several initiatives, including:

  • Retaining one or more knowledgeable website accessibility consultants responsible for conducting annual website accessibility evaluations ofwww.edx.org, our mobile applications, and our platform.

13. Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Fremantle Productions, Inc., and CBS Broadcasting Inc. Regarding The Price Is Right, DJ No.202-12C-317 and 202-12C-369

32. Website Accessibility. The TPIR Sites are currently undergoing a transition. Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle shall adopt and, thereafter, maintain the policy of providing full and equal enjoyment of the goods and services of the TPIR Sites, located at Exhibit B (Internet Policy). Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle will conduct an assessment of the websites' compliance with the Internet Policy (Website Accessibility Assessment) and develop a Website Accessibility Action Plan to address any identified deficiencies in the provision of the goods and services of the TPIR Sites identified in the Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to the TPIR Sites. Fremantle shall submit this Plan to the United States for review and approval. After the Website Action Plan is submitted, the following shall occur:

  1. Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will distribute the Internet Policy to all persons B employees and contractors B who design, develop, maintain, or otherwise have responsibility for content and format of TPIR Sites (Internet Personnel). Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will provide training to Internet Personnel on website accessibility. Such training will be provided, at Fremantle's expense, by a person or organization knowledgeable regarding website accessibility and approved by the United States.
  2. Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will undertake a Website Accessibility Assessment to evaluate the delivery of website content to provide for inclusion and integration of people with disabilities, including individuals who use screen readers or voice interactive software, who use text magnification programs, who require the ability to adjust font size and/or color to view web pages, who require audio description to access video content, and who require captions to access audio materials. The evaluation will take into consideration the following issues, but will also evaluate TPIR Sites according to generally accepted standards for website accessibility, such as the Standards promulgated pursuant to Section 508 of the Rehabilitation Act of 1973, as amended:

(i)    For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent to the image will be added to allow individuals with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.

(ii)    All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display.

(iii)   TPIR Sites will allow Web browsers and other assistive technologies to manipulate colors and font settings on the website for individuals with low vision or color blindness to access the content.

(iv)   Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to individuals who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.

(v)   Where appropriate, Fremantle will also include the following considerations in developing TPIR Sites:

(A)   The inclusion of a "skip navigation" link at the top of the TPIR Sites that allows people who use screen readers to ignore navigation links and skip directly to web page content;

(B)   Minimizing the use of blinking, flashing, or other distracting features;

(C)   If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;

(D)   Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;

(E)   If sounds automatically play, visual notification and captions will also be provided;

(F)   For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and

(G)   Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as web pages that use frames).

  1. Within ninety (90) days after the effective date of this Agreement, Fremantle shall provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page in a conspicuous and accessible location. In that same location, Fremantle will provide a notice soliciting feedback from visitors to websites on how accessibility can be improved and shall provide an accessible means of providing such information.
  2. Fremantle shall yearly revise its Website Accessibility Action Plan as needed to address deficiencies in the provision of the goods and services of the TPIR Sites identified in the yearly Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to websites.
  3. Within ninety (90) days after the implementation of each Website Accessibility Action Plan, Fremantle shall have completed all actions required for the accessibility of websites and of the provision of goods and services of the TPIR Sites.

14. National Federation of the Blind, et al. and the United States of America v. HRB Digital LLC and HRB Tax Group, Inc. Consent Decree

20. Automated Web Accessibility Testing: H&R Block has conducted an audit of www.hrblock.com and its Online Tax Preparation Product to determine the steps necessary to achieve conformance with WCAG 2.0 AA. By October 1, 2014, H&R Block shall select an automated accessibility testing tool acceptable to the Private Plaintiffs and the United States to evaluate conformance of web content with WCAG 2.0 AA. Following the entry of this Consent Decree, H&R Block shall complete the following steps:

  1. Beginning December 1, 2014, and at least once every three (3) months for the term of this Consent Decree, H&R Block shall conduct automated accessibility tests of www.hrblock.com to identify any instances where www.hrblock.com is no longer in conformance with WCAG 2.0 AA.
  2. H&R Block shall conduct automated accessibility tests of its Online Tax Preparation Product no later than June 1, 2015 and each year thereafter of the Consent Decree, and at least once per month beginning June 1 of each year until the Online Tax Preparation Product is released, to identify any instances where the Online Tax Preparation Product is no longer in conformance with WCAG 2.0 AA.
  3. By October 1, 2015, H&R Block shall select an automated accessibility testing tool acceptable to the Private Plaintiffs and the United States, if one then exists, to evaluate conformance of mobile applications with WCAG 2.0 AA; provided that, if such a tool does not exist by October 1, 2015, Block shall investigate the availability of such a tool on annual intervals thereafter for the term of this Consent Decree. Beginning October 1, 2015 (or October 1 of a subsequent year in which H&R Block selects an automated accessibility testing tool for mobile applications as discussed in this Paragraph) and at least once every three (3) months thereafter for the term of this Consent Decree, H&R Block shall conduct automated accessibility tests of its mobile applications to identify any instances where the mobile applications are no longer in conformance with WCAG 2.0 AA.

21. User Accessibility Testing Group: By October 1, 2014, and at least once annually for the term of this Consent Decree, and whenever a substantial proposed change to www.hrblock.com, its mobile applications, or its Online Tax Preparation Product is made available to any group of H&R Block users or customers (e.g., Beta testing), such changes shall be tested by individuals with different disabilities, including at a minimum individuals who are blind, deaf, and/or have physical disabilities affecting manual dexterity (such as those limiting the ability to use a mouse), to identify any accessibility barriers not otherwise apparent through automated testing. If requested by H&R Block, the National Federation of the Blind may assist in identifying participants with vision disabilities for the User Accessibility Testing Group.

23. Web Accessibility Consultant and Evaluation: By July 15, 2014, H&R Block shall retain an independent consultant (“Web Accessibility Consultant”), approved by all parties, who has expertise concerning accessible web development, the terms of this Consent Decree, and WCAG 2.0.

  1. By September 15, 2014, and annually by August 15 thereafter, the independent Web Accessibility Consultant shall provide the parties a written evaluation. This evaluation shall describe: whether www.hrblock.com, its mobile applications, and the Online Tax Preparation Product are in conformance with requirements of WCAG 2.0 AA and this Consent Decree: include any recurring, frequent, or significant deviations from the Modified Bug Fix Priority Policies, and shall make recommendations to improve the accessibility of www.hrblock.com, the mobile applications, and the Online Tax Preparation Product (“Web Accessibility Evaluation”).
  2. The Web Accessibility Consultant shall provide copies of the Web Accessibility Evaluation to all parties to this Decree.
  3. H&R Block shall incorporate all of the recommendations contained in the Web Accessibility Evaluation within ninety (90) days of receiving the Accessibility Evaluation; provided, any recommendations for the Online Tax Preparation Product shall be made thirty (30) days prior to release.

Exhibit A

Web Accessibility. H&R Block provides online content in the following manner to ensure it is accessible to individuals with disabilities on www.hrblock.com, mobile applications, and the Online Tax Preparation Product:

  • H&R Block regularly conducts automated tests and annually enlists individuals with a variety of disabilities to test www.hrblock.com, mobile applications, and the Online Tax Preparation Product for accessibility.
  • H&R Block has retained [insert name of Web Accessibility Consultant] as a Web Accessibility Consultant to annually evaluate www.hrblock.comfor conformance with WCAG 2.0 to the Level A and Level AA Success Criteria and other Conformance Requirements, the requirements of this Policy. Each year, the Web Accessibility Consultant prepares a written report based on the evaluation, which identifies any barriers and provides recommendations to enhance the accessibility of www.hrblock.com, mobile applications, and the Online Tax Preparation Product.

16. The United States of America v. QuikTrip Corporation, Consent Decree

25. Website Accessibility. QuikTrip has already initiated a program to improve the accessibility of its website. In connection with this initiative, within one (1) month after the Effective Date of this Consent Decree, QuikTrip shall adopt, and thereafter maintain, a policy of nondiscrimination on the basis of disability in providing effective communication via its website. The policy provided as Exhibit H meets the requirements of this provision. Before adopting a policy that is substantially different from the policy provided as Exhibit H, QuikTrip shall submit such policy to the Department for review and approval and shall incorporate comments provided by the Department before adopting the policy.

  1. Within two (2) months after the Effective Date of this Consent Decree, QuikTrip will distribute the policy to all persons-employees and contractors-who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by QuikTrip ("Internet Personnel"). Within three (3) months of the Effective Date of this Consent Decree, QuikTrip will provide training to Internet Personnel on website accessibility, including the requirements set out in the policy at Exhibit H.
  2. Within three (3) months after the Effective Date of this Consent Decree, QuikTrip will undertake a Website Accessibility Assessment to evaluate the delivery of content on its website to ensure inclusion and integration of people with disabilities, including individuals who use screen readers or voice interactive software, who use text magnification programs, who require the ability to adjust font size and/or color to view webpages, who require audio description to access video content, and who require captions to access audio materials. The evaluation will take into consideration the following issues, but will also evaluate the website according to generally accepted standards for website accessibility, such as the Standards promulgated pursuant to Section 508 of the Rehabilitation Act of 1973, as amended:
    1. For every image posted, including photographs, charts, color-coded information, or other graphics, QuikTrip will add a text equivalent to the image, to allow persons with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.
    2. All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display
    3. QuikTrip's website will allow Web browsers and other assistive technologies to manipulate colors and font settings on its webpages for individuals with low vision or color blindness to access the content.
    4. Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to persons who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.
    5. Where appropriate, QuikTrip will also include the following considerations in developing webpages:

(1)  The inclusion of a "skip navigation" link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content;

(2)  Minimizing the use of blinking, flashing, or other distracting features;

(3)  If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;

(4)  Online forms will include descriptive tags that provide persons with disabilities the information they need to complete and submit the forms;

(5)  If sounds automatically play, visual notification and transcripts will also be provided;

(6)  For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page;

(7)  Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as webpages that use frames).

  1. Within three (3) months after the Effective Date of this Consent Decree, QuikTrip shall provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page in a conspicuous and accessible location. In that same location, QuikTrip will provide a notice soliciting feedback from visitors to QuikTrip's website on how accessibility can be improved at QuikTrip and on QuikTrip's website and shall provide an accessible means of providing such information.
  2. Within four (4) months after the Effective Date of this Consent Decree, QuikTrip shall enlist people with a variety of disabilities to test its pages for accessibility.
  3. Within four (4) months after the Effective Date of this Consent Decree, QuikTrip shall develop a Website Accessibility Action Plan to address deficiencies in effective communication of content identified in the Website Accessibility Assessment, including the feedback provided by visitors to its website and from people with disabilities enlisted to test website accessibility, and the appropriate provision of auxiliary aids and services to achieve effective communication on its website.
  4. Within five (5) months after the Effective Date of this Consent Decree, QuikTrip shall implement the Website Accessibility Action Plan with appropriate auxiliary aids and services to achieve effective communication.
  5. During the second year and subsequent years of the term of this Consent Decree, QuikTrip shall perform the steps outlined in Paragraphs 25.a. through 25.f. within a comparable period of time.

Exhibit H

Website Accessibility Assessment and Action Plan. QuikTrip analyzes its website content semiannually to ensure its accessibility. In addition to the considerations identified above, QuikTrip analyzes its website and content according to existing guidelines for accessible website design. QuikTrip provides training to in-house staff and contractors responsible for webpage and content development on website accessibility. QuikTrip also periodically enlists disability groups to test its pages for ease of use and incorporates that feedback into its Website Accessibility Action Plan. QuikTrip also solicits input from visitors on how accessibility can be improved.

17. Settlement Agreement Between the United States of America and Ahold U.S.A., Inc. and Peapod, LLC (Peapod, LLC is the owner and operator of peapod.com) Under the Americans with Disabilities Act, DJ No. 202-63-169

17. Automated Website and Mobile Application Accessibility Testing: By the Mobile Application and Website Conformance Dates, respectively, Peapod shall obtain an automated accessibility testing tool acceptable to the United States and shall evaluate conformance ofwww.peapod.com and its mobile applications with WCAG 2.0 AA. Peapod shall conduct automated accessibility tests of www.peapod.comand its mobile applications at least once every six months after the Mobile Application and Website Conformance Dates for the term of this Agreement to identify any instances where www.peapod.com and its mobile application is no longer in conformance with WCAG 2.0 AA. Peapod shall transmit the results of such tests to the United States pursuant to its reporting obligations in Paragraph 22.

18. Website and Mobile Application Accessibility Consultant and Evaluation:

  1. Within ninety (90) days after the Effective Date of this Agreement, Peapod shall retain an independent consultant ("Website Accessibility Consultant"), approved by the United States, who is knowledgeable about accessible website development, Title III of the ADA, and WCAG 2.0. The Website Accessibility Consultant's duties shall include: (1) advising Peapod on how to conform www.peapod.com and its mobile applications to WCAG 2.0 AA; (2) verifying that www.peapod.com and Peapod's mobile applications conform to WCAG 2.0 AA by the applicable Conformance Date; and (3) establishing the criteria for selecting testers with disabilities and reviewing the results of the tests.
  2. In addition to the duties set forth in Paragraph 18.a. above, on each anniversary date of the Website Conformance Date and the Mobile Applications Conformance Date, the independent Website Accessibility Consultant shall conduct and provide the parties with a written evaluation of www.peapod.com and Peapod's mobile applications' conformance with WCAG 2.0 AA (the "Accessibility Evaluation"). In the Accessibility Evaluation, the Website Accessibility Consultant shall make recommendations to improve the accessibility of www.peapod.com and its mobile applications.

19. User Accessibility Testing Group: By the applicable Conformance Date and at least once annually for the term of this Agreement after the Conformance Dates, tests shall be conducted by individuals with different disabilities, including at a minimum individuals who are blind or have low vision, individuals who are deaf or hard of hearing, and individuals who have physical disabilities affecting manual dexterity (such as those limiting the ability to use a mouse). Testing required by this Paragraph shall include the usability of the pages that are essential to the use of www.peapod.com by customers and the public, such as the webpages provided to create an account, log-in, view goods, select items and place them in the virtual shopping cart, check out and pay for items in the virtual shopping cart, and schedule delivery or pick-up.

Exhibit A

Website Accessibility.  Peapod’s policy is to ensure www.peapod.com is accessible to individuals with disabilities as follows:

  • Beginning no later than March 31, 2015 for mobile applications and September 30, 2015 for www.peapod.com, Peapod regularly conducts automated tests of and annually enlists individuals with a variety of disabilities to test www.peapod.com and its mobile applications for accessibility. In addition, Peapod includes individuals with disabilities to test any proposed substantial changes to www.peapod.comwhenever such changes are Beta tested.
  • Peapod has retained a Website Accessibility Consultant to annually evaluate www.peapod.com and its mobile applications for conformance with WCAG 2.0 Level AA.  Each year, the Website Accessibility Consultant prepares a written report based on the evaluation, which identifies any barriers and provides recommendations to enhance the accessibility of www.peapod.com.

22. Settlement Under the Americans with Disabilities Act Between the United States of America and the Connecticut State Department of Aging Under the Americans with Disabilities Act, DJ No. 204-14-170

16. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, SDA will do the following:

  1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
  2. Ensure that all new and modified web pages and content are accessible;
  3. Develop and implement a plan for making existing web content more accessible;
  4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
  5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

28. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), SDA will take reasonable steps to ensure its agency and grantees maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

23. Settlement Agreement Between the United States of America and the City of Sierra Vista, Arizona Under the Americans with Disabilities Act, DJ No. 204-8-195

35. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:

  1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
  2. Ensure that all new and modified web pages and content are accessible;
  3. Develop and implement a plan for making existing web content more accessible;
  4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
  5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

49. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

29. Settlement Agreement Between the United States of America, McNeese State University and the Board of Supervisors of the University of Louisiana System Under Title II of the Americans with Disabilities Act, DJ No. 204-33-109 [Paragraph 24(b)(5)]

24. Modifications to the University´s Web Site:

  1. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the University will distribute to all persons — employees and contractors — who design, develop, maintain, or otherwise have responsibility for content and format of its website, the technical assistance documents, "Accessibility of State and Local Government Websites to People with Disabilities," available atwww.ada.gov/websites2.htm), and "ADA Best Practices Tool Kit for State and Local Governments," available athttp://www.ada.gov/pcatoolkit/chap5toolkit.htm);
  2. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the University will do the following:
    1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
    2. Ensure that all new and modified web pages and content are accessible;
    3. Develop and implement a plan for making existing web content more accessible;
    4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
    5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.
  3. By no later than six months after the effective date of this Agreement, the University shall display on its website information to assist individuals with disabilities to identify, among other things, accessible routes through the University campus, accessible parking areas, accessible entrances to buildings, and accessible programs, services, and activities within buildings. The University shall also display detailed information regarding nonstructural alternative measures implemented, on an interim or final basis, to ensure individuals with disabilities access to programs, services, and activities. The University´s website shall be updated regularly to reflect newly added or renovated accessible features of the campus.

30. Settlement Agreement National Federation of the Blind, et. al. v. Law School Admission Council

4. Accessibility of lsac.org.

4.1     LSAC shall provide "Full and Equal Access" to the lsac.org website as provided herein no later than September 1, 2011 ("Completion Date") and continuing thereafter for the term of this Agreement. "Full and Equal Access" means that www.lsac.org meets the nonvisual requirements of WCAG 2.0, level AA and that blind guests using screen-reader software may acquire the same information and engage in the same transactions as are available to sighted guests with substantially equivalent ease of use. These accessibility requirements extend to all parts of the lsac.org website on which services or products are made available to prospective law school applicants or to LSAT and Credential Assembly Service registrants, including, but not limited to, the process of applying to law schools through lsac.org, including both the common information input fields and the input fields specific to each participating law school; and the documents and practice tests LSAC makes available online. To achieve Full and Equal Access to the law school applications, LSAC shall provide tools that enable participating law schools who wish to add input fields specific to their law schools' respective applications to do so in a manner that provides Full and Equal Access to blind persons using screen-access software. Law schools that do not use the tools referred to in this paragraph will not be able to have their applications hosted on the LSAC site.

4.2     The requirements set forth in section 4.1 above shall not apply with respect to any third-party websites that are referenced on, or can be accessed by way of links on, the lsac.org website

4.3     Designated personnel from NFB and LSAC shall confer on a quarterly basis to discuss LSAC's progress prior to the Beta Testing Date until the requirements set forth in section 4.1 above have been met. If any issues arise that affect the anticipated Completion Date, the Parties shall attempt to resolve those issues in good faith.

4.4     No later than April 5, 2011 (the "Beta Testing Date"), LSAC shall provide NFB access to a beta version of the complete lsac.org site substantially as it will be launched on or before the Completion Date. NFB shall test the accessibility of the beta site based on the requirements set forth in section 4.1, report the results to LSAC not later than May 3, 2011, and confer with LSAC about those results as described in section 4.3.

5. Fees for Beta Testing Consulting. For its role in assisting LSAC with meeting the goal in section 4.1, NFB shall be compensated at the rate of $300 per hour, in an amount not to exceed $25,000. Within 30 days of the Completion Date, NFB will provide LSAC with an invoice reflecting the services performed by NFB personnel; the dates on which those services were performed; and the number of hours worked on each of the referenced dates, in quarter-hour billing increments.

6. Monitoring.

6.1     The NFB will monitor the Isac.org website during the term of this Agreement.

6.2     Beginning approximately six months after the Completion Date, the NFB shall conduct semi-annual (1) automated accessibility testing, and (2) user testing. NFB shall report the results of those tests to LSAC with proposed corrective action to address any accessibility barriers NFB believes are revealed by the testing. After LSAC advises that it has addressed any such barriers, NFB shall conduct a second round of testing and again report its results to LSAC. If that second round reveals accessibility barriers NFB believes need to be fixed, and LSAC subsequently reports that it has addressed those issues, NFB shall conduct a third round of testing and report those results.

6.3     If, at any time on or after September 1, 2012, the Parties agree that less frequent testing is required, monitoring will thereafter occur with the frequency agreed upon by the Parties.

6.4    NFB shall be compensated at the rate of $300 per hour for time spent testing and monitoring the lsac.org website during the term of this Agreement as provided in sections 6.2 and 6.3, in an amount not to exceed $10,000 per annum. Within 30 days of completing a round of testing, NFB will provide LSAC with an invoice reflecting the services performed by NFB personnel; the dates on which those services were performed; and the number of hours worked on each of the referenced dates, in quarter-hour billing increments.

171. Aleeha Dudley, Plaintiff, And United States Of America,  Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38 

M. Web Accessibility Testing

51. Within five (5) months of the entry of this Decree, Miami will obtain, subject to the United States' approval, an automated accessibility testing tool to evaluate conformance of its web pages and web applications with this Decree.

52. Once Miami obtains the tool, and at least once every three (3) months thereafter for the term of this Decree, Miami will conduct automated accessibility tests of its websites and third-party websites that it uses for completion of critical transactions or required trainings (see Paragraph 21(d), supra) to identify where web pages and web applications fail to conform with this Decree.

53. Within one (1) month of conducting each automated accessibility test, Miami will bring into conformance with this Decree any non-conformance identified pursuant to Paragraph 52, supra. If, after conducting any such test, Miami concludes that it cannot achieve conformance within this time frame, it will proceed pursuant to Paragraph 71, infra.

N. Accessible Technology Specialist, Audit, Evaluation, and Corrective Action Plan

54. Within two (2) months of the entry of this Decree, Miami will retain or hire an Accessible Technology Specialist, and report to the United States the identity and qualifications of such individual. The Accessible Technology Specialist shall have expertise concerning:

  • (a) Accessibility and usability of web content;
  • (b) Accessible document development and remediation;
  • (c) Accessibility and usability of equipment;
  • (d) Testing and evaluation of the accessibility of web and other technologies;
  • (e) This Decree;
  • (f) How to address accessible technology barriers in the education setting; and
  • (g) WCAG 2.0.

55. Within twelve (12) months of the entry of this Decree, the Accessible Technology Specialist will conduct a University-wide Accessibility Audit of digital technologies (e.g., software, web technologies such as LMSs and instructional support applications) that Miami uses for education, web development, admissions, financial aid, registration, or any other critical function related to students or applicants. The technologies subject to the Accessibility Audit include, inter alia, third-party content, websites, or applications that Miami uses to complete critical or important transactions (see Paragraph 21(d), supra), but exclude Miami's Niikha and Canvas LMSs, both of which are addressed in Section C, "Learning Management System and Instructional Support Application Accessibility." The Accessibility Audit will examine the accessibility and usability of digital technologies for students and applicants who have disabilities.

56. Within fourteen (14) months of the entry of this Decree, the Accessible Technology Specialist will provide written findings to the United States on the University-wide Accessibility Audit and recommendations for accessibility improvements. Miami will make these findings available in an accessible format to staff and faculty, and to a student upon request.

57. Within sixteen (16) months of the entry of this Decree, Miami will:

  • (a) Create an Accessibility Audit Corrective Action Plan that will address, in order of priority, the following findings of the University-wide Accessibility Audit: (1) accessibility issues relating to LMSs and instructional support applications; (2) digital technologies affecting the needs of enrolled students with disabilities in courses required for their majors, minors, and for graduation; (3) other digital accessibility barriers that students with disabilities have brought to Miami's attention during the Audit period; and (4) other findings of the Audit that Miami deems a priority;
  • (b) Provide the United States with a copy of the Accessibility Audit Corrective Action Plan and make the Plan available in an accessible format to staff and faculty, and to a student upon request; and
  • (c) Include in the Plan a schedule by which Miami will address the Audit's findings, dates for resolving accessibility barriers department by department, and an accessible means by which students can provide feedback. The Accessibility Audit Corrective Action Plan will be revised annually to address technologies affecting the needs of newly enrolled students with disabilities and students with disabilities who have changed majors or minors, as well as technologies in courses that students must take to meet their graduation requirements. The adoption and implementation of the Accessibility Audit Corrective Action Plan will not be construed as or deemed an admission of a violation of this Decree or Title II.

58. By the conclusion of the 2018-2019 academic year, Miami will remedy the findings of the University-wide Accessibility Audit in accordance with the Accessibility Audit Corrective Action Plan.

59. The Accessible Technology Specialist will be available for the term of this Decree to assist Miami in testing technologies for accessibility and in complying with this Decree.

DOJ Project Civic Access Settlement Agreements [#36-48 and 168-169]

DOJ Project Civic Access Settlement Agreements [#36-48 and 168-169] include the following statement regarding evaluation, testing, and accessibility plan in general:

  • “Assess all proposed online services before they are made available to the public for conformance with, at minimum, WCAG 2.0 AA, by performing automated accessibility tests, using an automated tool approved by the United States, to identify any accessibility barriers and enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers.”