List of Settlements

11. Settlement Agreement Between the United States of America, the National Federation of the Blind, and Sacramento (California) Public Library Authority Under the Americans with Disabilities Act [Paragraph 9-14] [Paragraph 16]

19. Settlement Agreement Between the United States of America; the National Federation for the Blind, Inc., and the American Council for the Blind, and the Arizona Board of Regents, for and on behalf of Arizona State University [Paragraph 1-4]

171. Aleeha Dudley, Plaintiff, And United States Of America,  Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38  [Paragraphs 28-30]

174. Voluntary Compliance Agreement Between the United States of America and the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy (2019) [Paragraphs 22-30]

175. Settlement Agreement Between the United States of America and Professional Publications, Inc., DJ No. 202-79-341 [Paragraphs 8, 9]

Descriptions of Applicable Terms

11. Settlement Agreement Between the United States of America, the National Federation of the Blind, and Sacramento (California) Public Library Authority Under the Americans with Disabilities Act

9. The Library shall not acquire any additional e-reader devices for patron use that exclude persons who are blind or others who need the accessibility features referenced in Paragraph 2 (“inaccessible e-reader devices”). The prohibition on the acquisition of inaccessible e-reader devices for patron use, such as the versions of the NOOK that are the subject of the complaint originating this matter, shall also apply whenever the Library replaces the inaccessible e-reader devices currently in circulation.

10. Within sixty (60) days of the effective date of this Agreement, the Library shall acquire at least eighteen (18) e-reader devices accessible both to persons without disabilities and to persons who are blind or others who need the accessibility features referenced in Paragraph 2 (“accessible e-reader devices”).

11. Within sixty (60) days of the effective date of this Agreement, the Library shall deploy all eighteen (18) accessible e-reader devices through a pilot project (“Pilot Project”). As of the effective date of this Agreement, and through its consultation with the California State Library Braille and Talking Book Library, the Library shall have identified volunteer participants for this Pilot Project. The goal of the Pilot Project is to prepare for the rollout of the accessible e-reader devices to Library patrons who are blind or others who need the accessibility features referenced in Paragraph 2 by ensuring that proper instructions and guidance for use of the accessible e-reader devices are provided. The Pilot Project shall last for no longer than ninety (90) days from the date of deployment of the accessible e-reader devices.

12. Within one hundred eighty (180) days of the effective date of this Agreement, the Library shall deploy the accessible e-reader devices, which shall be loaded with content substantially equivalent to that on the inaccessible e-reader devices already in circulation, to Library patrons who are blind or others who need the accessibility features referenced in Paragraph 2. Until all titles loaded on the accessible e-reader devices are the same titles as those on the inaccessible e-reader devices already in circulation, no additional content shall be loaded onto any of the inaccessible e-reader devices. However, where titles on the inaccessible e-reader devices have not been downloaded to the accessible e-reader devices due solely to their commercial unavailability (but the commercially available content on the inaccessible and accessible e-reader devices is otherwise identical), the requirements of the prior sentence shall not prevent the Library from loading new content to the inaccessible e-reader devices, provided that the Library ensures that such new content is equally available for loading on the accessible e-reader devices and provided that the Library simultaneously loads that content to the accessible e-reader devices. All eighteen (18) accessible e-reader devices acquired by the Library pursuant to this Agreement shall be reserved for use by patrons with a valid borrower’s card to the Library system who are blind or others who need the accessibility features referenced in Paragraph 2 (“eligible patrons”). During the term of this Agreement, the Library shall maintain no fewer than eighteen (18) accessible e-reader devices in reserve for eligible patrons.

13. The Library may not require proof of disability, including, for example, a doctor’s note, before loaning the accessible e-reader devices to eligible patrons. However, the Library may require individuals who borrow the accessible e-reader devices to attest in writing that the accessible e-reader device is being borrowed by or for an eligible patron.

14. Within forty-five (45) days of the effective date of this Agreement, the Library shall describe and publicize the upcoming availability of the accessible e-reader devices through

  • newsletter communication;

  • outreach via emails addressed to local organizations that serve individuals with vision disabilities; and

  • a prominent, accessible posting on its homepage (at http://www.saclibrary.org/) as well as through an accessible posting on the webpage where its e-reader program is currently publicized (http://www.saclibrary.org/?pageId=1465).

16. When acquiring digital technology for use by the Library or its patrons, the Library shall henceforth (from the effective date of this Agreement) acquire only technology that does not exclude persons who are blind or others who need the accessibility features referenced in Paragraph 2, with the goal that the technologies offered by the Library in connection with its services, programs, or activities offer equal access to the Library’s patrons with disabilities.

19. Settlement Agreement Between the United States of America; the National Federation for the Blind, Inc., and the American Council for the Blind, and the Arizona Board of Regents, for and on behalf of Arizona State University

1. From the end of the Spring 2010 semester through the Spring semester of 2012, ASU agrees that if it deploys any e-book reading device in a class, it will choose a device that meets the definition of accessibility in Paragraph 8 above, provided that such a device is commercially available, at a reasonable cost, and provided that the e-reader device meets the requirements of the class.

2. The Parties understand and agree that while the classroom component of the Kindle DX Pilot program will terminate at the end of the Spring 2010 semester, ASU and ABOR will fulfill their contractual, research, and data collection obligations and fulfillment of those obligations may extend beyond the Spring 2010 semester.

3. In consideration for this Agreement and ABOR's and ASU's compliance with the terms of this Agreement, the Government agrees that it will forever refrain from investigating or filing a civil action against ABOR and ASU or taking any other action regarding ASU's participation in the Kindle DX Pilot Program, including ASU's participation in collecting data and fulfilling its related contractual obligations.

4. The NFB and ACB agree to dismiss the Action, with prejudice, within three business days of the execution date of this Agreement. The NFB and ACB further agree to completely release and forever discharge ABOR and ASU from any and all claims, rights, demands, actions, obligations, liabilities, and causes of action alleged in the Action or otherwise relating to ASU's participation in the Kindle DX Pilot Program. Each of the parties agrees to bear its own attorneys' fees and costs incurred in connection with the Action.

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

D. Textbook and Course Material Accessibility

28. Miami will provide students with disabilities equally effective communication of curricular materials (e.g., textbooks, workbooks, articles, compilations, presentations, collaborative assignments, videos, and images or graphical materials) converted to alternate formats, provided that such student registers with Student Disability Services, requests accommodations, and participates in dialogue with Student Disability Services in identifying what will be equally effective communication.

  • (a) In selecting texts and book-length course materials, including any supplementary digital applications or content provided by the publishers of such texts and book-length course materials, Miami will consider the availability of materials in accessible electronic formats, such as EPUB3, DAISY, WCAG 2.0 AA, the W3C's Web Accessibility Initiative Accessible Rich Internet Applications Suite ("WAI-ARIA") 1.0, the W3C's Authoring Tool Accessibility Guidelines ("ATAG") 2.0, the W3C's Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies ("WCAG2ICT"), the W3C's Mathematical Markup Language ("MathML") 3.0, the Braille Authority of North America's ("BANA") Guidelines and Standards for Tactile Graphics (2010), the BANA Guidelines for the Production of Braille Materials through the Use of Braille Production Software (2007), and any successors to these standards that become effective during the term of this Decree. Any supplementary digital applications or content, such as non-standalone instructional support applications, provided by the publishers of texts and book-length course materials, shall not be subject to Section C, "Learning Management System and Instructional Support Application Accessibility," supra, or Section L, "Technology Procurement," infra.
  • (b) If any student registers with Miami's Student Disability Services and identifies as having a vision or hearing disability for which modifications, auxiliary aids or services, or assistive technologies are appropriate and necessary to access his or her curricular programming, Miami will consult with that student before the beginning of each semester to determine whether the student will require curricular materials in alternate formats, what assistive technologies the student uses or needs, and what formats will work with the student's assistive technologies.
  • (c) If any student who is not subject to Subsection (b) above has registered with Miami's Student Disability Services and identifies as having a disability for which assistive technologies or the provision of curricular materials in alternate formats is necessary, Miami will consult with the student before the beginning of each semester to determine what alternate formats the student will require for his or her curricular materials, what assistive technologies the student uses or needs, and what formats will work with the student's assistive technologies. When the student registers with Miami's Student Disability Services, Student Disability Services will notify the student that he or she may request the consultations set forth in Paragraph 28(d), infra.
  • (d) Together with each instructor in each course in which the student is registered, Miami's Student Disability Services will, no later than two (2) weeks before the beginning of each course, consult with each student identified pursuant to Paragraph 28(b), supra, and each student who, pursuant to Paragraph 28(c), supra, requests the consultations set forth herein, to:
    • i. Review and discuss the course syllabus and other available information concerning the formats in which course content will be presented;
    • ii. Identify all materials, including multimedia, that will be provided to or used by students, as well as which materials will need to be converted each week of the semester, to the extent the information is set forth in the course syllabus or is otherwise available;
    • iii. To the extent the information is set forth in the course syllabus or is otherwise available, identify if any equipment will be used in the classroom (e.g., laboratory equipment) that may present an accessibility barrier to a student, and: (a) identify the accessible equipment that the student will need and how Miami will provide it; or (b) if appropriate, how Miami will provide the student with equally effective alternate access;
    • iv. Determine in what format the student prefers textual and graphical material for effective communication, including electronic format, hard copy Braille, described images, tactile images, etc.;
    • v. Confirm from the student that the format will be usable by the student's assistive technology, if applicable, or if appropriate, how equally effective alternate access will be provided; and
    • vi. Develop and memorialize in writing, an individualized plan—a copy of which will be provided to the student and instructor (e.g., in an accommodation letter)—that will set forth what accessible course materials, equipment, and other accommodations Miami will provide to the student.
  • (e) At the time a student identified pursuant to Paragraph 28(b) or (c), supra, registers with Miami's Student Disability Services, Miami shall advise the student in writing that he or she should notify Miami's Student Disability Services promptly if the student registers late for a course or transfers into a course after the course has begun. No later than two (2) weeks after receiving such notification, Miami's Student Disability Services will consult with the student and each instructor in the courses for which the student registered or transferred late. The requirements of Paragraph 28(d)(1) through (d)(6), supra, will apply to each such consultation.
  • (f) Miami will provide timely access to converted curricular material. If circumstances such as late registration, mid-semester transfers, the medium chosen, or the volume and complexity of the material will delay conversion, Miami will work with the impacted students to ensure equally effective alternate access to course materials in the interim.
  • (g) Once a month during each semester, Student Disability Services will communicate with each student subject to Paragraph 28(b) or (c), supra, to determine whether the student is receiving the necessary and requested accommodation. If the student responds that he or she has not received the necessary and requested accommodation, then Student Disability Services shall schedule an in-person meeting with the student—which will take place within three (3) business days of the student's response—to determine what further steps are necessary to provide the necessary and requested accommodation.
  • (h)Twice a semester—first, a quarter of the way through the semester, and then three quarters of the way through the semester—Student Disability Services will communicate with each instructor for each course in which a student subject to Paragraph 28(b) or (c), supra, is enrolled to remind the instructor about: (1) each student's individualized disability accommodation plan, and (2) the instructor's responsibility to provide each student with timely access to converted curricular materials—including for materials that the instructor did not list on the course syllabus but which he or she later chooses to circulate or add to the curriculum after the course has begun.
  • (i) If Miami procures web technology or software pursuant to Paragraph 50(e), infra, Miami shall not use the web technology or software in any course section in which a student with a disability enrolls, if the student's disability impairs his or her ability to use the inaccessible web technology or software and Miami cannot implement equally effective alternate access in a timely manner.

29. Within three (3) months of the entry of this Decree, Miami will submit for the United States' approval procedures for providing students with disabilities with timely access to accessible textbooks and course materials (e.g., digital, hard copy Braille, tactile graphics, captioned multimedia, etc.) in a manner consistent with this Decree.

30. Within three (3) months of the beginning of the fall 2016 semester, Miami will train its personnel who are responsible for converting, or coordinating the third-party conversion of, textbooks, workbooks, and course materials for students with disabilities about:

  • (a) Methods of making accessible PDFs, word processing documents, and presentations, and methods of remediating inaccessible PDFs, word processing documents, and presentations, including the addition or remediation of headings, alternative text, and accessibility of material provided in links and multimedia;
  • (b) Proofreading and remediating scanned text submitted to optical character recognition;
  • (c) Captioning and audio describing multimedia;
  • (d) Providing images in tactile formats; and
  • (e) Procedures for converting materials into Braille that would be appropriate and effective for individual students, including the standards set forth in the BANA Guidelines and Standards for Tactile Graphics (2010) and Guidelines for the Production of Braille Materials through the Use of Braille Production Software (2007).