List of Settlements
1. Settlement Agreement Between The United States Of America and The City Of Dekalb, Illinois, DJ No. 205-23-59 [Paragraph 20]
2. Settlement Agreement Between the United States of America and the City of Fallon, Nevada, DJ No.205-46-12 [Paragraph 20]
3. Settlement Agreement Between the United States of America and the City of Isle of Palms, South Carolina, DJ No. 205-67-11 [Paragraph 20]
4. Settlement Agreement Between the United States of America and the City of Vero Beach, Florida, DJ No. 205-18-16 [Paragraph 20]
5. Settlement Agreement Between the United States of America and the City of Parowan, Utah, DJ No. 205-77-1 [Paragraph 20]
6. Settlement Agreement Between the United States of America and the Village of Ruidoso, New Mexico, DJ No. 205-49-24 [Paragraph 20]
9. Settlement Agreement Between The United States Of America And Florida State University, DJ No. 205-17-13 [Paragraph 22]
12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255 [Paragraph 18]
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 12]
21. Settlement Agreement Between the United States of America and Blair County, Pennsylvania, DJ No. 204-64-153 [Paragraph 11]
30. Settlement Agreement National Federation of the Blind, et. al. v. Law School Admission Council [Paragraph 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 21-25] [Paragraphs 31-32] [Paragraph 48]
172. Settlement Agreement Between the United States of America and the City and County of Denver, Colorado, DJ No. 204-13-298 [Paragraph 36a.]
173. Settlement Agreement Between the United States of America and the City of Trinidad, Colorado, DJ No. 204-13-317 [Paragraph 31 (typo “8”)]
Descriptions of Applicable Terms
1. Settlement Agreement Between The United States Of America and The City Of Dekalb, Illinois, DJ No. 205-23-59
Web Accessibility
20. Within one hundred and fifty (150) days of the effective date of this Agreement, the City shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”).The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.
2. Settlement Agreement Between the United States of America and the City of Fallon, Nevada, DJ No.205-46-12
Web Accessibility
20. Within one hundred and twenty (120) days of the effective date of this Agreement, the City shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2. 0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2. 0 AA”). The WCAG 2. 0 AA is available at: http://www. w3. org/TR/WCAG20/.
3. Settlement Agreement Between the United States of America and the City of Isle of Palms, South Carolina, DJ No. 205-67-11
Web Accessibility
20. Within ninety (90) days of the effective date of this Agreement, the City shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”). The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.
4. Settlement Agreement Between the United States of America and the City of Vero Beach, Florida, DJ No. 205-18-16
Web Accessibility
20. Within ninety (90) days of the effective date of this Agreement, the City shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2. 0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2. 0 AA”). The WCAG 2. 0 AA is available at: http://www. w3. org/TR/WCAG20/.
5. Settlement Agreement Between the United States of America and the City of Parowan, Utah, DJ No. 205-77-1
Web Accessibility
20. Within ninety (90) days of the effective date of this Agreement, the City shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”). The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.
6. Settlement Agreement Between the United States of America and the Village of Ruidoso, New Mexico, DJ No. 205-49-24
Web Accessibility
20. Within ninety (90) days of the effective date of this Agreement, the Village shall ensure that its employment opportunities website and job applications contained therein conform to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”). The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.
9. Settlement Agreement Between The United States Of America And Florida State University, DJ No. 205-17-13
22. Within ninety (90) days of the Effective Date of this Agreement, FSU shall ensure that its FSU Police Department website, including its employment opportunities website and its mobile applications, conform to, at a minimum, the Web Content Accessibility Guidelines 2.0 Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”). The WCAG 2.0 AA is available at: http://www.w3.org/TR/WCAG20/.
10. Settlement Agreement Between The United States of America and The Orange County Clerk of Courts Under the Americans with Disabilities Act, DJ No. 204-17m-440
16. Accessibility of the Official Court Record. Within 90 days of the effective date of this Agreement, and throughout the term of the Agreement, the Clerk of Courts will do the following to make access to the official court record accessible to qualified individuals with vision disabilities:
- Establish and implement procedures for individuals with disabilities to request court documents in an accessible format, and designate a person or persons in the Clerk of Courts’ office, and/or a qualified outside contractor, responsible for electronic and website accessibility, who will respond to any requests for documents in alternate formats.
- Upon request by (or on behalf of) an individual with a disability, provide the individual with any documents that are posted on the Clerk of Courts’ ECF System (should one exist during the term of this Agreement), the State’s eFiling Portal or other ECF System, or are a part of the Circuit Court’s official court record in an accessible format, at no additional charge, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.
- Individuals may request documents for an entire case in a single request. In addition, once the Clerk of Courts is notified that an individual with a vision disability is a participant in a case before the Ninth Judicial Circuit Court of Florida, Orange County Division, whether as a litigant, attorney, or in some other capacity, the Clerk of Courts shall ensure that all documents filed in that case are provided to the individual with a vision disability in an accessible format, without any further requests, at no additional charge, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.
- The determination of what qualifies as “timely” shall be made on a case by case basis. For the purpose of this Agreement, documents requested in an alternate accessible format should usually be provided within five business days and in sufficient time to allow litigants to respond to the court document, where relevant, in a timely manner and within any deadlines imposed by law or the court. In addition, the Clerk of Courts shall keep individuals with disabilities apprised of the status of the expected delivery of requested or anticipated accessible documents.
- For the purpose of this Agreement, electronic documents will be considered “accessible” if they comply with the Web Content Accessibility Guidelines 2.0 level AA (“WCAG 2.0 AA”), available at http://www.w3.org/TR/WCAG20/.2 However, if an individual with a disability requests a different format, the Clerk of Courts shall give primary consideration to the requested format(s) of the individual with a disability.
- Establish and implement written procedures for the submission and handling of complaints received regarding alleged violations of the ADA, the inaccessibility of the Clerk of Courts’ ECF System (should one exist during the term of this Agreement), and/or the inaccessibility of documents under the custody or control of the Clerk of Courts.
- Prominently post on the Clerk of Courts’ homepage, on the Clerk of Courts’ ECF homepage should one exist during the term of this Agreement, and in any other appropriate publications addressing electronic filing, the procedures established pursuant to subparagraphs 16(b) and 16(c), with clear instructions for how to submit such a request or complaint, including posting a telephone number and email address designated for these purposes.
- Review the Clerk of Courts’ ECF System, should one exist during the term of this Agreement, to ensure that the system does not interfere with or impede uploading of accessible documents and/or interfere with accessibility features of accessible documents.
- Ensure all documents created by the Clerk of Courts and/or the Circuit Court that are posted on the Clerk of Courts’ ECF System (should one exist during the term of this Agreement) or are otherwise made part of the official court record after the effective date of this Agreement, are accessible in accordance with WCAG 2.0 AA.
12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255
18. Website, Mobile Application, and LMS Deadline: Within eighteen (18) months after the Effective Date of this Agreement, edX shall:
- www.edx.org , its mobile applications, and the LMS conform with, at minimum, the Web Content Accessibility Guidelines (“WCAG”) 2.0 AA, published by the Web Accessibility Initiative of the World Wide Web Consortium (“W3C”). In achieving such conformance and usability by people with disabilities, edX may rely upon the User Agent Accessibility Guidelines (“UAAG”) 1.0, the Authoring Tool Accessibility Guidelines (“ATAG”) 2.0, and the Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (“WCAG2ICT”), published by the W3C, as well as guidance published by the W3C’s Mobile Accessibility Task Force.
- Ensure that any changes or additions to www.edx.org , its mobile applications, or the LMS do not cause any of them to fall out of conformance with, at minimum, WCAG 2.0 AA;
- Ensure that the CMS enables the creation and presentation of content that conforms with WCAG 2.0 AA; and
- Ensure that www.edx.org, its mobile applications, and the Platform do not block or interfere with any accessibility features in Course Content provided by Content Providers, including any content published in accessible formats such as:
- WCAG 2.0 AA;
- MathML for digital mathematical and scientific notation;
- WCAG2ICT for non-web software and content;
- The Web Accessibility Initiative Accessible Rich Internet Applications Suite (“WAI-ARIA”);
- The Digital Accessibility Information System (“DAISY”) Standard, published by the DAISY Consortium, for digital publications and documents; or
- EPUB3, published by the International Digital Publication Forum, for digital publications and documents; and
- Retain all the steps listed in Paragraph 13 above, which edX has adopted, to increase the accessibility of www.edx.org and courses available on its Platform
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
12. Web Accessibility Conformance Timeline: H&R Block shall ensure full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations provided by and through www.hrblock.com, its mobile applications, and its Online Tax Preparation Product according to the following timeline and requirements:
- Phase I: By January 1, 2015, H&R Block shall ensure that www.hrblock.com and the Online Tax Preparation Product conform to, at minimum, the Web Content Accessibility Guidelines 2.0 Level A and AA Success Criteria (“WCAG 2.0 AA”).
- Phase II: By January 1,2016, H&R Block shall ensure that its mobile applications conform to, at minimum, the WCAG 2.0 AA.
- If H&R Block uses or integrates third-party plug-ins or content, H&R Block shall provide a method of obtaining and using such content that conforms to WCAG 2.0 AA, except that at present, H&R Block uses a third-party plug-in to display the map location of its physical offices. This plug-in is not in conformance with WCAG 2.0 AA. No later than three (3) years after the Effective Date, H&R Block will provide a method of obtaining and using map content that conforms to WCAG 2.0AA
15. Settlement Agreement Between the United States of America and the National Museum of Crime and Punishment Under Title III of the Americans with Disabilities Act
21. Within 120 days of the effective date of this agreement, the NMCP shall ensure that its website conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines (“WCAG”) 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium (“W3C”), Web Accessibility Initiative (“WAI”), available at www.w3.org/TR/WCAG.
18. Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act, DJ No. 204-33-116
Exhibit 1
Web Pages
- New Pages: All new and redesigned web pages, web applications and web content (“web pages”) published by any college, department, program, unit, or professor that are available to students, prospective students, or applicants must comply with the Web Content Accessibility Guidelines 2.0 level AA (“WCAG 2.0 AA”).
- Pre-Existing Pages (published prior to the effective date): Each college, department, program, unit and professor that controls or operates a web page(s) available to students, prospective students, or applicants will develop and implement a plan to make pre-existing web pages posted since January 2010 comply with WCAG 2.0 AA by December 1, 2014.
- The plan should prioritize pages that are most used or of most importance to students, prospective students, or applicants.
- The plan should be posted on the department, program, unit, or professor’s website and updated as implementation proceeds.
- Legacy and Archive Pages: Upon a specific request for access by an individual with a disability, pre-existing pages, legacy pages (i.e., published prior to January 2010) and pages in archive status (e.g., no longer in use but subject to records retention schedules) containing core administrative or academic information, official records, and similar information must be updated to be in compliance with WCAG 2.0 AA or the content must otherwise be made available to the requesting individual in a timely and accessible manner. Timeliness should be considered in the context of the type of information or service a page provides and generally within ten (10) business days.
Instructional Materials
- Each college, department, program, unit and professor using pre-existing instructional materials and online courses created or used since January 2010 will develop and implement a plan to make them accessible in compliance with WCAG 2.0 AA by December 1, 2014. The plan should be posted on the department, program, unit, or professor’s website and updated as implementation proceeds.
Other Technology for Effective Communication
- The University will ensure that any new technology it makes available to students, prospective students or applicants, including web applications, hardware, software, telecommunications, and multimedia is accessible, if such new technology is commercially available and its purchase does not result in undue financial and administrative burdens or a fundamental alteration. If a product is available and meets some, but not all, of the relevant accessibility provisions of WCAG 2.0 AA, the product that best meets the standard must be procured.
- The University will develop and implement a process to ensure electronic and information technology purchased by the University is accessible, including:
a.Language in all technology contracts requiring contractors to warrant their compliance with WCAG 2.0 AA, to provide accessibility testing results and written documentation verifying accessibility, to promptly respond to and resolve accessibility complaints, and to indemnify and hold the University harmless in the event of claims arising from inaccessibility.
b.A process for determining whether providing effective communication in the University’s electronic and information technology would result in undue financial and administrative burdens or a fundamental alteration.
c.Procedures for providing equally effective alternate access for technology acquisitions that are approved for exception (see below).
d.Milestones and timelines.
21. Settlement Agreement Between the United States of America and Blair County, Pennsylvania, DJ No. 204-64-153
11. For the duration of this Agreement, the County will advertise and publish through the County website and other appropriate local media, the polling place locations that are accessible to voters with disabilities. Within six (6) months of the effective date of this Agreement, the County’s website must comply with the Web Content Accessibility Guidelines 2.0 level AA, published by the World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), available at www.w3.org/TR/WCAG.
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.
E. Student Organization Website Accessibility
31. Within six (6) months of the entry of this Decree, Miami will:
- (a) Cause any websites, web pages, and web applications (e.g., "The Hub," https://muhub.collegiatelink.net/) that it provides for use by student organizations that have registered with Miami to: (1) conform with WCAG 2.0 AA, and (2) not block or interfere with any accessibility features in content uploaded by students and other individuals who may upload content to such websites, web pages, and web applications ("Content Providers").
- (b) Cause the content management systems that Miami uses for such websites, web pages, and web applications to employ templates with fields designed to assist Content Providers with producing and uploading WCAG 2.0 AA-conforming content (e.g., fields prompting Content Providers to insert text alternatives ("alt text") for images).
- (c) Develop a guide for Content Providers entitled "How to Make Web Content Accessible." This guide will: (1) describe steps for making content that is uploaded to the content management systems referenced in Paragraph 31(b), supra, conform with WCAG 2.0 AA, and (2) list resources for producing accessible content.
- (d) Post a copy of the guide to each of the content management systems referenced in Paragraph 31(b), supra.
- (e) Distribute to each Content Provider a copy of the guide, upon the Content Provider's registration with any of the websites, web pages, or web applications that Miami makes available for use by student organizations that have registered with Miami.
- (f) Inaccessible Digital File Conversion Submission Page
32. Within three (3) months of the entry of this Decree, Miami will create a WCAG 2.0 AA-conforming web page that contains instructions to permit:
- (a) Qualified individuals with disabilities who are students, staff, or applicants for admission to Miami to submit or upload for Miami's remediation inaccessible documents, images, and multimedia that have been: (1) created by Miami and published on its websites; or (2) sent to or received at a Miami email address, or that have been posted to a Miami website (such as the Hub), by Miami students or staff in connection with curricular activities, student government, major student publications (Miami Student, Miami Quarterly, and UP Magazine), student organizations that have registered with Miami, residential life activities (e.g., dorm movie nights) sponsored or organized by Miami's Residence Hall Association, student participation in or attendance at campus theatrical and musical performances, student participation in or attendance at campus art shows, or student participation in or attendance at recreational events and activities (e.g., intramural sports).
- (b) Qualified individuals with disabilities who are former students of Miami to submit or upload for Miami's remediation inaccessible files (e.g., documents, images, and multimedia) on websites that Miami directs former students to use for completion of critical or important functions (e.g., websites used for obtaining transcripts).
K. Accessible Educational Resources Portal
48. Within six (6) months of the entry of this Decree, Miami will: (a) create web pages (Accessible Educational Resources Portal) linked to its home page that conform to WCAG 2.0 AA and that identify resources for Miami employees and contractors to communicate effectively with students with disabilities through various technologies, and (b) provide notice to students with disabilities about the policies, procedures, and resources identified on the Accessible Educational Resources Portal. Miami will also send an email to all Miami employees, contractors, and students that describes and provides a hyperlink to the Accessible Educational Resources Portal.