(Handwritten) Approved by ILLEGIBLE the Court MAY ILLEGIBLE 5/16/94 ILLEGIBLE ILLEGIBLE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE UNITED STATES OF AMERICA, ) ) Plaintiff, ) CV 92-2879 (TFH) ) V. ) ) ) BECKER C.P.A. REVIEW, ) ) Defendant. ) ) JOINT MOTION TO APPROVE CONSENT ORDER Plaintiff United States of America and Defendant Becker C.P.A. Review now jointly move this Court to approve and enter the attached Consent Order in settlement of the above captioned matter. Respectfully submitted on this 13th day of May, 1994, For the Plaintiff: For the Defendant: (Handwritten) V. Colleen Miller (Handwritten) Burton J. Fishman _____________________ ________________________ V. Colleen Miller Burton J. Fishman Public Access Section Tucker, Flyer and Lewis Civil Rights Division 1615 L Street, N.W. U.S. Department of Justice Washington, D.C. 20036 P.O. Box 66738 Tel: (202) 429-3208 Washington, D.C. 20035-6738 Tel: (202) 307-0663 01-04375 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE UNITED STATES OF AMERICA, ) ) Plaintiff, ) CV 92-2879 (TFH) ) v. ) ) ) BECKER C.P.A. REVIEW, ) ) Defendant. ) ) CONSENT ORDER This action was brought by the United States against Becker CPA Review ("Becker" or "Defendant"), to enforce the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.  12101 et seq. In its complaint the United States alleges that Defendant, in its operation of its CPA Review course, a national review course that prepares students for the national certified public accountant examinations, has violated title III of the ADA by failing to provide appropriate auxiliary aids and services to students with hearing impairments. Specifically, the complaint alleges that Becker refused requests to provide a qualified sign language interpreter to Rod Jex, an individual who is deaf. The complaint further alleges that Becker has a general policy of refusing to furnish qualified sign language interpreters and other appropriate auxiliary aids and services, and, instead, to offer only instructor notes, transcripts of pre-recorded audio lectures, and transparencies 01-04376 (collectively known as "J-notes") to students with hearing impairments. The United States' complaint alleges that Becker's general policy and practice discriminates on the basis of disability in the full and equal enjoyment of the privileges and advantages of a place of public accommodation; does not provide individuals with disabilities an opportunity to participate that is equal to that afforded others; fails to make reasonable modifications in policies, practices and procedures; and fails to provide necessary auxiliary aids and services to ensure effective communication. Defendant's Answer denies any violation of the Americans with Disabilities Act. Defendant does not assert that the provision of auxiliary aids and services would be an undue burden, as defined in the regulation at 28 C.F.R.  36.104. Defendant contends that prior to this litigation it had a policy of offering a single type of auxiliary aid to deaf persons, the "J-notes," along with an option to sit close to the instructors, and offered headsets connected to the tapeplayers for persons who are hard of hearing. Defendant agrees that prior to this litigation it did not provide sign language interpreters, but contends that, until this litigation is concluded, it is providing and will continue to provide sign language interpreters when requested. Plaintiff contends as follows: that the transcripts do not adequately communicate the contents of the course, that the "J-notes" are designed for instructor use and are confusing and difficult for students to follow, that because of frequent 01-04377 interruptions in the audio presentation, synchronization of the "J-notes" is not feasible for some students with hearing impairments, that the "J-notes" do not reflect any interaction between the class and instructors, that learning from the "J-notes" limits a hearing impaired student to only one medium for learning, and that the transcripts are not always offered to students with hearing impairments; that significant portions of some classes are presented live by instructors and are not reflected in the transcripts; and that some people with hearing impairments are unable, without interpreters, to understand the course, to participate fully in the classroom experience, and to enjoy all offered benefits of the course. Defendant does not agree with these contentions. Both parties moved this Court for summary judgment. This Court denied the motions and urged settlement of this case. Defendant maintains that it is committed to full compliance with the Americans with Disabilities Act. To demonstrate that commitment, Defendant has agreed to implement policies and procedures, set forth below, that are designed to ensure that appropriate auxiliary aids and services will be provided where necessary to afford effective communication of the contents of the Becker course between and among students and to afford students with disabilities a benefit equal to that provided to other Becker students. In light of this agreement, the parties have determined that the government's suit can be resolved without additional costly and protracted litigation and have - 3 - 01-04378 prepared and agreed to the terms of this Order, without a trial on the merits. This Order resolves all issues raised in the complaint. It is limited to those issues and does not address Becker's other obligations under the ADA, including Becker's obligation to provide its courses in physically accessible locations. This Order is final and binding on all parties to this action, including all principals, agents, and successors in interest of the Defendant, as well as any person acting in concert with them. The parties stipulate as follows: A. This Court has jurisdiction of this action under 42 U.S.C.  12188(b)(1)(B) and 12189 and 28 U.S.C.  1331 and 1345. B. Defendant Becker CPA Review is an unincorporated partnership with national headquarters located in Encino, California. C. Defendant Becker CPA Review offers a course designed to prepare its students for the national CPA examination. The Becker course is offered in approximately 120 cities throughout the nation. D. Defendant is a person offering a course related to applications, licensing, certification, or credentialing for secondary or postsecondary educational, professional, or trade purposes within the meaning of the ADA, 42 U.S.C.  12189 and 28 C.F.R.  36.309. - 4 - 01-04379 E. Defendant is a public accommodation as defined by the ADA, 42 U.S.C.  12181 and 28 C.F.R.  36.104. F. Rod Jex, Mark Summers, Amy Markel, Teresa Kidwell, Cynthia Rohlin, Deborah Mundell, and Sheilah Palm are individuals with disabilities within the meaning of the ADA, 42 U.S.C.  12102(2); 28 C.F.R.  36.104. Because of their disabilities, these students require auxiliary aids and services to ensure that the Becker course is effectively communicated to them, to ensure that they can participate equally in the class, and to ensure that they receive benefits equal to those provided to other Becker students. G. Becker's policy and practice prior to this litigation was to offer one form of communication assistance to deaf persons requesting auxiliary aids and services. ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: A. Declaration 1. It is a violation of the Americans with Disabilities Act to maintain a policy of providing auxiliary aids and services that does not recognize individual communication needs. 2. Effective communication, for the purposes of this Order, shall be deemed to mean contemporaneous communication of the breadth of the Becker educational experience, among all participants, in a manner that can be understood by each individual with a hearing impairment and that allows for equal participation in the educational experience offered by the Becker course. Nothing in this Order shall be construed as requiring - 5 - 01-04380 that Becker ensure equal pass rates as to students with hearing impairments and those without. B. General Injunction 3. Defendant, its officers, agents and employees, and all other persons in active concert or participation with any of them, are enjoined from failing to furnish to students with disabilities appropriate auxiliary aids and services to ensure effective communication. C. Specific Injunctive Relief 4. For purposes of this Order, the term "Becker staff" shall include all individuals who are employed by Becker CPA Review, full time or part time, paid or unpaid, including contractors, and who are involved in the Becker course and have responsibilities implicated by this Consent Order. Becker staff includes, but is not limited to: all administrative staff who work in the national, regional, and local Becker offices; all Becker interviewers and classroom facilitators; all Becker instructors; and all Becker student assistants. 5. For purposes of this Order, the term "student" shall include current and prospective students. 6. Becker shall provide to students with hearing impairments appropriate auxiliary aids and services to ensure effective communication. a. Appropriate auxiliary aids and services include qualified interpreters (sign language interpreters, oral interpreters, cued speech, etc.), computer-aided - 6 - 01-04381 transcription (CAT) services, assistive listening devices, notetakers, transcripts, special seating locations including a reserved seat in the front row of a class, student transcript assistants, staff persons assigned to assist a student in following "J-notes," and other similar aids and services or combinations thereof, as described below, that provide access to the Becker course for students with hearing impairments. b. On receipt of a request for auxiliary aids or services from a Becker student, Becker may either provide the requested auxiliary aid or service or may require the student to participate in a consultation meeting. The consultation meeting shall be at no cost to the student. c. Becker shall provide to the student, prior to the consultation meeting, a written description of the course and the proposed auxiliary aid or service. The description to be used when the "J-notes" method is offered is attached hereto as exhibit A. d. The purpose of the consultation meeting is for Becker to fully explain the Becker course and to demonstrate Becker's proposed auxiliary aid or service (e.g., assistive listening devices; transcripts of the recorded lectures, i.e., the "J-notes"), to the student and for the student to ask questions about the proposed accommodation and explain his or her communication needs. This consultation meeting shall be held as soon - 7 - 01-04382 as practically possible after receipt of the request for an auxiliary aid or service and shall be in person at a location mutually agreed to by the student and Becker staff. Becker shall have an instructor, student assistant, or other staff as necessary present at the consultation meeting to assist with the demonstration. The student will be asked to attend a current Becker class or portion thereof, prior to the session that the student seeks to attend, to test the "J-notes," as described in attachment A, or other offered auxiliary aid or service, in actual use. Becker shall make all arrangements for the student to take a live make-up class for any class time missed while testing the "J-notes," if necessary. However, a student who can articulate, based on experience or personal skills, reasons why the "J-notes" are not appropriate for him or her will be provided the requested auxiliary aid or service as set forth in subparagraph 6g. below without testing the "J-notes." Becker shall not exert any undue pressure or coercion on a student to make a particular decision to test the "J-notes" as provided above. e. Becker shall have available during the consultation meeting a computer terminal, writing materials or any other auxiliary aid or service necessary to assist with communication. The student - 8 - 01-04383 may also bring his or her preferred choice of auxiliary aid to the consultation meeting. f. The student may have three days following the consultation meeting to consider Becker's proposed auxiliary aid or service. g. If, following the consultation process described in paragraph 6d above, the student requests sign language interpreters or other auxiliary aids or services, Becker shall provide them. If the student agrees to try the "J-notes" as an auxiliary aid but subsequently requests sign language interpreters or other auxiliary aids or services, Becker shall provide them. h. After the expiration of the later time period set forth in paragraph 7 for evaluating the "J-notes," Becker may offer the "J-notes" auxiliary aid, as described in attachment A, only after any revisions reflecting the evaluation process have been implemented. i. Becker shall consult with the student periodically to determine whether the proffered auxiliary aid or service is effective for that student and to make necessary adjustments in the auxiliary aid or service provided. 7. Within 45 days of the date of this Order, the United States will provide to Becker a report describing problems or - 9 - 01-04384 successes with the "J-notes" and their utilization identified by deaf students and students with hearing impairments who have been in contact with the Department of Justice. The United States' role will be limited to summarizing problems and successes identified by individuals and will not include an evaluation of asserted problems and successes, or any recommendations concerning them. Becker shall evaluate the report and the "J-notes" method, as described in attachment A, in order to determine whether steps can be taken to improve the course for deaf students and students with hearing impairments. This evaluation and any revisions resulting from it shall be completed within 6 months of receipt of the report. 8. Becker shall pay $20,000 to the United States for disbursement to students from among those identified in paragraph F. above who assist in the evaluation process described in paragraph 7, above. Only students who waive their rights to damages arising from the incidents and policies described in this action, by signing a waiver as attached to this Order at Attachment B, will be eligible to receive a payment. Any funds not distributed to the students within 90 days of receipt by the Department of Justice of the full payment from Becker shall be added to the scholarship fund identified in paragraph 18 below. 9. Becker shall immediately appoint a national ADA coordinator. The national ADA coordinator shall be responsible for ensuring that the terms of this agreement are fully and properly implemented and shall act as a liaison with all regional - 10 - 01-04385 and local Becker offices. The national ADA coordinator also shall ensure that all Becker staff are properly instructed regarding Becker's responsibilities under the terms of this Order. The national ADA coordinator shall be responsible for ensuring that the needs of students with disabilities are properly and promptly satisfied. 10. Within 30 days of this Order, Becker shall establish the following procedures to be followed by Becker staff in handling requests for auxiliary aids and services: a. Any Becker staff person who receives a request for an auxiliary aid or service shall promptly refer that student to the national ADA coordinator. b. The ADA coordinator shall promptly initiate the procedure established in paragraph 6 above. c. After a decision is made regarding what specific type of auxiliary aid or service will be offered, the ADA coordinator shall take all necessary steps to ensure that the student's needs are properly and promptly satisfied. Such steps may include but are not limited to arranging for notetaking services, locating and making arrangements for the presence of qualified interpreters, hiring student transcript assistants, or appointing staff persons whose sole functions are to assist students with hearing impairments, and ensuring that adequate copies of the "J-notes," as described in attachment A, are available. - 11 - 01-04386 d. The ADA coordinator shall ensure that all auxiliary aid(s) or service(s) will be available to the student prior to the commencement of the course. It is recognized that, in rare instances, requests for auxiliary aids or services will be made at a late date, and that Becker may not be able to provide the requested aid or service prior to the commencement of the Becker course. Becker shall then make every effort to procure the appropriate aid or service by the earliest possible date. In the rare instance when a request is made at a late date that prevents the timely procurement of the appropriate aid or service, Becker shall assist the student with make-up classes, including the provision of necessary auxiliary aids and services for those make-up classes. e. Becker shall provide auxiliary aids or services to students with hearing impairments at no cost to those students for all current and future classes. Students with hearing impairments shall be required to pay all usual course fees and shall be entitled to all usual course discounts, to the same extent that similarly situated non-disabled students pay such fees and receive such discounts. 11. Within 45 days of this Order, Becker shall provide instruction to all staff regarding Becker's change in policy. - 12 - 01-04387 Specifically, Becker shall: a. Provide instruction to its staff on issues such as various types of hearing disabilities, the types of auxiliary aids and services that are available for use by students with hearing impairments, and the nature of the course presentation as it relates to persons with hearing disabilities. Becker shall include, in all instructional materials for staff position, information relating to the procedures that must be followed to ensure that appropriate auxiliary aids and services to ensure effective communication are provided to students who need them. b. Notify its staff regarding the identity of the national ADA coordinator and instruct the staff to contact this person if they have any questions concerning the availability of auxiliary aids and services. c. Provide staff instructional materials regarding the procedures that must be followed to ensure that appropriate auxiliary aids and services to ensure effective communication are provided to students who need them. 12. Becker shall immediately require all Becker staff to comply with the provisions of this Consent Order. 13. Becker shall include in its major advertising materials, including "double postcards," printed or published 60 days or more after the effective date of this Order, the phrase - 13 - 01-04388 "Accommodations for people with disabilities available". 14. In its next regular printing and all subsequent printings of its registration booklet and class handouts for the first class, Becker shall include information regarding the availability of auxiliary aids and services for students with hearing impairments. The registration booklet and first class handouts shall include the statement, "Accommodations for people with disabilities are available. Please contact Becker's national ADA coordinator, (name) at (phone) as soon as possible to arrange for a consultation." 15. Within 14 days of this Order, Becker shall provide for distribution to all staff a brief description of this Consent Order and shall re-distribute it 30 days prior to the beginning of each Becker course. Becker shall also distribute a brief description of this Consent Order to all new Becker staff within 10 days of their starting date or when new Becker staff receive orientation materials and shall incorporate the brief description in all training materials made available to new staff. Becker shall also provide a brief description of this Consent Order to all Becker students requesting auxiliary aids and services and to other Becker students upon request. 16. Effective immediately, Becker shall continue to provide qualified sign language interpreters, as well as any other necessary auxiliary aids and services, to Rod Jex, Mark Summers, and Amy Markel, for the duration of their participation in the Becker course. This paragraph is not intended to create an - 14 - 01-04389 obligation on Becker to provide any additional free continued attendance beyond that already available to the students identified in this paragraph. 17. Nothing in this order is intended to relieve any other entity of a pre-existing legal obligation to provide auxiliary aids. 18. Within 30 days of this Order, Defendant shall create a scholarship fund in the amount of $25,000 at the California State University, Northridge, for deaf or hearing impaired students seeking an education in the field of accounting. 19. The parties agree that during the pendency of this litigation, defendant attempted to mitigate any potential damages that might arise by developing a policy of providing a sign language interpreter to any person who requested one. Plaintiff contends that this policy was partially implemented but was not uniformly administered. F. Implementation 20. For three years from the date of this Order, Defendant shall make biannual reports to the Department of Justice detailing Becker's compliance with this Order. Reports shall be filed with the Department of Justice 30 days after the completion of each Becker course and shall contain: (a) the name, telephone number, and address of each individual who requested an auxiliary aid or service; (b) the nature of each request; (c) the date of each request; (d) the disposition of each request; and (e) if a request was not granted in full, the reasons that the request was - 15 - 01-04390 not granted in full, and a description of all actions taken by Becker with respect to such request. On request from the Department of Justice, and with the student's consent, Becker shall also provide copies of all documents relating to a specific request. Information relating to any individual shall be treated as confidential by the parties unless specific written consent has been given by that individual. 21. For three years from the date of this Order, the United States shall have the right, upon reasonable notice, to inspect and copy any and all Becker records related to Becker's obligations stated herein. These records include, but are not limited to, Becker's advertising materials, training materials, license agreements, student requests for auxiliary aids or services, and student files. 22. For three years from the date of this Order, Defendants shall submit a report to the United States, in writing, within 30 days of the receipt by the national ADA coordinator or the national headquarters of any written complaint relating to discrimination on the basis of disability with respect to the provision of auxiliary aids and services. Such report shall include a copy of the complaint, copies of all documents in Becker's possession relating to the complaint, and a statement of Becker's actions, if any, taken in response to the complaint. 23. The parties shall attempt to negotiate a resolution of any dispute relating to interpretation or implementation of this -16- 01-04391 Order before bringing the matter to the Court's attention for resolution. 24. The United States may review compliance with this agreement at any time. If the United States believes that defendant has violated this agreement or any requirement contained herein, it may institute a civil action in any federal district court. If the Court makes a determination of a violation of this Consent Order, defendant stipulates to the payment of a penalty for each such violation. The amount of the penalty shall be within the Court's discretion. The Court may also award damages. Failure by the Department of Justice to seek enforcement of this Consent Order with regard to one provision shall not be construed as a waiver of its right to do so with regard to the same or other provisions of this Order. 25. The parties agree that if there is a subsequent change in federal statutes or regulations that affects the obligations of the parties under this Order, either party may seek Court modification of this Order. 26. This case is administratively closed, but the Court shall retain jurisdiction of this action to enforce the provisions of this Order for three years from the date of this Order after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of the -17- 01-04392 requirements imposed by this Order, in which case those specific requirements shall be extended. Entered and Ordered this _____________day of _____________ 1994. ___________________________ Honorable Thomas F. Hogan United States District Judge Agreed and Consented to: FOR DEFENDANTS: FOR PLAINTIFF: Becker CPA Review United States of America (Handwritten) Burton J. Fishman (Handwritten) L. Irene Bowen ______________________ __________________________ BURTON J. FISHMAN L. IRENE BOWEN Tucker, Flyer and Lewis MARC DUBIN 1615 L Street, N.W. V. COLLEEN MILLER Washington, D.C. 20036-5610 KATE NICHOLSON Tel: (202) 429-3208 Public Access Section Civil Rights Division JONATHAN H. STEINBERG U.S. Department of Justice Irell and Manella P.O. Box 66738 1800 Avenue of the Stars Washington, D.C. 20035 Suite 900 Tel: (202) 307-0663 Los Angeles, CA 90067-4276 Tel: (310) 277-1010 -18- 01-04393 ATTACHMENT A for distribution to interested deaf students or students with hearing impairments Thank you for your interest in the Becker C.P.A. Review Course. There are a variety of accommodations, including assistive listening devices, transcripts and interpreters, that can be put into place for deaf students or students with hearing impairments, depending on your individual need. If, after reading the information on this page, you have any additional questions or need an assistive listening device, please call Susan Eby at 703-352- 2530 (TDD). While the Becker Course is a highly interactive course, much of the course material is on audiotape. Generally, our instructor will begin the class with preliminary comments and then turn on the audiotape. The tape will be turned off periodically to allow you time to work problems, to answer old CPA exam multiple choice questions and, on occasion, to hear comments from your instructors. The Becker Course has several different ways to make sure that you get the full learning value of the course. For persons who are deaf or who have hearing impairments, we offer a transcript of the audio lecture. These transcripts also include some of the interjects an instructor will use during the lecture. We invite you to a demonstration of the transcript of the audio lecture, and other accommodations described below, so that you can see whether they will provide effective communication to you. Additionally, we encourage you to try the transcript in an actual classroom, prior to a class that you are actually interested in taking, if that is possible. If, after we demonstrate the transcript to you, you believe that you need some other type of accommodation, such as a sign language interpreter, we will provide that at no cost to you. The Becker Course relies on experienced professional instructors who are there to give individual help. The instructors also are there to clarify points, answer questions, and make points of their own. The practical experiences of your instructors are sometimes woven into the lecture to bring the material to life. To ensure that you do not miss out on any of the learning value of the course, there are additional accommodations that we can offer. We will provide, where necessary, a student assistant or staff person who will monitor the transcript that you are reading and point out in the notes where the class is in the transcript. The student assistant will point out when the instructor is making a comment that is in the transcript as well. Instructor comments that are 01-04394 not contained in the transcript, and students' questions and answers, will be written out for you. The Becker Course is designed to maximize class time for learning the material you need for the CPA exam. You will work hard, but you will work hard in class. However, with certain precautions, we will also permit you to take the transcript home for review. If you can make use of lipreading, we will ensure that you have a seat in the front of the class and will ask the instructors to face you when speaking. Instructors will be told to repeat students' questions before answering them. We will also ensure that the room lighting is adequate for your needs. There are some Becker instructors who lecture extensively and do not rely on the audiotape as much as most instructors do. We will attempt to identify those instructors for you, and will provide additional accommodations as necessary because the transcripts may not be followed fully in those classes. If you have any complaints about the provision of auxiliary aids to you, you must put the complaint in writing and send it to Becker's national ADA coordinator, Susan Eby, at 3541 Chain Bridge Road, Suite 208 A, Fairfax, Virginia, 22030 or send it by telefacsimile to (703) 352-2532 (fax). 01-04395 ATTACHMENT B I,________________________________ , hereby agree that in consideration of Becker C.P.A Review's agreement to the terms of a Consent Agreement and Order, and any payments to me for providing input to be provided to Becker C.P.A. Review, I hereby release Becker C.P.A. Review, its staff and any other persons related to Becker C.P.A. Review, from any all claims, complaints or charges however denominated, that I may have under federal, state or local law, arising from or in any way related to the facts and circumstances alleged in United States v. Becker C.P.A. Review, CV 92-2879 (TFH). I understand that this is a complete release that bars me from asserting any claim, complaint or charge against Becker C.P.A. Review or persons related to it, arising from or in any way related to the facts and circumstances in United States v. Becker C.P.A Review. I am familiar with the facts and circumstances of that case which have been explained to me by lawyers or other representatives for the United States. AGREED TO and SIGNED this_________day of_______________ , 1994. ___________________________ __________________________ Notary 01-04396 CERTIFICATE OF SERVICE I certify that I have this 13th day of May, 1994, served upon the person listed below, by hand delivery, a true and correct copy of the foregoing Joint Motion to Approve Consent Order and attached Consent Order: BURTON FISHMAN Tucker, Flyer and Lewis 1615 L Street, N.W. Washington, D.C. 20036-5610 (Attorney for the Defendant) (Handwritten) V. Colleen Miller ___________________________ V. Colleen Miller, Attorney Public Access Section Civil Rights Division United States Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 01-04397 Department of Justice FOR IMMEDIATE RELEASE CR FRIDAY, MAY 13, 1994 (202) 616-2765 NATION'S LARGEST CPA REVIEW COURSE AGREES TO PROVIDE SERVICES FOR STUDENTS WITH DISABILITIES WASHINGTON, D.C. -- The nation's largest CPA review course has agreed to provide sign language interpreters and other auxiliary aids to students who need them under a settlement reached today with the Justice Department. Today's settlement resolves the first suit ever filed by the Justice Department under the Americans with Disabilities Act (ADA). In the suit, the Justice Department alleged that Becker CPA Review, Inc. violated the ADA by refusing to provide interpreters and other necessary auxiliary aids to students who are deaf or have hearing impairments. Title III of the ADA prohibits discrimination by public accommodations, such as educational services, against persons with disabilities. "Today we have opened the gateway to the accounting profession for persons with disabilities," said Assistant Attorney General for Civil Rights Deval L. Patrick. "While the path to becoming a public accountant is a rigorous one, we have smoothed the way for students with hearing impairments." (MORE) 01-04398 -2- In 1992, shortly after Title III went into effect, the National Center for Law and Deafness filed a complaint with the Justice Department against Becker. According to the complaint, Becker, which prepares students for licensing tests to become certified public accountants, refused to provide an interpreter for a student with a hearing impairment. After unsuccessfully attempting to resolve the complaint with Becker, the Justice Department sued the accounting course in federal court. Thereafter, the Department learned about numerous other students who said they had been denied interpreters, help from student assistants, or seats near the front of the class so they could lipread. Under the proposed consent decree, submitted for approval to the U.S. District Court in Washington, D.C., Becker will: * provide sign language interpreters and a variety of other auxiliary aids to students who need them for full participation in the course; * pay $20,000 to the Department of Justice to be distributed to deaf and hearing impaired students who provide recommendations for further improvements in Becker's use of auxiliary aids. Payments will be distributed among up to seven students who claim they were denied appropriate auxiliary aids; * establish a $25,000 scholarship fund for accounting students who have hearing impairments and who attend California State University, Northridge; * train its 800-person staff on its new policy; * include information about the policy in advertising and registration materials; and * appoint a national coordinator to respond to requests for auxiliary aids. (MORE) 01-04399 -3- Under the agreement the Company will no longer only offer audiotape transcripts used by the instructors. After consultation with students requesting auxiliary aids, Becker now will provide an interpreter to any student who articulates an expected inability to benefit effectively from the transcripts. "While Title III does not require interpreters on demand, neither does it allow covered businesses to require that every individual use a single form of auxiliary aid in a class, regardless of his or her means of communication," Patrick said. The Justice Department may seek an order seeking compliance, damages, and penalties if Becker fails to comply with the terms of the agreement. # # # 94-256 01-04400