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SECTION SETTLEMENT AGREEMENT This Settlement Agreement is entered into between the National Federation of the Blind, the Council of Parent Attorneys and Advocates, Inc., and the National Association for the Advancement of Colored People, Inc. ( SECTION PlaintiffSECTION s ); and Elisabeth D. DeVos, in her official capacity as Secretary of Education, Kenneth L. Marcus, in his official capacity as Assistant Secretary for Civil Rights, and the U.S. Department of Education ( SECTION DefendantSECTION s ) (collectively, the Parties ). Whereas the Parties now mutually desire to resolve all of the claims asserted by SECTION PlaintiffSECTION s in this action without the need for further litigation, and without any admission of liability, the hereby accordingly agree to compromise, settle, and resolve all of the claims asserted by SECTION PlaintiffSECTION s in this action on the following terms and conditions 1. Stipulation of Dismissal Within ten (10) calendar days of the Effective Date (as defined in paragraph 11), the Parties will execute and cause to be filed, in the United States District Court for the District of Maryland, a Stipulation of Dismissal in the form appended hereto at Exhibit l. 2. Relief a. SECTION DefendantSECTION s agree that the U.S. Department of Education Office for Civil Rights ( OCR ) will resolve, in accordance with the procedures set out in Article III of the November 2018 Case Processing Manual ( CPM ), the website accessibility complaints that were previously dismissed under section 108(t) of the March 20 I8 CPM and opened as directed investigations under section 402 of the November 2018 CPM. Any closure letters for such directed investigations will comply with the relevant sections of Article III of the November 2018 CPM (i.e., section 302(c) or section b. OCR will reissue to complainants letters of finding(s) in the 24 website accessibility directed investigations that were previously closed for insufficient evidence no later than 45 calendar days from the date the signed stipulation of dismissal is filed with the Court. The reissued letters of finding(s) will comply with section 303(e) of the November 2018 CPM. c. OCR has also opened directed investigations, pursuant to section 402 of the November 2018 CPM, of 16 housing disability complaints that had previously been dismissed pursuant to section 108(t) of the March 2018 CPM. OCR will resolve these directed investigations in accordance with the procedures set out in Article III of the November 2018 CPM. Any closure letters for such directed investigations will comply with the relevant provisions of Article III of the November 2018 CPM (i.e., section 302(c) or section d. For complainants whose complaints were dismissed for insufficient evidence under section 303(a) of the CPM between March 5, 2018 and November 19, 2018, SECTION DefendantSECTION s agree to offer complainants an opportunity to appeal those dismissals. In the request for an appeal, a complainant must explain why either (a) he or she believes the factual information was incomplete or incorrect, or (b) the legal analysis was incorrect, or (c) the appropriate legal standard was not applied, and how correction of any error(s) would change the outcome of the case. Failure to do so may result in the dismissal of the appeal. See November 2018 CPM § 307. e. SECTION PlaintiffSECTION s agree to notify their members of the opportunity to appeal being offered in paragraph (2)(d) of this Agreement no later than 30 calendar days from the date the signed stipulation of dismissal is filed with the Court. Complainants must 2 submit any appeal request no later than 60 calendar days after SECTION PlaintiffSECTION s notify their members of the opportunity to appeal. 3. Attorneys' Fees and Costs SECTION DefendantSECTION s agree to pay to SECTION PlaintiffSECTION s the sum of in attorneys' fees and costs in full and final settlement of any and all claims for attorneys' fees and costs in connection with this case. 4. Releases Subject to the terms in paragraph 11 of this Agreement, SECTION PlaintiffSECTION s hereby waive, release, and forever discharge SECTION DefendantSECTION s, all of the Department of Education's agencies, components, offices, or establishments, and any officers, employees, agents, or successors, either in their official or individual capacities, of any such department, agency, component, office, or establishment, from any and all claims, demands, and causes of action of every kind, nature, or description, whether known or unknown, which have been or could have been asserted in this action, or any other administrative or judicial proceeding against SECTION DefendantSECTION s, arising out of or in connection with the events alleged in the Second Amended Complaint in National Federation of the Blind, et al. v. U.S. Department of Education, et al., Case No. (D.Md.). 5. No Admission of Liability This Agreement is not and shall not be construed as an admission by SECTION DefendantSECTION s of the truth of any allegation or the validity of any claim asserted in this action or the SECTION DefendantSECTION s' liability therein. Nor is it a concession or an admission of any fault or omission in any act or failure to act, nor shall it be construed for any purpose whatsoever as an admission or presumption of wrongdoing on the part of SECTION DefendantSECTION s. Nor shall any of the terms hereof be offered or received in evidence or in any way referred to in any civil, criminal, or administrative action (except in an action to enforce its terms). 3 6. Entire Agreement The terms of this Agreement, and the attachment thereto, constitute the entire agreement of the Parties entered into in good faith, and no statement, remark, agreement, or understanding, oral or written, which is not contained herein, shall be recognized or enforced; nor does this Agreement reflect any agreed-upon purpose other than the desire of the Parties to reach a full and final conclusion of this action and to resolve the matter without the time and expense of further litigation. 7. Modification and Amendment This Agreement cannot be modified or amended except by an instrument in writing signed by the party to be charged therewith; nor shall any provision hereof be waived other than by a writing setting forth such waiver and signed by the party to be charged with such waiver. 8. Rule of Construction This Agreement shall be considered a jointly drafted agreement and shall not be construed against any party as the drafter. 9. No Third-Party Rights This Agreement is not intended to create, and does not create, any third-party beneficiary rights or any other kinds of rights or privileges for any person, group or entity. 10. Execution This Agreement, which may be signed in counterparts, shall take effect upon execution by all signatories below. This Agreement may be executed on copies sent by electronic mail with the same force and effect as an executed original of the same. 11. Effective Date and Term The effective date of this Agreement shall be the date on which it is executed by the undersigned parties. This Agreement shall terminate and the case shall be dismissed with prejudice one year from the date of the filing of the stipulation of dismissal unless (1) the Parties jointly move the Court to terminate the Agreement earlier; or (2) pursuant to Local Rule 111, SECTION PlaintiffSECTION s move the Court, upon a 4 showing of good cause, to reopen the case because the terms of this Agreement have not been consummated. The Parties agree not to dispute that SECTION PlaintiffSECTION s' filing of such a motion constitutes an appropriate mechanism to enforce the provisions of this Agreement. However, this agreement shall not be deemed to waive any available defenses to the substance of such motion, and any right or authority to contend that no breach of this Agreement has occurred. SECTION PlaintiffSECTION s agree to meet and confer with SECTION DefendantSECTION s at least 30 days prior to filing such a motion with the Court. SECTION DefendantSECTION s agree to provide SECTION PlaintiffSECTION s with an update on the status of the directed investigations pursuant to paragraphs 2a, 2b, and 2c no later than 60 days prior to the expiration of this Agreement. IN WITNESS WHEREOF, the Parties hereto have personally signed this Agreement or have caused this Agreement to be signed by their duly authorized representatives intending to be bound. 2-/ Dated j,/, 2020 Eve L. Hill Anisha S. Queen Brown, Goldstein & Levy, LLP 120 E. Baltimore St., Ste 1700 Baltimore, MD 21202 Tel ehill@browngold.com Counselfor SECTION PlaintiffSECTION s _2+-/ Dated --/, 2020 Marsha Stelson Edney, Esq. United States Department of Justice Civil Division, Federal Programs Branch 1100 L Street, N.W. 5 Washington, D.C. 20005 Tel Marsha.Edney@usdoj.gov Counsel for SECTION DefendantSECTION s 6

Summary: 


On May 31, 2018, The National Federation of the Blind filed this lawsuit in the U.C. District Court for the District of Maryland (Northern Division). The plaintiff sued the U.S. Department of Education and the Secretary of Education along with the Acting Assistant Secretary, claiming that the changes to the 2018 OCR Manual violated the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., and was contrary to the mission of the OCR. These changes in § 108(t) of the 2018 OCR Manual require mandatory dismissal of complaints if the claim is either part of a pattern of complaints against multiple recipients, or places an unreasonable burden on OCR's resources. These changes also eliminate the appeal rights of complainants. The parties came to a settlement agreement reopening complaints dismissed under the contested rules of the manual and allowing parties that had their cases dismissed under the rule to petition the Department to reopen their cases. The case is not officially closed until February 2021, when the parties can no longer file for further enforcement.

