(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."
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     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.
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     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.
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