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THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA

THE UNITED STATES OF AMERICA, Plaintiff
v.
AMERICAN ASSOCIATION OF STATE SOCIAL WORK BOARDS, Defendant

CONSENT DECREE

Background

The United States filed concurrently with this Consent Decree a civil action to enforce title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181 - 12189, against the American Association of State Social Work Boards ("AASSWB"). This matter was initiated by a complaint filed by Mr. Douglas Elliott, an individual with a vision impairment, with the United States Department of Justice under title III of the ADA (Department of Justice Complaint No. 202-28-12). In his complaint, Mr. Elliott alleged that AASSWB violated title III of the ADA by failing to offer an examination in a manner that is accessible to persons with disabilities. See 42 U.S.C. § 12189 and 28 C.F.R. § 36.309. Specifically, Mr. Elliott alleged that AASSWB violated title III by failing to provide him with a "qualified reader," 28 C.F.R. § 36.309(b)(3), when he took the social work examination. He also alleged that AASSWB's actions violated title III because it did not administer the social work examination so as to "best ensure ... the examination results accurately reflect the individual's aptitude or achievement level ... rather than reflecting the individual's impaired sensory ... skills," 28 C.F.R. § 36.309(b)(1)(i).

The United States Department of Justice investigated this complaint pursuant to its statutory mandate to investigate alleged violations of title III of the ADA, 42 U.S.C. § 12188(b)(1)(A)(i).

AASSWB denies the allegations propounded by Mr. Elliott and contends the reader was fully qualified as required under the ADA. AASSWB also contends that the examination was administered in a manner to best ensure that the results reflected each testing candidate's aptitude and achievement. It further contends that, as an accommodation, Mr. Elliott was provided replacement readers on subsequent occasions, and that the replacement readers were satisfactory.

Agreement

Because AASSWB and the United States desire to settle this matter without resort to litigation, AASSWB has agreed, in part, to implement written policies to provide qualified readers to qualified individuals with disabilities, as defined by the ADA. The policies were developed based on the principles laid out in an attachment to a letter the Department of Justice mailed to AASSWB on June 25, 1998, which analyzes the ADA's requirement that testing entities must offer examinations in a manner accessible to persons with disabilities. A copy of the attachment to the June 25, 1998 letter is attached as Exhibit A. AASSWB does not necessarily agree with the legal interpretations laid out in Exhibit A.

The parties recognize that strict exam security measures are necessary for professional licensure and certification examinations. Therefore, exam security is a legitimate concern for testing organizations with professional licensure and certification examinations and is one appropriate factor to consider when analyzing requests for testing accommodations under the ADA.

This Consent Decree reflects the entire understanding between the parties in regard to the resolution of this matter and is intended to resolve all remaining disputes between the parties, including the disposition of the captioned lawsuit.

Accordingly, it is hereby agreed by the parties and ordered by the Court as follows:

  1. AASSWB will, within five days of the date on which the Court enters this Consent Decree, mail to Mr. Elliott the release that is attached as Exhibit B. Within ten days of receiving the signed Release from Mr. Elliott, it will mail him a check in the amount of $1,500. AASSWB agrees to provide the United States with evidence that this payment has been made (a copy of the letter and the check) within ten days of the date this payment is mailed.

  2. The parties agree that this Consent Decree is neither an admission by AASSWB of any violation of the ADA, nor an admission by the United States of the merits of any of AASSWB's potential defenses.

  3. AASSWB verifies that the policies attached as Exhibit C constitute its written policies for the provision of qualified readers and that it will act in accordance with such policies beginning on the effective date of this Agreement.

  4. AASSWB will ensure that all companies with which it contracts now and in the future to administer the social work examination are in compliance with these policies. AASSWB currently contracts with ACT, Inc. ("ACT") to administer the social work examinations. AASSWB has obtained from ACT a written agreement to comply with the policies attached as Exhibit C when administering AASSWB social work examinations. ACT's written agreement is attached to this Consent Decree as Exhibit D.

  5. AASSWB verifies that it has designated its Examination Services Coordinator(s) to serve as ADA Compliance Coordinator(s).

    1. The ADA Compliance Coordinator(s) will serve as a resource to other employees of AASSWB regarding ADA issues, and will serve as a liaison between AASSWB and people with disabilities who seek to use AASSWB's programs and services.

    2. AASSWB's ADA Compliance Coordinator(s) will during the term of this Consent Decree annually attend a seminar concerning a private entity's obligations under title III of the ADA. The ADA Compliance Coordinator will attend a seminar no later than September 30, 2000, and annually thereafter.

  6. AASSWB will, within thirty days of the date on which the Court enters this Consent Decree, distribute a copy of the Consent Decree, the policies attached at Exhibit C, other documents developed by AASSWB to implement the attached policies, and a copy of the notice posted on its website (see ¶ 9) to all of its employees involved in any way with the social work examination.

  7. AASSWB will, within thirty days of the date on which the Court enters this Consent Decree, conduct a training session(s) with all of its employees involved in any way with the social work examination to explain the policies contained in the Consent Decree and in Exhibit C, including how to respond to requests for readers and how to obtain qualified readers.

  8. AASSWB will, within thirty days of the date on which the Court enters this Consent Decree, have the policies contained in Exhibit C available for distribution to people who request information about registering a sight-impaired candidate for an examination. The policies will specifically advise testing candidates with vision impairments that, prior to the day of the examination, they have the right to learn the identity of the assigned reader, receive a summary of the reader's previous reading experiences, and work with the reader to establish familiarity. The name(s), address(es) and telephone number(s) of the ADA Compliance Coordinator(s) also will be distributed.

  9. AASSWB will post on its website a notice that lists the policies contained in Exhibit C. Specifically, AASSWB has on its website a section titled "Licensing Examinations." AASSWB agrees to include a sub-section titled "ADA Accommodations Information." An additional sub-section will be titled "Accommodations policies for individuals with sight impairments," and this will list the policies contained in Exhibit C.

  10. AASSWB verifies that it has provided notice to its member boards regarding the policies contained in this Consent Decree and in Exhibit C.

  11. The United States may review compliance with this Consent Decree throughout the term of this Consent Decree. As a part of the review, the United States may, upon thirty days written notice to Counsel for AASSWB, require written descriptions concerning compliance and be provided with copies of documents relevant to compliance.

  12. In the event that AASSWB fails to comply in a timely manner with any provision of this Consent Decree, the United States will attempt to seek an amicable resolution of the matter. If the parties are unable to reach an amicable resolution of the matter, the United States may either petition this Court to enforce the agreement or may notify AASSWB that the agreement is no longer operative and may file suit to enforce title III of the ADA. The United States' failure to seek enforcement of any provision of this Consent Decree shall not be construed as a waiver of its right to do so with regard to the same provision or other provisions of this Consent Decree.

  13. AASSWB will not discriminate or retaliate against any person because of his/her participation in this matter.

  14. This Consent Decree is a public document. AASSWB will make a copy of this Consent Decree and the exhibits available to any person on request.

  15. This Consent Decree does not purport to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Consent Decree. This Consent Decree does not affect AASSWB's continuing responsibility to comply with all aspects of the ADA. However, this Consent Decree does resolve all issues relative to Mr. Elliott and any examination administration undertaken by him through AASSWB including, but not limited to, those administrations referenced in Department of Justice Complaint No. 202-28-12 and all issues in the Complaint captioned United States v. American Association of State Social Work Boards, which was filed simultaneously with this Consent Decree.

  16. The individuals signing this Consent Decree represent that they are authorized to bind the parties to this Consent Decree.

  17. The terms of this Consent Decree shall be binding on all successors to the parties signing this pleading.

  18. This Consent Decree shall remain in effect until May 1, 2003. At that time, this Consent Decree shall terminate unless the United States moves for cause for an extension. This Court retains jurisdiction over this case for the purpose of deciding any issue that may arise under this Consent Decree, and for purposes of enforcement of this Consent Decree. Any party may bring such issues before the Court by filing an appropriate motion.

  19. The effective date of this agreement is the date on which the Court enters this Consent Decree.

  20. This Consent Decree constitutes the entire agreement between the parties relating to Department of Justice Complaint No. 202-28-12, and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this Consent Decree, shall be enforceable.

    SO ORDERED this ______ day of _______________, 2000.

    _____________________________________
    United States District Judge

    AGREED AND CONSENTED TO:

    DON NICKERSON
    United States Attorney
    Southern District of Iowa
    Suite 286
    U.S. Courthouse Annex
    110 E. Court Ave.
    Des Moines, Iowa 50309-2053
    (515) 284-6257

    BILL LANN LEE
    Acting Assistant Attorney General
    for Civil Rights

    ______________________________
    JOHN L. WODATCH
    Chief
    L. IRENE BOWEN
    Deputy Chief
    DANIEL W. SUTHERLAND
    Trial Attorney
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, D.C. 20035-6738
    (202) 307-0663

______________________
American Association of State Social Work Boards
400 South Ridge Parkway
Suite B
Culpeper, Virginia 22701

E X H I B I T A

Under title III of the Americans with Disabilities Act, entities that offer examinations must offer those examinations in a manner accessible to persons with disabilities. See 42 U.S.C. § 12189. The implementing regulations require that entities offering examinations must provide appropriate auxiliary aids for persons with disabilities, including "qualified readers." 28 C.F.R. § 36.309(b)(3). The regulations also require that the examination must be administered so as to "best ensure" that the examination results accurately reflect the test-taker's aptitude or achievement level rather than reflecting the individual's impairments. 28 C.F.R. § 36.309(b)(1)(i).

  1. For the purposes of the social work examination, a "qualified reader" under 28 C.F.R. § 36.309(b)(1)(i) and (b)(3), is:

    1. An individual who is proficient in reading for people with vision impairments or other disabilities.

      Proficiency in reading for a person with a disability can be established in one of three ways. First, the testing agency can allow the test-taker to choose his or her own reader. The test-taker will then produce a reader with whom he or she is familiar. While some testing agencies may be concerned about the integrity of the test if a test-taker supplies his or her own reader, there are several reasonable steps that can be taken to deal with these concerns. For example, a proctor can monitor the test-taker and the reader. Moreover, the testing agency may place reasonable restrictions on the choice of a reader, such as:

      * the reader cannot be a family member;

      * the reader cannot be someone who is likely to take the test in the near future;

      * the reader cannot be someone who has taught the subject matter to the test-taker; or,

      * the reader cannot be someone who has tutored the test-taker regarding the test to be administered.

      Second, the testing agency can supply a reader who is unfamiliar to the test-taker but who is experienced in reading for people with disabilities. The testing agency would need to verify that the reader has read for people with disabilities on a number of occasions and that those people would recommend the reader.

      Third, the testing agency can supply a reader who is unfamiliar to the test-taker and who is inexperienced in reading for people with disabilities if it first provides a training program for the individual. The training program would include instruction on how to read for a person with a disability, and the instruction would need to include actual practice in reading.

      Whether the testing agency provides a reader or allows the test-taker to supply his or her own reader, the testing agency cannot assess a surcharge to the test-taker for the cost of the reader.

    2. An individual who is familiar with the examination.

      Even an individual who is experienced in reading for people with disabilities needs orientation relating to the specific examination that he or she will read. The reader needs to become familiar with:

      * technical terms in the examination, so that he or she can pronounce the words.

      * the subject matter of the examination so that he or she is aware of any sensitive subjects in the examination (for example, issues related to counseling people with sexual problems that could be the subject of questions on an examination for social workers, or reproductive health issues discussed in an examination for nurses).

      * any charts, graphs, maps or mathematical formulas so that he or she can adequately describe them to the test-taker. The testing agency could address this issue by supplying the reader with a script containing the exact language for describing a chart or a map.

      If the test-taker is allowed to supply his or her own reader, the test-taker would assume the responsibility for this issue. The test-taker can familiarize the reader through working on practice examinations supplied by the testing agency.

    3. An individual who has worked with the person with a disability prior to the examination.

      If the testing agency does not allow the test-taker to supply his or her own reader, the test-taker and the reader must be able to meet before the examination to establish personal familiarity and to allow the reader to become acclimated to the test-taker's style of receiving information.

      The testing agency may not place unnecessary burdens on test-takers with disabilities. For example, it may be difficult for a test-taker and reader to meet prior to the examination if the test-taker lives in a rural area far from the city where the examination is offered. Therefore, the testing agency must be flexible in implementing its policies. The reader and the test-taker could meet by telephone. Another example could involve the schedule for the examination. The social work examination is a four hour test usually held in the morning. The testing agency could be flexible with regard to the starting time so that the test-taker and reader could meet together for a few hours that morning, before the examination begins. To illustrate, the testing agency could allow the two individuals to work together from 8 a.m. to 11 a.m., break for lunch, and then begin the examination at 1 p.m.

  2. To "best ensure" an accurate examination under 28 C.F.R. § 36.309(b)(1)(i), the reader, test-taker and test officials must meet prior to the examination.

    The testing agency must also consider one additional factor. To "best ensure" that the "examination results accurately reflect the individual's aptitude or achievement level ... rather than reflecting the individual's impaired sensory ... skills," 28 C.F.R. § 36.309(b)(1)(i), it is also necessary that the reader and the person with a disability meet with the proctor and test officials prior to the examination. It is necessary for the proctor to make the ground rules for the examination clear. For example, the test-taker and the reader need to be clear about the extent to which the reader can assist the test-taker with mathematical calculations. The proctor must also make clear how the reader can describe charts, graphs, maps and mathematical calculations. If the testing agency supplies a script for the reader to follow, the proctor, the reader and the test-taker need to discuss the script in advance. The proctor should describe the types of questions that a reader can answer, and make the time parameters for the examination clear. To ensure that unnecessary burdens are not placed on test-takers with disabilities, this meeting could be conducted by telephone or could be conducted on the day of the examination.

E X H I B I T B

RELEASE

I,  Douglas Elliott, agree that in consideration for the agreement of the American Association of State Social Work Boards ("AASSWB") to the terms of the Consent Decree in United States v. American Association of State Social Work Boards, including remedies offered to me, I release AASSWB, its staff, and other persons related to AASSWB, from any and all claims, complaints or charges however denominated, that I may have under the Americans with Disabilities Act and parallel state and local laws, arising from the facts and circumstances alleged in United States v. American Association of State Social Work Boards.

I  understand that this is a complete release that bars me from asserting any claim, complaint or charge against AASSWB, arising from the facts and circumstances in United States v. American Association of State Social Work Boards.

I  acknowledge that I am familiar with the facts and circumstances of United States v. American Association of State Social Work Boards. I acknowledge that I am aware of the contents of the Consent Decree and this Release, and that the Department of Justice informed me that I could avail myself of legal counsel but I declined to do so. I acknowledge that the Department of Justice has not provided me with advice concerning the wisdom of waiving the claims released in this Release, and that I have chosen voluntarily to release these claims.

Agreed to and signed this _____ day of ___________, 2000.

______________________________
Douglas Elliott




________________________
Notary Public

E X H I B I T C

American Association of State Social Work Boards

  1. Policies Regarding Accommodations for Candidates with Sight Impairments.

    Candidates with sight impairments may choose from among the following accommodations available for the social work licensure examination administration:

    1. A standard cassette taped version of the examination.

    2. Large print (18 pt.) test book.

    3. A Braille version of the examination.

    4. Extra time, up to eight hours total (double the time allowed for the regular examination administration).

    5. A private room.

    6. A qualified reader provided by the association or its testing contractor.

    7. A flexible starting time for the examination, if necessary to allow for a pre-examination meeting between the candidate and the reader.

  2. Policies Regarding Readers for Candidates with Sight Impairments

    1. Readers must have the following qualifications:

      1. Hold at least a high school diploma and be at least 18 years old.

      2. Be able to read test materials accurately and intelligibly for up to eight hours without first reviewing the materials.

      3. Have studied the written instructions that will be provided to readers ("AASSWB Examination Program: Information for Readers for Candidates with Sight Impairments"). The reader must familiarize him or herself with the terminology in the test materials before reading for the examination.

      4. Have successful previous experience in reading to persons with sight impairments and must provide AASSWB with a statement describing that experience (for example, reading to help a student with homework, reading for a professional in the workplace, or reading for an examination), or be willing to participate in a related training program. The training program will include but not necessarily be limited to:

        1. Practice reading portions of the examination aloud in the presence of the test center manager prior to the scheduled examination administration.

        2. Reading a publication describing the functions of a reader.

        3. (iii) Working with the candidate on the telephone or in person (see item 5).

      5. Be willing to meet with the candidate (on the telephone or personally) before the examination for a sufficient length of time to allow the testing candidate to be satisfied that the reader will be able to convey the information effectively (e.g., at an appropriate rate of speed, with clarity and with correct pronunciation and phrasing), and that the reader is familiar with the structure of the examination, the terminology used in the examination, and the rules governing the examination.

    2. To ensure a good working relationship between the candidate and reader, AASSWB will follow the following procedures:

      1. The reader will be identified to the testing candidate at least four days prior to the day of the examination.

      2. At that time, AASSWB will notify the testing candidate that he/she has the right to be provided with a description of the assigned reader's qualifications or previous reading experience. Upon such a request, AASSWB will respond immediately.

      3. Also at that time, AASSWB will notify the testing candidate that he/she has a right to meet with the assigned reader prior to the examination. Upon such a request, AASSWB will immediately arrange the meeting. The meeting will be for a sufficient length of time to allow the testing candidate to be satisfied that the reader will be able to convey the information effectively (e.g., at an appropriate rate of speed, with clarity and with correct pronunciation and phrasing), and that the reader is familiar with the structure of the examination, the terminology used in the examination, and the rules governing the examination. The meeting will not be for the purpose of assisting the candidate to learn or prepare for the substance of the examination, but to establish familiarity between the candidate and the reader.

      4. The reader will be provided with specific written instructions, including instructions regarding appropriate interaction with candidates and how to read the examination.

      5. If after communicating with the reader proposed by AASSWB the candidate provides a reasonable basis for concluding that the reader will not be able to effectively communicate with him/her during the course of the examination, the candidate may notify AASSWB of his/her concerns. If AASSWB is notified of the concerns prior to the scheduled administration of the examination, it will make reasonable efforts to accommodate the candidate by providing a substitute reader. If AASSWB is not able to provide a substitute reader in time for the scheduled administration of the examination, it will offer the testing candidate the option of accepting the currently assigned reader or having the examination rescheduled. Every effort will be made to reschedule the test within seven business days.

      6. A meeting will be held between the candidate, the reader, and Test Center personnel prior to the examination to clarify the procedures, including the time parameters of the test administration. The meeting will also clarify the procedures for handling any mathematical calculations, charts or graphs that appear in the examination.

      7. AASSWB will be flexible with regard to the starting time for the examination. This will allow for the possibility that the meeting between the testing candidate and the reader may occur on the day of the examination.

      8. AASSWB may provide the reader with sample test questions and answers so that the testing candidate and the reader may practice the process of reading in the context of an examination.

    3. The following methods will be used for monitoring and evaluating the experience:

      1. Proctor will monitor activities during the examination administration.

      2. Candidate will have an opportunity to rate the tape, Braille examination, or reader at the end of the examination.

      3. Reader will have an opportunity to evaluate the reading experience.

    4. To ensure the security of its examinations, the reader must agree to follow procedures for secure test administration approved by AASSWB.

AASSWB Examination Program
Information for Readers for Candidates with Sight Impairments

This information will assist you in reading the examination. Please familiarize yourself with this information before you contact the candidate or go to read the examination. You should discuss this information with the candidate.

  1. When you receive your reading assignment you may be required, at the request of the candidate who is taking the examination, to be available for a telephone conference or a face-to-face meeting, to allow for practice reading, prior to the test administration.

  2. The meeting will be for a sufficient length of time to allow the testing candidate to be satisfied that the reader will be able to convey the information effectively (e.g., at an appropriate rate of speed, with clarity and with correct pronunciation and phrasing), and that the reader is familiar with the structure of the examination, the terminology used in the examination, and the rules governing the examination.

  3. The meeting will not be for the purpose of assisting the candidate to learn or prepare for the substance of the examination, but to establish familiarity between the candidate and you. Your role is not to assist the candidate to learn the material or to suggest the proper answers to questions.

  4. If you cannot make the scheduled test appointment, please notify the test center and the candidate as soon as possible or at least 24 hours before the scheduled appointment.

  5. You must arrive at the test center at least one-half hour before the scheduled test time; or one-half hour before an appointment with the candidate for practice reading, if requested.

  6. At the end of the examination a Sylvan Test Center staff member will give you an evaluation form on which you will rate your experience reading to the candidate.

    Interaction with the Candidate

    DO NOT touch the candidate, unless asked to assist the candidate to and from his/her seat.

    DO NOT ask personal questions, i.e., Can you see at all? How did you lose your sight?, etc.

    DO NOT engage in unrelated conversation.

    DO NOT comment on the material that you are reading.

    Instructions for reading the examination

    1. Before you begin reading the directions and guidelines for taking the test, ask the candidate for his or her instructions. You should receive instructions in areas such as:

      1. How the candidate would prefer that you read punctuation.

      2. The pace at which the candidate would like you to read.

      3. How to emphasize or indicate words or phrases that are in bold type, underlined or entirely capitalized.

      4. How to read hyphenated phrases.

      5. How to read numerals in the text (read "108" as "one hundred, eight" or "one-oh-eight");

      6. How to pronounce acronyms (by voicing the individual letters, e.g., D-S-M, or by pronouncing them as if they were a single word, e.g., NASA).

      7. How to handle technical words that may appear in the examination. Words that are difficult to pronounce or are used only in specialized professions may appear in the examination (for example, medications such as haloperiodol, alprazolam, or xanax, or, conditions such as cyclothymia or dysphoria). You should discuss how to read or spell technical terms such as these.

      8. How to handle questions of a sensitive nature. A question may ask for the best approach a social worker should take in counseling a person who has been sexually abused. Other potentially sensitive topics include race, ethnicity, sexual orientation, and sexual dysfunctions. You should discuss how to handle questions that relate to these sensitive topics.

      9. How to handle charts, graphs and mathematical formulas that may appear on the examination.

        These are only examples of the types of instructions that the reader should seek from the candidate.

    2. Read any directions and guidelines for taking the test to the candidate.

    3. As you read the examination, read the number of the item and then pause before reading the item itself.

    4. At the candidate's request, you may write notes and to assist with intermediate steps in computing mathematics problems, especially if the candidate has no tools or equipment for taking notes or is unable to do so. For example, in the multiplication of numbers (for example, 17 x 521), the candidate may say seven times one is seven. Put down the seven. Seven twos are 14. Put down the four and carry the one. Seven fives are 35 and one is 36. Put down 36.

    5. Do not paraphrase or edit.

    6. Read with attention to detail.

The following is to be read to the candidate before the examination begins
Introduction to the AASSWB Social Work Licensing Examination

I will read from a test booklet/computer screen that you may refer to as often as necessary to help you answer the questions on the test. The test begins with a set of instructions for you to follow. You may ask me to re-read any portion of the test as often as necessary within the time allowed for the test. You are to tell me which letter you think is the correct response. I will record your response to each item.

Guidelines for Taking the AASSWB Social Work Licensing Examination

The following are recommended guidelines for taking this examination. They are designed to help you to do your best.

Listen carefully to all directions. Be sure that you understand what you are to do. Ask questions about instructions that you do not understand.

Listen to each item carefully. Note such qualifying words in the item as not, except, most, least, first, and greatest. They are crucial in determining the best answer.

When you are unsure of the best answer, first eliminate every wrong answer you can. Each wrong answer eliminated improves your chances of selecting the best answer.

Do not spend too much time on one item. If an item is too difficult for you, choose a reasonable answer and go on to the next item. Ask me to mark an item that you did not answer or may want to review so that you may go back to it.

Answer every question. You are not penalized for guessing. Questions left unanswered are counted as incorrect.

You may review any or all items on the examination before you finish.

E X H I B I T D

ACKNOWLEDGMENT OF CONSENT DECREE AND
AGREEMENT TO COMPLY WITH AASSWB'S POLICIES
REGARDING CANDIDATES WITH SIGHT IMPAIRMENTS

ACT, Inc. ("ACT") hereby acknowledges that it is aware of the Consent Decree in United States v. American Association of State Social Work Boards (the "Consent Decree"). As referenced in the Consent Decree, AASSWB has adopted written policies (the "Policies") regarding the testing accommodations that it will make available to candidates with sight impairments. The Policies are attached to the Consent Decree and have also been provided to ACT, which currently administers the AASSWB social work examination.

ACT hereby agrees to comply with the AASSWB Policies with respect to all administrations of the AASSWB social work examinations that are conducted by or through ACT. ACT further agrees as follows:

  1. Within thirty days of the date on which the Court enters the Consent Decree, ACT will distribute copies of the AASSWB Policies to (a) all ACT employees who have responsibility for the administration of the AASSWB social work examination, and (b) all ACT third-party contractors who are involved in administering AASSWB social work examinations, including Sylvan Learning Systems, Inc. ACT will also provide instructions to these individuals regarding compliance with the AASSWB Policies.

  2. If anyone with a sight impairment requests information from ACT regarding the social work examination, ACT will provide them with a copy of the AASSWB Policies, in alternate format if requested.

  3. Within ninety days of the date on which the Court enters the Consent Decree, or as soon thereafter as practicable, ACT will publish materials that include a statement of the AASSWB Policies. The materials will also include the name(s), address(es) and telephone number(s) of the individual(s) at AASSWB who can be contacted if anyone has questions regarding the AASSWB Policies or any other subject relating to testing accommodations for individuals who have disabilities.

  4. ACT will make a copy of this document available to any person on request, in alternate format if requested.

  5. Nothing in the Consent Decree will limit or affect ACT's continuing responsibility to comply with all applicable aspects of the Americans with Disabilities Act when ACT administers examinations.

  6. This document may be attached as an Exhibit to the Consent Decree.

  7. The individual signing this document is authorized to do so on ACT's behalf.

SO AGREED this _____ day of ________________, 2000.

______________________________
Ricki Ann Saylor
Vice President
ACT, Inc.

Updated July 25, 2008