Settlement Between
The Regents of the University of California, Berkeley,
Disability Rights Advocates,
& Three Named Students
PAUL D. GROSSMAN
RETIRED, CHIEF REGIONAL ATTORNEY
U.S. E.D. OFFICE FOR CIVIL RIGHTS (OCR), SAN FRANCISCO
RECURRING ADJUNCT PROFESSOR OF DISABILITY LAW, HASTINGS
COLLEGE OF LAW, UNIVERSITY OF CALIFORNIA
MEMBER AHEAD BOARD OF DIRECTORS
MEMBER CHADD PUBLIC POLICY COMMITTEE
Caveat
These materials are provided for informational
purposes only and are not to be construed as legal
advice. You should seek independent counsel to
resolve the individualized legal issues that you are
responsible for addressing. Further, any policy or
procedure additions or revisions should be reviewed
by your college’s legal counsel prior to
implementation.
2
USE AND PERMISSIONS
This material has been provided for your
personal use. Any duplication or distribution
requires the written consent of Paul D. Grossman
Paul Grossman
• Paul D. Grossman, JD
– University of Wisconsin, Madison (JDS);
Oxford University, England (Philosophy of
Law)
– Admitted to the Wisconsin and California Bars
– Chief Regional Attorney, US ED OCR, San
Francisco, Retired 2013
– Adjunct Professor Hastings College of Law,
University of California (1995-present)
• Paulgrossman@comcast.net
Paul Grossman
• Awarded Blosser, Lanterman and Presidential honors
by AHEAD and CAPED
• Publications Pending:
– Colker and Grossman, THE LAW OF DISABILITY
DISCRIMINATION, 8TH EDITION. Lexis-Nexis, Textbook,
teacher’s guide, and handbook (November 2013)
– Paul Grossman, THE GREATEST CHANGE IN DISABILITY
LAW IN TWENTY YEARS: WHAT YOU NEED TO KNOW.
National Association of Student Personnel
Administrators (NASPA) (Chapter 1, October 2013)
Other Pertinent Publications
• Journal of Post-Secondary Education and
Disability, “The Perfect Storm” (2009)
• Academe, MAKING ACCOMMODATIONS: The
Legal World of Students with Disabilities (2001)
Settlement Between
UCB, DRA and Three Students
Basic Provisions
• With proper student notice, 90% of time
required reading books converted within 10
days
• With proper student notice, 90% of time
required reading readers converted within 17
days
Basic Provisions
• Personal readers provided when delays or for
unconvertible material such as rare books
• The University will regularly instruct students with
print disabilities in alt media request procedures and
timelines, in the use of alt media self-help options
– The webpage http://dsp.berkeley.edu/timelines.html of the
University’s Disabled Students Program (“DSP”) will be amended to
make clear that timeframes applicable to alternative media are
governed by the Alternative Media Guidelines
• On an annual basis the University will appropriately
educate staff and administrators
Basic Provisions
• Faculty must put in reading lists 7 weeks
before the start of the semester
• Faculty may be sanctioned for a failure to
timely submit their lists
• Assistive technology packages distributed
around campus
Submission of Requests by Students
• DSP will provide assistance to students who request
help in filling out alternative media requests
• Reminders if list of materials not received from the
student
• Major library provisions:
– The University has created and implemented a new Library
print conversion system to enable students with print
disabilities to request that a specific library book or journal
be converted into an accessible digital format, with an
average turnaround time of five business days
– Remedy existing barriers in online library catalogue system
so that students can access that system using their screen
reader software programs
Notice by Students
• The University may ask the student to verify that the
requested material was assigned or recommended by the
instructor
• The Disabled Students Program will require verification of
purchase only for instructional materials which nondisabled
students are routinely expected to purchase and
hardcopies of books will be returned in three days
• In the event self-help options are not sufficient, UCB will
arrange for a reasonable extension of a course deadline,
personal reader, a copy of an unedited version of the
student’s alternative media, or other appropriate interim
accommodation
Production Resources
• Alt media staff will identify and continually
update relevant online databases
• The University will maintain staffing at an
adequate level to ensure students are able to
access the appropriate alternative media for their
needs on a timely basis
• Designate an Alt Media Assistant position whose
primary role will be facilitating quick response
and problem-solving
Tracking
• The University will maintain an online alternative
media request/response tracking system about the
status of alt media requests, indicating date of request
receipt and scheduled standard production time due
date for completion (based on the Alt Media
Guidelines timeframes).
• The student will be sent an email acknowledging
receipt of the alt media request and stating the
scheduled completion date.
• If the original estimated date of completion must be
adjusted … the student will be sent an email with the
new estimated date of completion.
Self-Help Options
• Not required, but encouraged
• Make available to students a variety of scanning
machines to allow students to self-scan materials into a
variety of accessible digital formats.
• Provide assistance to students with physical disabilities
that preclude them from using self-scanning machines
independently.
• Students encouraged to check on-line data bases
• If students sends production file it will be printed out
• Students will be provided an alt. media guide
Faculty Incentives to Cooperate
• “Course instructors may be subject to referral to
the Vice Provost for Faculty if they refuse to
submit textbook adoptions at least seven weeks
prior to the start of class. To be subject to
referral, they must have been made aware of this
responsibility and have knowingly refused to
follow it without good cause …. “[emphasis
added.]
• “The Vice Provost will consider whether
misconduct occurred under Section II.A. of
Faculty Code of Conduct ….”
Supplementary Material
• Materials instructors generate for students
that in addition to textbook materials will also
be subject to timeframes
• The Alt Media Assistant we be able to
automatically access any electronic document
posted by the course instructor for the
purpose of converting it into accessible
alternative media
Availability of Assistive Technology
• The University will affirmatively provide a range
of adaptive technology throughout campus
general computer labs sufficient to make these
labs accessible to students with print disabilities
• This “basic AT package” will consist of NVDA
(screen reader); Adobe professional (has PDF
reader; allows hard copy enlargement); Natural
Reader (free e-text reader); MathPlayer (works
with Internet Explorer to read Web pages coded
with MathML); and AMIS (free DAISY reader)
• Students may also download the “basic AT
package” software themselves to install on a
personal computer or flashdrive
Availability of Assistive Technology (2)
• The University will provide written
instructions on how to use installed assistive
technology
• Staff trained in the use of such AT software
will be available to assist with software/
equipment problems in the labs
Library Materials
• Students with a print disability that limits
independent use of a campus library may obtain
assistance from someone knowledgeable about
alt format procedures
• UCB will improve the accessibility of the
catalogue system
• Obtaining library materials in a digital format
– Student first check to see if available on-line
– If not, student gets hard copy, delivers it to alt media
services, should get back alt. media in five business
days
Library Materials
– Alt. media may be OCR documents [lower
standard]
– For rare [fragile] books, library may provide a
reader
Library Materials Exclusions
• The settlement expressly does not address the
University’s obligation to provide alternate library
materials that are not required or recommended
reading assignments for a course
• Provision of large format and Braille materials
• UCB does have to achieve accuracy beyond obvious
errors
• Visual/pictorial images, science and mathematics
equations and symbols, graphs, and foreign languages
• Extensive one on one assistance for unassigned
materials
Publically Operated
Library Computer Technology
• Reasonable best efforts to ensure that publicly
operated library computer technology, including
scanners, are accessible
• Set up technology so students with print
disabilities can do there own scanning for free
• Maintain an the alt media center during business
hours technology for students to self-scan into
PDF text files and audio files
• Allow when necessary for extended check out of
reserved materials for scanning
Monitoring
• SIX MONTH DATA UPDATES: looks at
production timeliness
• ANNUAL REPORT: Extensive report on
progress, updates and variations
• Student satisfaction survey
• Separate attorney fee agreement
• Specific dispute resolution process