1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the Montgomery County Department of Correction ("MCDC"). The complaint alleged that MCDC violated title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, by denying a qualified individual with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities of MCDC, or otherwise subjecting the individual to discrimination by MCDC. Pursuant to the provision of the ADA entitled, "Alternative Means of Dispute Resolution, " 42 U.S.C. § 12212, the parties have entered into this Settlement Agreement.

2. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter, to determine MCDC's compliance with title II and the Department's implementing title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. § 12133, to bring a civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

3. The parties to this Settlement Agreement ("Agreement") are the United States of America and the Montgomery County Department of Correction ("MCDC"). In order to secure compliance by voluntary means, the parties hereby agree as follows:

4. By signing this Agreement, MCDC does not admit that its current services, policies, and practices are in violation in any respect with the ADA or its implementing regulation.

5. The ADA applies to MCDC because it is a public entity as defined in title II of the ADA. 42 U.S.C. § 12131 and 28 C.F.R. § 35.104.

6. The subject of this Agreement is MCDC's development of a policy to ensure that an otherwise qualified person with a disability may not be denied an equal opportunity to participate in, or benefit from, the services, programs, or activities of MCDC because of the disability or because of the requirement for auxiliary aids and services.

7. MCDC has developed a written policy (attached) for effective communication with qualified individuals with disabilities in its programs, activities, and services.

8. Within twenty (20) days of the effective date of this Agreement, MCDC shall instruct all personnel responsible for conducting programs, activities, and services to comply with the provisions of this Agreement.

9. Copies of the policy shall be provided to members of the public upon request.

10. This Agreement is a public document. A copy of this document or any information contained in it may be available to any person by the Government or the Department on request.

11. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it may elect to institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court.

12. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

13. The person signing this document for MCDC represents that he or she is authorized to bind MCDC to this Agreement.

14. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect MCDC's continuing responsibility to comply with all aspects of title II of the ADA.

15. The Agreement shall terminate three (3) years from its effective date, or until the parties agree that full compliance with this Agreement by the Government has been achieved.

16. The effective date of this Agreement is the date of the last signature below.

For the Montgomery County, Maryland
Department of Correction and Rehabilitation

By:_________________________________      Date:  December, 2000
   ARTHUR M. WALLENSTEIN, Director
   Montgomery County Department
   of Correction and Rehabilitation
   51 Monroe Street, Suite 1100
   Rockville, Maryland 20850
   (240) 777-9978

For the United States:

BILL LANN LEE,
Assistant Attorney General
for Civil Rights

ATTACHMENT