SETTLEMENT AGREEMENTI. GENERAL PROVISIONSA.
This Agreement (the “Agreement”) is entered into between the United States(“United States”) and the State of North Carolina (the “State”) (hereinaftercollectively “the Parties”).
This Agreement resolves the investigation conducted by the United Statesconcerning alleged violations by the State of title II of the Americans withDisabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131,
, as interpreted bythe United States Supreme Court in
Olmstead v. L.C.
, 527 U.S. 581 (1999),
andSection 504 of the Rehabilitation Act of 1973 (“Rehab Act”), 29 U.S.C. § 794(a).The Agreement addresses the corrective measures set forth by the United States inits letter to the State dated July 28, 2011 (“Findings Letter”). This Agreementdoes not serve as an admission by the State that corrective measures are necessaryto meet the requirements of the ADA, the Rehab Act, or the
decision, orthat the State is not currently complying with the ADA or the Rehab Act. TheState specifically does not agree that any citizen or resident of the State is entitledto housing or a housing subsidy under the United States or North CarolinaConstitutions, the ADA, the Rehab Act, the
decision, or any otherfederal or State law or regulation.
This Agreement is intended to ensure the State will willingly meet therequirements of the ADA, the Rehab Act, and the
decision, whichrequire that, to the extent that the State offers services to individuals withdisabilities, such services shall be provided in the most integrated settingappropriate to meet their needs. Accordingly, through this Agreement, the Partiesintend that the goals of community integration and self-determination will beachieved.
Since the United States issued the Findings Letter, the State has cooperated fullywith the United States in reviewing the findings and working with the UnitedStates to resolve the findings, even though the State disputes many of the findingsand conclusions. The Parties agree that it is in their mutual interest to avoidlitigation.
Nothing in this Agreement shall be construed as an acknowledgment, anadmission, or evidence of liability of the State under the ADA, the Rehab Act, theholding in
, the Constitution or any federal or State law, and thisAgreement may not be used as evidence of liability in this or any other civil orcriminal proceeding.
The signatures below of officials representing the United States and the Statesignify that these parties have given their final approval to this Agreement. Each