Compliance for Technology,
Electronic Documents and
Webpages
Southern Utah University
March 28, 2013
Melissa L. Frost
State of Utah, Division of Risk Management
1
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 to address.
2
Presentation Outline







Legal Requirements
Accessibility: What Faculty and Staff Need to Know
Universal Design
Accessibility: Staff and Faculty Role
Campus Accessibility Training
Campus Delivery Systems
How to Create Accessible Documents





Word
PDF’s
PowerPoints
Captioning and visual Descriptions
Website accessibility
3
Disability Law Overview


Section 504 and 508 of the
Rehabilitation Act of 1973 and
The Americans with Disabilities Act of
1990 as Amended are civil rights statutes
 are designed to prevent discrimination
against students based on their
disability
4
Who is Protected

An individual with a “disability” is any person who:
 has a physical or mental impairment that
substantially limits one or more major life
activities
 has a record of such impairment or
 Raytheon Co. v. Hernandez, U.S. Supreme
Court (2003)
 is regarded as having such an impairment
5
Qualified Individual

Meets the Eligibility Requirements for a Program
Service or Activity With or Without Reasonable
Modifications such as:
 Barrier removal
 Auxiliary Aids
 Program Modifications
6
Students With Disabilities







5.1 % ADD
4.1 % Chronic Illness
3.7 % Psychiatric Condition
2.1 % Other Disability
1.7 % Vision Impairment
1.6 % Hearing Impairment
1.0 % Mobility Impairment
National College Health Assessment American College Health Association Fall 2009
7
Right To Be In Higher Education

Students with disabilities must meet the same
entrance criteria as other students

Once admitted, they have they have the same rights
as other students

Students are responsible for determining their own
level of success or failure
8
Right to Access All Programs

Once admitted, students with disabilities have the
right to access all programs, academic and nonacademic, that are available to other students in the
most integrated setting

A professor cannot refuse to work with a disabled
student because the instructor is concerned that
the student will not be successful in education or
employment
9
Covered Services









Programs and Activities
Course Materials / Websites
Testing
Physical Access to Facilities
Emergency Preparedness
Food Services
Housing / Parking
Community Events / Entertainment (plays, concerts,
athletics)
Voting
10
Right to Confidentiality





Information about a student’s disability is
confidential
The Student decides how much information to
share
You May Issue a request for accommodation
without giving a student’s name
Faculty Must avoid inadvertent disclosure
ADA allows a separate cause of action for
breach of confidentiality
11
Legal Requirements –
Right to Reasonable Accommodations

Institutions must make reasonable accommodations to
the known physical or mental limitations of a qualified
individual with a disability, UNLESS doing results in:



An undue financial or administrative hardship, or
The person poses a direct threat to self or others
Faculty need to be prepared to make adaptations
(reasonable accommodations) to instructional practices
changes in the delivery of some course materials and
assessment of knowledge
12
Three Strategies in Designing
Accommodations
1)
Adjust Pedagogy
2)
Modify Equipment and Environment
3)
Utilize Technology
13
Examples of Reasonable Accommodation









Making Facilities Accessible
Acquiring or Modifying equipment/devices
Restructuring a Task
Substituting Tasks
Changing Schedules
Modifying work/training site
Providing readers, writers, interpreters
Test Accommodations
Providing transition planning and support
14
Academic Freedom




Full Freedom to Conduct Research and Publish
Freedom to Teach Subject in the Classroom
Freedom to Speak or Write as Individual Citizens in
the Community (not university representatives)
There is NO Academic Freedom to Discriminate
against any Student including those with Disabilities.
15
OCR on Academic Freedom





Academic freedom is generally considered to mean the right
of faculty to speak freely on political and ideological issues
without fear of reprisal.
Faculty interpret this to mean teaching in the manner and
style of their choosing. (using a particular methodology or
give a certain type of examination).
No Court Ruling or OCR Decision yet, but NOT defensable.
It is clear that the Effective Communication standard
requires a website available to students to be available for
all students.
Websites developed by a professors are not immune from
accessibility standards!

16
OCR’S “Effectively Communicate”
Standard

Three basic components
 (1) the timeliness of delivery
 (2) the accuracy of the translation, and
 (3) provision in a manner and medium appropriate to the
significance of the message and the abilities of the
individual with the disability. (OCR 09-97-2002.RES)

For example, if a website is available 24 hours a day, seven days a week
for other users, the information must be available that way for the
visually impaired student.
In the recent DOJ document, Accessibility of State and Local Government
Websites to People with Disabilities, DOJ does not discuss the effectively
communicate standard.

17
Technology and Universal Design
Simply Good Teaching Techniques
1. Equitable/Accessible Use
2. Flexibility In Use (choice of teaching methods)
3. Simple and Intuitive (straight forward and predictable
manner)
4. Perceptive Information (can be communicated effectively)
5. Tolerance for Error
6. Low Physical Effort (allow greater attention to learning)
7. Size and Space (with safety measures)
8. Community of learners (interaction and group work)
9. Welcoming and Inclusive (consider room set up)
18
Tips for Faculty



Instructors should speak clearly, to verbally label
digressions and examples, and to use transitions
to signal topic changes and relationships
Leave important projected or chalkboard text,
diagrams, and charts in view long enough for the
note taker to copy them or to provide handouts
Write numbers and difficult or foreign names and
vocabulary on the board or provide a classroom
handout with a numbered list (for easier
reference) of these items
19
Technology: OCR May 26th 2011 Dear
Colleague Letter

As the use of emerging technologies in the
classroom increases, schools at all levels must
ensure equal access to the educational benefits and
opportunities afforded by the technology and equal
treatment in the use of the technology for all
students, including students with disabilities.
20
OCR On Determining Whether Emerging
Technology Is Accessible (FAQ Cont.)




Consider accessibility up front
Plan how the technology will be used
Create accessibility requirements
Ask:



What educational opportunities and benefits the school
provides through the use of the technology?
How will the technology provide these opportunities and
benefits?
Can it be modified or does the technology exist in a
format that is timely, equally effective, and equally
accessible to individuals with disabilities?
21
OCR’S Four Key Principles To Determine
Accessibility
1. The exchange of information is fundamental to
education, therefore all students must have equal
access.
2. Every program and activity in the institution is
covered by ADA/504.
3. If information is provided via computer, it must be
effectively available to all students.
4. Priorities to be taken into account include
timeliness, flexibility, independence for the user,
and integration (not only in one place on a campus).
22
Information and Communication
Technology (ICT) Standards and
Guidelines
Advance Notice of Proposed
Rulemaking
(December 8, 2011)

http://www.access-board.gov/sec508/refresh/draft-rule.htm
E201 Application

E201.1 Scope. ICT that is procured, developed, maintained, or

used by agencies shall conform to these requirements.
23
Consider Multiple Accessibility Issues




Vision impaired or low vision – Describe images, pictures,
tables in text or in audio for the student,
Hearing Impaired or Deaf Students – Captions or transcripts
Mobility Impairments – Time response can be difficult,
browsers must support keyboard alternatives for mouse
commands, and formats that cannot be ‘tabbed’ thru can be
difficult or impossible, and
Cognitive Impaired – Text to audio, distracting visual, silence
audio, language used is unnecessarily complex, there is a lack
of graphics or there is lack of clear and consistent
organization of materials.
24
Closed Functionality








402.2 Speech Enabled.
402.3 Volume Control.
402.4 Characters.
403 Biometrics.
405 Flashing.
407.2 Contrast.
407.3 Tactilely Discernible.
407.3.1 Identification.

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407.4 Key Repeat.
407.5 Numeric Keys.
407.6 Timed Response.
407.7 Status Indicators.
407.8 Color.
407.9 Operation.
407.10 Privacy.
407.11 Receipts, Tickets,
and Transactional Outputs.
25
What Do Faculty Need to Know About
Teaching with Technology?




Their own current IT skills
A Plan for remediation if/where necessary
Relationship between technology and knowledge
representation
Functions and structures of learning
delivery/management systems and Web 2.0 tools
 Accessible Features in Learning Delivery Systems
 How to create accessible documents
 How to facilitate effective accessible Communication
26
Campus Delivery Systems
PROBLEMATIC FEATURES
BLACKBOARD
WEB CT
LIVE TEXT
Other
Assessments
Assignments
Attachments
Real-time chat feature
Color contrast
Discussion board
Documents
E-mail
Graphics
Maintenance
Modifying text
Yes
Navigation
Recordings
Security
Sighted assistance required
Technical support
Timed graded activities
Training
Videos
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
No
No
No
Yes
No
Yes
Yes
Yes
No
No
No
Yes
Yes
Yes
No
Yes
No
Yes
No
No
No
No
Yes
Nc
Yes
Yes
Yes
No
No
No
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Note:
“Yes” indicates the feature is problematic lor that particular type of online
“No” Indicates the feature is not problematic
I
27
Campus Delivery Systems by Type of
Technology
PROBLEMATIC FEATURES
Assements
Assignments
Attachments
Real Time Chat
Color contrast
Discussion board
Documents
E mail
Graphics
Maintenance
Modifying text
Navigation
Recordings
Security
Sighted assistance required
Technical support
Time graded activities
Training
Videos
SCREEN READING
SOFTWARE
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
SCREEN MAGNIFICATION
SOFTWARE
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Note “Yes” indicates the feature indicates the feature was problematic for that particular type of assistive technology
“No” indicates the feature was not problematic for that particular type of assistive technology
28
Accessible Word Documents

Style Sheets provide the ability to:

Create a consistent appearance throughout the document
Provide clear navigation for the reader of a document
Maintain the document structure and appearance wherever
and whenever is displayed, including when it is exported to a
different document formal
Automatically create a table of contents for the document
that includes numbers, hyperlinks, or both
Provide better accessibility




29
Text Formats


Rich text format (.rtf), however, rtf retains most of the
document features created in Word. It will probably be
readable by word processors and interfaces effectively with
assistive technology
Plain text (.txt) format strips out all graphics and formatting,
keeping just the unadulterated text—no extra space between
lines or paragraphs and no formatting to identify headings
often used by Web developers
30
Text Considerations



Typeface: A simple, crisp font requires less visual
processing to understand, which means Sans Serif fonts
such as Verdana are the best choice.
Font Size: Headings should be more prominent than body
copy, and higher-level are typically larger than lower-level
ones. Avoid font smaller than 10
Color: Color alone should not be used to convey
Information, as some colors cannot be distinguished by
people who are color blind.
31
Text Considerations (Cont.)



Line Spacing: People who have problems visually
processing information benefit from more blank
space. Using line and a half spacing may enable these
people to decode information better.
Line Length: Some readers with learning disabilities
have trouble tracking long lines as do many people
without disabilities.
Insert Table of Contents: Remove Table of Contents
Save Selection to Table of Contents Gallery
32
Making Images ln Word Accessible


Problem: Including an image in your course content
cannot be seen by someone using a screen reader
unless you add an alternative description.
Solution: Add the alt tag with text to make sure it's
accessible as follows:





Right-click on the image.
Select the format future option,
Click the Alt Text tab
Type in your description and click the Close button.
Now a screen reader will see that label when the
pointer is over the descriptive label.
33
Example: Michigan State University

http://webaccess.msu.edu/tutorials/accessibleword-documents.html
34
Accessible PowerPoints: Features to Avoid



Text Boxes
 Are often lost when exported
Animations
 Are also lost when exported
 Can confuse users with learning disabilities
 Can cause screen readers to crash
Slide transitions
 Wipes, fades, and other slide transitions cause similar
problems
35
Accessible PowerPoint Features to
Avoid (Cont.)


Automatic Timing
 PowerPoint allows you to preset the interval that run
by themselves but it is best to let the user choose the
pace.
Hyperlinks and Buttons
 Embedded hyperlinks do not work with screen
reading software.
36
Accessible PowerPoints






Organize Content in a logical manner
Use simple language to avoid ambiguity and needless
complexity
Avoid excessive brevity
Use legible type (Verdana or Sans Serif)
Contrast between background and foreground
Leave ample white space
 If too dense may take more concentration than
most people possess
37
Accessible PowerPoints



Slide Show timings automatically program from slide to
slide.
There are advantages in allowing a person to manually
control slide advancement.
Note: An application called LecShare Pro provides an
alternate way to record “null” online PowerPoint slide
shows. Trial and other versions can be down loaded from
www.lecshare.com.
38
Captioning a Narrated Slide Show


Problem: No simple way to provide captioning for users with
hearing impairments within a narrated PowerPoint show
Solution: Add the narration in the notes area of an
unwarranted version and publish the file to Word, selecting
the option to include notes and slides
39
Example: University of Washington Access
IT and Doit


http://www.washington.edu/accessit/articles?28
http://www.washington.edu/doit
40
Accessible PDF’s






From within the application where the document has been
created
Through Adobe Acrobat or a similar program designed for
this and related tasks
By scanning a hard copy and saving the image as a PDF file
Creating a PDF from an Electronic Document
Adobe Acrobat (Help)
Microsoft offers a free add-in for Office 2007 that enables
you to create accessible pdf’s.

Once installed, it adds the PDF file type in the Save As dialog box.
41
Accessible PDF’s


Another add-in for Word is the PDF Accessibility Wizard
Technologies which will check the PDF for accessibility and
step-by-step, through the process to make the necessary
correct Word document.
The Adobe Web site has a wide range of information on
Acrobat and accessibility at
www.adobe.com/accessibility/index.html. This site also
information on how to create accessible Flash content.
42
Scanning a Hard-Copy Document to a
PDF



Problem: Scanning a document creates a picture file
document, not a text document that a screen reader will
be unable to read.
Solution: The scanning software should also provide the
ability to run optical character recognition (OCR) on the
file so it will include both the picture of the document
and the software's bell "guess" at the text it
represented.
Some scanner software will even send the document
directly to a word processor so that it can be distributed
in that format.
43
Example: Cal State

http://www.calstate.edu/accessibility/tutorials/pdf.s
html
44
Converting a Word Document to a Web
Page







Both Word 2003 and 2007 let you save a Word document as
a Web page using three options:
Single File Web Page
Web Page
Web Page, Filtered
Dreamweaver includes a feature for cleaning up Word HTML
code.
If your Word document includes headings and All Text tags,
and is correctly uploaded to the system and identified as
HTML, accessibility features should be saved.
www.virtual508.com Accessible Wizard walks you step by
step through Web accessibility features to any Office
document.
45
Example: WebAim

http://webaim.org/search/?q=convert+a+word+doc
ument+to+a+webpage&x=62&y=10
46
UCONN E-Tools


http://www.udi.uconn.edu/index.php?q=content/etoolbox (grant funded)
Faculty Use:


Development
Delivery



MS word highlight with comments are helpful
Adobe Acrobat comments are excellent. Can put comments by students
and by professor. Written and audio notes possible. Insert by using the
Audio commenting feature by to the audio feature.
Assessment

Grading rubric. Helps them to determine weight for attendance or
assignments etc. examines the purpose.
47
E-Tools Instructional Supports and
Materials For Course Content



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

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


Adobe Acrobat Pro 9 Comment
Adobe Acrobat Pro 9 Extracting PDFs
Audacity
Apple Keynote - Audio
Apple Keynote - Notes
Apple Keynote - Presentation
Mode
BioAlive
Camtasia
Feeds
Flash
Fotobabble
Google Docs











Inspiration
Jing
MS Word - AutoSummary
MS Word - Comment
MS Word - Highlight
MS Word - Outline
Podcasts
PowerPoint - Audio Narrations
PowerPoint - Notes
PowerPoint - Pictures
PowerPoint - Presentation
Mode
YouTube
48
Textbooks: DAISY Format



Solution: DAISY—Digital Accessible Information
System—is a standard for digital talking books.
Offers superior navigation and document control
Note: Congress recently mandated that publishers of
K-12 textbooks must make them available in an
electronic format and specified that the National
Instructional Materials Accessibility Standard (NIMAS)
format be used. NIMAS is a stripped-down version of
DAISY.
49
Quality Control Checklist

Check the script for:







Timing captions coincides with associated audio
Continuity
Accuracy
Pronunciation
Flow
Spelling
Sound effects (applause, other additional audio)
50
YouTube Captioning Information
An archived online workshop from the Target
Center is available at:
http://connectpro36216355.na5.acrobat.com/p6737589
0/?launcher=false&fcsContent=true&pbMode=normal
51
Website/Multimedia Accessibility
Responsibility:
To fully test documents for
accessibility, they need to be accessed and reviewed for
logical order and descriptions.
Example:
Use free screen reading software to review
documents.
http://www.nvda-project.org/
52
52
Web Site Accessibility




Images and animations. Use the ALT attribute to
describe the function of each visual. Images have
embedded text explanations.
Image maps. Use client-side MAP (image map
processor) and text for hotspots (active regions in
images containing links or other types of interactivity).
Multimedia. Provide captioning and transcripts of
audio, and descriptions of video. Eliminating Flash.
Hypertext links. Use text that makes sense when read
out of context. For example, avoid “click here.”
53
Web Site Accessibility (cont.)




Page organization. Use headings, lists and
consistent structure. Be sure they are descriptive.
Use CSS (cascading style sheets) for layout and style
when possible.
Graphs and charts. Summarize or use the longdesc
(long description) attribute.
Scripts, applets and plug-ins. Provide alternative
content in case active features are inaccessible or
unsupported.
54
Web Site Accessibility (cont.)




Frames. Use NOFRAMES (displaying text intended for frames
in Web documents for those using browsers that cannot read
frames) and meaningful titles.
Tables. Make line-by-line reading sensible. Summarize.
Check your work. Validate. Use tools, checklists and
guidelines at http://www.w3.org/TR/WCAG
Quick tips also are at:
http://www.w3.org/WAI/References/QuickTips
55
Free Accessibility Checking Software


JAN S.N.A.P. Tool – Free Evaluation with red, yellow, green
rating.
http://askjan.org/media/downloads/SNAPTool.xls
56
STEP
#
RESULT
STEP DESCRIPTION
1
Does the site allow navigation with screen
reading software?
2
Does the site provide text alternatives for all
non-text content?
3
Does the site provide accessible multimedia
(audio/visual (A/V) or alternatives) that allow
users to understand the content?
4
Does the site use other means of conveying
information besides color?
5
Does the site allow users to lower the volume
or completely turn off any background audio
content?
6
Does the site allow navigation by a user who
does not use a mouse?
7
Does the site provide users with enough time to
read, understand, and interact with online
content?
SELF-ASSESSMENT STEPS FOR
CORRECTION
57
STEP#
S
T
E
P
#
RESULT
STEP DESCRIPTION
8
Does the site avoid content that flashes or
blinks too quickly?
9
Does the site allow the default human language
of each page to be programmatically
determined?
1
0
10
Does the site present content in an organized
manner that avoids unexplained changes in
context?
1
1
11
Does the site help users avoid and correct
mistakes?
1
2
12
Does the site allow users to skip repetitive
content?
1
3
13
Does the site provide fully accessible PDFs,
PowerPoint documents, and online forms?
1
4
14
Does the site display the company’s equal
employment opportunity (EEO) policy
statement?
1
5
15
Does the site explain to people with disabilities
how they can get help using it and where to get
reasonable accommodation if they cannot
apply online?
8
9
SELF-ASSESSMENT STEPS FOR
CORRECTION
58
Accessibility Checking Software



Bobby from Watchfire. $299. Bobby spiders through a website and tests
on a page-by-page basis to see if it meets several accessibility
requirements, including readability by screen readers, the provision of
text equivalents for all images, animated elements, audio and video
displays. Bobby can see local web pages, as well as web pages behind your
firewall. It performs over 90 accessibility checks.
InFocus from SSB Technologies. $1795. InFocus™ InFocus Desktop was the
first commercial Web accessibility software and remains the market
leader, with over 115 accessibility tests encompassing all major
accessibility standards and a high level of automation available, InFocus
The LIFT Machine from UsableNet $999. LIFT Machine is a server-based
application that automatically scans internal and external websites for
over 140 quality, accessibility, and usability issues. It then generates a
variety of web-based reports for both executives and individual content
creators.
59
Accessibility Checking Software
(cont.)



Ramp Ascend from Deque $1499.. Ramp Ascend includes full capabilities
for adding SMIL captioning to multi-media, ensures web animations are
safe, and provides comprehensive table remediation to even the most
complex, n-dimensional tables. Includes plug-ins for Macromedia
Dreamweaver, Microsoft FrontPage, and Mercury Interactive TestDirector
8. The product without repair functions is Ramp Grade, $269, and without
spidering, Ramp Personal Edition, $69. Deque also an Enterprise product.
WebKing from Parasoft (Contact info@parasoft.com for prices.) WebKing
allows users to record critical user click paths by following them in a
browser, then it automatically configures and executes
functional/regression tests that verify paths and page contents while
ignoring insignificant differences. WebKing’s static analysis identifies
client-side code that does not comply with Section 508 accessibility rules,
and pages with broken links, XML problems, and spelling errors.
WebXM from Watchfire (Contact sales@watchfire.com for prices.)
Watchfire provides software and services to identify, measure and
prioritize accessibility, and compliance risks that exist on corporate web
properties.
60
Audio Description Service


An audio description service provides a pre-recorded
description of key visual elements in a program that a
visually impaired viewer would ordinarily miss.
The equipment used to receive audio description services
includes:
 TV with Second Audio Program, or
 TV and VCR with SAP (Second Audio Program), or
 Multi-channel Television Sound (MTS) that allows for 3
channels, 2 for stereo sound, and 1 for SAP.
61
Website/Multimedia Accessibility
Evaluate the Website.
Responsibility:
Automatic checking is not a
substitute for manually testing a Website for accessibility.
Example:
Use tools to test with multiple versions of
browsers.
http://askjan.org/bulletins/SNAPTool.htm
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Check Your Department Website

http://webanywhere.cs.washington.edu/wa.php

http://www.suu.edu/ss/registrar/reg-schedule.html
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References




Job Accommodation Network
Making Online Teaching Accessible Inclusive Course
Design for Students with Disabilities. Norman Coombs,
Jossey Bass 2010.
Managing Technology In Higher Education Strategies for
Transforming Teaching and Learning. A.W. (Tony Bates
and Albert Sangra) Jossey Bass, 2007.
Effective Online Teaching Foundations and Strategies for
Student Succes, Tina Stavredes, Jossey Bass, 2011.
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Questions and Answers
Melissa L. Frost, J.D.
Phone: 801.538.3589
Fax: 801.538.9597
Email: mlfrost@utah.gov
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