Digital
accommodations
Web sites
alternate media
Introductory Summary (1)
The goal of digital disability compliance is equal access
to information:
◦ Irrespective of the nature and severity of the
disability: physical, sensory, or cognitive
◦ Irrespective of the way the information was originally
formatted, stored, or conveyed
Introductory Summary (2)
The legal authorities requiring equal access to information are:
◦ Section 504 regulation especially method of administration
provisions (effective 1978)
◦ DOJ Title II and Title III regulations, respectively require public
entities and private businesses to furnish appropriate auxiliary
aids and services where necessary to ensure effective
communication with individuals with disabilities. (28 C.F.R.
§35.104, §35.160, §36.104, §36.303) (effective March 15, 2011)
◦ Joint OCR/DOJ Dear Colleague Letter on Emerging Technologies
(June 2010)
Introductory Summary (3)
For public entities the single most important legal provision is 28 C.F.R. Section 35.160
(a)(1) A public entity shall take appropriate steps to ensure that communications with …
members of the public … are as effective as communications with others
****
(b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to
afford individuals with disabilities, …. an equal opportunity to participate in.. .[any] service,
program, or activity of a public entity.
(2) The type of auxiliary aid or service necessary to ensure effective communication will vary
in accordance with the method of communication used by the individual; the nature, length,
and complexity of the communication involved; …. In determining what types of auxiliary aids
and services are necessary, a public entity shall give primary consideration to the requests of
individuals with disabilities. In order to be effective, auxiliary aids and services must be provided
in accessible formats, in a timely manner, and in such a way as to protect the privacy and
independence of the individual with a disability.
Introductory Summary (4)
The measures or characteristics of equality are:
◦ Independence of the user
◦ Integration of the user
◦ Ease of use of the technology or adaptive technology
◦ Timeliness of delivery of information
◦ Completeness of accessible information
Introductory Summary (5)
The goal of equal access to information is achieved by:
◦ Making the information available in formats
compatible with common adaptive technology
◦ Making the adaptive technology necessary to achieve
equality readily available on campus
◦ Adopting, dispersing, and monitoring policies and
practices that will achieve these goals on a continuous
basis (universal design)
(continues)
Introductory Summary (6)
The goal of equal access to information is further
achieved by:
◦ Training faculty and students on policies and practices
◦ Good prioritization
◦ Effective alternatives to address delays and
complications
◦ Placing responsibility in specific individuals and giving
them compliance authority
A) WEB ACCESS :
SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM (OCR,
MARCH 2013)
& LOUISIANA TECHNICAL COLLEGE SYSTEM (DOJ JULY
2013)
South Carolina Technical College System
Addresses what is an accessible web-site?
A compliance review
◦OCR initiated
◦Logistically advantageous
◦Interviewed students, faculty, and administrators
◦Reviewed E-mail, course management, library resources,
and over 100 web-sites
List of Website Deficiencies (1)
Missing tags for PDFs, graphics, identification of column
headers, specified reading order, critical headings and
watermarks
Videos missed labels keyboard controls and/or
captioning
Fields that required filling in missed labels for screen
readers
Tables missed headings
List of Website Deficiencies (2)
Areas where keyboard-only users could not access information or
use drop-down menus
Content of course management tools missing captions, alt. text, and
“other features”
Campus calendars not “fully accessible” to screen readers
Voluntary Remedial Summary
“[System will] ensure that the SCTCS website
and the websites of all the colleges within the
system are accessible to students with
disabilities,
[T]o develop a resource guide that provides
information about web accessibility
requirements, standards, and links to reference
materials,
[T]o review and monitor the colleges’ websites.”
OCR will monitor SBTCE’s/SCTCS’s
implementation of the agreement.
Louisiana State Tech University
A four year undergraduate institution as well as graduate
programs including Ph.D. Programs
A Student Left to “Spin in the Wind”
A student who is blind could not access tutorials, homework,
and exams, exam feedback and an opportunity to raise his
grade because a course relied on use of MyOMLab, an
online learning product, otherwise available 24/7
The Complainant raised concerns about the inaccessibility of
MyOMLab with the professor, who directed the Complainant
to consult with the MyOMLab vendor for resolution of the
issue
Still unable to access MyOMLab, the Complainant notified
University administrators without success
Supplemental hardcopy materials were provide very late by
a TA
After a month, the complainant withdrew
Negotiated Remedial Agreement
A change in policies
All electronic matter will be accessible
◦ All technology and content purchased will be accessible
◦ All new website will meet Web Content Accessibility
Guidelines (WCAG) 2, level AA
◦ Over time bring old websites up to compliance
B) ALTERNATE MEDIA
SETTLEMENT BETWEEN DRA AND UCB
Settlement Between
UCB, DRA and Three Students
Basic Provisions
With proper student notice, 90% of time required
reading books converted within 10 business days
With proper student notice, 90% of time required course
readers converted within 17 business days
Basic Provisions (2)
Expedited Production option: if converted material needed sooner
than standard production, student may opt for rolling basis
production.
Expedited Production timelines: five business days for books; eight
business days for other materials
Recommended readings will also be converted to alt media upon
request, but at lower priority time-wise
Basic Provisions (3)
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 (4)
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
Other Important Settlements
OCR Settlement with CSU Fullerton, under Section 504 and Title II,
requiring the timely production of alternate media (2004)
The Settlement between DOJ and McNeese State University,
Louisiana, under Title II, making web access an element of a general
accessibility review (2010)
The Settlement between Atlanta’s John Marshall Law School
requiring the school to cease using the inaccessible LSAC common
admissions site unless the LSAC site becomes accessible (2010)
Current initiatives
oAccessibility Analyst:
The Accessibility Analyst will lead the effort to adopt and implement a strategy to
evaluate the compliance and accessibility of all software and related materials
currently in use on campus with regard to applicable laws and regulations, such as
the Americans with Disability Act, and the experience of individuals with disabilities.
The strategy will include a review plan for existing software based on risk and system
usage, a process to evaluate all new software before purchase, a training program to
enable key personnel across campus to conduct accessibility evaluations, and a plan
for addressing current accessibility issues. This individual will also oversee the
creation of a cross-departmental Accessibility Group to raise awareness of
accessibility, usability and compliance and to discuss RFP’s, new software, items
currently under review, and upcoming significant projects. The Accessibility Analyst
will also identify and make available resource materials on designing accessible web
content.
Compliance Sheriff Software
ompliance Sheriff provides users with a means to monitor content for potential
compliance issues across the application – keeping information safe, appropriate
and within regulatory guidelines. Compliance Sheriff automates content
compliance to address Web governance issues including privacy factors like
personally identifiable information (PII) and protected health information (PHI),
accessibility, data and information security, offensive content, and search engine
optimization.
oC
oThis
software will be used to identify issues related to regulatory guidelines for
accessibility under the ADA and Sec. 504, create a plan for addressing identified
issues and assess continued compliance. It will also be used to monitor brand
integrity, web page functionality, protected health information and personally
identifiable information.
Usable Materials Center
oNew
resource for all of campus
oEvaluation of
materials for accessibility
oConversion
of inaccessible materials to an accessible format
oCaptioning
of video and multimedia materials
oTranscripts
for audio materials
oPromote
Universal Design: Faculty can submit materials even if they
do not have an identified student in their class who “needs” them.