ATAC Meeting November 13, 2012 Janet Jendron, SC Assistive Technology Program, Assistive Technology Advisory Committee (ATAC) Web Accessibility
The LAWS WebAIM Summary of US Laws Section 504 of the Rehabilitation Act Section 508 of the Rehabilitation Act Americans with Disabilities Act - ADA Individuals with Disabilities in Education Act - IDEA Section 255 of the Telecommunications Act Web Accessibility and Individuals with Disabilities in Postsecondary Education: The Legal Issues Web Accessibility and Individuals with Disabilities in Postsecondary Education: The Legal Issues
Dear Colleague…… US DOE, Office of Civil Rights US DOE OCR Dear Colleague Letter – January 2012 US DOE OCR Dear Colleague Letter FAQ about the Dear Colleague Letter - May 2011 FAQ about the Dear Colleague Letter US DOE OCR Dear Colleague Letter – co-signed by the Department of Justice - June 2010 US DOE OCR Dear Colleague Letter Questions and Answers about the Law, The Technology, the Population Affected - June 2010 Questions and Answers about the Law, The Technology, the Population Affected US DOE Case Processing Manual US DOE Case Processing Manual
Important Phrases …equal access to the educational opportunities and benefits provided to all students, the alternative media must provide access to the benefits of technology in an equally effective and equally integrated manner. …afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services…. …substantially equivalent ease of use…
Keeping an eye on things… Disability.gov – News and Events Disability.gov – News and Events National Federation of the Blind National Federation of the Blind U Illinois Chicago U Illinois Chicago Law Office of Lainey Feingold Law Office of Lainey Feingold US DOE OCR US DOE OCR
DOJ Section 508 Report DOJ Section 508 Report - September 2012 Survey Findings 11 years after Section 508 regulations became law just over 50% of agency components had established a general policy to implement Section 508. 70% had a Section 508 coordinator, but only 35% had a Section 508 office or program. Of agencies with a Section 508 office or program the average staffing level was 2.5 full-time equivalents (FTE) with a median budget of $35,000. Just 40% of agencies provide training to their employees, with EIT developers receiving a little over an hour of training in accessibility. Agencies experienced difficulty establishing a mechanism to ensure EIT used in a program or activity receiving federal financial assistance is accessible to persons with disabilities. Few agencies use specific, applicable requirements regarding procurement, nor do they test vendors products for accessibility.
DOJ Section 508 Report Complaints against Federal Agencies Federal agency components have received 140 administrative complaints and 7 civil actions regarding Section 508 compliance. Just over 30% of agencies have procedures to receive complaints; others use Section 504 processes to handle Section 508 complaints. Regarding Website and PDF Accessibility 70% of agency components reported accessibility policies for websites and claimed their sites were generally accessible. 28% reported routine automated/manual checking and remediation. 24% reported manual remediation. Agencies reported PDF (along with video content) as most frequently used content on their websites. 95.8% of federal websites surveyed used PDF files; majority of agency components reported web accessibility policies addressing the use of PDF files.
Some Lawsuits/Complaints February August Target Law Suit Settlement – ADATarget Law Suit Settlement July Small Business Administration – 508Small Business Administration August Social Security Administration – 508Social Security Administration October US Department of Education – 508US Department of Education May National Federation of the Blind Files Complaints Against Nine Law Schools - ADA, Section 504National Federation of the Blind Files Complaints Against Nine Law Schools June NFB and Blind Students Sue Four CA Law Schools Over Online Applications - ADA and CA State lawsNFB and Blind Students Sue Four CA Law Schools Over Online Applications October Unfriendly Skies? Blind Passengers Sue United : NPR – ADAUnfriendly Skies? Blind Passengers Sue United : NPR October Accessibility Lawsuit Filed Against JetBlue Airways - Law Office of Lainey Feingold – ADAAccessibility Lawsuit Filed Against JetBlue Airways - Law Office of Lainey Feingold November National Federation of the Blind Files Complaint Against Penn State – ADANational Federation of the Blind Files Complaint Against Penn State February Class Action Lawsuit Against Disney Alleges Inaccessible Websites. Lawsuit Against Disney For Lack Of Accessibility - ADAClass Action Lawsuit Against Disney Alleges Inaccessible WebsitesLawsuit Against Disney For Lack Of Accessibility July Disability Policy Consortium filed suit against MassHealthDisability Policy Consortium filed suit against MassHealth
Lawsuits/Complaints … October 2012 – Netflix CaptioningNetflix Captioning October Free Library of Philadelphia (Nook)Free Library of Philadelphia October 2012 – HathiTrustHathiTrust August 2012 – Sacramento Public LibrarySacramento Public Library June US State Department (Kindle)US State Department May 2012 – Mesa Community College (web accessibility)Mesa Community College May 2012 – Charles Schwab (web accessibility)Charles Schwab
Who’s affected? Everyone!!! A guide to understanding and implementing Web Content Accessibility Guidelines 2.0A guide to understanding and implementing Web Content Accessibility Guidelines W3C Working Group Oct 2010 How Does Accessible Web Design Benefit All Users? - DO-IT from U of Washington How Does Accessible Web Design Benefit All Users?