Information Technology Access: State, Federal, and International Law Curtis D. Edmonds, J.D., Education and Technology Specialist Georgia Tech Research in Accessible Distance Education (GRADE) Center for Assistive Technology and Environmental Access Georgia Institute of Technology

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Synopsis

Online distance education is becoming increasingly prevalent, but many students with disabilities experience barriers to online education.

Synopsis Many stakeholders are aware of potential electronic barriers to access, but do not know the extent of their legal responsibilities to provide access for students with disabilities.

Synopsis Creating accessible online courses not only removes barriers for students with disabilities, but makes courses more usable for everyone.

Synopsis The laws in this area, many of which were written before information technology was widespread, tend to be vague and confusing.

Synopsis Additionally, the two sets of standards that have been authored for accessibility in information technology have limited applicability in educational environments.

Synopsis As a result, very few online distance education courses have been designed to accommodate the needs of students with disabilities.

Synopsis This limits the courses available to students with disabilities, and impacts the quality of overall learning.

The Scope of the Problem

A recent U.S. Department of Education survey charted the growth of distance education in both two-year and four- year institutions. pdf

The Scope of the Problem Forty-five percent of 2- and 4-year institutions that offered distance education courses in had occasionally received requests in the last 3 years to provide accommodations for students with disabilities in distance education courses. Thirty-seven percent reported never receiving this type of request in the last 3 years. 15 percent did not know if they had received requests for accommodations.

The Scope of the Problem Of the institutions that had used web sites for distance education courses, 18 percent indicated that they followed established accessibility guidelines or recommendation for users with disabilities to a major extent, 28 percent followed the guidelines to a moderate extent, 18 percent followed the guidelines to a minor extent, 3 percent did not follow the guidelines at all, and 33 percent did not know if the web sites followed accessibility guidelines.

Barriers to Participation by Students with Disabilities

Barriers to Participation for Students with Disabilities The design of many distance learning courses offered by institutions of higher learning erects barriers to the full participation of students and instructors with some types of disabilities.

Barriers to Participation for Students with Disabilities Distance education courses that are designed without planning for students who use assistive technology can result in barriers for those students.

Barriers to Participation for Students with Disabilities Poorly designed distance education courses can result in students with disabilities not being able to participate equally in academics or in career preparation.

Barriers to Participation for Students with Disabilities Examples of poor design: –HTML elements designed with no alternative text attached to graphics to provide information to students who are blind about the graphics –Online multimedia video files that are not captioned for students with hearing disabilities

Benefits of Accessible Online Instruction

Designing online Internet-based courses that are accessible to all students, including students with disabilities, results in courses that are easier to use and understand for everyone.

Benefits of Accessible Online Instruction For example, accessible online courses that have alternative text included allow students to search for key words and phrases.

Benefits of Accessible Online Instruction Captioned videos may help students that are taking courses from a professor who does not have good English language skills.

Benefits of Accessible Online Instruction Accessible courses are more compatible with second-generation browsing devices, such as wireless handheld computers.

Federal Law

The Americans with Disabilities Act Title II of the Americans with Disabilities Act (ADA) applies to “public entities”, including public colleges and universities.

The Americans with Disabilities Act Title II requires entities to "make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the services, program, or activity".

The Americans with Disabilities Act Title III of the ADA applies to “places of public accommodation,” including private colleges and universities,

The Americans with Disabilities Act Title III provides that “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operates a public accommodation”.

The Americans with Disabilities Act Both the Title II and Title III regulations require that communication with people with disabilities be as effective as communication with others.

The Americans with Disabilities Act The ADA was passed in 1990, well before the Internet was in widespread use.

The Americans with Disabilities Act A Department of Justice letter opinion states that “covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well”

The Americans with Disabilities Act Two federal courts have issued different interpretations of the ADA.

The Americans with Disabilities Act In a case against the Metropolitan Atlanta Rapid Transit Authority (MARTA) alleging multiple ADA violations, a federal district court judge found that the MARTA website was inaccessible to people with disabilities and that the system violated a provision of Title II of the ADA requiring that transit agencies make information available in accessible formats.

The Americans with Disabilities Act However, another federal court dismissed a Title III challenge against an inaccessible airline website on the grounds that the website was not a place of public accommodation.

Section 508 of the Rehabilitation Act In response to concerns about accessibility of federal government websites, the U.S. Congress passed new amendments to Section 508 of the Rehabilitation Act of These amendments were passed in 1998 and took effect in 2000.

Section 508 of the Rehabilitation Act Section 508 requires that Federal departments or agencies must provide technology accommodations to their employees with disabilities.

Section 508 of the Rehabilitation Act Section 508 requires that Federal departments or agencies must ensure, absent an undue burden, that the electronic and information technology they acquire is accessible to individuals with disabilities.

Section 508 of the Rehabilitation Act Section 508 also requires that Federal departments or agencies must ensure, absent an undue burden, that Federal Internet sites must be accessible to members of the general public with disabilities.

Section 508 of the Rehabilitation Act Each federal agency was required to evaluate their accessibility and report to the Department of Justice. Each federal agency is required to have a Section 508 coordinator.

Section 508 of the Rehabilitation Act By its terms, Section 508 only applies to programs and services of the federal government.

Section 508 of the Rehabilitation Act However, officials at the U.S. Department of Education authored a letter in 1999 indicating that they interpreted Section 508 to have application to state entities, including some public colleges and universities.

Section 508 of the Rehabilitation Act This administrative interpretation has not yet been adopted by a federal court. However, colleges and universities may choose to adopt Section 508 as part of their Internet access policies.

Section 508 of the Rehabilitation Act For example, the University of Wisconsin-Madison (UWM) adopted Section 508 as part of its web accessibility standards, both for newly designed pages and “legacy” pages designed before 2001.

Section 508 of the Rehabilitation Act There are no standards under the ADA for Internet accessibility, but universities like UWM that adopt Section 508 policies voluntarily will likely be able to show that they are complying with the accessibility requirements of the ADA.

Standards

In order to understand exactly what educators, web designers, and others must do to make distance education accessible to people with disabilities, it is necessary to have adequate standards.

Standards There are two main sources for standards in the field of electronic accessibility: –The World Wide Web Consortium (W3C) guidelines –The Federal Section 508 standards

W3C The W3C guidelines were written by the consortium, made up of leaders in the field of accessibility and web design.

W3C The W3C guidelines are divided into three priorities: –Priority One – Necessary for accessibility –Priority Two – Recommended for accessibility –Priority Three – Useful for accessibility

Section 508 Standards The Section 508 standards were authored by the Architectural and Transportation Barriers Compliance Board, a federal agency which drafted the ADA standards for access.

Section 508 Standards The Section 508 web access standards draw from the W3C, but do not contain all the elements. The Section 508 standards are not divided into priority classes.

State Law

State Laws Several states have passed laws similar to Section 508. These laws vary in their scope and application. Some of them apply to state agencies, while others have wider applications to state universities.

California California Government Code § 11135(d)\ Requires state government entities to comply with Section 508. Requires entities that contract with state or local entities to resolve complaints on accessibility.

Connecticut Adopted W3C guidelines as part of policy for state agency websites ss/ New York, North Dakota, Maine and Massachusetts have similar guidelines.

Kentucky Kentucky Revised Statutes § Requires state entities and state- assisted entities, including universities and schools, to provide equivalent access to information technology for students with disabilities.

Maryland Maryland Education Code Annotated § Requires that technology-based instructional products purchased by Maryland public school systems meet Section 508 requirements.

New Mexico Adopted new state law requiring complete accessibility for distance education programs.

North Carolina North Carolina General Statues § 168A-7 Requires public entities, including educational entities, to make reasonable aids and adaptations to their programs and services to accommodate people with disabilities, including services provided through information technology.

Texas Texas Government Code § Requires that state agency websites conform to generally accepted standards for accessibility for people with disabilities. Developed accessibility standards for state agency websites ( htm)

West Virginia West Virginia Code § 18-10N Requires state department of administration to develop standards for accessibility of state agency websites and technology purchased by the state.

State Laws For more information on state laws, visit: ance.cfm

International Laws

Canada The Canadian Treasury Department adopted the W3C standards as the standards used on all federal government web pages. Ontario provincial law requires that the provincial government “shall provide its internet sites in a format that is accessible to persons with disabilities, unless it is not technically feasible to do so.”

European Union The Parliament of the European Union adopted a resolution calling on all member nations to adopt standards based on the W3C guidelines in 2003, the European Year of People with Disabilities. This resolution also calls on sites that receive public funding to be accessible.

United Kingdom The Disability Discrimination Act of 1995 prohibits discrimination in “access to and use of information services”. Government websites are expected to comply with W3C Priority 1.

New Zealand Government websites are expected to comply with W3C Priority 1 and the W3C standards on Cascading Style Sheets.

Australia The 1992 Disability Discrimination Act calls for online services to be accessible. The W3C standards have been adopted as a “best practice guideline”.

International Laws For more information on international laws, visit: