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 (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 , 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 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 Guidelineshttp://dsp.berkeley.edu 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 o Accessibility 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 o C 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. o This 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 o New resource for all of campus o Evaluation of materials for accessibility o Conversion of inaccessible materials to an accessible format o Captioning of video and multimedia materials o Transcripts for audio materials o Promote Universal Design: Faculty can submit materials even if they do not have an identified student in their class who “needs” them.