1. Accommodation, Accessibility, and You
Access and Accommodation
September 2016
Accommodation, Accessibility, and You
Gaeir Dietrich  HTCTU Director 
11/22/2018
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2. High Tech Center Training Unit
Grant Program
Funded by the California Community Colleges Chancellor’s Office
Located at De Anza College in Cupertino, California
Train staff and faculty of the CCCs to use technology to assist students with disabilities

3. Emerging Technology and the Issue of Access
The Office for Civil Rights (OCR) Is Watching …

4. The “Kindle Letter” June 29, 2010 Dear Colleague Letter (DCL)
Issued by the Office for Civil Rights (OCR)
Cosponsored by DOJ and Dept of Ed
Expresses concern over campuses adopting inaccessible technology 4

5. Concerns about Technology
Office for Civil Rights…
DCL June 29, 2010
“It is unacceptable for universities to use emerging technology without insisting that this technology be accessible to all students.” 5

6. Not Equal Digital does not mean accessible!
Just because something is digital does not mean that it is accessible to all!

7. Technology Complaints
Increasing number of technology complaints and OCR compliance reviews since the “Kindle Letter”
DOJ has added a new section on accessible technology to its ADA website

8. OCR Resolutions since DCL…
Complaints have centered around
Lack of access
Inaccessible learning management systems
Inaccessible instructional materials
Inaccessible software used in instruction
Lack of availability of assistive technology
And especially, Web site issues!

9. Consistent Requirements
Conduct accessibility audit
Include a process to report access issues
Train *all* appropriate personnel on accessibility
When purchasing, verify vendor’s accessibility claims
For software, apps, etc.

10. In Addition: Website Specific
Make web pages accessible
Content not accessible? Remove it
Provide accommodation request method on website
Identify individual responsible for web accessibility (name, title, , phone)
Include nondiscrimination notice on site
Ensure quality and ongoing access

11. AND Commit the resources needed to make accessibility happen!
“[M]aintain the accessibility of all online content and functionality on an ongoing basis…backed by adequate personnel and financial resources”
From the Guam DOE agreement
OCR expects us to take our contractual obligation seriously
11/22/2018

12. Want to Read More? U.S. Dept of Ed OCR Website
11/22/2018

13. One More Interesting Aspect…
Even though Section 508 did not directly apply to these schools, OCR held an expectation of purchasing accessible technology …
as a way of meeting obligations under Section 504 and the ADA 13

14. Access and Accommodation
September 2016
Section 504 vs. Section 508
One Act (Rehabilitation Act of 1973, as Amended) Two Laws
11/22/2018
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15. Legal Requirements Section 504 Section 508 Federal law
Follows the money
Requires individuals with disabilities be provided with auxiliary aids and services (accommodations)
Equally effective communication
Section 508
California state law (since January 2003)
Requires accessible infrastructure

16. Access and Accommodation
September 2016
Rehabilitation Act of 1973
Section 504 is about accommodation.
Making it work for individuals
Disability service offices created to serve students’ needs.
Section 508 is about access.
Electronic & Information Tech (E&IT) infrastructure
Create accessible software, Web sites, videos, and documents.
Purchase accessible products.
Campuswide responsibility
11/22/2018
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17. Access and Accommodation
September 2016
A Campus Analogy
Section 504
Deaf student requests that videos for her class be captioned
Section 508
New videos must be captioned before being used for the first time
11/22/2018
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18. Access and Accommodation
September 2016
Campus Comparison
Section 504
Accommodation
Based on person’s request and preference
Campus disability office handles student requests / HR handles employee requests
Begins where 508 ends
Section 508
Access
No prior request needed—”open door”
All E&IT (purchased or created) for entire campus—used by students, staff, faculty, and public
Ends where 504 begins
11/22/2018
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19. Access vs. Accommodation
11/22/2018

20. Access and Accommodation
September 2016
United We Stand
Access and accommodation work together
It’s a continuum
Not fully accessible? Accommodate.
But beware…
Some technology cannot be accommodated!
11/22/2018
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21. Access and Accommodation
September 2016
Risk Management
The more long-lasting and broadly available, the more things need to be accessible
One-use materials or very limited availability, the more can rely on accommodation
11/22/2018
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22. We’ve Got Your Back!
Accommodation is always the back-up plan for access!
Create and buy E&IT that is as accessible as possible
When access falls short…accommodate!
But remember: If we cannot accommodate it; we cannot require it!
11/22/2018

23. Access and Accommodation
September 2016
How will you accommodate?
Can still use materials that are not fully accessible, as long as you can accommodate individual needs in an equally effective manner
Make accommodation planning part of the design strategy and buying decisions!
11/22/2018

24. What does accommodate mean?
Access and Accommodation
September 2016
What does accommodate mean?
Accommodations are intended to be individualized solutions
Can have a programmatic strategy BUT must be willing to adapt to individual need
11/22/2018
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25. OCR’s Expectations
Accommodation decisions will be made in consultation with the student
The student will be allowed to attempt to fulfill the work with the accommodations
Academic integrity will be maintained
If things don’t work, there is a grievance process
11/22/2018

26. Flexibility Print-disabled student may need multiple formats
DHH or ADHD students might benefit from reading programs that highlight text
Provide free tools on all workstations and specialized software upon request
E.g., Balabolka and NVDA for the PC
11/22/2018

27. Access and Accommodation
September 2016
And Remember
Do not require technology (software or hardware) that cannot be accommodated!
In other words, if it is impossible to make the technology equally as effective for all users, do not require it of all users.
11/22/2018
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28. Following the Standards
If the Section 508 Standards are followed to ensure general access, there will be less need for accommodations!
11/22/2018

29. Complying with the Section 508 Standards
Section 508 of the Rehabilitation Act of 1973, as amended in 1998
11/22/2018

30. When Do Standards Apply?
Section 508 standards apply to the governmental entity
As purchaser of E&IT
As creator of E&IT
Standards are not enforceable on the vendors!
Compliance is up to the organization
And is enforced by user complaint

31. Remember the Acronym
Section 508 applies to Electronic & Information Technology (E&IT) that is “DUMPed”
D: Developed
U: Used
M: Maintained
P: Procured
11/22/2018

32. Access and Accommodation
September 2016
Section 508 in Action
Make Web sites accessible
Follow the 508 or WCAG Standards
Make software created by organization accessible
Make videos & multi-media accessible
Purchase accessible Electronic & Information Technology (E&IT)
ICT: Information & Communication Tech
11/22/2018
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33. Creating Accessible documents Captioned media Accessible websites
Word
PowerPoint
PDF
Captioned media
Accessible websites
We can help train faculty/staff to create accessible document and courses
11/22/2018

34. Purchasing?
All technology that falls under the Section 508 standards needs to go through a procurement procedure
Assessment of the ability to accommodate the technology should part of the purchasing / adoption process
We can help train staff of Section 508 purchasing procedures
11/22/2018

35. 508 + 504 Strategy Section 508 Section 504 Create accessible documents
Develop accessible software, apps
Build accessible websites
Purchase accessible hardware, software, and apps
Section 504
Accommodate as necessary
11/22/2018

36. Strategy for Access Campus does its best to create access
Under Section 508
DSPS accommodates as necessary
Under Section 504
And if we cannot accommodate it, it cannot be required!

37. Beyond Access
You are required to have a statement of nondiscrimination on your website
We can go beyond access to inclusion
Example of welcome and accessibility statement for an online course from Sheryl Burgstahler, DO-IT Director
11/22/2018

38. Sheryl Burgstahler, Ph.D.
This course is designed to be welcoming to, accessible to, and usable by everyone, including students who are English-language learners, have a variety of learning styles, have disabilities, or are new to online learning. Be sure to let me know immediately if you encounter a required element or resource in the course that is not accessible to you. Also, let me know of changes I can make to the course so that it is more welcoming to, accessible to, or usable by students who take this course in the future.
11/22/2018

39. Others can help!
Resources

40. Web Checker Tools Free tool licensed for CCCs Contact Sean Keegan
Compliance Sheriff
Contact Sean Keegan
CCC Accessibility Center
11/22/2018

41. Teach to All Learners Encourage universal design
Designing for access with designing for all learners
11/22/2018

42. Digital Media DCMP Captioning Key NCAM – STEM WGBH – Web Media
NCAM – STEM
WGBH – Web Media
11/22/2018

43. Web Accessibility W3C – WCAG 2.0 Web Accessibility Initiative
WAI:
DO-IT (University of Washington)
WebAIM

44. One Site for Free Assistance
@ONE: Course on accessibility for online ed
Sidekick
11/22/2018

45. Thank you! Gaeir (rhymes with “fire”) Dietrich
HTCTU front office: Erika Owens
● ww.toolsthatinspire.com