VENDOR TIPS ON ACCESSIBLE PROCUREMENT Elizabeth Delfs, Esq. Vice President and Senior Counsel (elizabeth_delfs@pearsoned.com) Jonathan Thurston, Global Head, Accessible Products (jonathan_thurston@pearsoned.com)

Appreciate the power of corporate competition GOALS Not waste your time Appreciate the power of corporate competition Critical components of a killer accessible purchasing policy

HOW COMPETITION MOVED A HORSE INTO A TRAILER AND A PUBLISHING COMPANY INTO ACCESSIBILITY

RESISTANCE

Motivating Power of Competition

Success!

Metaphor Explained Pearson, like Hot Dog, is the dominant player in the publisher pen Years of imploring, cajoling, persuading = sporadic progress Introduce competition and the threat that someone else is going to eat your lunch when YOU are the head horse = motivation and rapid progress ACCESSIBLE PURCHASING REQUIREMENTS MOVED PEARSON INTO THE ACCESSIBLE PUBLISHING TRAILER.

Dan Goldstein: The Godfather of Accessible Procurement

Settlement/Resolution Agreements Compilation: see http://www.d.umn.edu/~lcarlson/atteam/lawsuits.html Impact: Glimpse of what the parties were willing to agree on in a specific factual situation. Limitation: No one ever admits liability. Does not provide legal standard. Don’t know what really happened Unfeasible terms

FOCUS: MIAMI UNIVERSITY 18 LAWYERS CONSENT DECREE Equally Effective Alternative Access What it is Why are we still in that world??? Most Recent Definition: The work around – whether it is a format, a medium or other aid, must timely and accurately communicate the same content as the original and be appropriate to the individual’s disability. Timely: Sufficient time to have equal opportunity to obtain the same results, gain the same benefits, or reach the same level of achievement as persons without disabilities. (Departure from “same time, available on day 1” language in prior settlements.)

Miami settlement Accessibility achieved through any commonly accepted standards. NOT tied to WCAG, 508 etc. Consistent with DOJ position that WCAG is not the de facto definition. Student Responsibilities: Identify, engage Compliance responsibilities shifted to VP for Info Technology

PROCUREMENT, MIAMI STYLE “Ifs and Buts”. Second Procurement Policy for Exceptions to be Developed! Purchases for use by students will conform to technical standards Exceptions: Not commercially available Will exert undue burden and fundamental alteration, as determined by the college president Pick the best of the litter Equally Equivalent Alternative Access meets the definition Inaccessible product cannot be used in class where disabled student enrolled. (Ok to use in classes with no disabled students??)

Pulling It All Together for Procurement Contract Publisher: Make product expert available Specify where technical standards ARE AND ARE NOT met Warranty availability and performance of technical standards Participate in identifying accessible alternative access options Negotiate publisher support in providing options

Pulling It All Together: College Role DO Conduct qualified testing, or rely on warranty Compare products VP of Technology at the table DO NOT Expect Indemnity Expect publisher to resolve ADA claims Rely on hearsay, listserv etc for status