Why Must We Consider The Accessibility of EIT? NERCOMP November 15, 2017

Welcome and Introductions Kirsten Behling Director, Student Accessibility Services – Tufts University Adjunct Instructor – Disability Services in Higher Education, Suffolk University Andrew Cioffi Director, Disability Services – Suffolk University

Who’s In Attendance?

Prioritizing web Access: Some stats

The aging population is predicted to triple to 1.5 billion by 2050 Source: https://siteimprove.com/blog/why-web-accessibility-should-be-a-priority-now-3-stats-to-prove-it

23% of web accessibility-related litigation and settlements since 2000 happened in the past three years Source: https://siteimprove.com/blog/why-web-accessibility-should-be-a-priority-now-3-stats-to-prove-it

Mobile screen reader usage has increased by 70% Source: https://siteimprove.com/blog/why-web-accessibility-should-be-a-priority-now-3-stats-to-prove-it

Let’s take a look at where we do business

Place of “Public Accommodation” As postsecondary institutions, a “place of public accommodation” is Any of our physical spaces and/or equipment and/or properties; That are maintained by our institutions; Where we conduct our business

But what about our online environments?

From the Justice Department “Although the language of the ADA does not explicitly mention the Internet, the Department has taken the position that title III covers access to Web sites of public accommodations.” ADA Title III regs, Guidance and Analysis, DOJ

But we have a lot more online that just our website…

Law is being applied as if… Our place of public accommodation includes all of our online “facilities” (list of cases and complaints to follow…) New “Regs” on the horizon? Accessibility of web information or services Movie captioning and video description Operating systems Access beyond “sensory” Furniture and equipment would include things such as kiosks, interactive transaction machines, point of sale, atms, ticket sales, DVD rentals, etc.

Re-defining “Place of Public Accommodation” Institutional Webpage Internal portal LMS MOOC/SPOC Mass communication/ Social Media Databases Registration Library databases Print release stations Online tutoring/advising Webinar platforms Course/Lab simulation software Course specific infrastructure Physical amenities with digital/online components

Case Precedent

Disclaimer Legal Advice Colleagues We are not attorneys and have no legal training We are not qualified to give legal advice Colleagues These cases represent colleagues (several of whom I know personally). These cases are provided as teachable examples (i.e. roadmaps), but do not reflect on the work that the individuals at these institutions are doing.

Legal Stuff Florida State – “Clickers/LMS” Harvard - “Webcast Captions” MIT – “Webcast Captions” Louisiana Tech – “Online/Hybrid” LSAC – “Inaccessible Law School Application” Miami University – “Alt format materials and LMS” Northwestern and NYU – “Google Apps” Penn State – “Course Management System” South Carolina Technical College – “Website Accessibility” University of Cincinnati – “Website Access” University of Colorado – “Course Management System” University of Maryland – “Captions on Athletic Media” Youngstown State university – “Website Accessibility” University of Miami Ohio – “Inaccessible systems” http://www.d.umn.edu/~lcarlson/atteam/lawsuits.html

Why Else? (Thinking Beyond Compliance) Equal access is a civil right Access to web is a “basic human right” Access benefits all Accessibility improves usability Accessible materials are of a higher standard; look and “feel” more professional Ethical/moral obligation Access is easier moving forward (start now prior to complaint or new regs)

Defining Accessibility Accessible refers to a site, facility, work environment, service, or program that is easy to approach, enter, operate, participate in, and/or use safely and with dignity by a person with a disability The ADA Glossary of Terms, Job Accommodation Network (askjan)

Defining Web Accessibility Web Accessibility refers to the inclusive practice of removing barriers that prevent interaction with, or access to websites, by people with disabilities. When sites are correctly designed, developed and edited, all users have equal access to information and functionality. Web accessibility, Wikipedia

Web Accessibility Perspectives URL: https://www.youtube.com/watch?v=3f31oufqFSM

Accessibility Standards

Accessibility Standards, W3C W3C and WAI World Wide Web Consortium Open standards Principles: Web for all, Web on everything Web Accessibility Initiative The web as a basic human right Publication of WCAG guidelines

Accessibility Standards, W3C WCAG 2.0 - Web Content Accessibility Guidelines Perceivable Perceivable, timely, structured layouts, see/hear Operable Keyboard access, time, seizures, assistive nav. Understandable Readable, predictable, avoid mistakes Robust Maximize compatibility

Accessibility Standards, W3C WCAG 2.0 – Levels 3 levels of conformance (A, AA, AAA – low to high) A = “Access,” AA = “Access and Usability,” AAA = “Above and Beyond” AA level is the level that is commonly mandated in settlement agreements Resources: Wuhcag checklist: https://www.wuhcag.com/wcag- checklist/ WebAIM checklist: http://webaim.org/standards/wcag/checklist

Accessibility Standards, 508 Section 508 (GSA) Compliance refers ONLY to Government: “Develop, procure, maintain, use” Provides list of technical standards Establishes VPATs

Accessibility Standards, 508 Section 508 Standards Software applications and operating systems Web-based intranet and internet Information applications Telecommunications products Video and multimedia products Self contained, closed products Desktop and portable computers Summary notes from wikipedia Software Applications and Operating Systems: includes accessibility to software, e.g. keyboard navigation & focus is supplied by a web browser. Web-based Intranet and Internet Information and Applications: assures accessibility to web content, e.g., text description for any visuals such that users of with a disability or users that need assistive technology such as screen readers and refreshableBraille displays, can access the content. Telecommunications Products: addresses accessibility for telecommunications products such as cell phones or voice mail systems. It includes addressing technology compatibility with hearing aids, assistive listening devices, and telecommunications devices for the deaf (TTYs). Videos or Multimedia Products: includes requirements for captioning and audio description of multimedia products such as training or informational multimedia productions. Self Contained, Closed Products: products where end users cannot typically add or connect their own assistive technologies, such as information kiosks, copiers, and fax machines. This standard links to the other standards and generally requires that access features be built into these systems. Desktop and Portable Computers: discusses accessibility related to standardized ports, and mechanically operated controls such as keyboards and touch screens

Section 508 (and 225) Updates Restructuring provisions by functionality instead of product type due to the increasingly multi-functional capabilities of ICT; Incorporating the Web Content Accessibility Guidelines (WCAG) 2.0 by reference and applying Level A and Level AA Success Criteria and Conformance Requirements to websites, as well as to non-web electronic documents and software; Specifying the types of non-public facing electronic content that must comply; Requiring that operating systems provide certain accessibility features; Clarifying that software and operating systems must interoperate with assistive technology (such as screen magnification software and refreshable braille displays); Addressing access for people with cognitive, language, and learning disabilities; and Harmonizing the requirements with international standards. https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/overview-of-the-final-rule

Putting it All Together Our P.O.P.A. includes all venues in which we “do our business” Our P.O.P.A. needs to be accessible Guidance comes in the form of settlement agreements (Penn State, edX, etc.) Best practices are defined by W3C While we are not held to 508 directly, we learn from 508 standards

Your New Mantra “…is it accessible?”

…And Other Important Questions to Ask Whose responsibility is accessibility and adopting accessible tech? What is involved in making it accessible? Can it be used to make something else accessible? If it’s not accessible, can a student be reasonably accommodated? Are the alternatives reasonable, meaningful? Cost/benefit – is it worth buying into the hype cycle? Is it sustainable?

What do we know so far?

What We Know So Far How Colleges and Universities deliver content is changing To keep up, we employ pre-packaged content from publishers (with varying degrees of accessibility) Publisher provided content is not always accessible (even when they say so) Students are driving demand for more dynamic content (such as game-based learning) eLearning is presenting dynamic new barriers to access for students with disabilities Our technology environments are part of our “place of public accommodation”

Where does responsibility lie?

Identifying the Key Players Provost, CIO, Academic Deans IT, Academic Technologists Course designers Faculty Business Office/Purchasing Librarians Students

Accessibility/Procurement Policy

There’s no need to go it alone

Questions, Comments, Discussion