Accommodation, Accessibility, and You Access and Accommodation September 2016 Accommodation, Accessibility, and You Gaeir Dietrich  HTCTU Director www.htctu.net  www.toolsthatinspire.com 11/22/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 1 1

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 www.htctu.net

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

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 www.htctu.net 4

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.” www.htctu.net 5

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

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 www.ada.gov/access-technology/index.html

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!

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.

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, email, phone) Include nondiscrimination notice on site Ensure quality and ongoing access

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 www.htctu.net

Want to Read More? U.S. Dept of Ed OCR Website http://www2.ed.gov/about/offices/list/ocr/docs/investigations/index.html?exp=2#section504rev 11/22/2018 www.htctu.net

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 www.htctu.net 13

Access and Accommodation September 2016 Section 504 vs. Section 508 One Act (Rehabilitation Act of 1973, as Amended) Two Laws 11/22/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 14

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

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 16 16 16

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 17 17 17

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 www.htctu.net www.htctu.net www.htctu.net * Access to IT 18

Access vs. Accommodation 11/22/2018 www.htctu.net

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 20 20

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 21

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 www.htctu.net

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 www.htctu.net www.htctu.net

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 24

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 www.htctu.net

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 www.htctu.net

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 27

Following the Standards If the Section 508 Standards are followed to ensure general access, there will be less need for accommodations! 11/22/2018 www.htctu.net

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

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

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 www.htctu.net

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 www.htctu.net www.htctu.net * Access to IT www.htctu.net 32

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 www.htctu.net

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 www.htctu.net

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 www.htctu.net

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!

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 http://www.washington.edu/doit/ 11/22/2018 www.htctu.net

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 www.htctu.net

Others can help! Resources

Web Checker Tools Free tool licensed for CCCs Contact Sean Keegan Compliance Sheriff Contact Sean Keegan CCC Accessibility Center http://cccaccessibility.org/ accessibility-info@cccnext.net 11/22/2018 www.htctu.net

Teach to All Learners Encourage universal design http://www.cast.org/udl/ http://enact.sonoma.edu/ http://www.udlcenter.org/ https://assett.colorado.edu/ Designing for access with designing for all learners 11/22/2018 www.htctu.net

Digital Media DCMP Captioning Key NCAM – STEM WGBH – Web Media http://www.dcmp.org/captioningkey/ NCAM – STEM http://ncam.wgbh.org/experience_learn/educational_media/stemdx/guidelines WGBH – Web Media http://ncam.wgbh.org/invent_build/web_multimedia/accessible-digital-media-guide/guideline-h-multimedia 11/22/2018 www.htctu.net

Web Accessibility W3C – WCAG 2.0 Web Accessibility Initiative WAI: http://www.w3.org/WAI/ DO-IT (University of Washington) http://www.washington.edu/doit/ WebAIM http://webaim.org/ www.htctu.net

One Site for Free Assistance @ONE: Course on accessibility for online ed Sidekick www.toolsthatinspire.com 11/22/2018 www.htctu.net

Thank you! Gaeir (rhymes with “fire”) Dietrich gdietrich@htctu.net 408-996-6047 HTCTU front office: Erika Owens eowens@htctu.net 408-996-4636 www.htctu.net ● ww.toolsthatinspire.com