Legal Mandates for Access Section 508 Compliance 2017_ICT Legal Mandates for Access Gaeir Dietrich  HTCTU Director gdietrich@htctu.net www.htctu.net 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 1 1

Equal Rights Protection for individuals with disabilities is part of civil rights Both state and federal laws apply 12/4/2018 www.htctu.net

Rehabilitation Act of 1973 Section 504 Section 508 Follows the money—accept federal funds in any form? Must comply with 504 Basis of most accommodation-related complaints Section 508 Applies Section 508 standards because of CA law (SB 105, CA Govt Code 7405) Affects technology created and used 12/4/2018 www.htctu.net

ADAAA Americans with Disabilities Act (ADA) as Amended Title II of ADA Federal law effective 1990, amended 2009 Title II of ADA Applies to all public institutions Broad and far-reaching: architecture, service animals, accommodations, etc. 12/4/2018 www.htctu.net

Office for Civil Rights (OCR) Monitoring for compliance of federal laws is done by the Office for Civil Rights Dept of Ed & Dept of Justice Two types of reviews OCR Complaints Initiated by individual with a disability OCR Compliance Reviews Initiated by OCR 12/4/2018 www.htctu.net

CA State Law Title 5 regulations Education code for CCCs Outlines requirements for services, verification of disability, receiving funds, use of funds, interactive process, reporting, etc. Monitoring for compliance done by the state 12/4/2018 www.htctu.net

Excellent Title 5 Resource Interwork Institute | DSPS Solutions Title 5 DSPS Regulations and Implementing Guidelines http://www.dspssolutions.org/ Gets very specific about what you need to do, why, and how 12/4/2018 www.htctu.net

Bottom Line It’s all about serving students…and there are two parts to meeting those needs 1. access Campus responsibility 2. accommodations* DSPS responsibility for students *Please note: “Accommodations” are called auxiliary aids and services in the law 12/4/2018 www.htctu.net

Section 508 Compliance 2017_ICT Section 504 vs. Section 508 One Act (Rehabilitation Act of 1973, as Amended) Two Laws 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 9

Section 508 Compliance 2017_ICT Section 504 vs. Section 508 Section 504 addresses individuals’ needs for auxiliary aids and services (accommodations). Section 508 addresses the infrastructure that allows access to technology. 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 10 10 10

Rehabilitation Act of 1973 Section 504 is about accommodation. Section 508 Compliance 2017_ICT Rehabilitation Act of 1973 Section 504 is about accommodation. Making it work for individuals Disability service offices created to serve students’ needs (method of administration). Section 508 is about access. Create accessible software, Web sites, videos, and documents. Purchase accessible products. Campuswide responsibility 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 11 11 11

Comparison Section 504 Section 508 Accommodation Section 508 Compliance 2017_ICT Comparison Section 504 Accommodation Based on person’s request and preference DSPS or ADA/Section 504 compliance officer assists Begins where 508 ends Section 508 Access No prior request needed—”open door” All technology purchased & created for entire organization Ends where 504 begins 12/4/2018 www.htctu.net www.htctu.net www.htctu.net * Access to IT 12

Access vs. Accommodation 12/4/2018 www.htctu.net

The “Suit” Analogy Off the rack = access Additional tailoring = accommodation 12/4/2018 www.htctu.net

Where’s the Line? AT Provide free assistive technology (AT) in all campus labs Balabolka & Natural Reader (free document access, Text-to-Speech) NVDA (free screen reader) Provide more sophisticated tools on request Install JAWS or Kurzweil / ClaroRead / R&W Gold as needed/when requested

Where’s the Line? Graphics Graphics in Coursework Access: Faculty member provides brief alternate text description for all digital graphics (in documents posted online, in distance ed courses, etc.) Accommodation: When a brief description is not enough, DSPS provides tactile graphics 12/4/2018 www.htctu.net

Where’s the Line? Documents Word to PDF Access: Faculty and staff learn to create accessible Word and use the “wizard” to create PDF and post both PDF and DOCX Accommodation: DSPS handles converting documents into alternate formats 12/4/2018 www.htctu.net

Section 508 Compliance 2017_ICT 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 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 18

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! 12/4/2018 www.htctu.net

United We Stand Access and accommodation work together Section 508 Compliance 2017_ICT United We Stand Access and accommodation work together It’s a continuum Not fully accessible? Accommodate. But beware… Some technology cannot be accommodated! 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 20 20

Section 508 Compliance 2017_ICT Really Important! 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. 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 21

Concerns about Technology Office for Civil Rights… Dear Colleague Letter (DCL) June 29, 2010 – jointly signed DOJ and Dept of Ed “It is unacceptable for universities to use emerging technology without insisting that this technology be accessible to all students.” www.htctu.net 22

Tech Complaints since the DCL… Complaints have centered around Inaccessible Web sites Inaccessible learning management systems Inaccessible instructional materials Inaccessible software used in instruction Lack of availability of assistive technology

So what do we do? 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 12/4/2018 www.htctu.net

Commitment to an Accessible Web How do we ensure access? Commitment to an Accessible Web

Many Recent OCR Web Cases Requirements for access have been consistent Make web pages accessible WCAG 2.0 Level AA Same standard from recent OCR complaints and compliance reviews for Dept of Ed—same for DOJ Same standard under Section 508 refresh (March 2017)

How Do We Do That? Start by conducting accessibility audit of website CCC Accessibility Center has free tools for running checks https://cccaccessibility.org/ Set up system of testing and accountability (including quality assurance) 12/4/2018 www.htctu.net

Other Requirements Verify vendor’s claims of accessibility for third party materials Content must be made accessible or removed from site Include a process on the website to allow the reporting of inaccessible content Train all appropriate personnel on web accessibility

In Addition Include a notice of nondiscrimination on website Provide a method on the website to request an accommodation Identify the individual responsible for ensuring web accessibility and provide contact information (name, title, email, phone) Slide authored by Gaeir Dietrich

Bottom Line Websites must be accessible Including materials posted to the website (videos, PDFs, etc.) Third party materials from vendors must be accessible or be removed The campus is responsible to verify vendor’s claims of accessibility On-going accessibility testing of the site is required Slide authored by Gaeir Dietrich

Accountability A system of accountability must be in place OCR says sufficient resources must be provided to ensure accessibility “The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation.”

Add an Accessibility Page Include a link to an accessibility page in the footer--can be accessed from every web page on your site

It Can Be Simple! Santa Monica College http://www.smc.edu/Pages/Accessibility-Statement.aspx

Include the following… A statement of commitment to accessibility A form (or link to email) for reporting any accessibility issues A contact person to assist with accessibility questions Name, title, email, phone A link to DSPS for more information on accommodations

Make It Easy! Train “accessibility experts” to support staff Develop an accessibility “help desk” Questions need to be answered quickly! One model: Each department has one person who becomes an expert in accessible documents

Exactly What IS the Standard? The standard is WCAG 2.0, Level AA Web Content Accessibility Guidelines https://www.w3.org/TR/wcag/ WCAG is from the W3C World Wide Web Consortium Web Accessibility Initiative (WAI) https://www.w3.org/WAI/intro/wcag.php 12/4/2018 www.htctu.net

Section 508 Standards: Creation In the beginning was the Web… 12/4/2018 www.htctu.net

What Needs to Be Accessible Anything on the Web Webpages Websites Online forms Online courses Videos If it’s on the Web, it must be accessible! 12/4/2018 www.htctu.net

External or Internal ALL public facing content (documents, webpages, videos, etc.) must be accessible under the new standards Non-public documents must be accessible in eight categories of official communications 12/4/2018 www.htctu.net

Eight Categories (1) Emergency Notifications (2) Decisions adjudicating administrative claim or proceeding; (3) Program or policy announcements (4) Notices of benefits, program eligibility, employment opportunity, or personnel action 12/4/2018 www.htctu.net

Categories cont. (5) Formal acknowledgements of receipt (6) Survey questionnaires (7) Templates and forms (8) Educational and training materials 12/4/2018 www.htctu.net

What Does Accessible Mean? Documents Must be readable with assistive technology Graphics Add “alt text”—brief description Videos and multimedia Captioned Back-up plan for audio description—text description, for instance 12/4/2018 www.htctu.net

What about Software? Learning software/apps Learning objects Either have accessibility built-in or work with assistive technology Learning objects Either accessible from the vendor or can be made accessible 12/4/2018 www.htctu.net

And if it’s not accessible?!? Work with DSPS to determine if an equally effective alternative exists If an equally effective alternative does not exist, you cannot require the material / software / learning object, etc. 12/4/2018 www.htctu.net

OCR + 508 + 504 Want to buy it? Not accessible? Can’t accommodate it? Make sure it’s accessible Not accessible? Plan how to accommodate it Can’t accommodate it? Don’t require it for student success!

Working for Campus Accessibility 12/4/2018 www.htctu.net

Realistic Expectations Faculty and staff can learn to create accessible Word documents and run the “Make Accessible Wizard” Include verbiage on campus sites that directs anyone who needs greater accommodation to see your alternate media specialist

Documents Trainings In my accessible document trainings, I show the benefits of creating accessible documents for both the user AND the creator Faculty and staff are loving it!

Benefits to Faculty & Staff? Saving time when editing Automatic formatting Automatic table of contents Ease of navigation Improved tables (Yes, we will come to you…)

Benefits to Students? Documents that can be used directly from their courses & instructors without going to DSPS Documents that all students can convert to MP3s 12/4/2018 www.htctu.net

Benefits to You? DSPS is seen as helpful—people who saved them time and made their lives easier… …which means they are more likely to listen to you about other things! 12/4/2018 www.htctu.net

Accessible Online Courses 2017_ICT Content vs. Container Academic freedom is about the content. Section 508 is about the container. Conforming to Section 508 simply allows equal access to the content. www.htctu.net 52 www.htctu.net * Access to IT www.htctu.net 52 52 52 52

Beyond Access We can go beyond access to inclusion Section 508 Compliance 2017_ICT Beyond Access 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/ 12/4/2018 www.htctu.net www.htctu.net

Universal Inclusion 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. Sheryl Burgstahler, Ph.D. 12/4/2018 www.htctu.net

Universal Design: Inclusion and Access Universal Design and Student Success 2017 Universal Design: Inclusion and Access Gaeir Dietrich  HTCTU Director gdietrich@htctu.net www.htctu.net 12/4/2018 www.htctu.net www.htctu.net * Access to IT www.htctu.net 55 55

First Case for Universal Design Universal design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. –Ron Mace (1941–1998) Center for Universal Design at North Carolina State University

Design Idea Designing for people with special needs adds functionality for all of us! Design idea applies not just to physical spaces but to technology, as well! There are times when all of us are functionally blind or functionally deaf. TV Raman

Increasing Usability!

UD Idea Expanded How can the principles of physical access be applied to help people learn? Universal Design for Learning! Multiply your options! Multiple means of Engagement Multiple means of Representation Multiple means of Expression / Action

Principles of UDL Provide multiple means to engage learners Engagement Present content and information in different ways Representation Provide multiple means for students to express what they know Action/Expression

The Magic Designing with special needs in mind expands usability for everyone! The needs of students with disabilities overlaps the needs of many other students E-text (including transcripts) Allows the use of Google translate Allows the creation of MP3s Can be searched

Expanded Perspective The preschooler and the four walls Fundamental concepts may be lacking; get students to verbalize their processes The first grader’s perception of same and different We assume that our perceptions are the “right” ones TV Raman and the middle Our assumptions limit our possibilities

UDL Multiplies Options The idea with designing in a universal way is providing more options Rather than looking for one “best” way, looks for as many ways as you can think of…and then add a few more! 12/4/2018 www.htctu.net

Some observations… Chemistry instructor expected students to read material before the lecture/lab Student feedback? Did not understand material until it was demonstrated I assume that charts and graphs will help all students Student feedback? At least half the students prefer a simple list 12/4/2018 www.htctu.net

More examples… An aeronautics instructor assumed that students should just be able to figure out how to put an engine together with no written instructions. Student feedback? Worked for some students, but many were lost and frustrated from doing it wrong or had no idea where to start 12/4/2018 www.htctu.net

Additional Strategies? Standard instruction… Lecture Readings Writing assignments Is it possible to add… Graphic organizers? Creative activities? Hands on? Activities? Field trips?

History Example Instructor used heavy tape to make a “timeline” on the floor Students “walked” the timeline Students chose a time period and found something to represent that time period Art, music, poetry, costume, etc. 12/4/2018 www.htctu.net

English Example Teaching about punctuation Students had to include the punctuation symbol (what it looked like), its name, an explanation of how it is used, and a sample sentence Students created charts, booklets, drawings 12/4/2018 www.htctu.net

Universal Design and Student Success 2017 What if I’m not good at… As extra credit or an activity, encourage students to come up with Relevant activities Graphic organizers Outlines Videos Music 12/4/2018 www.htctu.net www.htctu.net

The Wonder of Inclusion Student who is blind in… Art history Biology Statistics 12/4/2018 www.htctu.net

UDL and Accommodations Legal class All tests take home and open book Students allowed one week Writings are limited by word count—not time 12/4/2018 www.htctu.net

Real World Parallels Legal class One-week because lawyers work under some time limits Open book because lawyers always have references Word limit because that is what is expected in that profession And, this instructor is never asked for accommodations on tests! 12/4/2018 www.htctu.net

Assessment What are you really testing? Are you testing students’ ability to stay cool under time constraints? Testing their short-term memory? Are there “real world” parallels you could utilize? 12/4/2018 www.htctu.net

What Can You Do? Simple Ideas that You Can Use! 12/4/2018 www.htctu.net

For Hearing Issues Speak looking directly at the person Allows additional visual context Build in pauses Allows processing time Point; use gestures; draw Uses visual to reinforce auditory Include captions Seeing and hearing aids in learning new vocabulary

For Vision Issues Use concrete terms Meaningless! Avoid this, that, here, there, thing Meaningless! “Get that thing over there.” “You can see that….” “Set both factors equal to zero and solve.” Provide e-text so that students can use text-to-speech (TTS) to hear materials read aloud

For Hands-on Learners “Walk” them through the steps Make sure they know where to go and what to do when they get there Draw on maps when giving directions Include “activity-based” homework and assessment when possible

Multiple Modalities Design so that materials can be used in whichever modality works best for the learner! 12/4/2018 www.htctu.net

In Summary Multiple means of Engagement + Multiple means of Representation Multiple means of Expression / Action = Add up to teaching all students in ways that better meet individual needs! 12/4/2018 www.htctu.net

Others can help! Resources

Sonoma State UDL Minimizes barriers and maximizes learning for all students Materials used and understood by everyone Create genuine learning opportunities Focus on recognition, skills and strategies, prioritizing http://enact.sonoma.edu/

UDL Movement CAST Natl Ctr of Universal Design for Learning www.cast.org Natl Ctr of Universal Design for Learning http://www.udlcenter.org/ Sonoma State University http://enact.sonoma.edu Colorado University Boulder https://assett.colorado.edu/

Resources WebAIM DO-IT Checklists, step-by-step information http://webaim.org/ DO-IT How-tos, videos, general information Resources to promote access on campus www.washington.edu/doit/Resources/web-design.html 12/4/2018 www.htctu.net

World Wide Web Consortium Web Accessibility 2017_ICT World Wide Web Consortium W3C Those who bring you the Web! Web Content Accessibility Guidelines http://www.w3.org/TR/WCAG20/ Web Accessibility Initiative http://www.w3.org/WAI/gettingstarted/tips/ 12/4/2018 www.htctu.net www.htctu.net

Color Contrast Help Color Contrast Analyzer (CCA) http://colorsafe.co Web Accessibility 2017_ICT Color Contrast Help Color Contrast Analyzer (CCA) http://www.paciellogroup.com/resources/contrastanalyser/ http://colorsafe.co Shows colors you can use together Color Simulators http://www.color-blindness.com/coblis-color-blindness-simulator/ http://colororacle.org/ 12/4/2018 www.htctu.net Math Accessibility Conference

Read MathType in DOCX Create Word (DOCX) document with math equations developed in MathType Read resulting document with CAR Central Access Reader (CAR) From Central Washington University https://www.cwu.edu/central-access/reader 12/4/2018 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 12/4/2018 www.htctu.net

One Site for Free Assistance @ONE: Course on accessibility for online ed Sidekick www.toolsthatinspire.com 12/4/2018 www.htctu.net

Thank you! Gaeir (rhymes with “fire”) Dietrich gdietrich@htctu.net 408-996-6047 For immediate response, please contact our admin assistant, Erika Owens eowens@htctu.net 408-996-4636