The landscape of web accessibility in higher education: What you need to know now Cyndi Rowland, Ph.D.

For today’s brief time Criticality of web accessibility for students, faculty, and staff with disabilities The legal landscape A roadmap to follow Final thoughts – motivation will be your key to success.

Criticality of Web Accessibility You Tube: To Care and Comply (Portland Community College)

If it is inaccessible . . . Students can’t Faculty and staff can’t participate with learning content at the same time as their peers engage in discussions, assignments, or tests with others (intended pedagogy) be included in social or political aspects of campus and the community at the same level Faculty and staff can’t do their jobs in a timely way engage in the full range of benefits as employees All groups have Lost an opportunity to be independent May choose to not engage – limiting the institutions diversity potential

Starter Poll Question #1: Which arguments would help YOU make accessibility changes in what YOU do? It’s the right thing to do – The Ethical / moral arguments It’s the smart thing to do – economic or learning outcome arguments It’s the law - Legal arguments

Digital Access is a Civil Rights Issue Those with disabilities are making complaints under discrimination clauses

From Section 504 of the Rehabilitation Act “ no otherwise qualified individual with a disability in the United States… shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . .” (29 U.S.C. Section 794)

Laws pertaining to education Rehabilitation Act (i.e., Sections 504) American’s with Disabilities Act (ADA) Some State laws International laws (i.e., country specific; UNCRPD)

Why the technical specification of Section 508 is important Two Important Notes Why the technical specification of Section 508 is important What about the ADA – I’m hearing that DOJ won’t promulgate a rule here?

Why the civil rights complaints? The laws, and the delays in action Laws were clarified and standards delivered in 2001

In the past few years In the past 2 years alone more than 360 higher education complaints have been filed with U.S. Department of Education Office of Civil Rights (OCR) because of inaccessible information technology by students, faculty, and staff. More than 40 lawsuits created formal responses by each institution because of inaccessible information technologies The emergence of civil rights vigilantes engaged in “Browse-by” complaints One woman in Franklin Michigan has launched nearly 500 OCR complaints across K-20 in the past couple of years by putting sites through automated checkers many days a week.

Cost of litigation Case study showed the institution paid nearly a million dollars in out-of-pocket costs

Legal Issues Timeliness Effective communication Reasonableness of accommodation Affirmative obligation

What to do? ACT

7 Common elements found in OCR settlements / reviews / litigation Designate a person responsible to coordinate IT accessibility Develop both a “Corrective Action Plan” (remediation) and a “Plan for new Content” (implementation) Define a policy specific to IT accessibility Provide a public link to an Accessibility page and define a process for website complaints/feedback; some require this on all pages (i.e., in the footer) Seek ongoing input from users with disabilities Define a process for evaluating accessibility as part of the procurement process Perform a technology audit for student and public-facing solutions (when employees begin making complaints under ADA, this may also extend to institutional intranets)

Poll Question #2: Which of the 7 do you think would be most difficult for your institution? Getting an accessibility Coordinator Developing plans for accessible content Developing policy Giving the public links about your accessibility work and where to share a complaint Getting input from users Adding accessibility into procurement Performing an audit

Context – the field Indicators and Benchmarks of institutions that achieve and sustain web accessibility Administrative commitment and leadership Policy and implementation planning Resources and supports Systems for assessment and monitoring

Context – the field Indicators and Benchmarks of institutions that achieve and sustain web accessibility Administrative commitment and leadership Policy and implementation planning Resources and supports Systems for assessment and monitoring

Typical Components of Institutional Policy on Web Accessibility Summary statement of the policy Effective dates Scope of the policy A technical standard A provision for procurement Consequences for non-conformance to the policy Mechanisms for ongoing review

Typical Components of Web Accessibility Implementation Plan Executive summary of the plan Provisions to Gather baseline information and benchmarking Identify existing institutional challenges and risks Identify existing institutional priorities and opportunities Communication and marketing plans Provision to allocate budget and resources

Typical Components of Web Accessibility Implementation Plan Milestones and measurable steps, including dates persons, and activities Education and support plans for those who will accomplish web accessibility (i.e., staff, faculty, and students) Responsibilities (i.e., administration, Accessibility Committee, procurement, HR, faculty, staff) Plan to obtain and use feedback Strategy to evaluate and revise the plan in an ongoing way

Support for YOUR efforts Models DO exist http://ncdae.org/goals/ http://www.washington.edu/accessibility/requirements/example-policies/

Support for YOUR efforts Consultants are everywhere Examples include AMAC, NCDAE, & WebAIM

Poll Question #2: Which argument would help others ACT at your institution (colleagues and administration) It’s the right thing It’s the smart thing It’s the law

Motivational approaches matter What looks like a people problem is often a situation What looks like laziness is often exhaustion What looks like resistance is often a lack of clarity

Motivational approaches matter

Cyndi.Rowland@usu.edu 435-797-3381 Contact me anytime Cyndi.Rowland@usu.edu 435-797-3381