Web Accessibility Employment and Disability Institute Deborah Buck, Executive Director Association of Assistive Technology Act Programs (ATAP) June 2005

Web Accessibility WHY –Legal Requirements How –Learning From Others –Making It Work For You

DATA: ROCKEFELLAR INSTITUTE OF NEW YORK, STATE UNIVERSITY OF NEW YORK PERCENT OF WORKERS BY AGE GROUP ►More than 50% of state employees are 45 or older  15% are 55 or older ►Comparatively, more than 50% of the private sector workforce is under 35

Plus…… Mobile technology users The Digital Generation –Generation Y, Echo Boomers, Generation D Early adopters with high expectations Expect robust products and applications

In 2003, more Americans (nearly 80% or 97 Million) went online for state, local or federal information than the previous year, a 50 percent jump from 2002 Why use internet or ? To get information, ask a question or express an opinion 30% used it to try and change a government policy or influence a politician's vote. 41% used it for research involving official government statistics or documents online. 27% used it to contact the federal, state or local government. 23% used it to get information or apply for government benefits online. Pew Internet & American Life Project

The Web …not the only way People want options when they want or need to turn to the government. The old-fashion telephone and face-to-face visits still rank supreme for many people who want information from their government. –More 1/3 would opt to click on a Web site to contact the federal government. –Slight majority (51 percent) would rather phone or make a personal visit than go online to contact state governments –Even more (65 percent) prefer to visit or call to get information from local government than go online. Main reason for the difference…it may be easier for people to swing by city hall rather than go online.

Is An Accessible Web the Answer? Part of the Answer ADA, §504, §508 Accessible Equipment and Technology used in the work and service environment Training Good Business Practices

Laws & Access Americans With Disabilities Act (Public Law ) Section 504 of the Rehabilitation Act of 1973 (PL ) Section 508 of the ADA (PL ) Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Investment Act of 1998 (PL ) Assistive Technology Act of 1998, as amended (PL ) World Wide Web Consortium (W3C) –Web Content Accessibility Guidelines (WCAG)

Americans With Disabilities Act Addresses responsibility of employers, state and local governments and providers of public accommodations (business and service providers) Requires that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.

DOJ Guidance Document Accessibility of State and Local Government Websites to People with Disabilities One way to meet the requirements of the ADA is to ensure that government websites have accessible features for people with disabilities. May also meet legal obligations by providing an alternative accessible way for citizens to use the programs or services. –Example: Staffed telephone information line –Question: Will these alternatives provide an equal degree of access in terms of hours of operation and the range of options and programs available

ADA Intent of the ADA to ensure access Unlike architectural accessibility (ADAG Standards) there are no ADA standards for web or IT accessibility. –Marketing or assurances to make your site “ADA compliant”. Two generally accepted standards and guidelines for Web Access in the US- neither required by the ADA –An entity could choose to use the 508 standards or use the guidelines issued by the W3C. Even if you adopt one of these standards for web accessibility, it does not absolve an entity of their responsibility under the ADA- to provide individual accommodation to participate in a program or as an employee.

Section 504 of the Rehabilitation Act of 1973 Section 504 applies to any entity that receives federal dollars Obligated to practice non-discrimination, provide program accessibility and reasonable accommodations [ 29 U.S.C. §794]

Section 508 of the ADA….. RED Flag Clarifies who is considered “disabled” under the ADA Americans with Disabilities Act (PL ) –Title V Miscellaneous Provisions –SEC TRANSVESTITES. For the purposes of this Act, the term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite. Nothing to do with information technology accessibility!

Section 508 of the Rehabilitation Act of 1973 Electronic and Information Technology (E&IT) Section 508 of the Rehabilitation Act requires that all electronic and information technology purchased, maintained, or used by the Federal government be readily accessible to and usable by individuals with disabilities.

What is the goal of 508? 508 legislation and the implementing requirements issued by the US Access Board’s are using the buying power of the Federal Government to create a shift in the Governments information technology architecture. –To promote better access to information technology for people relying on assistive technology. –To increase access for people with disabilities to products where it is impossible to attach assistive technology.

Section 508 E&IT Standards Includes, but is not limited to … Software applications and operating systems Web-based intranet and internet information and applications Telecommunications products (telephones, Fax) Video and multimedia products Self contained, closed products (ATM, kiosks) Desktop and portable computers [29 U.S.C. 794d]

Who is Required to Comply with §508? Only Federal agencies are required to adhere to the standards. Model for others- Not a Mandate –The Access Board hopes that the 508 requirements will serve as a model for others to follow. –However, if several nonfederal government entities develop requirements that are substantially different from 508, Industry will have to product several versions of a given product likely resulting in higher prices, and poorer access for every one.

Exception… AT Act of 1998, as amended Activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d) Public Law [SEC. 4(d)(6)(G)]

Section 508- Comparison with ADA & 504 Compliance with §508 is not required by ADA Similarities of §504 and §508 –Both amendments to the Rehabilitation Act of 1973 –Both affect people with disabilities Differences of §504 and §508 –Recipients of Federal funds must follow the mandates of § 504 of the Rehabilitation Act –Recipients of Federal funds are not required to comply with §508 unless a federal agency or department specifically requires conformance

Providing Accessibility – The Big Picture Built-In Access Accessibility built-in at the front Reduces the disparity of access Section 508- access and interoperable Add-On Accessibility Alternate Formats (Braille, Large Print, Audio Tape, Disk) Staffing- readers, etc. Front End or Retro Fit?

Web Accessibility Standards & Guidelines World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) Section 508 Standards –Modeled on W3C Guidelines –Required Use by Federal Agencies

Universal Design Concept originated in field of architecture Term has grown. Often applied to other fields including product design, computer technology, electronics, telecommunications, classroom instruction and workplace design. “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 founder of the Center on Universal Design at North Carolina State University No Standards

What is Everyone Else Doing???

State of the States States have policies & laws relative to web access and E&IT ITTATC links to state laws and policies

States with “508-like” Legislation ArizonaArkansas California ColoradoIndianaKentucky LouisianaMarylandMinnesota MissouriMontanaNebraska N. CarolinaOklahomaTexas Virginia W. Virginia

States with IT Accessibility… Executive OrdersCIO Office Policy for Accessibility Standards MassachusettsMaineWisconsin OregonGeorgia

Web Access Options for standards –§508 –W3C –Hybrid What is a hybrid & why did some states do hybrids? Response to state hybrids

Auto Adoption of §508 or W3C Pros & Cons Pros –Success in effecting change at state level – may expedite adoption –Consistency –Product Support- validation tools But… Cons –No control over changes –If changes occur will implementers have the knowledge, skills, abilities and tools to conform?

Learning From Others… Developing & Implementing a Web Access Policy

Patterns & Considerations How –State statutes, Local resolutions, technical architecture, policies, Adopt §508 in full or maintain state control Standards –States have specifically adopted §508 standards or descriptive standards based on §508 –Universal Access –Functional Performance Standards

Patterns & Considerations Accommodation vs. E&IT Infrastructure Accessibility Exemptions/No exemptions –No exemptions –All the federal exemptions Undue Burden Fundamental Alteration Commercial Non Availability

Beneficiaries –Focus on people with visual disabilities – Non Visual Access –All people with disabilities Implementation –No responsibility for implementation –Entity given authority to implement may not have authority over covered entities making enforcement a challenge. –Effective Dates Deadline for completion Full force and effect immediately or phase-in – liability Patterns & Considerations

Scope of Applicability - Varies by state to state- covered entities may be extended by policies –State governmental entities –Schools and Universities –Not-for-profit organizations Unfunded Mandates?? –Requirement follows the dollar in some states. –Entities supported in whole or part by the state required to comply. –Efforts and ability to enforce are unclear

Procurement & In-House Development –Vendor Clause/Technology Access Clause Some laws require non-visual access clause for contracts, vendor assures product is accessible. Sign-Off Form Voluntary Product Accessibility Template (VPAT) –5% Rule Complaint Options –Administrative complaint processes –Limited to getting an injunction –Civil action Patterns & Considerations

Tools to Help Web Access Policy & Standards Construction Tool

Policy Development Purpose Policy Statement Scope Compliance Requirements Procurement Testing and Validation Monitoring Designated Individuals Complaint Process Adoption & Implementation Terms & Definitions

Contact Information ___________________ Deborah Buck Executive Director, ATAP