1. Kristi Harris U.S. Department of Education Office for Civil Rights Korey Singleton George Mason University Bisi Ladeji Okubadejo Ballard Spahr LLP © All rights reserved

2. What is the issue? What is EIT “in-accessibility”? How does this fit in with Section 504 and the ADA? What does the government look for during an accessibility review? How have schools addressed the issue? The GMU model What are some best practices? What are recommended first steps an institution should take to address EIT accessibility? Agenda

4. Increasing numbers of students with disabilities entering IHE Greater implementation of online/e-learning technologies in higher education classrooms (online and F2F) Growth in distance education offerings by IHE Growing number of legal challenges/findings against IHE by individuals with sensory impairments (visual and/or hearing loss) What We Know...

5. Inaccessible LMS’ and supplemental applications Alternative texts (textbooks) Document accessibility (Word, PPT, PDFs) Captioning for videos Inaccessible library resources (databases, search, print resources) Additional classroom resources (e.g., iClicker, podiums) Inaccessible university websites/web resources ATMs Access to auxiliary offices (financial aid, registrar) Common Issues

6. - What is Assistive Technology? - Demos and Examples (Documents, Websites, and Web-based applications)

7. Definition: Disability-specific devices that allow people to use computers and other technology Alternatives, such as foot pedals, for people who cannot use a computer mouse Screen readers and refreshable braille devices for people who are blind or have other print disabilities Open or closed captioning for people who are deaf Assistive Technology

8. Anatomy of an Accessible Document Document courtesy of Portland Community College: http://www.pcc.edu/resources/instructional- support/access/documents/OnlineAccessibilityHandbook-loRes.pdf 0http://www.pcc.edu/resources/instructional- support/access/documents/OnlineAccessibilityHandbook-loRes.pdf

9. E.g., Navigating a Word Document (a screen reader user’s perspective) Jaws Screen Reader Demo Video courtesy of High Tech Center at Taft College: https://www.youtube.com/watch?v=D8XFkGMF0sw https://www.youtube.com/watch?v=D8XFkGMF0sw

10. E.g., Improving a website using Web Content Accessibility Guidelines (WCAG) 2.0, http://www.w3.org/WAI/demos/bad/ http://www.w3.org/WAI/demos/bad/ Before and After Demo - Websites

11. E.g., Labeling Images/Graphics Graphics should have meaningful labels: Ex: “Photo of Secretary of Education Arne Duncan reading to children at Central Elementary School.” Not: “Photo” The labels can be visible to everyone, or they can be hidden in the programming of the web page. Designer’s choice! Understanding Web Accessibility

12. E.g., Color Contrast Meaningful information should be conveyed through more than just color. For example, “stop” and “go” functions should not be signified solely through the use of green and red buttons. Instead, red buttons should be labeled “stop” and green buttons should be labeled “go.” Understanding Web Accessibility

13. E.g., Keyboard Navigation Users should be able to “tab” through the page and get to all information and functions. Pages should not require users to manipulate a mouse for navigation. Understanding Web Accessibility

14. Web-based Tools – Library Databases (Full-text HTML, ReadSpeaker) Downloadable mp3 file Built-in text-to-speech capability Text Highlighting Ability to translate text Also available as separate PDF

15. Web-based Tools – Films on Demand (Captions and Transcripts) Captions Interactive Transcript Searchable Video Content

16. - Sect. 504 and ADA

17. Applicable laws: Section 504 of the Rehabilitation Act The Americans with Disabilities Act Qualified individuals with disabilities must receive equal access to all of a recipient’s programs, services, and activities. Legal Requirements

18. What is “equal access”? OCR’s guidance on emerging technology sets the standard. “Receive all the educational benefits provided by the technology in an equally effective and equally integrated manner” Must be able to: Acquire the same information, Engage in the same interactions, and Enjoy the same services. Legal Requirements

19. Separate offline access? “An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on accessible website, would be available to people with disabilities 24 hours a day, 7 days a week.” U.S. Department of Justice’s “Accessibility of State and Local Government Websites to People with Disabilities.” (Available at www.ada.gov) www.ada.gov Legal Requirements

20. Regulations Under Section 504 and Title II, recipients and public entities must ensure that qualified persons with disabilities have an equal opportunity to participate in the entities’ programs, services, and activities. Legal Requirements

21. Fundamental Alteration Defense Covered entities do not have to do anything that would fundamentally alter the nature of the program or service they are providing. Ex: U.S. Geological Survey’s topographic maps cannot be reduced to words to make them accessible to people who use screen readers. The very essence of their “mapness” would be destroyed in the process. Legal Requirements

22. Undue burden defense Covered entities do not have to do anything that would impose an undue administrative or financial burden. Ex: It might be an undue burden for a small college to try to meet a blind student’s last-minute request to provide audio-description for an online student film festival. Note: The administrative requirements apply to “undue burden” and “fundamental alteration” here as throughout Section 504 and Title II. Legal Requirements

23. Websites v. distance learning Distance learning: the technology supporting “live” courses should be designed to be adaptable (no need to actually provide real-time captioning, if there’s no student who needs captioning currently enrolled, but educators should be ready to do so if a student with disability joins the class). Websites: all websites should be designed to be accessible to individuals with disabilities. The intersection of websites and distance learning: if an archived course is available online upon demand, then it should be captioned before posting – or the educator should be ready to provide another means of effective communication. Legal Requirements

24. - WCAG 2.0 and Sect. 508

25. Useful guidelines for web accessibility Web Content Accessibility Guidelines (WCAG 2.0) from the World Wide Web Consortium (W3C) Section 508 of the Rehabilitation Act of 1973, as amended in 1998 Useful Guidelines

26. WCAG 2.0 Guidelines Web accessibility initiative of the World Wide Web Consortium “W3C” Public/private consortium, world-wide, of academics, governments, technology industry, and user groups Web Content Accessibility Guidelines Optional for all web developers, including governmental entities www.w3.org/wai Especially: “Evaluating Accessibility” Useful Guidelines

27. Section 508 Only Applies Directly to the Federal Government Federal agencies must comply with the Section 508 standards Others may use the Section 508 standards as guidance, but are not subject to Section 508 itself (except under some state laws) Important: Section 508 does NOT “follow the money” like Section 504. Section 508 Resources: www.section508.gov www.access-board.gov Useful Guidelines

28. - Compliance reviews - Best Practices

29. University of Cincinnati compliance review Youngstown State University compliance review University of Phoenix Governmental Review

30. Based on compilation of findings from settled EITA cases Here’s your roadmap! Establish/update Electronic and Information Technology (EIT) Accessibility Policy Establish/update EIT Grievance/Remediation Process Establish/update Procedures for Procurement Establish EIT Accessibility Training Establish Accessibility Web Portal/Website Hire EIT Accessibility Staff Establish Process for Monitoring EIT Issues EIT Accessibility Audit Institution-specific resolutions (e.g., monetary compensation, department-specific applications/websites, establish non- discrimination policies) Best Practices

31. - Policy & Procurement, IT Accessibility Working Group

32. National cases had Mason equivalents! MyLabs and other supplemental applications Captioning Inaccessible websites/web-based documents DE courses Communication breakdowns Purchasing/procurement issues University’s IT infrastructure was changing Shift away from ‘siloed’ delivery model Enterprise systems overhauled/updated Comparing Mason…

33. Established in/met throughout Spring 2013 and Spring 2014 Stakeholders from Library, UL, ITS, CTFE, DE, Legal, Academic Depts., and CDE Issues and challenges centered on addressing needs of students with sensory impairments At the time (Fall 2012), we had 81 total students with sensory impairments…included 8 incoming blind students (both grad and undergrad) and that total was almost 50/50 in terms of the number of students with vision and/or hearing loss Information available on our website: http://ati.gmu.edu/policy/it- accessibility-working-group/http://ati.gmu.edu/policy/it- accessibility-working-group/ IT Accessibility Working Group (ITAG)

34. Accessibility vs. Accommodation (Medical Model) JIT (Adjuncts) vs. Development Time/Staffing/Costs Inconsistency within and across programs Compliance/Enforcement Costs E-Learning Technology Legal Issues Non-Inclusive Practices/Awareness Procurement Issues Identified by ITAG

35. Improving Student Access in the Classroom Provost’s Letter Established Baseline Design Considerations (captioning, accessible document design) Accessibility reviews for DE courses Improved communications/collaboration Training with Academic Units/Depts./Instructional Designers Accessibility testing of e-learning and IT resources Improving Web Accessibility/Procurement ASRB Changes/Updates Prioritization of websites for accessibility testing Structural Improvements Video management platform Staffing for document accessibility support High Priority/High Impact Recommendations

36. - Communication/Collaboration - Policy Updates

37. Top-down Approach Provost’s letter Meetings with Deans/Directors Identified Accessibility Liaisons for each College/School Emphasis on Strategic Partnerships (Choke Points) Joint meetings with faculty members that will have a student with a sensory impairment in their courses (ATI/Disability Services) Collaboration with ID Team and Office of Distance Education Accessibility training provided for Academic Units c/o Instructional Designers (IDs) Course Portfolio Accessibility Reviews [Pilot Tested – May 2015] Collaboration with Library (AT Labs, e-Reserves, Captioning, Procurement) Accessibility Coordinator position established Streaming Media Policy Improving Communication and Collaboration

38. Policy 1307 – Procurement and/or Development of Administrative Systems/Applications Policy 1307 – Procurement and/or Development of Administrative Systems/Applications Updated in 2012 to reference the Architecture Standards Committee Architectural Standards Review Board ASRB reviews all technology purchases Policy 1308 – Electronic and Information Technology Accessibility Policy 1308 – Electronic and Information Technology Accessibility Updated April 2014 Expanded definition for “electronic and information technology” and whom it applies to Roles and Responsibilities Findings and Recommendations from IT Accessibility Working Group EIT Policy Updates

39. The ASRB is under the Architecture Standards Committee (ASC) and is responsible only for approving the beginning of a given project.Architecture Standards Committee (ASC) Initial review includes an accessibility review by ATI and any other reviews (e.g., IT security, cloud computing, integration, etc.) necessary. At the ASRB’s discretion, changes may be required before approving a project. Projects under the purview…include all requests for new development, installation and/or integration of applications at GMU…includes activities from internal ITS, Mason University offices, mobile apps developed by university faculty and staff, and all software produced by 3 rd party vendors and consultants including pilot projects…committee will not review upgrades, bug fixes, and incremental improvements to existing programs. ATI provides a risk analysis and recommendations for Mason purchaser. Architecture Standards Review Board

40. Lifted the definitions from Penn St. Settlement… Accessibility – “…individuals with disabilities are able to independently acquire the same information, engage in the same interactions, and enjoy the same services within the same timeframe as individuals without disabilities…” Electronic and Information Technology – “…. electronic and information technology includes, but is not limited to, the internet and intranet websites, content delivered in digital form, electronic books and electronic book reading systems, search engines and databases, learning management systems, classroom technology and multimedia, personal response systems(“clickers”), and office equipment such as classroom podiums, copiers and fax machines…” Definitions Matter (Our EITA Policy)…Our EITA Policy

41. Worked with Purchasing, ITS, and Legal to include accessibility language on all purchasing contracts, including eVA purchasing agreements. Sample purchasing agreement language - http://ati.gmu.edu/policy/procurement/ http://ati.gmu.edu/policy/procurement/ Added protection for technology purchases that are not reviewed for accessibility. Purchasing Contract Language

42. - Training Resource Updates

43. Visual: Provide alternative text descriptions for all meaningful graphics (images, charts, graphs, SmartArt, objects) Provide descriptions for videos where visual content is important to understanding subject matter. Use styles in Office documents, headers to mark-up tables or frames (for websites) Choose applications that support keyboard navigation and are compatible with screen readers Hearing: Provide captions for all videos For audio, provide transcripts Cognitive, Neurological: Use consistent navigation, tab order, appropriate language level Baseline Design Considerations for Accessible IT Resources

44. JIT training resource provides faculty/staff with step-by-step instructions on ensuring that their electronic documents/videos are accessible to individuals with disabilities. http://ati.gmu.edu/wp- content/uploads/Guide-to- Creating-Accessible- Electronic-Materials-7-MB- pdf.pdf Guide to Creating Accessible Electronic Materials

45. Sample #1 – GOALS Document

46. Sample #2 – ATI Created

47. Website: http://ati.gmu.eduhttp://ati.gmu.edu Usability-group tested Easier navigation 2 important updates… Updated ATI Website

48. Video Training Library

49. Streamlined Services Request Process

50. - Structural Improvements/Workflow Updates

51. ITU purchased and implemented Kaltura video management platform during Spring/Sum 2014…full implementation Fall 2014/Spring 2015 Solved a number of captioning issues Easy process for addressing last-minute requests Standardized video management process RFP for captioning/transcription vendors with Kaltura partnerships Streamlined workflows/timelines/costs Allowed for scalability Integrates with LMS Captioning Workflow - Kaltura Pilot

52. What the numbers show…

53. Over 180 faculty/staff members have made requests Top 3 Schools/Colleges/Units making requests Volgenau School of Engineering College of Humanities and Social Sciences College of Science Reasons for Request Compliance for DE Course – 70.6% Compliance for F2F Course – <1% Web Compliance – 2.8% Disability Accommodation – 25.5% Who’s Using the Service?

54. University Web Audit (FY14) to prepare for new WMCS Provided accessibility reviews, which were included in University’s web audit Reviewed Priority 1 and Priority 2 websites (over 110 websites) P1: Academics, Admissions, Financial Aid, Student Health, Housing, Visitors, HR P2: Individual College and School websites Page scans 5 levels deep, up to 100 pages Reports provided to Web Developer ATI Web Testing Process Automated testing using AMP Manual testing in-house using Jaws/NVDA Website and Applications Testing

55. University recently selected new WCMS to updated web presence and standardize branding Currently working with ITS and Marketing on incorporating accessibility into design process Websites are currently in same situation that videos were in a few years ago… A few different WCMS’ in place (CommonSpot, WordPress) Some developers use their own WSYIWIG (e.g., Dreamweaver, Nvu) We are properly positioned for growth once WCMS is standardized. Website and Applications Testing cont.…

56. Numbers reflect growth in the following: ASRB Reviews Application reviews outside of the ASRB process (e.g., classroom) Website Reviews (automated) Website Reviews (manual) What the numbers show…

57. Build on Pilots! Web Accessibility Audit (new WCMS!) Office of Distance Education Office Document Accessibility Improve transparency Grievance procedures Continue to improve campus buy-in Look at our data (AT assessments, Captioning/Transcription, Web Accessibility, Accessible Text) Targeted marketing with respect to our services Streamline costs Continue to streamline and drive down per minute captioning/transcription costs ITAG v2.0 Strategies for more inclusive classroom practices (UDL) Identify additional “Choke Points” Build on Accessibility Liaisons Next Steps

59. Identify your team Develop/update accessibility and procurement policies Evaluate website and EIT Prioritize remediation Publish a grievance process Recommended First Steps

60. Bisi Okubadejo, okubadejoo@ballardspahr.com, 410-528- 5532okubadejoo@ballardspahr.com Assistive Technology Initiative, George Mason University, ati@gmu.edu, 703-993-4329ati@gmu.edu Office for Civil Rights, OCR@ed.gov, 1-800-421-3481OCR@ed.gov Federal Relay Service: (800) 877-8339 TTY / ASCII (American Standard Code For Information Interchange); (877) 877-6280 VCO (Voice Carry Over); (877) 877-8982 Speech-to-Speech; (800) 845-6136 Spanish; (866) 377-8642 Voice; (866) 893-8340 TeleBraille; (800) 877-0996 Customer Service (Voice/TTY, ASCII and Spanish) Contact Information