Strategy for Legal Compliance: Section 504 & 508

Strategy for Legal Compliance: Section 504 & 508
Section 504 & Section 508 August 2013 Strategy for Legal Compliance: Section 504 & 508 Gaeir Dietrich  Director High Tech Center Training Unit of the California Community Colleges 11/26/2018 * Access to IT * Access to IT 1 1 1 1

High Tech Center Training Unit (HTCTU)
Section 504 & Section 508 August 2013 High Tech Center Training Unit (HTCTU) Grant Program Funded by the California Community Colleges Chancellor’s Office Located at De Anza College in Cupertino, California Free training and information on using technology to assist students with disabilities * Access to IT * Access to IT 2 2 2 2

Why Consider Accessibility?
Equal rights Requiring use of inaccessible technology is discrimination Campus diversity Students with disabilities are part of a rich, multicultural environment Better pedagogy Teaching practices that acknowledge learning differences benefit all students

Emerging Technologies and the Issue of Access
It’s new and cool…but is it accessible?

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.” 5

The Kindle Complaint Kindle DX was part of a pilot study
Arizona State University and Amazon.com Was required device in classes piloting it ASU’s intention was to test the device with the hope of adopting it campuswide Device was to be issued to students with all textbooks 6

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 7

The Kindle Letter Reminds Us…
Opportunity to participate must be equal Opportunity to achieve must be equal Services offered must be as effective Services should be equally integrated Should allow for independence and self-sufficiency 8

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

Potential Areas of Inequality
Learning management systems Distance ed courses Software in campus labs Online books OER materials 10

Understanding the Framework
Legal Background Understanding the Framework 11/26/2018

Various Laws Apply ADA (Americans with Disabilities Act)
Title II (public colleges/universities) Title III (private colleges/universities) Rehabilitation Act Section 504 Section 508 State laws Title 5, SB 105, AB 422, etc. 11/26/2018 12

Focus on Two Both from Rehabilitation Act of 1973, as Amended
Section 504 Applies due to federal law Applies to all colleges that accept federal funds Section 508 Applies due to state law (SB 105) Applies to all state entities—including CCCs

Section 504 Accommodation model
Auxiliary aids and services are provided to allow full participation by disabled student Accommodation model i.e., if it doesn’t work for a student fix it for that student 11/26/2018

Section 508 Applies to all Electronic and Information Technology (E&IT) AKA Information and Communication Technology (ICT) Access model

Section 504 & Section 508 August 2013 Section 504 vs. Section 508 One Act (Rehabilitation Act of 1973, as Amended) Two Laws 11/26/2018 * Access to IT * Access to IT 16 16 16

Section 504 & Section 508 August 2013 Section 504 vs. Section 508 Section 504 addresses individuals’ needs for auxiliary aids and services (accommodations). Section 508 addresses the infrastructure that allows access. 11/26/2018 * Access to IT * Access to IT 17 17 17 17 17

Rehabilitation Act of 1973 Section 504 is about accommodation.
Section 504 & Section 508 August 2013 Rehabilitation Act of 1973 Section 504 is about accommodation. Making it work for individuals Disability service offices (DSPS) created to serve students’ needs Section 508 is about access. Create accessible software, Web sites, videos, and documents Purchase accessible products Campuswide responsibility 11/26/2018 * Access to IT * Access to IT 18 18 18 18 18

A Campus Analogy Section 504 Section 508
August 2013 A Campus Analogy Section 504 Deaf student requests that videos for her class be captioned Section 508 New videos must be captioned before being shown in the classroom for the first time 11/26/2018 * Access to IT * Access to IT 19 19 19 19 19

Comparison Section 504 Section 508 Accommodation
August 2013 Comparison Section 504 Accommodation Based on disabled person’s request and preference 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 purchases are affected for entire campus—students, staff, and faculty Ends where 504 begins 11/26/2018 * Access to IT * Access to IT 20 20 20

United We Stand Access and accommodation work together
Section 504 & Section 508 August 2013 United We Stand Access and accommodation work together It’s a continuum Not fully accessible? Accommodate. But beware… Some technology cannot be accommodated! 11/26/2018 * Access to IT * Access to IT 21 21 21 21

Access vs. Accommodation
11/26/2018

Section 504 & Section 508 August 2013 Working Together The campus buys accessible products/creates accessible media Individual accommodations may still be required However, an accessible infrastructure will make providing accommodations far less difficult and expensive! 11/26/2018 * Access to IT * Access to IT 23 23 23 23

One Example Provide free AT in all campus labs
Balabolka / Natural Reader (document access, TTS) NVDA (free screen reader) Provide more sophisticated solutions upon request Install JAWS as needed/when requested

Section 504 & Section 508 August 2013 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 11/26/2018 * Access to IT * Access to IT 25 25 25

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! 11/26/2018

Example PDFs for a DE class with access limited to class participants
Section 504 & Section 508 August 2013 Example PDFs for a DE class with access limited to class participants Text-based Recommend including alt text Add tags and reading order upon request PDFs available to the general public Greater level of access 11/26/2018 * Access to IT * Access to IT 27 27 27

Section 504 & Section 508 August 2013 And Remember Do not require technology (software or hardware) of all students that cannot be accommodated! The lesson of the “Kindle Letter” In other words, if it is impossible to make the technology equally as effective for *all* students, do not require it of all students. 11/26/2018 * Access to IT * Access to IT 28 28 28

AND Also Remember that compliance is a campus responsibility
DSPS helps but cannot completely fulfill your legal requirement AND…when DSPS runs out of money, accommodations will come out of the general fund!

Dollars and Sense So how do we make accommodation cost less?
Buy Accessible!

How Section 508 Helps with Compliance
Technology and Information That Everyone Can Use!

Access is Multifaceted
Hardware must be accessible Software must be accessible Content loaded into software must be accessible

Standards Apply Section 508 standards apply to the college
As purchaser As creator Applies to Electronic and Information Technology (E&IT), aka Information & Communication Tech (ICT)

Section 508 in Action Make Web sites accessible
Section 504 & Section 508 August 2013 Section 508 in Action Make Web sites accessible Follow the 508 or WCAG Standards Make media posted to Web sites & LMS accessible Make software created by institution accessible Make videos accessible Purchase accessible technology 11/26/2018 * Access to IT * Access to IT 34 34 34

Content vs. Container Academic freedom is about the content.
Section 504 & Section 508 August 2013 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. 35 * Access to IT * Access to IT 35 35 35 35

Purchasing Electronic and Information Technology
Section 504 & Section 508 August 2013 Purchasing Electronic and Information Technology E&IT 11/26/2018 * Access to IT * Access to IT 36 36 36 36

Complying with Section 508
Section 504 & Section 508 August 2013 Complying with Section 508 Applies ONLY to electronic and information technology (E&IT) Two types of E&IT standards Standards for creating Web pages Web applications Software Standards for purchasing 11/26/2018 * Access to IT * Access to IT 37 37 37

Categories of E&IT Software applications and operating systems
Section 504 & Section 508 August 2013 Categories of E&IT Software applications and operating systems Web-based information and applications Telecommunications products Video and multimedia products Self-contained, closed products (e.g., many office products, kiosks) Desktop and portable computers 11/26/2018 * Access to IT * Access to IT 38 38 38 38

Examples of E&IT under 508 Fax Machines Scanners Printers Copiers PDAs
Section 504 & Section 508 August 2013 Examples of E&IT under 508 Fax Machines Scanners Printers Copiers PDAs Computers Computer software Computer operating systems Phones Information kiosks ATMs Multimedia Videos World Wide Web 11/26/2018 * Access to IT * Access to IT 39 39 39 39

Not E&IT under 508 Microwaves (unless it sends faxes, too)
Section 504 & Section 508 August 2013 Not E&IT under 508 Microwaves (unless it sends faxes, too) Coffee makers Heating and ventilation systems Thermostats Tables, desks, and chairs 11/26/2018 * Access to IT * Access to IT 40 40 40 40

The Gray Area “Back office” E&IT is exempted
Section 504 & Section 508 August 2013 The Gray Area “Back office” E&IT is exempted Must literally be somewhere that people do not go all the time Applies to equipment that only technicians interact with 11/26/2018 * Access to IT * Access to IT 41 41 41 41

Reminder Section 508 does not just apply to students
Section 504 & Section 508 August 2013 Reminder Section 508 does not just apply to students Applies to *all* E&IT purchases The campus is also required to ensure access for employees 11/26/2018 * Access to IT * Access to IT 42 42 42

Buying Accessible Section 508 purchasing
Section 504 & Section 508 August 2013 Buying Accessible Section 508 purchasing Buy the most accessible product that you can that meets your business and academic needs Compare and contrast models/software etc. and purchase the most accessible one When it’s not accessible, plan for accommodation 11/26/2018 * Access to IT * Access to IT 43 43 43 43

Purchasing Procedures under Section 508
Section 504 & Section 508 August 2013 Purchasing Procedures under Section 508 The Process 11/26/2018 * Access to IT * Access to IT 44 44 44 44

Section 504 & Section 508 August 2013 Considerations Functional requirements drive the procurement, not Section 508. First determine your business/academic needs. Then consider accessibility under the Section 508 Standards. 11/26/2018 * Access to IT * Access to IT 45 45 45 45

The Process Figure out as specifically as possible what you need.
Section 504 & Section 508 August 2013 The Process Figure out as specifically as possible what you need. Do market research. Do accessibility research. Section 508 Subpart B standards. Use VPATs and/or a checklist. In some cases, may need to do testing (508 Standards, Subpart C). Pick the most accessible product that meets your needs. 11/26/2018 * Access to IT * Access to IT 46 46 46 46

Section 504 & Section 508 August 2013 Developing a Model It is essential to piggy-back buying accessible on current workflows IT, DSPS, and procurement must all have their needs met in process Forms must be developed All participants must be trained * Access to IT * Access to IT 47 47 47 47

Step One: Requestor The person/department making the purchase
Section 504 & Section 508 August 2013 Step One: Requestor The person/department making the purchase Writes functional requirements for product Does market research Gets VPATs (Voluntary Product Accessibility Templates) Someone signs off on a checklist and passes to the next person * Access to IT * Access to IT 48 48 48 48

Step Two: Analysis Checks for completeness of packet
Section 504 & Section 508 August 2013 Step Two: Analysis Checks for completeness of packet Analyzes against standards Checks against Subpart B of Section 508 Determines if testing might be needed Contacts vendors as needed—may request additional checklists Determines most accessible product Signs off on packet and moves forward * Access to IT * Access to IT 49 49 49

Step Three: Claiming an Exemption
Section 504 & Section 508 August 2013 Step Three: Claiming an Exemption ONLY one person should have authority to grant exemptions Can grant four possible exemptions Commercial non-availability Fundamental alteration Undue burden Back office * Access to IT * Access to IT 50 50 50

Step Four: Procurement
Section 504 & Section 508 August 2013 Step Four: Procurement Checks completeness of packets Functional criteria VPATs Matrix of scores Accessibility assessment(s) Product choice * Access to IT * Access to IT 51 51 51 51

Step Five: Final Purchase
Section 504 & Section 508 August 2013 Step Five: Final Purchase Final link in the chain Responsible for ensuring that all checklists are present Ensures that checklists have all necessary signatures Makes the purchase * Access to IT * Access to IT 52 52 52 52

Signatories Must be held responsible at each step
Section 504 & Section 508 August 2013 Signatories Must be held responsible at each step The buck stops with whoever is signing off Signatories are legally guaranteeing that all requirements have been met Can later be held accountable in court if necessary * Access to IT * Access to IT 53 53 53

Section 504 & Section 508 August 2013 Be aware! The more people who can sign off, the more training will be required. It’s a trade-off. Limit the granting of exemptions to one person * Access to IT * Access to IT 54 54 54 54

Four Exemptions Fundamental alteration Technical infeasibility
Section 504 & Section 508 August 2013 Four Exemptions Fundamental alteration Product does not do what is required Technical infeasibility Not possible to make it accessible Commercially unavailable It doesn’t exist Undue burden Would have to prove the cost is high enough to cause a fundamental disruption of the organization Burden of proof on defendant 11/26/2018 * Access to IT * Access to IT 55 55 55 55

Section 504 & Section 508 August 2013 Bottom Line Focus on the functional requirements and you won’t have to worry too much about the exemptions If no accessible products meet your functional requirements, you still buy what you need. 11/26/2018 * Access to IT * Access to IT 56 56 56 56

Summary Determine functional requirements
Section 504 & Section 508 August 2013 Summary Determine functional requirements Determine what products are available Pick the most accessible product Consider exemptions if necessary 11/26/2018 * Access to IT * Access to IT 57 57 57 57

Bottom Line 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! 11/26/2018

Creating Accessible Start with the Web!

Creating Accessible Web Pages
Section 504 & Section 508 August 2013 Creating Accessible Web Pages Not difficult or even time-consuming BUT accessibility does need to be included at the design phase! Follow the standards Design access in Think accessible first! Use Web accessibility checkers 60 * Access to IT * Access to IT 60 60 60

Checking Accessibility
HTCTU licenses a checker that is FREE to CCC campuses HiSoftware Compliance Sheriff Please contact Jayme Johnson for more information:

Instructional Materials Online
Section 504 & Section 508 August 2013 Instructional Materials Online All online instructional materials need to be accessible PDFs PowerPoint presentations Podcasts Videos Build accessibility before putting the material online! 62 * Access to IT * Access to IT 62 62 62 62

Three Simple Steps in Word
Use templates and styles Add alt text Picture descriptions Mark the header row in tables THEN make it into a PDF

Accessible PDFs Accessible PDFs are text-based
Section 504 & Section 508 August 2013 Accessible PDFs Accessible PDFs are text-based Not scans or “pictures” of text A PDF based on a well-crafted Word document where styles are used probably does not need to be tagged Include verbiage on campus sites that directs anyone who needs greater accommodation to see your alternate media specialist 64 * Access to IT * Access to IT 64 64 64

Distance Education & LMS Platforms
Section 504 & Section 508 August 2013 Distance Education & LMS Platforms Learning Management Systems (LMS) provide a framework to post Web-based materials, media content, lecture notes, etc. Systems vary in their level of accessibility Access has two parts Is the platform accessible? Is the material loaded into the platform accessible? 65 * Access to IT * Access to IT 65 65 65 65

Videos

Section 504 & Section 508 August 2013 Section 508 on Videos (c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned. 67 * Access to IT * Access to IT 67 67 67 67

Section 504 & Section 508 August 2013 Interpretation Videos must be captioned before they are shown in the classroom for the first time Uncaptioned videos may be purchased and someone (ordering department?) pays to have them captioned Under 508, captioning required whether or not deaf students will be in the class 68 * Access to IT * Access to IT 68 68 68 68

How do we do this? Purchase captioned videos when possible
Section 504 & Section 508 August 2013 How do we do this? Purchase captioned videos when possible Include cost of captioning in budget when purchasing uncaptioned videos Purchasing department usually pays Check with DSPS for vendors 69 * Access to IT * Access to IT 69 69 69 69

A Word about Captions Always done in the language spoken in the video
Section 504 & Section 508 August 2013 A Word about Captions Always done in the language spoken in the video Spanish language videos would be captioned in Spanish, not English Subtitles not the same, but often will do Include all auditory content, not just speech Slamming doors, barking dogs, laughter, etc. are all included in text descriptions 70 * Access to IT * Access to IT 70 70 70

Be Aware Closed captions are turned on and off with a “decoder”
Section 504 & Section 508 August 2013 Be Aware Closed captions are turned on and off with a “decoder” Televisions (since the ‘80s) have decoders built in; not all overhead projectors do Epson, Panasonic, Smart make projectors with decoders External decoders can be purchased 71 * Access to IT * Access to IT 71 71 71 71

Captioning In-depth “Raw footage” exempt Restricted access materials
Section 504 & Section 508 August 2013 Captioning In-depth “Raw footage” exempt Single use, restricted use, not archived Restricted access materials If no users require captions, do not need Transcripts Not sufficient for video (must have synchronized text and video) Fine for audio-only podcasts 72 * Access to IT * Access to IT 72 72 72

Web Casts Can be captioned
Section 504 & Section 508 August 2013 Web Casts Can be captioned In-house or out-sourced When part of an online class, money is available to CCCs! FREE captioning for DE DECT grant 73 * Access to IT * Access to IT 73 73 73

DECT Grant Distance Education Captioning and Transciption grant
Section 504 & Section 508 August 2013 DECT Grant Distance Education Captioning and Transciption grant All online or hybrid classes Pre-approved vendors mean no money up front! Free to CCC campuses! Video and audio-only covered 74 * Access to IT * Access to IT 74 74 74

You Tube Yes, can be captioned
Section 504 & Section 508 August 2013 You Tube Yes, can be captioned May not need permission if you simply stream words at the same time as the video Uncertain at this time If it is a single-use, accommodate as necessary, rather than providing access 75 * Access to IT * Access to IT 75 75 75

Podcasts Audio only Audio and video A transcript is all that is needed
Section 504 & Section 508 August 2013 Podcasts Audio only A transcript is all that is needed Audio and video Synchronized captions required if it is public access Accommodation can be provided on request if it is a restricted audience (i.e., locked inside LMS) 76 * Access to IT * Access to IT 76 76 76

Audio Description 508 does require it
Can be technically very challenging However, only needed in order to make content clear Can potentially be handled by other means 77

Section 504 & Section 508 We can help!
August 2013 To Learn More We can help! 11/26/2018 * Access to IT * Access to IT 78 78 78

Trainings Web accessibility PDF accessibility PowerPoint accessibility
Creating accessible forms Web captioning Small mobile devices Section 508 trainings Any length and focus—an hour to a full day 11/26/2018

Questions? More training?
Section 504 & Section 508 August 2013 Questions? More training? Gaeir (rhymes with “fire”) Dietrich AND…look for the Sidekick launch coming soon! 11/26/2018 * Access to IT * Access to IT 80 80 80 80

Strategy for Legal Compliance: Section 504 & 508

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