1. Legal Mandates for Access
Section 508 Compliance
2017_ICT
Legal Mandates for Access
Gaeir Dietrich  HTCTU Director
12/4/2018
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2. Equal Rights
Protection for individuals with disabilities is part of civil rights
Both state and federal laws apply
12/4/2018

3. 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

4. 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

5. 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

6. 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

7. Excellent Title 5 Resource
Interwork Institute | DSPS Solutions
Title 5 DSPS Regulations and Implementing Guidelines
Gets very specific about what you need to do, why, and how
12/4/2018

8. 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

9. Section 508 Compliance
2017_ICT
Section 504 vs. Section 508
One Act (Rehabilitation Act of 1973, as Amended) Two Laws
12/4/2018
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10. 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
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11. 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
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12. 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
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13. Access vs. Accommodation
12/4/2018

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

15. 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

16. 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

17. 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

18. 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
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19. 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

20. 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
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21. 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
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22. 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.” 22

23. 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

24. 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

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

26. 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)

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

28. 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

29. 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, , phone)
Slide authored by Gaeir Dietrich

30. 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

31. 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.”

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

33. It Can Be Simple! Santa Monica College

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

35. 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

36. Exactly What IS the Standard?
The standard is WCAG 2.0, Level AA
Web Content Accessibility Guidelines
WCAG is from the W3C
World Wide Web Consortium
Web Accessibility Initiative (WAI)
12/4/2018

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

38. 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

39. 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

40. 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

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

42. 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

43. 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

44. 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

45. 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!

46. Working for Campus Accessibility
12/4/2018

47. 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

48. 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!

49. 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…)

50. 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

51. 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

52. 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. 52
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53. 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
12/4/2018

54. 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

55. Universal Design: Inclusion and Access
Universal Design and Student Success
2017
Universal Design: Inclusion and Access
Gaeir Dietrich  HTCTU Director
12/4/2018
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56. 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

57. 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

58. Increasing Usability!

59. 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

60. 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

61. 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

62. 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

63. 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

64. 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

65. 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

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

67. 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

68. 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

69. 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

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

71. 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

72. 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

73. 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

74. What Can You Do? Simple Ideas that You Can Use! 12/4/2018

75. 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

76. 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

77. 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

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

79. 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

80. Others can help!
Resources

81. 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

82. UDL Movement CAST Natl Ctr of Universal Design for Learning
Natl Ctr of Universal Design for Learning
Sonoma State University
Colorado University Boulder

83. Resources WebAIM DO-IT Checklists, step-by-step information
DO-IT
How-tos, videos, general information
Resources to promote access on campus
12/4/2018

84. World Wide Web Consortium
Web Accessibility
2017_ICT
World Wide Web Consortium
W3C
Those who bring you the Web!
Web Content Accessibility Guidelines
Web Accessibility Initiative
12/4/2018

85. Color Contrast Help Color Contrast Analyzer (CCA) http://colorsafe.co
Web Accessibility
2017_ICT
Color Contrast Help
Color Contrast Analyzer (CCA)
Shows colors you can use together
Color Simulators
12/4/2018
Math Accessibility Conference

86. 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
12/4/2018

87. Digital Media DCMP Captioning Key NCAM – STEM WGBH – Web Media
NCAM – STEM
WGBH – Web Media
12/4/2018

88. One Site for Free Assistance
@ONE: Course on accessibility for online ed
Sidekick
12/4/2018

89. Thank you! Gaeir (rhymes with “fire”) Dietrich
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