1. Web Accessibility Deborah Buck, Executive Director Association of Assistive Technology Act Programs (ATAP) June 2005

2. Web Accessibility WHY WHY Customer Driven- beyond people with disabilities Customer Driven- beyond people with disabilities Legal Requirements Legal Requirements How How Learning From Others Learning From Others Making It Work For You Making It Work For You

3. Expanding Customer Base Old, Young, In The Middle, Multi-Lingual, Rich, Poor, Color Blind Aging - 1/3 of those over 65 have a chronic condition Aging - 1/3 of those over 65 have a chronic condition Color Blind - 1 in 20 white males are color blind Color Blind - 1 in 20 white males are color blind English as a second language English as a second language Example: 25% of NY state’s population & 50% of NYC’s population speak another language at home Example: 25% of NY state’s population & 50% of NYC’s population speak another language at home

4. 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

5. Public Sector Workforce 15-29% of employees will be eligible to retire in the next 5 years. 15-29% of employees will be eligible to retire in the next 5 years. More than 50% of executive level & More than 50% of executive level & 30% of mid-level managers will be eligible to retire by 2005.

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

7. Generation Y, D or Echo Boomers Born during a baby bulge between 1979 and 1994 Born during a baby bulge between 1979 and 1994 As young as 10 and as old as 25 As young as 10 and as old as 25 60 million strong 60 million strong More than three times the size of Generation X More than three times the size of Generation X The biggest thing to hit the American scene since the 72 million baby boomers The biggest thing to hit the American scene since the 72 million baby boomers IPods, BlackBerrys, IM IPods, BlackBerrys, IM ''If a company can't communicate via E-mail,'' …''the attitude is 'What's wrong with you?''' ''If a company can't communicate via E-mail,'' …''the attitude is 'What's wrong with you?''' Source: Business Week February 15, 1999 Generation Y - Today's teens--the biggest bulge since the boomers--may force marketers to toss their old tricks

8. Web Access In 2003, many 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 In 2003, many 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 - to get information, ask a question or express an opinion Why - to get information, ask a question or express an opinion The project found: The project found: Among Internet users, 30 percent said they used e-mail or the Internet to try to change a government policy or influence a politician's vote. Among Internet users, 30 percent said they used e-mail or the Internet to try to change a government policy or influence a politician's vote. 41 percent of users did research involving official government statistics or documents online. 41 percent of users did research involving official government statistics or documents online. 27 percent of Internet users sent an e-mail to the federal, state or local government. 27 percent of Internet users sent an e-mail to the federal, state or local government. 23 percent of Internet users got information or applied for government benefits online. 23 percent of Internet users got information or applied for government benefits online. In 2003, more Americans (nearly 80% - 97 million Americans) went online for state, local or federal information than the previous year and a 50 percent jump from 2002. Purpose – To get information, ask a question or express an opinion. But. the old-fashion telephone and face-to-face visits still ranks supreme for many people who want information from their government

9. The Web …not the only way. People want multiple means when they want or need to turn to the government. People want multiple means 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. The old-fashion telephone and face-to-face visits still rank supreme for many people who want information from their government. While more than one-third would opt to click on a Web site to contact the federal government. While more than one-third would opt to click on a Web site to contact the federal government. A slight majority (51 percent) would rather phone or make a personal visit than go online to contact state governments A 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. 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. Main reason for the difference…it may be easier for people to swing by city hall rather than go online. Pew Internet & American Life Project http://www.pewinternet.org/reports/pdfs/PIP_E-Gov_Report_0504.pdf

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

11. Laws & Access Americans With Disabilities Act Americans With Disabilities Act Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 Section 508 of the ADA Section 508 of the ADA Title V Miscellaneous Provisions Title V Miscellaneous Provisions Section 508 of the Rehabilitation Act of 1973 Section 508 of the Rehabilitation Act of 1973 Legal Requirements Legal Requirements Standards Standards Assistive Technology Act of 1998, as amended Assistive Technology Act of 1998, as amended World Wide Web Consortium (W3C)- World Wide Web Consortium (W3C)- Web Content Accessibility Guidelines (WCAG) Web Content Accessibility Guidelines (WCAG)

12. Americans With Disabilities Act Addresses responsibility of employers, state and local governments and providers of public accommodations (business and service providers) 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. 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.

13. DOJ Guidance Document Accessibility of State and Local Government Websites to People with Disabilities http://www.ada.gov/websites2.htm One way to meet the requirements of the ADA is to ensure that government websites have accessible features for 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. May also meet legal obligations by providing an alternative accessible way for citizens to use the programs or services. Example: Staffed telephone information line 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 Question: Will these alternatives provide an equal degree of access in terms of hours of operation and the range of options and programs available

14. ADA Intent of the ADA to ensure access Intent of the ADA to ensure access Unlike architectural accessibility (ADAG Standards) there are no ADA standards for web or IT accessibility. Unlike architectural accessibility (ADAG Standards) there are no ADA standards for web or IT accessibility. Marketing or assurances to make your site “ADA compliant”. 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 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. 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. 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.

15. Section 504 of the Rehabilitation Act of 1973 Section 504 applies to any entity that receives federal dollars Section 504 applies to any entity that receives federal dollars Obligated to practice non-discrimination, provide program accessibility and reasonable accommodations Obligated to practice non-discrimination, provide program accessibility and reasonable accommodations

16. Section 508 of the ADA….. RED Flag RED Flag Section 508 of the ADA - Title V Miscellaneous Provisions of the ADA Section 508 of the ADA - Title V Miscellaneous Provisions of the ADA Clarifies that the term “disabled” or “disability” as used in the ADA Clarifies that the term “disabled” or “disability” as used in the ADA Clarifies that the ADA does not apply to an individual solely because that individual is a transvestite. Clarifies that the ADA does not apply to an individual solely because that individual is a transvestite.

17. 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.

18. 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 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. To increase access for people with disabilities to products where it is impossible to attach assistive technology.

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

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

21. Who is Required to Comply with §508? Only Federal agencies are required to adhere to the standards. Only Federal agencies are required to adhere to the standards. Model for others- Not a Mandate Model for others- Not a Mandate The Access Board hopes that the 508 requirements will serve as a model for others to follow. 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. 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.

22. Exception… AT Act of 1998, as amended Activities carried out in the State that are, 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) 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 108-364 [SEC. 4(d)(6)(G)]

23. Providing Accessibility 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?

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

25. Universal Design Concept originated in field of architecture 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. 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 “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 No Standards

26. What is Everyone Else Doing???

27. State of the States States have policies & laws relative to web access and E&IT States have policies & laws relative to web access and E&IT ITTATC links to state laws and policies ITTATC links to state laws and policies http://www.ittatc.org/laws/stateLawAtGlance.php

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

29. States with IT Accessibility… Executive Orders CIO Office Policy for Accessibility Standards MassachusettsMaineWisconsin OregonGeorgia

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

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

32. Learning From Others Developing & Implementing a Web Access Policy

33. Patterns & Considerations How How State statutes, Local resolutions, technical architecture, policies, State statutes, Local resolutions, technical architecture, policies, Adopt §508 in full or state control Adopt §508 in full or state control Beneficiaries Beneficiaries Focus on people with visual disabilities – Non Visual Access Focus on people with visual disabilities – Non Visual Access All people with disabilities All people with disabilities Accommodation vs. E&IT Infrastructure Accessibility Accommodation vs. E&IT Infrastructure Accessibility

34. Procurement & In-House Development Procurement & In-House Development Implementation Implementation No responsibility for implementation No responsibility for implementation Entity given authority to implement may not have authority over covered entities making enforcement a challenge. Entity given authority to implement may not have authority over covered entities making enforcement a challenge. Effective Dates Effective Dates Deadline for completion Deadline for completion Full force and effect immediately or phase-in – liability Full force and effect immediately or phase-in – liability Scope of Applicability - Varies by state to state- covered entities may be extended by policies Scope of Applicability - Varies by state to state- covered entities may be extended by policies State governmental entities State governmental entities Schools and Universities Schools and Universities Not-for-profit organizations Not-for-profit organizations

35. Vendor Clause/Technology Access Clause Vendor Clause/Technology Access Clause Some laws require non-visual access clause for contracts, vendor assures product is accessible. Some laws require non-visual access clause for contracts, vendor assures product is accessible. 5% Rule 5% Rule Complaint Options Complaint Options Some states complaint processes are limited to getting an injunction; others allow civil action Some states complaint processes are limited to getting an injunction; others allow civil action

36. Unfunded Mandates?? Unfunded Mandates?? Requirement follows the dollar in some states. Requirement follows the dollar in some states. Entities supported in whole or part by the state required to comply. Entities supported in whole or part by the state required to comply. Efforts and ability to enforce are unclear Efforts and ability to enforce are unclear Standards Standards States have specifically adopted §508 standards or descriptive standards based on §508 States have specifically adopted §508 standards or descriptive standards based on §508 Universal Access Universal Access Functional Performance Standards Functional Performance Standards Exemptions/No exemptions Exemptions/No exemptions No exemptions No exemptions All the federal exemptions All the federal exemptions

37. Tools to Help Web Access Policy & Standards Construction Tool Web Access Policy & Standards Construction Tool http://www.ittatc.org/state/policy/

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

39. Contact Information _______________ Deborah Buck Executive Director, ATAP dbuck@nycap.rr.com518.439.1263