1. Accessibility and the Classroom Nazely Kurkjian State University of New York at Binghamton

2. SWD in Higher Education 11% of students in postsecondary institutions have self-identified as having a disability. U. S. Department of Education, National Center for Education Statistics (2015) https://nces.ed.gov/fastfacts/display.asp?id=60

3. Accessibility: A Growing Concern ●The way that colleges and universities deliver content is changing. ●Students are driving demand for more dynamic content. ●eLearning is presenting new barriers to access for students with disabilities. ●Our technology environments are part of our “place of public accommodation.” Andrew Cioffi - Assistant Director, Office of Disability Services, Suffolk University

4. How SWD Access Digital Realm Andrew Cioffi - Assistant Director, Office of Disability Services, Suffolk University http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the- section-508-standards/section-508-standards Assistive Technology  Screen reader (text-to-speech & navigation)  Assistive listening units Alternative formats  Readable, navigable electronic formats Alternate methods  Captioning  Audio descriptions

5. Some Quick Numbers http://elearningindustry.com/top-10-e-learning-statistics-for-2014-you-need- to-know ●In 2013, nearly half (46%) of college students took at least 1 online course. ●By 2019, half of all college classes will be e-Learning based.

6. Learning Space Access 1.Is the environment accessible? 2.Is the AT compatible with the IT? 3.Does the user have the skills? 4.Have options been identified? Ron Stewart, Association on Higher Education and Disability

7. Considerations Classroom technologies  Podium / Equipment Rack  Display equipment  Clickers  Hearing/Induction Loop Systems  Assistive Listening Devices Learning Management System Video Stream/Classroom Capture Technologies Websites Captioning http://www.washington.edu/accessibility/requirements/legal-cases-by-issue/

8. http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm 2010 ADA Standards

9. Induction Loop Systems

10. Challenges ●Procuring Technologies ○Develop guidelines for procuring equipment, software, etc. ○Ask vendors for VPAT (Voluntary Product Accessibility Template). ●“System Synergy” - Making sure all technical systems work together fluidly. ●Costs

11. Technology Can Be the Barrier or the Solution “Emerging technologies are an educational resource … especially for students with disabilities. Technological innovations have opened a virtual world …. to many individuals with disabilities for whom access to the physical world remains challenging. Ensuring equal access to emerging technology … is a means to the goal of full integration and equal educational opportunity for this nation’s students with disabilities. ….” The Kindle Letter (6/29/10) http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html Paul Grossman, Professor of Disability Law, Hastings College of Law, University of California

12. Disclaimer These materials are provided for informational purposes only and are not to be construed as legal advice. You should seek independent or house counsel to resolve the individualized legal issues that you are responsible for addressing. Further, any policy or procedure additions or revisions should be reviewed by your college’s legal counsel prior to implementation.

13. Legal Landscape ●Rehabilitation Act of 1973 ○Section 504 ○Section 508 ●Americans with Disabilities Act of 1990 ○Title II ○Title III ●NYS IT Accessibility Policy According to DOJ, the ADA covers websites and the Web Content Accessibility Guidelines (WCAG) 2.0 AA are the appropriate standard for both web and mobile. http://lflegal.com/2015/03/legal-update-csun15/

14. SUNY’s Responsibilities ★ SUNY FACT2 Online Accessibility Task Force  Section 508 Compliance  http://commons.suny. edu/fact2onlineacces sibility/ http://commons.suny. edu/fact2onlineacces sibility/ ★ NYS IT Accessibility Policy  Specifically mentions SUNY  http://www.its.ny.go v/policy/2010FAQAc cessibilityComplianc eReportForm.pdf http://www.its.ny.go v/policy/2010FAQAc cessibilityComplianc eReportForm.pdf ★ Federal Laws  Institutional responsibility

15. University of Montana ●OCR response to OCR complaint (2014) ○Alternate format materials ○Learning Management System ○Captions ○Website ○Personal Response Systems ●Two broad definitions: ○Coverage: “electronic and information technology” ○Duty: “equal access” Paul Grossman, Professor of Disability Law, Hastings College of Law, University of California

16. “ The internet and intranet websites content Electronic books and electronic book reading systems Search engines and databases Learning management systems Classroom technology and multimedia Personal response systems (“clickers”) Telecommunications products (such as telephones) Information kiosks, Automated Teller Machines (ATMs) transaction machines Technology support services and related resources Definitions: Electronic & Information Technology U.S. Department of Education, Office of Civil Rights Resolution Agreement at University of Montana (2014)

17. “ “Accessible” means that 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, with substantially equivalent ease of use.” U.S. Department of Education, Office of Civil Rights Resolution Agreement at University of Montana (2014) Definitions: Accessible

18. “ Remedial Actions Accessibility audit Meet accessibility standards of ◇ WCAG 2.0 Level AA ◇ Section 508 ◇ ADA EIT Accessibility Policy Hire or designate staff member with responsibility and commensurate authority to coordinate the University’s EI&T Accessibility Policy and Procedures EIT Accessibility Training Grievance procedure Confidential survey of students with DSS

19. ◇ University of California at Berkeley - Alternate format materials ◇ MIT/Harvard - Webcast captions ◇ Miami University - Websites, Alternate format materials, eLearning platforms, Personal Response Systems, Closed Captioning Lessons from Lawsuits

21. Ways to Be Proactive Cooperative Oversight  Create partnerships with key players on your campus.  Join/Create a committee to oversee the provision of access to members of campus community.  Join list-servs.  Keep up-to-date with disability rights legislation.  Cost-share accessibility. Accessibility is an ongoing process

22. Bottom Line/Takeaways ◇ If a student enrolls with DS, you have to provide equitable access. ◇ Many schools are both proactive and reactive. ◇ You can be reactive, but if you haven’t planned ahead, you have to quickly be able to provide meaningful, timely, and equal access. ◇ We should do everything that is feasible to make programs and services accessible out of the box and be able to quickly address items, functions, and activities that aren’t. Have a plan!!!

23. Questions, Comments, Discussion

24. Resources ●SUNY Fact2 Online Accessibility Task Group: http://commons.suny.edu/fact2onlineaccessibility/ http://commons.suny.edu/fact2onlineaccessibility/ ●Section 508 Standards: http://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-section-508-standards/section-508-standardshttp://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-section-508-standards/section-508-standards ●508 Accessibility CheckList: http://www.hhs.gov/web/508/accessiblefiles/checklists.htmlhttp://www.hhs.gov/web/508/accessiblefiles/checklists.html ●New York State Information Technology Policy: http://www.its.ny.gov/policy/2010FAQAccessibilityComplianceReportForm.pdf http://www.its.ny.gov/policy/2010FAQAccessibilityComplianceReportForm.pdf ●WCAG 2.0: http://www.w3.org/TR/WCAG20/http://www.w3.org/TR/WCAG20/ ●2010 ADA Standards for Accessible Design: http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm ●ADA Update - A Primer for State and Local Governments: http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html ●Higher Ed Accessibility Lawsuits, Complaints, and Settlements: http://www.d.umn.edu/~lcarlson/atteam/lawsuits.html http://www.d.umn.edu/~lcarlson/atteam/lawsuits.html ●University of Washington - Legal Cases by Issue: http://www.washington.edu/accessibility/requirements/legal-cases-by-issue/ http://www.washington.edu/accessibility/requirements/legal-cases-by-issue/ "Shame on us... If we let the wonders of educational technology and broadband internet lead to more inequality as opposed to less"

25. Survey http://www.cvent.com/d/xrqsxp