Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Exploring the latest online accessibility suits and compliance findings


Published on

TxDLA 2017, concurrent session.

Published in: Education
  • Be the first to comment

  • Be the first to like this

Exploring the latest online accessibility suits and compliance findings

  1. 1. Exploring the latest online accessibility suits and compliance findings Raymond Rose Rose & Smith Associates 3/29/2017 11:00 AM - 11:50 AM Slides available at http://Slideshare.Net/RaymondRose
  2. 2. Do You Know These? A11y ADA DoJ OCR Section 504 Section 508 Section 508 refresh UDL WCAG 2.0 AA
  3. 3. Background • K-12 educator • Civil Rights Specialist with Mass Dept of Education • Civil Rights Specialist/Manager New England equity assistance center • Virtual High School designer/manager • 1st virtual school special needs policy • 2007 1st publication access and equity in online education • Faculty, Instructional Technology and Distance Learning Coordinator, Huston-Tillotson U. • Technical Working Group, Center on Online Learning and Students with Disabilities • Access and Equity for All Learners in Blended and Online Education
  4. 4. Terms To Know A11y ADA (Americans with Disabilities Act) Section 504 of the Rehabilitation Act 1973 Section 508 of the Rehabilitation Act 1973 Section 508 refresh US Dept of Justice (DoJ) US Dept of Ed Office for Civil Rights (OCR) WCAG 2.0 AA Universal Design for Learning (UDL)
  5. 5. Most Recent Findings K-12 11 institutions in 7 states (June 2016) Higher Education UC Berkeley (August 2016) Dudley (and DoJ) vs Miami (October 2016)
  6. 6. 11 Institutions in 7 Western states Laws cited: (OCR) Section 504 of the Rehabilitation Act 1973 Title II of Americans with Disabilities Act (1990) Website Issues: Alt Tags, color contrast, captioning, requiring mouse to navigate
  7. 7. Corrective Actions • Audit website (independent auditor) • Adopting polices and procedures to ensure all new and modified content will be accessible. • Makin all new content accessible • Developing corrective action plan • Posting notice – how to request access or report issues • A11y Training for all appropriate staff
  8. 8. UC Berkely Law cited: ADA (complaint DoJ) MOOC Issues: No or improper captions Color contrast and color only direction Document format issues Links not keyboard accessible Failure to follow on policies on web a11y.
  9. 9. Corrective Action • Pay compensatory damages • Develop system to monitor compliance • Develop and implement procedures to ensure compliance with WCAG 2.0 AA • Develop mechanisms and implement procedures to solicit, receive, respond to barriers of access
  10. 10. UC Berkeley’s Response Materials no longer available after March 15, 2017
  11. 11. Analysis Narrowly constructed finding based on a complaint. Digital content behind passwords were not included in the original complaint nor in the letter of finding.
  12. 12. Miami (OH) University Laws Cited: (DoJ with private person and NFB) Title II Americans with Disabilities Act Section 504 of the Rehabilitation Act Issues: LMS and Website Assistive Technologies Tech Procurement
  13. 13. Consent Decree (56 +13 pages) • Modify policy, practice and procedures • Make websites and subdomains accessible • Includes 3rd party websites (e.g. housing, dining, registration, bill pay, etc) • Videos • LMS • Curricular Materials (texts, workbooks, articles, presentations, graphics, etc) • Accessibility Technology Coordinator • Training (everybody)
  14. 14. Corrective Actions • Designate Web A11y Coordinator – reporting to VP for IT • Ensure LMS (Canvas) conforms to WCAG 2.0 AA • Provides students registered with SDS accessible curriculum materials • Communicate with students registered with SDS regularly to ensure they are getting services and accessible materials. • Train personal responsible for making materials accessible • Cause all websites and web applications to conform to WCAG 2.0 AA • Create, distribute, implement accessible technology policy
  15. 15. Corrective Actions • Designate Accessible Technology Coordinator – reporting to VP for IT • Create Accessibility Committee • Provide mandatory accessible technology training to all annually • Create Accessible Educational Resources Portal • Make technology procurement process ensure products meet appropriate A11y standards. • Conduct automated a11y test of website every 3 months. • Conduct University-wide a11y audit of digital technologies
  16. 16. Corrective Actions • Amend Accommodations Request Form to include Grievance form/process • Evaluate Student Disability Services (SDS) • adequately staffed, • effective and appropriate practice
  17. 17. Analysis Most prescriptive and detailed Consent Decree to date. Focuses first on services to students registered with SDS and then more broadly on all digital resources Broad training mandates
  18. 18. OCR’s Operational Definition “those with a disability are able to acquire the same information and engage in the same interactions — and within the same time frame — as those without disabilities.” OCR Compliance Review 11-11-2128, 06121583, paraphrased from 11-13-5001, 10122118, 11-11-6002
  19. 19. Contact Information Raymond Rose Copies of slides are available at: And my blog:
  20. 20. WCAG at a Glance Perceivable • Provide text alternatives for non-text content. • Provide captions and other alternatives for multimedia. • Create content that can be presented in different ways, including by assistive technologies, without losing meaning. • Make it easier for users to see and hear content. Operable • Make all functionality available from a keyboard. • Give users enough time to read and use content. • Do not use content that causes seizures. • Help users navigate and find content. Understandable • Make text readable and understandable. • Make content appear and operate in predictable ways. • Help users avoid and correct mistakes. Robust • Maximize compatibility with current and future user tools.
  21. 21. Web Content Accessibility Guidelines 2.0 • •
  22. 22. Texas Administrative Code TITLE 1 ADMINISTRATION PART 10 DEPARTMENT OF INFORMATION RESOURCES CHAPTER 206 STATE WEBSITES SUBCHAPTER C INSTITUTION OF HIGHER EDUCATION WEBSITES RULE §206.70 Accessibility (a) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new or changed web pages must comply with: (1) the standards described in Section 508 Subpart B §1194.22, paragraphs (a) through (p), excluding paragraphs (b) and (k); (2) the standards and specifications described in this section; and (3) the standards and specifications applicable to an institution of higher education's accessibility policy described in §213.41 of this title. (b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions which support the institution of higher education's mission, each institution of higher education must consider alternative forms of accommodation. Refer to §206.1 of this chapter for definitions for Alternate Formats and Alternate Methods. (c) An alternative version page, with equivalent information or functionality, must be provided to make a website comply with the provisions of this section, when compliance cannot be accomplished in any other way. The content of the alternative page must be updated whenever the primary page changes. (d) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new or changed web page/site designs must be tested by the institution of higher education using one or more Section 508 compliance tools in conjunction with manual procedures to validate compliance with this chapter. (e) An institution of higher education must establish an accessibility policy as described in §213.41 of this title which must include criteria for monitoring its website for compliance with the standards and specifications of this chapter. Additional information about testing tools and resources are available on the Department's website. (f) Each state website should be designed with consideration for current and emerging Internet connection technologies available to the general public.
  23. 23. Resources PDF Information: Adobe and Accessibility website /acrobat/pdfs/acrobat-xi-accessibility-checker.pdf Creating Accessible Tables and Data Tables 23
  24. 24. Resources 10 Free Screen Readers reader-blind-visually-impaired-users/ 24
  25. 25. Resource FREE Screen Reader NVDA NVDA (NonVisual Desktop Access) is a free “screen reader” which enables blind and vision impaired people to use computers. It reads the text on the screen in a computerized voice. You can control what is read to you by moving the cursor to the relevant area of text with a mouse or the arrows on your keyboard. 25
  26. 26. Resource Color Blindness Simulator ction_and_simulator See through the eyes of your red, green or blue colorblind student. Android only 26
  27. 27. Most Frequently Cited OCR Findings • Lack of Alternative Text on All Images • Documents Not Posted in an Accessible Format • Lack of Captions on All Videos and the Inability to Operate Video Controls Using Assistive Technology • Improperly Structured Data Tables • Improperly Formatted and Labeled Form Fields • Improper Contrast Between Background and Foreground Colors