1. WI ACT 124
“BUILDING BRIDGES
AND BREAKING
DOWN BARRIERS”
ACCESSING HIGHER GROUND 2013
Scott Ritter
To m H e f f r o n
Sal Carranza
15 years in the making…

2. WI ACT 124
“A Long and Winding Road”
!
!
!
The result of over 15 years of strong
advocacy and bipartisan legislative
support
Partnership with the American Publishers
Association, and Disability Services
leadership statewide
Ensures equal access and treatment for all
WI postsecondary students with
disabilities to textbooks and educational
materials
……1996

3. Why did it take so long?
!
The provision of Accessible Instructional Materials
(AIM) to students with disabilities at the
postsecondary level has been impacted by issues
associated with the complex interactions between
civil rights and copyright law, as well as an
evolving market and rapidly emerging technology.
No Kidding!!!

4. AIM Commission
!
The identification of need for, acquisition of, and
use of accessible instructional materials are the
administrative responsibility of every higher
education institution, not simply the task of DR/S
offices.
But there’s no market for AIM, right?

5. Why did WI need Act 124?
Because we
needed to stop
making
mountains for
students…
!
$5.85 Billion
textbooks/course
materials sold in
2010 (National Association
of College Stores).
!
So if 12% are
SWD=$702 million.

6. Disability Prevalence in Post-secondary 2011
(% of total SWD)
2011 National Center for Education Statistics (NCES) and 2011 AHEAD surveys
Disability Type
Learning
Disabilities
ADD or ADHD
Psychological
condition
Health impairment
Mobility
impairment
Hard of hearing or
Deaf
Traumatic Brain
Injury
AHEAD %
NCES %
28.16%
31%
20.21%
18%
9.25%
15%
2.61%
3%
Intellectual disabilities
2.40%
3%
Temporary impairment
2.01%
N/A
Autism
15.59%
Visual impairment
1.94%
2%
0.72%
1%
11%
6.20%
7%
Speech/language
impairment
3.25%
4%
Deaf-blind
0.09%
N/A
2.79%
2%
Other
4.79%
3%
70% of total SWD may use AIM

7. National Longitudinal Transition Survey-2
“Out of High
School and has
ever attended
Post-Secondary”
Wave 2 (2003)
LD 29.5%
B/VI 63.6%
Orthopedic 32.2%
TBI 23.4%
OHI 33.4%
Multiple 19%
Deaf/Blind ***
Wave 3 (2005)
LD 45.2%
B/VI 70.6%
Orthopedic 51.2%
TBI 51%
OHI 53%
Multiple 32.8%
Deaf/Blind 47.7%
Wave 4 (2007)
LD 58.7%
B/VI 68.7%
Orthopedic 57.2%
TBI 55.2%
OHI 55.9%
Multiple 28.5%
Deaf/Blind 46.4%
Wave 5 (2009)
LD 65.2%
B/VI 67.8%
Orthopedic 59.8%
TBI 60.5%
OHI 64.7%
Multiple 28.9%
Deaf/Blind 53%

8. Tremendous Growth from 2003-2009
Type of Disability
Growth
Percentage of Change
Learning Disability
29.5% to 65.2%
121%
Blind/Visually Impaired
63.6% to 67.8%
6.6%
Orthopedic
32% to 59.8%
87%
Traumatic Brain Injury
23.4% to 60.5%
159%
Other Health Impairment
33.4% to 64.7%
94%
Multiple Disabilities
19% to 28.9%
52%
Deaf-Blind
*** to 53%
N/A

9. Assistive Technology and Your College
Experience Survey 2009 (QIAT-PS)
The survey was distributed to students with disabilities in
post- secondary education nationally in 2009.

10. A Few Key Questions…

11. What types of assistive technology
do you regularly use?
Type of AT
Electronic text
Computer with screen
reader
Optical character
recognition software
Voice recognition
software
Computer with
magnification
Handheld magnifier
and/or CCTV
Braille display
Embosser
Count
49
%
36.30%
40
29.63%
23
17.04%
23
17.04%
20
14.81%
13
9.63%
10
10
7.41%
7.41%

12. Multiple Major Life Activities
Social
Studying
Lecture
Homework

13. A DS Provider’s Perspective
DCHE AT Survey 2012

14. We aren’t just providing PDF’s. ..
“AIM High-Going Above and Beyond”
Depending on staff and available funding/resources, we convert materials,
provide students with software and hardware, assist students with
installation, and train them too.
!
!
!
62% troubleshoot as well
88% refer students to accessibility applications or online resources
70% advised students on other accessibility level/features of different
technology such as the iPad and Kindle.
!
40% offered to find and install UD or accessibility-related apps on
students personal devices.
!
< 25% of respondents sent students somewhere else on campus to get
software/hardware.
< 33 % sent students somewhere else for installation.
!
I wonder how many of these were related to reading?

15. Approaching a tipping point…
2010
The Office of Civil Rights, United States Department of Education letter.
OCR attorneys affirmed that—
!
"Requiring use of an emerging technology in a classroom environment when
the technology is inaccessible to an entire population of individuals with
disabilities—individuals with visual disabilities—is discrimination prohibited
by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of
the Rehabilitation Act of 1973 (Section 504) unless those individuals are
provided accommodations or modifications that permit them to receive all
the educational benefits provided by the technology in an equally effective
and equally integrated manner" (Office of Civil Rights, US Department of
Education,(2010) Joint Letter, Washington, DC).
SWD’s civil rights require post-secondary institutions to provide
equitable access to all learning materials and activities, digital or
otherwise. This extends to textbooks, courseware, learning management
systems, instructional software programs—in short, any and all
curriculum resources required for use in academic programs.

16. The Higher Education
Opportunity Act of 2008
!
Requires all post-secondary institutions, as of July 1,
2010, to make textbook information available for
all courses, including both ISBNs and pricing
information. This information must be offered as
part of an institution’s online class schedule, and
must be viewable by students in advance of
registration for any given academic term.

17. Recent Legal Cases
Louisiana Tech DOJ settlement
!
!
Online Course Environment/Course Materials/Websites inaccessible.
Landmark settlement, because it identified/expanded responsible stakeholders.
Penn State University
!
!
Settled with National Federation of the Blind
Allegedly did not provide B/VI students with proper access to websites and
library catalog, online class materials.
South Carolina Technical College System
!
OCR resolution to fix web accessibility.
University of California-Berkley
!
Settlement with Disability Rights Advocates to improve AIM. The Golden Bears
were struggling to keep up with a 115% increase in the last 4 years (750
textbooks last year) Now will have 5 staff dedicated, must send reminders for
requests, and must provide accessible textbooks within 10 days if the request.
"
"
Library Print system; first of its kind; students will be able to request library books and
journals be converted; 5 day turnaround.
http://www.dralegal.org/sites/dralegal.org/files/casefiles/factsheet_ucb.pdf

18. States with Accessible
Textbook Laws
!
Arizona
!
California
!
Georgia
!
Kentucky
!
New Mexico
New York
!
Maryland
!
Wisconsin
!

19. Capacity Building
Where did we begin (Tom and Sal)
! Roadblocks
! Stakeholders
!

20. 2011 Wisconsin Act 124
“Nuts and Bolts”
!
!
!
!
!
Publishers are required to provide electronic or other alternative
versions of textbooks to college students who are blind or have
other disabilities that prevent them from using standard printed
materials
Establishes a procedure that must be followed for requesting an
electronic or alternative version of a textbook
Outlines the duties of a publisher who receives such a request.
The Act identifies circumstances under which an electronic or other
alternative version of a textbook is not required to be provided
Outlines the requirements that must be followed by a student who
receives instructional materials in alternative or electronic format.

21. ELIGIBLE STUDENTS
1.
Any student who is blind or visually impaired
Has a specific learning disability, or
3. Other physical condition that prevents the student from using
instructional material in standard print format, and who needs
reasonable accommodations to read.
Students must be enrolled in any of the following institutions of higher
education: (total # of schools)
2.
!
!
!
An institution or college campus within the University of Wisconsin
System.
A technical college within the Wisconsin Technical College System.
One of the 20 private, nonprofit institutions of higher education that
are members of the Wisconsin Association of Independent Colleges
and Universities.

22. INSTRUCTIONAL MATERIALS
COVERED BY WI ACT 124
Textbooks or other material written and published in print format that is
required or essential to the success of a student with a disability in a
course of study in which the student is enrolled

23. REQUESTS FOR MATERIALS
Who may Request: An institution of higher education may, on behalf of an eligible student
What may be Requested:
!
Braille.
!
Large print text.
!
An audio recording created with the use of text-to-speech technology.
!
An electronic format used with a screen reader device or other assistive technology.
A digital talking book.
Electronic Format
A computer file or other digital medium embodying instructional material that can be made
into an alternative format or that is capable of serving as an alternative format, if used with
a screen reader device or other assistive technology.
! Maintain the structural integrity of the original instructional material
! Be compatible with an assistive technology that is suitable for the needs of the
student with a disability or, if the student needs an embossed Braille version of the
instructional material, be compatible with commonly used Braille translation
software.
! Include corrections and revisions that have been generally published with respect to
the instructional material.
!

24. Institutional Requirements
!
!
!
!
!
A copy of the instructional material in a standard format has been
purchased for use by that student. The publisher has a right to inspect or
receive copies of records verifying the purchase.
The student is a student with a disability.
The requested material is for use by the student in connection with a course
at the institution of higher education in which the student is enrolled.
If the institution of higher education has a copy of the instructional material
in electronic format and can be used with assistive technology, we need to
use it.
Signed statement outlining that the student will use the instructional
material in an alternative format solely for his or her own educational
purposes and that the student will not copy or distribute the instructional
material in an alternative format for use by others.

25. DUTIES OF PUBLISHERS
1. Response Required Within Seven Days
! Within seven days after receiving a request, the
publisher must respond to the request by providing
a notice advising the requester as to which of the
actions, if any, permitted under the Act the
publisher intends to take. The notice must be
provided in writing. Fax or e-mail are acceptable
forms of written notice.

26. Publisher Time Limits
Provide the requester a copy of the instructional material
in an alternative format by one of the following means:
No later than 14 days after providing initial notice
! A computer
disk or file.
! An Internet password or by providing that access in any
other appropriate matter.
No later than 7 days after providing initial notice
! Electronic
Format
! Grant the institution of higher education permission to
convert the instructional material into the particular
alternative format needed by the student with a disability.

27. Exceptions
Lack of Copyright
Materials are commercially Available
Member of a Nationwide Exchange Network

28. If we need to create accessible
materials in house…
An institution of higher education to create an alternative format of
instructional material for which a request has been made if any of the
following apply:
!
!
!
!
The publisher provides a copy of the instructional material in
electronic format.
The publisher grants permission to convert the instructional material
into an alternative format.
The institution already possesses a copy of the instructional material
in electronic format that is capable of serving as an alternative
format or of being converted in an alternative format.
The publisher does not respond to a request within seven days or
does not fulfill the request within 7 or 14 days after providing notice
of its intent as required under the Act.

29. If we have to outsource…
The third party contract must provide all of the following:
!
!
!
!
!
The electronic format from which the alternative format is
created may not be further distributed by the third party.
Any alternative format made from the electronic format
may be provided only to the institution.
All files provided by the institution to the third party shall
be returned to the institution.
The third party may not retain, and must destroy, any copies
of its work product, including any interim work files.
Both the institution and the publisher shall have the power
to enforce the contractual provisions specified above.

30. Big Rocks for Using Materials
Protection of Copyright
! Ensure that the format is not distributed to any third
parties, unless outsourcing.
! Maintain in effect all copy protection measures
embedded in the alternative or electronic format by the
publisher
! Disc or file must be copy protected
! Ensure that the student does not copy or distribute the
electronic format version in violation of the federal
Copyright Act
Use an agreement form!

31. Ready for some non-legalese?
Once we’ve made the request, we don’t need to
request permissions or materials in the future!
! We can share! As long as everyone plays by the
rules and uses common sense.
!

32. WI ACT 124 Guide
1. Introduction
2. Executive Summary of Wisconsin Act 124
3. Post-secondary Education E-Text Process and Responsibilities (Per Wisconsin
Act 124)
4. Scenarios-Issues and Answers from WI Disability Services Colleagues
5. Frequently Asked Questions Regarding Implementation of Act 124
6. Wisconsin Accessible Text Workgroup Resource List
a. Alt-Text Best Practices
b. E-Text-Procurement
c. Audio Books
d. Braille/Large Print
7. Appendices
a. Full Text of WI Act 124 State Law
b. Sample Postsecondary Forms and Agreements
c. Sample Textbook/Equipment Requests
d. Sample E-Text Process

33. A Special Thanks…
!
!
!
!
!
!
!
!
!
!
!
!
The Wisconsin Postsecondary Guide for Implementing the WI Access Text Law (Act
124) was developed and composed by an excellent WI Postsecondary Disability
Services Committee in 2012. A special thanks to the following committee members for
their efforts and dedication to the 2013 guide:
Bonnie Bauer, Moraine Park Technical College
Cathy Bohte, Milwaukee Area Technical College
Sal Carranza, University of Wisconsin System Administration
Janet Case, Fox Valley Technical College
Nicole Gustafson-Binger, Gateway Technical College
Tom Heffron, Wisconsin Technical College System
Mary Marks, Mid-State Technical College
VaMeng Moua, Northeast Wisconsin Technical College
Patty Nesheim, Gateway Technical College
Lili O’Connell, Edgewood College
Scott Ritter, Madison Area Technical College
Jean Salzer, University of Wisconsin-Milwaukee

34. And now, the rest of the story…
On Nov. 15, 2012, the UW System, Wisconsin Technical College System
(WTCS), and La Crosse County received an award from the Wisconsin Council
of the Blind and Visually Impaired to recognize the successful passing of Act
124 (the E-Text Bill) by the Legislature. The legislation helps make instructional
materials more accessible to the blind and visually impaired.