This document provides an agenda and materials for a digital accessibility workshop. The agenda includes introductions, a legal update on accessibility lawsuits and cases, a discussion of common accessibility issues and how to address them, and breakout sessions on selected topics. In the legal update section, the presenter outlines some of the major laws and events related to digital accessibility, including the Rehabilitation Act of 1973, the Americans with Disabilities Act, and recent court cases. Common findings from the Office of Civil Rights regarding institutional websites are also summarized, such as a lack of alternative text or captions. The presentation then covers both easy issues to address, like image descriptions and color contrast, as well as more challenging matters like video captioning.

1. Digital Accessibility Workshop
Accessibility: Bridging Barriers in Changing
Times
Janet Kamps
Richard Leslie
Jackie Luft
Ray Rose (slideshare.net/raymondrose)
Trish Trifilo

2. Please Add Organizational Affiliation To Your
Name in Zoom
Self-assessment
Do you: (Y/N/DK)
• Know about Universal Design (for
Learning)?
• Know who your ADA/Section 504
Coordinator is?
• Know the common online
accessibility issues?
• Review instructional materials for
accessibility?
• Know what a VPAT is used for?
Does your institution: (Y/N/DK)
• Have an accessibility policy?
• Require all digital resources to be
reviewed for accessibility as part of
the purchase procedure?
• Offer professional development on
accessible online course design?

3. Help us make this workshop benefit you.
Please share in Chat:
• What is your primary reason for attending this workshop?
• What do you want to leave this workshop with?

4. Tentative Agenda
• Welcome and Introductions
• When Addressing UDL
• What can you do Right Now?
• Onboarding – Getting Administration Involved
• Creating and Implementing Policy
• Legal Update
• Breakout sessions – Topics TBD

6. Legal Update: Latest Legal
Actions Regarding Accessibility
Raymond Rose
rrose@txdla.org
Slideshare.net/raymondrose

7. Learning about
accessibility is like….

8. How Did We Get Here?
A quick history lesson

9. A Netflix original currently Oscar nominated for Best Documentary feature.

10. How Did We Get Here?
Significant Events:
• 1973 Rehabilitation Act of 1973
• 1990 Americans With Disabilities Act
• 1998 Rehabilitation Act of 1973 Amended Section 508
• 2008 WCAG 2.0
• 2010 OCR Dear Colleague Letter
• 2018 WCAG 2.1
• 2020 WCAG 2.2 (?)

11. “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
Accessibility:
OCR’s Operational Definition

12. 504 Regs follow Title IX’s (1972)
• Non-Discrimination Statement
• Coordinator
• Notification
• Coordinator name/contact info
• Complaint procedure

13. Electronic Information Resource Accessibility
Coordinator (EIRAC)
Every Texas state agency and institution of higher education is required to
provide an environment that affords equal access to electronic and information
resources for state employees and members of the public with or without
disabilities. This includes identifying the EIR Accessibility Coordinator (EIRAC)
for the agency or institution.
https://dir.texas.gov/View-Resources/Pages/Content.aspx?id=44

14. Consent Decree Elements
2016 Dudley v Miami*
• Person responsible (Accessible Technology Coordinator)
• Accessibility Committee
• Process to ensure evaluation of digital resource purchases before
purchase
• Training for everyone
*https://www.ada.gov/miami_university_cd.html

15. Office for Civil Rights (ED.gov)
Pending Cases Currently Under Investigation at Elementary-
Secondary and Post-Secondary Schools as of April 2, 2021
https://www2.ed.gov/about/offices/list/ocr/docs/investigations/open-
investigations/index.html
Where to Find Recent Resolutions
• https://ocrcas.ed.gov/ocr-search

16. Case Law
• Winn-Dixie (Winn-Dixie won on appeal)
• https://www.lflegal.com/2021/04/winn-dixie-appeal/
• https://www.lflegal.com/2021/04/justice-branch/
• SCOTUS passed on Domino’s Pizza appeal
• LACCD vs Payan
• https://nfb.org/about-us/press-room/federal-court-rules-favor-blind-students
• https://law.justia.com/cases/federal/district-
courts/california/cacdce/2:2017cv01697/671736/330/
• Accessibility Widgets and Overlays Do Not Stop Lawsuits
• Overlay cases not solving accessibility issues (~250 2020)
• WCAG 2.1 AA Has Become The Prevailing Standard

17. and More
The ADA Title III federal lawsuit topped 11,000 in 2019.
• https://www.adatitleiii.com/2020/02/2019-was-another-record-breaking-year-for-
federal-ada-title-iii-lawsuits/
Legal updates from a lawyer
• Office of Lainey Feingold – Legal Updates
• https://www.lflegal.com/category/accessibility-laws-and-regulations/legal-updates/
• Ray’s FutureCast.
• Watch Congress for new legislation
• Expect OCR to be more aggressive with enforcement

18. The ~Easy Stuff
•Alt Tags
• Eye Candy
•Color and Color Contrast
•PDF
• Graphic vs OCR
•Proper Use of Tables
• Presentations
• Google Slides
• PowerPoint

19. Common OCR Findings
1.Lack of alternative text on all images
2.Documents not posted in an accessible
format (pay attention to pdfs)
3.Lack of captions on all videos
4.Inability to operate video controls using
assistive technology
5.Improperly structured data tables
19

20. Common OCR Findings
5.Improperly formatted and labeled form
fields
6.Improper contrast between background
and foreground colors
7.Using color for navigation directions
8.Frames not titled with text that
facilitates frame identification and
navigation
20

21. Harder Stuff
• Captioning
• Video
• Webinar
• Large Events (e.g. online graduation)
• Links
• From a Course
• For Institutional Services
• Housing
• Finance
• Book Store

22. Raymond Rose
rrose@txdla.org
Slideshare.net/raymondrose