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Wi act 124
- 1. WI ACT 124 “BUILDINGBRIDGES 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 “ALong 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 ittake 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 identificationof 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 WIneed 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 inPost-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 TransitionSurvey-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 from2003-2009 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 andYour College Experience Survey 2009 (QIAT-PS) The survey was distributed to students with disabilities in post- secondary education nationally in 2009.
- 10. A Few KeyQuestions…
- 11. What types ofassistive 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 LifeActivities Social Studying Lecture Homework
- 13. A DS Provider’sPerspective DCHE AT Survey 2012
- 14. We aren’t justproviding 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 tippingpoint… 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 OpportunityAct 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 LouisianaTech 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 TextbookLaws ! Arizona ! California ! Georgia ! Kentucky ! New Mexico New York ! Maryland ! Wisconsin !
- 19. Capacity Building Where didwe begin (Tom and Sal) ! Roadblocks ! Stakeholders !
- 20. 2011 Wisconsin Act124 “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 studentwho 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 BYWI 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 Whomay 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 copyof 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 Providethe 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 Materialsare commercially Available Member of a Nationwide Exchange Network
- 28. If we needto 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 haveto 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 forUsing 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 somenon-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 124Guide 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… ! ! ! ! ! ! ! ! ! ! ! ! TheWisconsin 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, therest 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.