Transcript Implementing the “New” ADA and DOJ Regulations

Implementing the “New” ADA
and DOJ Regulations
A Policy Tele-Institute for Higher
Education
1
Session 4:
Establishing Policy, Practice and Resources
for Virtual Environments: Technology,
Web Access, and Access to Print Materials
Presenters
Irene Bowen, ADA One, LLC
Deborah Kaplan, Social Security Administration
L. Scott Lissner, The Ohio State University
November 30, 2010
2
Presenters
Irene Bowen, J.D.
•President of ADA One, LLC
•AHEAD presenter and trainer (national, state)
•Board member, National Association of ADA Coordinators
•Part-time senior policy advisor with LCM Architects
•City of Chicago title II plan
•Higher education: reviews and plans
•Former Deputy Chief, Disability Rights Section, DOJ
•Former Deputy General Counsel, US Access Board
•Co-founder, National Center for Law and Deafness
3
Presenters
Deborah Kaplan
•Senior Advisor on Technology Accessibility, Social Security
Adminstration
•Director, Accessibility Technology Initiative, California State
University, Office of the Chancellor
•Executive Director of the World Institute on Disability
•Clinton Administration’s National Information Infrastructure
Advisory Council
•Steering Committee of the Web Accessibility Initiative of the
World Wide Web Consortium
4
Presenters
L. Scott Lissner
The Ohio State University
•
University ADA Coordinator & 504 Compliance Officer
• Associate, John Glenn School of Public Policy
• Lecturer at the Knowlton School of Architecture, Moritz
College of Law & Disability Studies
AHEAD
• President Elect
• Co-Chair, Public Policy & Government Relations Committee
OTHER
• Appointed, Ohio Governor's Council For People With Disabilities
• Chair, ADA-OHIO
• Appointed, State HAVA Committee
5
• Appointed, Columbus Advisory Council on Disability
Overview:
A brief overview of the current enforcement
and compliance context for Electronic and
Information Technology (E&IT) followed by a
discussion of the development and
implementation of policies for the California
State University campuses as a case study to
model the process of building comprehensive
E&IT policies on your campus.
6
Agenda:
• Compliance & Enforcement Environment
• E&IT Policy Development
– Scope
– Goals
– Implementation Approach
– Responsibilities
– Principles
– Priority Setting
– Governance and Authority
• Questions ?
7
Compliance Environment
The Americans with Disabilities Act of 1990
(ADA) and Section 504 of the Rehabilitation
Act of 1973 require that qualified individuals
with disabilities be provided equal access to
programs, services, or activities. Section 508
of the Rehabilitation Act applies only to
purchasing by Federal Agencies but sets a
“benchmark” for access.
8
Compliance Environment
“There is no doubt that the internet sites of
State and local government entities are
covered by Title II of the ADA. Similarly,
there is no doubt that the websites of
recipients of Federal financial assistance
are covered by Section 504 of the
Rehabilitation Act.”
9
Compliance Environment
• Public statements from DOJ
– From “Can be an effective communication tool” the
ADA Tool Kit
– ANPRM Section III B Legal foundation for Web
accessibility
“Today the Internet, most notably the sites of the
Web, plays a critical role in the daily personal,
professional, civic, and business life of Americans.”
10
Compliance Environment
• Kindle complaints
– Comparable time, effort and expense
• DOE and DOJ joint “Dear Colleague
Letter” June 2010
– Interpret broadly
11
Compliance Environment
Penn. State Complaint
• Library web site with library catalog is not fully
accessible to blind students
• Many departmental web sites are not fully accessible
to the blind, including, the Web site for the Office of
Disability Services.
• Penn State utilizes a course management system
integral to the learning and teaching experience
allowing students and professors to interact with each
other online and perform various course-related
functions that is almost completely inaccessible to
12
blind users
Compliance Environment
Penn. State Complaint
• “Smart” podiums, allow instructors to connect his/her laptop but
must use an inaccessible touchscreen
• Clickers/Personal Response Systems not able to
independently read either the screen at the front of the room or
the LCD display on the “clicker
• PNC Bank contract enables students to use identification cards
as debit cards. The PNC Web site is nearly inaccessible &there
13
is only one ATM on the entire campus with audio output
Compliance Environment
Penn. State Complaint
Requested Solutions
• Penn State should conduct an accessibility
audit and make a plan of corrective action
available for comment to students and
faculty for comment. It should then develop
guidelines for maintaining accessibility and procuring
accessible software and hardware
• Penn State should hire trained full-time personnel responsible
for accessibility on campus for each of its campuses who will
have direct reporting authority to the Penn State System CIO
14
Compliance Environment
Penn. State Complaint
Requested Solutions
• Penn State should require PNC to make its
websites and campus ATMs accessible if it
is to continue in a relationship with the bank
• Penn State should develop a manual and
provide training to all personnel who are
authorized to code on its websites
• Penn State should write, with input from the print disabled
and blind students and faculty, a clear and meaningful policy
statement on accessibility and make provisions for
accountability for policy violations
15
Compliance Environment
21st Century Communications & Video Accessibility
Act
• Accessibility of advanced
communications equipment and
services
• Requires devices capable of
displaying closed captioning, to
deliver available video description,
and to make emergency information
accessible.
• Captioning of internet delivered
television
16
Scope of E&IT Policies
E& IT includes, but is not limited to
computer and network access and
services, computer‐delivered or
enhanced instruction, instructional
technologies such as clickers, library electronic information
resources, library online catalogs and homepages, campus
informational web sites, computer‐delivered or assisted
administrative services, and voice and video programs and
services
Policies for access should cover academic programs and
services, student services, auxiliary programs and services,
information resources and technologies, and the
procurement of goods and services
17
Goals
• Provide students, faculty and the general
public with disabilities access to technology
that is timely and as seamless as possible.
• Reduce the need for and costs associated with
the provision of individual accommodations
for technology access.
• Foster ownership of accessibility amongst all
stakeholders to ensure that accessibility is
designed into operations, rather than
addressed retroactively as individualized
accommodations
18
Goals
• Improve the usability of technology for
all technology users through Universal
Design as an underlying approach.
• Address accessibility challenges
consistently over time.
• Foster collaboration on accessibility
issues among campuses.
19
Implementation
Approach
• Flexible enterprise level solutions & resources with
unit level accountability best reflect the institutional
obligation. ADA& 504 E&IT compliance efforts
should be on par with Security and intellectual
property rights efforts
• Continuous campus wide activity Integrated into
the local culture(s) and system of E&IT use
• Informed by usability, universal design and
emerging trends in E&IT
20
Implementation Approach
• Established baselines, priorities, benchmarks and goals
for hardware, software & procedures reviewed and
revised every three years
• Clear assignment at campus division & unit levels
• Self‐assessment linked to strategic planning
• Collaboration on common accessibility challenges,
solutions and resources
• Identify and initiate statewide and national
collaborations including the use of standards, tools and
strategies
21
Implementation Approach
• Implementation needs to be continuous, planned,
measured and documented
• Resources allocated based on priorities that relate
to the highest impact allowing for individual
accommodations when necessary.
• Decisions that achieving accessibility is either not
possible or would constitute an undue burden
should be made centrally and result in the
development of plans to provide equally effective
alternative access that are documented, and
communicated.
22
Priority Setting
23
Priority Setting
In setting priorities and allocating resources the
following factors should be considered:
• How many people are expected to make use of the
technology?
• Is it likely to be used again in the future, or repeatedly?
• Is it available publicly, or only to a pre‐determined
audience?
• Is it required to be used for academic or institutional
purposes?
24
Priority Setting
• Is it a time sensitive process?
• Is it the sole means for achieving its purpose?
– If alternatives are available, are they accessible?
• Will it be used by a program or service with a primary
audience of persons with disabilities?
25
Governance & Authority
While each project, policy element and procedure
should identify roles and responsibilities for start up,
ongoing implementation, and evaluation ensuring the
accessibility of electronic and information technology
is a shared institutional responsibility requiring
ongoing, institutional attention and commitment for
sustainable success.
26
Leadership, Governance Authority
Clear central leadership expressed as:
• Defining excellence, success & failure
• Advance enterprise accessibility in strategic
and capital planning
• Inform and monitor the development of
implementation plans and resource allocation
• Foster collaborations across budget & planning
lines
• Support working with vendors and publishers
to address the accessibility of services and
materials
27
Typical Governance Responsibilities
Campus Executive Sponsors:
• Selected from senior leadership
– Based on local culture & engagement typically CIO, Vice
Provost or Legal Affairs
– Charged by President/Chancellor/Provost
• Convene campus‐wide Steering Committee
• Channel communication to appropriate parties on
campus
• Direct Campus ATI planning and monitoring efforts
28
Typical Governance Responsibilities
Campus Administration: President, Provost, CIO, Legal
Counsel,
• Guide vision and goals
• Incorporate priorities into campus planning
• Establish risk appetite and resource allocations
• Review progress on an annual basis and sign off on the
campus plan
• Communicate the importance or E&IT access to the
campus
29
Typical Governance Responsibilities
• Vice Presidents, Vice Provosts Deans:
• Provide leadership with respect to
policy implementation priorities
• Incorporate E&IT access into strategic &
budget planning
• Actively communicate the importance
of E&IT within their divisions/colleges
30
Typical Governance Responsibilities
• ADA Compliance Officers:
• Representation on Steering Committee
• Participate in decisions concerning infeasibility, undue
burden and providing equally effective alternatives.
• Monitor ADA compliance with respect to technology
31
Typical Governance Responsibilities
Faculty Governance:
• Representation on the Steering
Committee
• Promulgation to Faculty
Centers for Faculty Development
& Instructional Design:
• Promote standards & best
practices
• Provide training for faculty &
staff
32
Typical Governance Responsibilities
Disability Services/Disability Resource
Centers:
• Representation on Steering Committee
• Participate in development of
processes and solutions for providing
equally effective alternatives, when
necessary
33
RESOURCES
• CSU Accessible Technology Initiative
http://www.calstate.edu/accessibility/
• Accessibility and the Law: How good UX can keep you
out of court http://uxmag.com/strategy/accessibilityand-the-law
• Departments of Justice & Education Joint Dear
Colleague letter on access to instructional technologies
http://www.ada.gov/kindle_ltr_eddoj.htm
34
RESOURCES
• Kindle Settlements
– http://www.ada.gov/arizona_state_university.htm
– http://www.ada.gov/case_western_univ.htm
– http://www.ada.gov/pace_univ.htm
– http://www.ada.gov/reed_college.htm
– http://www.ada.gov/princeton.htm
– http://www.ada.gov/princeton.htm
• Legal Foundations for E&IT Access
– http://cita.disability.uiuc.edu/collaborate/cic/2006/ada_
files/
35
CONTACT
Irene Bowen, J.D.
President, ADA One, LLC
9 Montvale Court
Silver Spring, MD 20904
Web site: http://ADA-One.com
Email: [email protected]
301 879 4542 (O)
301 236 0754 (F)
36
CONTACT
Deborah Kaplan
Senior Advisor on Technology Accessibility
Office of the Chief Information Officer
Social Security Administration
400 Virginia Ave. SW, Suite 700
Washington D.C.
[email protected]
(202) 358-6521
37
CONTACT
L. Scott Lissner,
ADA Coordinator, The Ohio State University
1849 Cannon Drive
Columbus, OH 43210-1266
[email protected] Http://ada.osu.edu
(614) 292-6207(v); (614) 688-8605(tty)
(614) 688-3665(fax)
38
Other opportunities
NAADAC webinars
• December 1: ADA Standards - Specialized Rooms, Spaces &
Elements Incl. Residential & Rec.
• All seven sessions available on CD and for MP3, etc.
To register and for more information:
http://www.krm.com/NAADAC (direct registration) or
http://askjan.org/naadac/ (NAADAC website)
Next NAADAC conference (four days of training): April 11-14,
2011, Miami, FL
Information available in mid-December at NAADAC’s website:
www.NAADAC.info
39
Next webinar session
• Session 5 – Documentation Policies under the
ADAAA
Tuesday, December 14, 2010
40