A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton...

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A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University of Minnesota, Disability Services

Transcript of A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton...

Page 1: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

A Framework for Achieving Accessibility through Compliance and Design

Keynote at Creighton University

October 12, 2005

Bobbi Cordano, J.D.

University of Minnesota, Disability Services

Page 2: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Forces Driving Change…Student Statistics

Percentage of college freshmen with a disability: More than tripled over the last 20 years. (3% in 1978, 9+% in 1998)

Number of high school graduates with disabilities matriculating in postsecondary education: Rose from 3% in 1978 to 19% in 1996. (Blackorby & Wagner, 1996; Dukes & Shaw, 1999)

1 in 11 (or 154,520) first-time, full-time freshmen entering college in 1998 self-reported a disability (hearing, speech, orthopedic, learning, health-related, partially sighted or blind, or other conditions). (HEATH, 1999)

More than 50% of students with disabilities enrolling in postsecondary education persist toward a degree or credential.

Number of students with Asperger’s has grown over 800% in last decade.

Sources: National Council on n Disability Position Paper on “People with Disabilities and Postsecondary Education”, Sept. 15, 2003, citing Harris eSurvey, 2000; HEATH Survey, 1998; US DOE, 2000.

Page 3: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Forces Driving Change…Work Place Trends

Aging• National workforce median age: 40.5 in 2004. Projected to be

41.4 in 2012.

• U of M workforce median age: 45(Bargaining Unit: 43 - Civil Service: 42 - P&A: 45 - Faculty: 50)

Stress• One of the fastest growing reasons for loss time

• $300 billion in costs nationally

Growing number of people with disabilities in the workforce• Number of people with disabilities in the workforce increased

to over 20 million workers in the United States, constituting 12.4% of the workforce. (Annual Disability Status Report, 2004, Cornell Univ.)

Chronic Illness• 1 in 3 people experience chronic illness in U.S. (CDC, 2004)

Page 4: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Compliance

Creighton University’s Legal Duty

Page 5: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Disability/Education Laws

Section 504 ADA

Postsecondary Postsecondary/General Public

Universities that receive federal funds

must be accessible

Public services must be

accessible regardless of federal funds

People are responsible for disclosure and

requesting services

People are responsible for disclosure and

requesting services

IDEA

Elementary/Secondary

Public schools must provide services to

students with disabilities

School must identify students

and provide services

See Curriculum Transformation And Disability (CTAD), a grant partnership between General College and Disability Services that was funded by U.S. Department of Education (Project #P333A990015) to provide strategies for universal instructional design to faculty.

Page 6: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Americans with Disabilities Act of 1990

Modeled after the Civil Rights Act of 1964, with the addition of an affirmative duty to remove barriers, when reasonable.

All public services must be fully accessible to people with disabilities (regardless of participation in federal aid programs).

Requires public entities to ensure students and employees enjoy the same employment and educational opportunities available to people without disabilities.

Enforced by federal government agencies.

Page 7: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Definition of Disability

A person has a disability if s/he has a physical or mental impairment that substantially limits one or more of the major life activities (walking, standing, seeing, speaking, hearing, breathing, taking care of oneself, learning).

Page 8: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Mobility

Sensory

Systemic

LD/ADHD

Psychiatric

AcquiredBrainInjury

Types of Disabilities

Page 9: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Issues with Hidden Disabilities

“Passing” May not belong in either world Erratic nature of disability Need to “prove” disability Decision to disclose

Note: People with psychiatric disabilities are the fastest growing group, the least understood, and the least willing to disclose.

Page 10: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

"It was difficult for me to complete this survey because my disabilities are hidden. Most people don't know anything is wrong, since they can't see anything wrong".

See Curriculum Transformation And Disability (CTAD), a grant partnership between General College and Disability Services that was funded by U.S. Department of Education (Project #P333A990015) to provide strategies for universal instructional design to faculty.

Page 11: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Reasonable Accommodations

A reasonable accommodation is a modification or adjustment to a course, program, service, job, facility or activity that enables a qualified person with a disability to have an equal opportunity.

Institutions are obligated to make reasonable accommodations only to known limitations of an otherwise qualified individual.

Page 12: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Unreasonable Modifications

Those that would fundamentally alter demonstrable academic or technical standards or essential functions of a job.

Those that substantially alter the nature of the benefit received from the course, program or service, or the essential functions of a job.

Those that present an undue hardship. Those that pose a risk to self or others.

Page 13: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Paradigm Shift…

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The remedy is cure or normalization of the individual.

Disability is a deficiency or abnormality.

The agent of remedy is the professional.

Disability resides in the individual.

The remedy is a change in the interaction between the individual and society.

Disability is a difference. Being disabled, in itself, is neutral.

The agent of remedy can be the individual, an advocate, etc.

Disability derives from the interaction between the individual and society.

Medical Model Social Model

Carol Gill, Director Chicago Institute of Disability Research

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The Center for Universal Design (1997). The Principles of Universal Design, Version 2.0. Raleigh, NC: NC State University.

Universal Design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.

Definition of Universal Design

Page 16: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

The primary goal of Universal Design is to create flexible, customizable products, courses, programs, activities and environments.

Not just “one size fits all…”

Page 17: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Meaningful Access

4 Environments

– Physical– Programmatic/Policy– Informational– Attitudinal

Page 18: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Examine Your World

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Physical Environments

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Programmatic/Policy

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Informational

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Attitudinal

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“It feels like people are saying, ‘We let you in; why do you need anything more?’”

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Universal Design createsinclusive environments

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Broadening of Definition of Multicultural

Increasingly difficult to provide “single” identity, e.g., a person can identify as Hispanic, GLBT, and Disabled.

The part(s) of a person’s identity may emerge in response to the environment or circumstances.

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UD for DiversityPrinciple 1

Copyright, Cordano, R.J., J.D,. and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Build barrier-free, welcoming environments with attention paid to attributes that include usability, diverse content, access to artwork and graphic design and geographic location relative to function.

Page 27: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for DiversityPrinciple 2

Create spaces and programs that foster a sense of community for all students, particularly students from underrepresented communities.

Copyright, Cordano, R.J., J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 28: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for DiversityPrinciple 3

Design accessible and appropriate physical environments that provide ease of use for people who use different modes of interacting or communicating and allow for confidential use based on the services, programs or benefits being delivered.

Copyright, Cordano, R.J,. J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 29: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for DiversityPrinciple 4

Ensure that non-electronic information environments are accessible and appropriate so that information is delivered in formats (e.g., Braille, captioning, different languages), understandable by and easily usable by diverse users without requiring unnecessary steps or “hoops” to jump through for completion.

Copyright, Cordano, R.J., J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 30: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for Diversity Principle 5

Design and maintain internet and other electronic environments to ensure accessibility and appropriate confidentiality or privacy for those who use various adaptive equipment, hardware (that may vary in age and capacity) and software and for those that require or need confidentiality or privacy.

Copyright, Cordano, R.J., J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 31: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for Diversity Principle 6

Create inclusive and respectful policies and programs that, from the beginning, take into consideration the diverse student and employee populations at the University and provide natural and cognitive supports to ensure full utilization of programs by students and employees.

Copyright, Cordano, R.J., J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 32: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

UD for Diversity Principle 7

Hire and develop personnel who understand, respect and value the University’s diverse community of students and employees.

Copyright, Cordano, R.J., J.D., and Mann Rinehart, Peggy, 2005. The application of the principles of Universal Design as developed here do not constitute or imply acceptance or endorsement from The Center for Universal Design of these applications.

Page 33: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Compliance and Design

ADA Remove barriers

through reasonable accommodations.

With exception of some construction guidelines, largely implemented on case-by-case basis.

Universal Design Remove barriers for

widest range of users/participants through design.

Designed from outset to be broadly accessible; will require individualized accommodations from time to time.

Page 34: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.
Page 35: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

Curb-Cuts

• Physical & Design curb-cuts• Electronic curb-cuts• Academic curb-cuts• Workplace curb-cuts• Social curb-cuts

Page 36: A Framework for Achieving Accessibility through Compliance and Design Keynote at Creighton University October 12, 2005 Bobbi Cordano, J.D. University.

“Diversity is…about purposeful and effective designs for supporting all students’ educational achievement.” Add the retention, success and promotion of faculty and staff…

Quote source: Smith, D. G. and Associates (1997). Diversity works: The emerging picture of how students benefit. Washington, DC: Association of American Colleges and Universities.

Future Trends in Higher Education•Responsibility for designing or creating accessible environments shared throughout the institution (not including costs of core accommodation services)

•Focus less on case-by-case accommodations and more on systems change

•Explore new applications of technology to remove barriers or improve access

•Develop sustainable strategies that benefit the widest range of people in the institution’s community