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Implementing the “New” ADA and DOJ Regulations

A Policy Tele-Institute for Higher Education

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Session 4: Establishing Policy, Practice and Resources for Virtual Environments: Technology, Web

Access, and Access to Print Materials

PresentersIrene Bowen, ADA One, LLC

Deborah Kaplan, Social Security AdministrationL. Scott Lissner, The Ohio State University

November 30, 2010

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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

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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

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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• Appointed, Columbus Advisory Council on Disability

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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.

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Agenda:

• Compliance & Enforcement Environment• E&IT Policy Development

– Scope– Goals– Implementation Approach– Responsibilities – Principles – Priority Setting – Governance and Authority

• Questions ?

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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.

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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.”

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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.”

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Compliance Environment

• Kindle complaints – Comparable time, effort and expense

• DOE and DOJ joint “Dear Colleague Letter” June 2010– Interpret broadly

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Compliance EnvironmentPenn. 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 blind users

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Compliance EnvironmentPenn. 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 is only one ATM on the entire campus with audio output

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Compliance EnvironmentPenn. State ComplaintRequested 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

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Compliance EnvironmentPenn. State ComplaintRequested Solutions

• 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

• 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

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Compliance Environment21st 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

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Scope of E&IT Policies

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

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

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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

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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.

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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

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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

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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.

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Priority Setting

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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?

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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?

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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.

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Leadership, Governance AuthorityClear 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

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Typical Governance ResponsibilitiesCampus 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

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Typical Governance ResponsibilitiesCampus 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

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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

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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

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Typical Governance ResponsibilitiesFaculty Governance: • Representation on the Steering

Committee • Promulgation to FacultyCenters for Faculty Development

& Instructional Design: • Promote standards & best

practices• Provide training for faculty &

staff

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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

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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/accessibility-and-the-law

• Departments of Justice & Education Joint Dear Colleague letter on access to instructional technologies http://www.ada.gov/kindle_ltr_eddoj.htm

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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_f

iles/

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Irene Bowen, J.D.President, ADA One, LLC9 Montvale CourtSilver Spring, MD 20904

Web site: http://ADA-One.com Email: IreneBowen@ADA-One.com

301 879 4542 (O)301 236 0754 (F)

CONTACT

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Deborah KaplanSenior Advisor on Technology AccessibilityOffice of the Chief Information OfficerSocial Security Administration400 Virginia Ave. SW, Suite 700Washington D.C.

Deborah.Kaplan@ssa.gov (202) 358-6521

CONTACT

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CONTACT

L. Scott Lissner, ADA Coordinator, The Ohio State University 1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDU Http://ada.osu.edu

(614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax)

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Other opportunitiesNAADAC 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, FLInformation available in mid-December at NAADAC’s website: www.NAADAC.info

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Next webinar session• Session 5 – Documentation Policies under the

ADAAA Tuesday, December 14, 2010