Office for Civil Rights U.S. Department of Education

1. Office for Civil RightsU.S. Department of Education This presentation provides general information and does not represent a complete recitation of the applicable law and OCR policy in this area. It does not address specific issues of compliance because determinations of compliance depend on specific facts on a case-by-case basis. The language used in these slides is approved for the purposes of this presentation only and should not be used for other purposes.

2. Assistive Technology and Digital Information Access for Individuals with Disabilities [INSERT NAME OF EVENT] [INSERT DATE]

3. What We Will Cover • Legal Considerations • Practical Considerations

4. LEGALCONSIDERATIONS

5. Applicable Laws Enforced by OCR • Section 504 of the Rehabilitation Act of 1973 -- Prohibits discrimination against people with disabilities by recipients of federal financial assistance. • Title II of the Americans with Disabilities Act of 1990 (ADA) -- Prohibits discrimination against people with disabilities by public entities.

6. Types of Entities We Cover • Colleges and Universities • Adult Education and GED programs • Vocational and Proprietary schools • State Vocational Rehabilitation Agencies • Public Libraries • State Education Agencies • Elementary and Secondary School Systems

7. Entities’ Compliance Responsibilities Include… • On-Campus programs • Institution-sponsored off-campus programs, including distance learning, athletic and extracurricular programs • Provisions of significant assistance to other programs

8. Qualified Student With a Disability (QSWD) in Postsecondary A qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission to or participation in the college’s education program.

9. Specific Legal Provisions Institutions subject to Section 504 and Title II: • May not deny a QSWD the opportunity to participate in or benefit from an aid, benefit, or service provided by the institution. • May not provide different or separate aids, benefits, or services to disabled persons or to any class of disabled persons unless such action is necessary to provide QSWD with aids, benefits, or services that are as effective as those provided to others.

10. Specific Legal Provisions, cont’d Institutions subject to Section 504 and Title II: • Must make modifications to academic requirements necessary to ensure requirements do not discriminate on the basis of disability against a qualified person with a disability.

11. Specific Legal Provisions, cont’d Institutions subject to Section 504 and Title II: • Must take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.

12. Specific Legal Provisions, cont’d • Communications must be “as effective as” communications with non-disabled persons. • College entity must furnish “appropriate” auxiliary aids and services where necessary for equal opportunity. • College must give “primary consideration” to requests of person with disability but is not required to honor preference if effective alternative available.

13. Specific Legal Provisions, cont’d • College is not required to change academic requirements that are essential to • The instruction being pursued by the student; or • Any directly related licensing requirement. • College is not required to alter the fundamental nature of its program. • OCR gives appropriate deference to the academic discretion of a college.

14. Specific Legal Provisions, cont’d • College is not required to provide auxiliary aids or services that it can demonstrate would result in • A fundamental alteration in the nature of its program; or • Undue financial or administrative burdens.

15. Integrated Setting Standard • Both Section 504 and Title II require a college’s services, programs, and activities be administered in the most integrated setting appropriate to the needs of the qualified student with a disability. 28 CFR 35.130(d), see also 34 CFR 104.4(b)(2)

16. PRACTICALCONSIDERATIONS

17. Examples of Digital Information • Web sites • Distance learning • Computer labs and class workstations • E-mail systems • On-line services, e.g., course registration • Library services, e.g., catalog systems • “Business services,” e.g., ticketing

18. Examples of “Traditional” Information • Textbooks • Handouts • Manuals • Reserve Library Materials • Lab books • Lecture notes • Off-line computers used for writing exams, essays, in-class assignments, etc.

19. Tools for Students with Blindness • Tactile controls • “Screen access” -- screen reader software • Speech -- synthesizer or sound card • Refreshable Braille display • Embossing (maps and graphics) • Audio description of videos

20. Tools for Students with Low Vision • Enlarged visual display and magnifying system • Closed captioning • Large print labels and icons • Adjustable colors and contrast • Text to speech to supplement enlargement

21. Tools for Students withHearing Disabilities • Real-time captioning • Transcript of audio content • Visual warning devices • Adjustable pitch, volume • Telephones: hearing aid compatible, TTY • Closed/open captioning

22. Tools for Students withPhysical Disabilities • Voice recognition • Word prediction • Alternative keyboards • Trackball • Modified work station • Adjustable scan rate (screen flicker control)

23. Tools for Students with Learning Disabilities • Simple, clean layout • Consistent navigation • Text-to-speech reading software • Reading machine • Word prediction software • Outlining software • Screen color control • Human tech support

24. To be useful, tools should be… • Available • Working • Current (not obsolete) • In most cases, commonly accepted and widely available • Compatible with institution’s computing environment

25. Tips for Web Site Design • “Alt text” for graphics, symbols, image maps • Color and typeface considerations • Consistency in style and navigation • Short pages • Alternative links

26. Common AT Features for Distance Learning Programs • Text descriptions for images and graphics • Audio narration for text or text that is amenable to a screen reader • Precaptioned audio or simultaneous transcription

27. Possible Approaches to Consider for Providing AT • Build the acquisition of AT into the regular technology acquisition process. • Provide input on disability issues to those setting IT budgets and making IT purchases. • Identify individuals with specific responsibility for evaluating AT needs and procuring and maintaining the technology.

28. Possible Approaches to Consider for Providing AT, cont’d • Identify how the technology will be deployed through the program. • Include AT and accessibility information in: • Student admissions materials and orientations; • Traditional and on-line course design and instruction materials; • Web page administrator materials; • Faculty training.

29. Possible Approaches to Consider for Providing AT, cont’d • Provide information about how QSWDs can request adjustments, aids and alternative formats in publications and Web materials. • Implement methods of monitoring, evaluating and improving the accessibility of courses and for updating information and training given to Web administrators, regular and on-line course designers, and faculty.

30. [Insert Enforcement Office] Office for Civil Rights U.S. Department of Education www.ed.gov/ocr ocr@ed.gov • [Name of Presenter], [Position] [Insert Enforcement Office] • [Insert e-mail address, if desired] • [Insert phone number, if desired]