Exploring the latest online accessibility suits and compliance findings

Raymond RoseRose & Smith Associates

3/29/2017 11:00 AM - 11:50 AM

Slides available at http://Slideshare.Net/RaymondRose

Do You Know These?

A11yADA DoJOCRSection 504

Section 508 Section 508 refreshUDLWCAG 2.0 AA

Background• K-12 educator• Civil Rights Specialist with Mass Dept of Education• Civil Rights Specialist/Manager New England equity assistance center• Virtual High School designer/manager• 1st virtual school special needs policy• 2007 1st publication access and equity in online education• Faculty, Instructional Technology and Distance Learning Coordinator,

Huston-Tillotson U.• Technical Working Group, Center on Online Learning and Students with

Disabilities• Access and Equity for All Learners in Blended and Online Education

Terms To Know

A11yADA (Americans with Disabilities Act)Section 504 of the Rehabilitation Act 1973Section 508 of the Rehabilitation Act 1973

Section 508 refreshUS Dept of Justice (DoJ)US Dept of Ed Office for Civil Rights (OCR)WCAG 2.0 AAUniversal Design for Learning (UDL)

Most Recent Findings

K-1211 institutions in 7 states (June 2016)

Higher EducationUC Berkeley (August 2016)Dudley (and DoJ) vs Miami (October 2016)

11 Institutions in 7 Western statesLaws cited: (OCR)

Section 504 of the Rehabilitation Act 1973Title II of Americans with Disabilities Act (1990)

Website Issues:Alt Tags, color contrast, captioning, requiring mouse to navigate

Corrective Actions•Audit website (independent auditor)•Adopting polices and procedures to ensure all new

and modified content will be accessible.•Makin all new content accessible•Developing corrective action plan•Posting notice – how to request access or report

issues•A11y Training for all appropriate staff

UC Berkely

Law cited: ADA (complaint DoJ)

MOOC Issues:No or improper captionsColor contrast and color only directionDocument format issuesLinks not keyboard accessibleFailure to follow on policies on web a11y.

Corrective Action

•Pay compensatory damages•Develop system to monitor compliance•Develop and implement procedures to ensure

compliance with WCAG 2.0 AA•Develop mechanisms and implement procedures to

solicit, receive, respond to barriers of access

UC Berkeley’s Response

Materials no longer available after March 15, 2017

Analysis

Narrowly constructed finding based on a complaint.

Digital content behind passwords were not included in the original complaint nor in the letter of finding.

Miami (OH) UniversityLaws Cited: (DoJ with private person and NFB)

Title II Americans with Disabilities ActSection 504 of the Rehabilitation Act

Issues:LMS and WebsiteAssistive TechnologiesTech Procurement

Consent Decree (56 +13 pages)•Modify policy, practice and procedures•Make websites and subdomains accessible• Includes 3rd party websites (e.g. housing, dining,

registration, bill pay, etc)• Videos

• LMS• Curricular Materials (texts, workbooks, articles,

presentations, graphics, etc)• Accessibility Technology Coordinator• Training (everybody)

Corrective Actions• Designate Web A11y Coordinator – reporting to VP for IT• Ensure LMS (Canvas) conforms to WCAG 2.0 AA• Provides students registered with SDS accessible curriculum

materials• Communicate with students registered with SDS regularly to

ensure they are getting services and accessible materials.• Train personal responsible for making materials accessible• Cause all websites and web applications to conform to WCAG

2.0 AA• Create, distribute, implement accessible technology policy

Corrective Actions

• Designate Accessible Technology Coordinator – reporting to VP for IT• Create Accessibility Committee• Provide mandatory accessible technology training to all annually• Create Accessible Educational Resources Portal• Make technology procurement process ensure products meet

appropriate A11y standards.• Conduct automated a11y test of website every 3 months.• Conduct University-wide a11y audit of digital technologies

Corrective Actions

• Amend Accommodations Request Form to include Grievance form/process• Evaluate Student Disability Services (SDS) • adequately staffed, • effective and appropriate practice

Analysis

Most prescriptive and detailed Consent Decree to date.

Focuses first on services to students registered with SDS and then more broadly on all digital resources

Broad training mandates

OCR’s Operational Definition

“those with a disability are able to acquire the same information and engage in the same interactions — and within the same time frame — as those without disabilities.”

OCR Compliance Review 11-11-2128, 06121583, paraphrased from 11-13-5001, 10122118, 11-11-6002

Contact Information

Raymond RoseRay@rose-smith.com

Copies of slides are available at:http://Slideshare.net/RaymondRose

And my blog:http://rmrose.blogspot.com

WCAG at a Glance

Perceivable• Provide text alternatives for non-text content.• Provide captions and other alternatives for

multimedia.• Create content that can be

presented in different ways, including by assistive technologies, without losing meaning.

• Make it easier for users to see and hear content.Operable• Make all functionality available from a keyboard.• Give users enough time to read and use content.• Do not use content that causes seizures.• Help users navigate and find content.

Understandable• Make text readable and understandable.• Make content appear and operate in

predictable ways.• Help users avoid and correct mistakes.Robust• Maximize compatibility with current and future

user tools.

Web Content Accessibility Guidelines 2.0

• http://webaim.org/standards/wcag/WCAG2Checklist.pdf• https://www.w3.org/WAI/WCAG20/glance/

Texas Administrative CodeTITLE 1 ADMINISTRATIONPART 10 DEPARTMENT OF INFORMATION RESOURCESCHAPTER 206 STATE WEBSITESSUBCHAPTER C INSTITUTION OF HIGHER EDUCATION WEBSITESRULE §206.70 Accessibility

(a) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new or changed web pages must comply with:

(1) the standards described in Section 508 Subpart B §1194.22, paragraphs (a) through (p), excluding paragraphs (b) and (k);

(2) the standards and specifications described in this section; and

(3) the standards and specifications applicable to an institution of higher education's accessibility policy described in §213.41 of this title.

(b) Based on a request for accommodation of a webcast of a live/real time open meeting (Open Meetings Act, Texas Government Code, Chapter 551) or training and informational video productions which support the institution of higher education's mission, each institution of higher education must consider alternative forms of accommodation. Refer to §206.1 of this chapter for definitions for Alternate Formats and Alternate Methods.

(c) An alternative version page, with equivalent information or functionality, must be provided to make a website comply with the provisions of this section, when compliance cannot be accomplished in any other way. The content of the alternative page must be updated whenever the primary page changes.

(d) Effective September 1, 2006, unless an exception is approved by the agency head or an exemption has been made for specific technologies pursuant to §213.37 of this title, all new or changed web page/site designs must be tested by the institution of higher education using one or more Section 508 compliance tools in conjunction with manual procedures to validate compliance with this chapter.

(e) An institution of higher education must establish an accessibility policy as described in §213.41 of this title which must include criteria for monitoring its website for compliance with the standards and specifications of this chapter. Additional information about testing tools and resources are available on the Department's website.

(f) Each state website should be designed with consideration for current and emerging Internet connection technologies available to the general public.

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ResourcesPDF Information: Adobe and Accessibility websitewww.adobe.com/accessibility.html

http://www.adobe.com/content/dam/Adobe/en/accessibility/products/acrobat/pdfs/acrobat-xi-accessibility-checker.pdf

http://webaim.org/techniques/acrobat/acrobat

Creating Accessible Tables and Data Tableshttp://webaim.org/techniques/tables/

http://webaim.org/techniques/tables/data

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Resources

10 Free Screen Readers

http://usabilitygeek.com/10-free-screen-reader-blind-visually-impaired-users/

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Resource

FREE Screen ReaderNVDA http://www.nvaccess.org/

NVDA (NonVisual Desktop Access) is a free “screen reader” which enables blind and vision impaired people to use computers. It reads the text on the screen in a computerized voice. You can control what is read to you by moving the cursor to the relevant area of text with a mouse or the arrows on your keyboard.

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ResourceColor Blindness Simulator

http://www.seewald.at/en/2012/01/color_blindness_correction_and_simulator

See through the eyes of your red, green or blue colorblind student.

Android only

Most Frequently Cited OCR Findings

• Lack of Alternative Text on All Images• Documents Not Posted in an Accessible Format• Lack of Captions on All Videos and the Inability to Operate Video

Controls Using Assistive Technology• Improperly Structured Data Tables• Improperly Formatted and Labeled Form Fields• Improper Contrast Between Background and Foreground Colors