Office for Civil RightsOffice for Civil RightsU.S. Department of EducationU.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.

Assistive Technology Assistive Technology and Digital Information and Digital Information

Access for Access for Individuals with Individuals with

DisabilitiesDisabilities

[INSERT NAME OF EVENT]

[INSERT DATE]

What We Will CoverWhat We Will Cover

Legal Considerations

Practical Considerations

LEGALLEGALCONSIDERATIONSCONSIDERATIONS

Applicable Laws Enforced by Applicable Laws Enforced by OCROCR

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.

Types of Entities We Types of Entities We CoverCover

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

Entities’ Compliance Entities’ Compliance Responsibilities Include…Responsibilities Include…

On-Campus programsInstitution-sponsored off-campus

programs, including distance learning, athletic and extracurricular programs

Provisions of significant assistance to other programs

Qualified Student With a Qualified Student With a Disability (QSWD) in Disability (QSWD) in

PostsecondaryPostsecondaryA 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.

Specific Legal ProvisionsSpecific 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.

Specific Legal Provisions, Specific Legal Provisions, cont’dcont’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.

Specific Legal Provisions, Specific Legal Provisions, cont’dcont’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.

Specific Legal Provisions, Specific Legal Provisions, cont’dcont’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.

Specific Legal Provisions, Specific Legal Provisions, cont’dcont’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.

Specific Legal Provisions, Specific Legal Provisions, cont’dcont’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.

Integrated Setting Integrated Setting StandardStandard

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)

PRACTICALPRACTICALCONSIDERATIONSCONSIDERATIONS

Examples of Digital Examples of Digital InformationInformation

Web sitesDistance learningComputer labs and class workstationsE-mail systemsOn-line services, e.g., course

registration Library services, e.g., catalog systems“Business services,” e.g., ticketing

Examples of “Traditional” Examples of “Traditional” InformationInformation

TextbooksHandoutsManualsReserve Library MaterialsLab booksLecture notesOff-line computers used for writing exams,

essays, in-class assignments, etc.

Tools for Students with Tools for Students with BlindnessBlindness

Tactile controls

“Screen access” -- screen reader software

Speech -- synthesizer or sound card

Refreshable Braille display

Embossing (maps and graphics)

Audio description of videos

Tools for Students withTools for Students with Low Vision 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

Tools for Students withTools for Students withHearing DisabilitiesHearing Disabilities

Real-time captioning

Transcript of audio content

Visual warning devices

Adjustable pitch, volume

Telephones: hearing aid compatible, TTY

Closed/open captioning

Tools for Students withTools for Students withPhysical DisabilitiesPhysical Disabilities

Voice recognition

Word prediction

Alternative keyboards

Trackball

Modified work station

Adjustable scan rate (screen flicker control)

Tools for Students with Tools for Students with Learning DisabilitiesLearning Disabilities

Simple, clean layout

Consistent navigation

Text-to-speech reading software

Reading machine

Word prediction software

Outlining software

Screen color control

Human tech support

To be useful, tools should To be useful, tools should be…be…

• Available

• Working

• Current (not obsolete)

• In most cases, commonly accepted and widely available

• Compatible with institution’s computing environment

Tips for Web Site DesignTips for Web Site Design

“Alt text” for graphics, symbols, image maps

Color and typeface considerations

Consistency in style and navigation

Short pages

Alternative links

Common AT Features for Common AT Features for Distance Learning Distance Learning

ProgramsProgramsText descriptions for images and

graphicsAudio narration for text or text that

is amenable to a screen readerPrecaptioned audio or simultaneous

transcription

Possible Approaches to Possible Approaches to Consider for Providing ATConsider 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.

Possible Approaches to Possible Approaches to Consider for Providing AT, Consider for Providing AT,

cont’dcont’dIdentify 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.

Possible Approaches to Possible Approaches to Consider for Providing AT, Consider for Providing AT,

cont’dcont’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.

[Name of Presenter], [Position][Insert Enforcement Office]

[Insert e-mail address, if desired] [Insert phone number, if desired]

[Insert Enforcement Office]Office for Civil RightsU.S. Department of Educationwww.ed.gov/ocrocr@ed.gov