Disability Access to Distance Learning, Web Sites and Technology
Presentation by Paul D. Grossman, Civil Rights Attorney and Professor, Hastings College of Law
4/17/2003
UH Richardson School of Law

Background
6 - 8 % of college students are disabled
16% blind or low vision
9% deaf
7% orthopedic impairments
40% learning disabled

Studies show that the persistence rate of college students with disabilities is dependent upon their ability to advocate and accommodate for themselves and their familiarity with information technology.

Electronic Barriers to Students with Disabilities
Web sites
Distance Learning
Computer labs and workstations
E-mail systems
Online services
Library services
Business services

A Few Remedies
Screen readers
Accessible navigation
Tagged or narrated pictures

The best way to test your website for accessibility is to "Turn off the screen and try it."

Concepts of Equal Treatment
Not relegated to inferior facility
Not separate
Remove unnecessary screening criteria
Take dissimilarity into account

ADA/504 Regulations
All buildings built or altered after 1977 must meet federal architectural access standards. Everything else must be program accessible. Objective of the ADA is independence and autonomy.

Application to Distance Learning
If DL falls under "new construction," there are no exceptions.
If DL falls under "program access," then accessible alternatives can be provided.

508 Regulations
Public entities must provide equal opportunity for effective communication.

Definition of Effectiveness
Timeliness
Magnitude of flexibility
Accuracy
Appropriate format

The user counts. Primary consideration must be given to the user's accommodation requests; however, the College may choose other equally effective means of accommodation.

Uniqueness of Online Information
Saveable
Cut and pasteable
Forward and backward searchable
Available 24 - 7
World-wide access

Information must be made available in the most integrated setting possible.

Case Law
Access Now v. Southwest Airlines Southwest does 50% of business on its web site which is not accessible to persons with disabilities. Court decided Southwest's web site is not a public entity because it is not the only means of access for Southwest customers.

Martin v. MARTA
MARTA, a public transit authority, runs a web site that offers better deals for customers who do order tickets online. Court decided MARTA must make its web site accessible for persons with disabilities.

Office of Civil Rights View
Exchange of information is fundamental to education. Colleges must provide equal opportunity. College is non-compliant if the way it does business is a barrier to educational opportunities

Priority for Digitization of Books
1. Materials of most frequent use by students.
2. Materials with long shelf life.

Best Practices
California CC System has a High Tech Training Center that assists all CC's by maintaining a web listing of taped books available in the system. It is also the secure conduit for digital copies of books from the publishers to the high speed brailler on each campus.

Accessible Website Info
Info@realchoices.org

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