TOP TEN LIST OF FREQUENTLY ASKED QUESTIONS:
By Stephen L. Daigle
and Sharleen H. Kim
Information Technology Resources
April 2001
10. What is Section 508, its relationship to the
Assistive Technology Act, and what are the legal implications for university IT
managers? Is there a primer or
whitepaper for getting up to speed on the full range of ADA issues for IT
managers in higher education?
On December 21, 2000, the Access Board, an independent
federal agency, issued final accessibility standards for electronic and
information technology under Section 508 of the Rehabilitation Act as amended
in 1998. The standards require that electronic and information technology
developed, procured, maintained or used by the federal government be accessible
to people with disabilities. The regulations, which take effect June 21, 2001,
also apply to federal web sites and purchases of electronic equipment,
including computers, software and photocopiers.
Perhaps the best introduction to issues surrounding
Section 508 is “The Growing Digital
Divide in Access for People with Disabilities: Overcoming Barriers to
Participation in the Digital Economy” by Cynthia Waddell. This paper cites 102 references and
summarizes the legal challenges and technical procedures for addressing
electronic accessibility among the disabled.
1
The Growing Digital Divide in Access for People with Disabilities:
Overcoming Barriers to Participation in the Digital Economy
http://www.icdri.org/the_digital_divide.htm
1
An Overview of Law and Policy for IT Accessibility: A Resource for
State and Local IT Policy Makers
http://www.csun.edu/cod/conf2001/proceedings/0175waddell.html
1
Oregon State University Section 508 and Assistive Technology Act
Briefing Sheet
http://TAP.orst.edu/Policy/508brief.htm
1
Access Board Questions & Answers about Section 508 of the
Rehabilitation Act of 1998
http://www.access-board.gov/sec508/faq.htm
† The Assistive Technology Act of
1998 (Public Law 105-394)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ394.105.pdf
† Federal IT
Accessibility Initiative
† Technology-Based
Assistance for Individuals with Disabilities Act of 1988
http://www.resna.org/tapproject/library/laws/techact88.htm
† Technology-Based
Assistance for Individuals with Disabilities Act of 1988 as Amended in 1994
http://www.resna.org/tapproject/library/laws/techact94.htm
9. What are the
Section 508 standards and criteria for accessible technology?
The federal Access Board is the authoritative source
for Section 508 accessibility standards.
The WebAIM organization at Utah State University has done an excellent
job of relating those standards to institutions of higher education.
The standards themselves define the types of
technology covered and set forth provisions that establish a minimum level of
accessibility. The application section (1194.2) outlines the scope and coverage
of the standards. The standards cover the full range of electronic and
information technologies, including those used for communication, duplication,
computing, storage, presentation, control, transport and production. This
includes computers, software, networks, peripherals and other types of
electronic office equipment. The standards define electronic and information
technology, in part, as "any equipment or interconnected system or subsystem
of equipment, that is used in the creation, conversion, or duplication of data
or information."
The standards provide criteria specific to various
types of technologies, including:
·
software applications
and operating systems
·
web-based information or
applications
·
telecommunication
products
·
video and multimedia
products
·
self contained, closed
products (e.g., information kiosks, calculators, and fax machines)
·
desktop and portable
computers
The standards also provide technical specifications
and performance-based requirements that focus on the functional capabilities of
covered technologies. The performance requirements are intended for overall
product evaluation and for technologies or components for which there is no
specific requirement under the technical standards. They cover operation,
including input and control functions, operation of mechanical mechanisms, and
access to visual and audible information.
Finally, the standards address access to all
information, documentation, and support provided to end users of covered
technologies. This includes user guides, installation guides for end-user
installable devices, and customer support and technical support communications.
1
U.S. Department of Education, Office of Special Education and
Rehabilitative Services, Letters of June 30, 1999 and April 21, 2000, and
Questions and Answers about Section 508. (Hardcopy only)
1
Access Board Standards for Electronic and Information Technology: An
Overview
http://www.access-board.gov/sec508/summary.htm
1
Access Board Final Standards for Electronic and Information Technology
http://www.access-board.gov/news/508-final.htm
† WebAIM Guidelines for
Higher Education Institutions for Web Accessibility and Universality
http://www/webaim.org/standards
8. Are
there existing or past court cases, or federal letters and guidelines, of
relevance? Do any involve higher
education or CSU campuses?
The case law is ongoing.
There are no definitive judgments that apply to higher education. The Department of Education Office of Civil
Rights (OCR) has jurisdiction over complaints filed on campuses. The courts
have held that a public entity violates its obligations under the Americans
with Disabilities Act when it simply responds to individual requests for
accommodation on an ad-hoc basis. A
public entity has an affirmative duty to establish a comprehensive policy in
compliance with Title II in advance of any request for auxiliary aids or
services [see Tyler v. City of Manhattan, 857 F. Supp. 800 (D. Kan.
1994)]. A recognized good practice in
establishing such a comprehensive policy is to consult with the disability
community, especially those members most likely to request accommodations. In another case, Board of Trustees of the
University of Alabama et al. v.
Garrett et al., courts have held that plaintiffs can sue for injunctive relief but
not punitive damages in general ADA matters.
In February 2001, the US Supreme Court held that state employees could
not sue the state under federal ADA law (Title I), although they still could
sue under applicable state laws. The
California Community Colleges have been involved in a major ADA case since 1996
revolving around distance education, and at least three CSU campuses have
received letters of complaint from the OCR in recent years (Long Beach, Los
Angeles, and San Jose).
1
Technology Access and the Law (Oregon State University)
http://TAP.orst.edu/Policy/techlaw.html
† Department of Justice
Section 508 Homepage
http://www.usdoj.gov:80/crt/508/archive/old508home.html
† The Access Board
† List of Applicable Laws
http://www.resna.org/taproject/library/inforesources.html
† Department of
Education-Office of Civil Rights Division Complaint Letters to the CSU and
Community Colleges
http://www.rit.edu/~easi/law/lbeach.htm
http://www.rit.edu/~easi/law/csula.htm
http://www.rit.edu/~easi/law/sjsu.htm
http://www.rit.edu/~easi/law/sjsu2.htm
† Section 508 Audit
† Board of Trustees of the University
of Alabama et al. v. Garrett et al.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=99-1240
7. What are
some examples of 508 policy statements, implementation plans, and how-to's for
institutions of higher education? Are
there 508 Web accessibility checklists and guidelines?
There are several examples of accessibility policies in
higher education, including some from CSU campuses (Fresno, San Marcos, and San
Jose). Implementation plans are more
difficult to find. However, there is no
shortage of 508-related checklists and guidelines for developing such plans for
hardware, software, and the Web (e.g., those from the W3C and Oregon State
University).
Policy
Statements
† CSU Fresno Web
Accessibility Planning
http://www.csufresno.edu/webaccess
† CSU San Marcos
Accessibility Statement
http://www.csusm.edu/accessibility
† Yale University
Library’s Library Services for People with Disabilities Services Policy
Statement and Web Accessibility Guidelines
http://www.library.yale.edu/Administration/SQIC/SPD1.html
† MIT’s Web Accessibility
Policy
http://web.mit.edu/ada/waccess.html
† San Jose State
University World Wide Web Policies and Guidelines
http://www.sjsu.edu/pubs/webpolicy
† California Community
College Policy
http://www.htctu.fhda.edu/dlguidelines/final%20dl%20guidelines.htm
† University of
Wisconsin-Madison Policy Governing World Wide Web Accessibility
http://www.wisc.edu/wiscinfo/policy/wwwap.html
Checklists
1
Department of Justice Software and OS Accessibility Checklist (Hardcopy
Only)
1
WebAIM Section 508 Web Accessibility Checklist for HTML (Hardcopy Only)
† WebAIM
http://www.webaim.org/standards/508/508checklist.pdf
† Section 508 Summary
Table
http://www.icdri.org/section_508_summary_table.htm
† University of
Washington Do-IT: Accessible Web Page Design Resources
http://www.washington.edu/doit/resources/web-design.html
Guidelines
1
Department of Education Requirements for Accessible for Electronic and
Information Technology Design
http://gcs.ed.gov/coninfo/Clibrary/software.htm
1
Oregon State University Hardware Access Guidelines
http://TAP.orst.edu/Policy/hard.html
1
Oregon State University Software Access Guidelines
http://TAP.orst.edu/Policy/soft.html
1
Oregon State University Web Accessibility Guidelines
http://TAP.orst.edu/Policy/web.html
1
W3C-Fact Sheet for “Web Content Accessibility Guidelines 1.0”
http://www.w3.org/1999/05/WCAG-REC-fact
1
W3C-Fact Sheet for “Authoring Tool Accessibility Guidelines 1.0”
http://www.w3.org/2000/02/ATAG-FAQ
† Oregon State University
Report: Distance Education and Individuals with Disabilities
http://TAP.orst.edu/Policy/de.html
† W3C-Web Content
Accessibility Guidelines 1.0
† W3C-Checklist of
Checkpoints for Web Content Accessibility Guidelines 1.0
http://www.w3.org/TR/WCAG10/full-checklist.html
† Yale University Web
Accessibility Guidelines
http://www.library.yale.edu/Administration/SQIC/SPD2.html#s3
6. What
Web-based tools exist for responding to Section 508 standards?
BOBBY is probably the best-known general evaluation
tool. It is a free downloadable service
to help Web developers in identifying and repairing significant barriers to
technology accessibility. W3C has
prepared one of the most comprehensive inventories of assessment and repair
tools.
1
W3C: Evaluation, Repair, and Transformation Tools for Web Content
Accessibility
http://www.w3.org/WAI/ER/existingtools.html
† Bobby Accessibility Validator:
Center for Applied Special Technology
† W3C HTML Validation
Service
† Jaws Validator
† Pennsylvania Initiative
on Assistive Technology (PIAT) WAVE Accessibility Validator
http://www.temple.edu/inst_disibilities/piat/wave/
5. What are the
leading technologies, who are the leading vendors, and what are the key
questions and costs associated with assistive technologies?
The Technology Access Program (TAP) at Oregon State
University has compiled useful lists of vendors, programs, and Web resources
for various forms of disabilities. The
last link below offers a checklist of access-related questions to ask when
purchasing technology.
† Hearing Assistance
Resources
http://TAP.orst.edu/HEARING.HTM
† TDD/TTY Resources
† Deafness Resources
http://TAP.orst.edu/DEAFNESS.HTM
† Telecommunication
Resources
http://TAP.orst.edu/TELECOMM.HTM
† Computer Access
Resources
http://TAP.orst.edu/COMPUTER.HTM
† Low Vision Resources
http://TAP.orst.edu/LOWVIS.HTM
† Technology Access Resources
http://TAP.orst.edu/technolo.html
† Basic Questions to Ask
When Purchasing Technology
http://www.resna.org/tap/aet_bpqu.htm
4.
What professional organizations,
associations, or working groups routinely monitor 508 developments, and how can
they be contacted?
Some of the major ones are listed below. For example, the Rehabilitative Engineering
and Assistive Technology Society of North America (RESNA) sponsors an annual
conference and exhibits, publishes the journal, Assistive Technology, and
offers a credentialing program in assistive technology. RESNA is accredited by the American National
Standards Institute (ANSI) and the International Standards Organization (ISO)
to develop standards for assistive technology.
Within higher education, the EASI program at the Rochester Institute of
Technology is a project of the AAHE TLT Group, and the University of Washington’s
Do-It initiative offers a wide range of professional development programs,
especially for faculty.
1
WebAIM-Web Accessibility in Mind
†
Rehabilitative
Engineering and Assistive Technology Society of North America (RESNA)
† International Center
for Disability Resources on the Internet (ICDRI)
† World Wide Web
Consortium (W3C)
† W3C-Education &
Outreach Working Group
† Disability Related
Organizations
http://www.access-board.gov/links/disability.htm
† Equal Access to
Software and Information (EASI), Project
of AAHE TLT Group
† Accessible Web
Authoring Resources and Education Center (AWARE)
† Do-It
http://www.washington.edu/doit
† CPB/WGBH National
Center for Accessible Media (NCAM)
http://www.main.wgbh.org/wgbh/pages/ncam
† University of Wisconsin Trace
Center
http://trace.wisc.edu/world/web/index.html
3. What general
references, readings, links, conferences, workshops, etc. would be useful for
responding to 508?
Anything and everything from the W3C Web Accessibility
Initiative (WAI) is required reading.
The University of Wisconsin, Madison Trace Center is a major resource as
well. The CSU, Northridge annual
conference on assistive technology is a significant event for all professionals in the field. Several organizations also offer formal
seminars, workshops, certificate, and credential programs for professional
development.
General
References:
1
Accessibility of The Internet In Postsecondary Education: Meeting The
Challenge
http://www.webaim.org/articles/whitepaper.htm
1
Department of Justice Section 508 Resource Guide
http://www.usdoj.gov:80/crt/508/archive/oldresource.html
1
W3C Web Accessibility Initiative (WAI)
1
W3C WAI Resources
http://www.w3.org/WAI/Resources/#ch
1
W3C-References on Web Accessibility
http://www.w3.org/WAI/References/
1
University of Wisconsin, Stevens Point-Accessible Webpage Design:
Resources
http://library.uwsp.edu/aschmetz/accessibile/pub_resources.htm#guidelines
1
University of Wisconsin, Madison Trace Center Web Accessibility
Resources
http://www.trace.wisc.edu/world/web/index.html
1
WebAIM Valuable Resources Links (Hardcopy Only)
† Communication and
Information Technology Resources
http://www.access-board.gov/links/communication.htm
† Proceedings of the
CSUN’s 16th Annual International Conference
http://www.csun.edu/cod/conf2001/proceedings/index.html
Readings
† Technology and
Disability Journal
† W3C-Technical Reports
and Publications
Conferences
† Assistive Technology
Industry Association Conference
† CSUN Technology and
Persons with Disabilities Conference
† Consortium of Academic
Technology Staff-CATS
Listservs
† W3C: w3c-wai-ig@w3.org
Workshops
1
Equal Access to Software and Information (EASI) Workshops
http://www.rit.edu/~easi/workshop.htm
† Assistive Technology
Applications Certificate Program (ATACP)
http://www.csun.edu/codtraining
† University of
Washington DO-IT? Programs and Resources
http://weber.u.washington.edu/~doit
† WebABLE! Solutions
Seminars and Workshops
† WebAIM Courses
2.
Are there any immediate
tasks IT managers should set in motion to comply with 508?
In the absence of definitive case law at the moment, simple
prudence dictates that IT managers do the following:
a. Using the tools identified above, conduct a
thorough, campus-wide accessibility evaluation of all hardware, software,
network, training, and support resources in addition to Web sites. Make the assessment inventory available to
the relevant stakeholders together with the necessary information for complying
to Section 508.
b. Initiate development of an institutional
policy on IT accessibility for the disabled.
c. Prepare one or multiple implementation plans
for responding to the various regulations in Section 508, with timelines and
budget estimates.
d. Keep detailed electronic and hardcopy
documentation of IT procurement processes and products, including testing for
accessibility among disabled populations.
e. Monitor Section 508 legal and technical
developments through the organizations and resources noted above.
1. Can my
campus be sued, am I personally liable, could I lose my job, etc. over Section
508 and have to cancel my Hawaiian vacation that I was really looking forward
to……………….?
Hard to
say……………….
The authors acknowledge the advice and assistance of Karen
Henderson-Winge, Director of Diversity Programs at the CSU Office of the Chancellor and
Adra Hallford, Web Developer at CSU San Marcos in preparation of this
document. Any errors or omissions are
the responsibility of the authors.