This presentation was tailored
to SLCC and our specific needs.
The presenter has specifically
Requested that we do not share it
with anyone outside the institution.
It may be used for internal
information and training only.
For questions, contact Universal Access Committee co-chairs:
Candida Darling, Director DRC (801-957-4928)
Nancy Sanchez, ADA Coordinator (801-957-4041)
ADA Program Access
Self Assessment and
Transition Plans
Salt Lake Community College
July 30, 2012
These materials are provided for informational
purposes only and are not to be construed as
legal advice. You should seek independent
counsel to resolve the individualized legal issues
that you are responsible to address.
Presentation Outline
Legal Background
New Regulations (Effective 3-11)
Duties of Covered Entities
Self Evaluation and Transition
Plan Nuts and Bolts
Evaluating Compliance with
New Regulations
Service Animals
Use of Wheelchairs and Power
Driven Mobility Devices
Effective Communication
Auxiliary Aids and Services
TTY and Relay calls
Qualified Interpreter Defined
Qualified Reader Defined
Examinations and Courses
(May 2012 Documentation
Website and Technology
Equipment (ATM’s/Kiosks)
Adoption of 2010 ADAAG
2010 Standards effective 315-12
Reservation Systems
Swimming Pools and
Recreational Issues
Emergency Evacuation
Emergency Continuing
Operations Plan
Three Pillars of the Case for
Accommodating Persons with
(1) This is a Human
 A society is no better than how it treats its most
vulnerable persons (Germany)
 Learning and thinking define us as human beings—it
isn’t always about employment
 (2) Disability is a form of diversity
 Adds to the classroom
 An engine for innovation
 Serves the disability community with professionals
who have “walked in my shoes.”
The Third Pillar: This is a Civil
Right Mandated by Statute
(3) It is the law
 It is founded upon many well established
principles as race, gender, national origin
 It came about through struggles and
strategies common to other civil rights
Legal Authorities and Jurisdiction
Individuals with Disabilities Education Act (IDEA):
every public elementary and secondary school
Section 504 of the Rehabilitation Act of 1973 (primary
regulation for higher education) 34 C.F.R. section 104
and appendix A. - FFA
The American’s with Disabilities Act of 1990 – FFA
not required
 Title I - employment (employers with over 25
employees-(an alternate to OCR)
 Title II - public programs (key deaf/blind regs.)
 Title III – “public accommodations”
State Law (different definition of disability?)
508 for Federal Agencies inferred reasonable by ADA
Persons not disabled under ADA may be “eligible” under
other laws
Who is Protected
An individual with a “disability” is any person
 has a physical or mental impairment that
substantially limits one or more major life
 has a record of such impairment or
 Raytheon Co. v. Hernandez, U.S. Supreme Court (2003)
 is regarded as having such an impairment
ADA Provisions – Title II
Title II: Public Services by State and Local
General Rule: No qualified individual with a
disability shall, by reason of such disability, be
excluded from participation in or be denied the
benefits of the services, programs, or activities
of a public entity, or be subjected to discrimination
by any such entity
Title II Program Access
Must be delivered in the most integrated
setting appropriate
 May Require Entities to:
 Relocate service to accessible facility
 Provide aides or auxiliary services
 Provide benefits or services in alternative
accessible formats
Title III: Private Entities and
Public Entities Providing Public
Title III covers private entities: public
accommodations, commercial facilities,
examinations and courses related to
licensing or certification, and transportation
provided to the public by private entities
 Public entities providing public
accommodations can’t contract away the
duty under Title II
Title III (cont.)
Title III: Public Accommodations and
Services Operated by Private Entities.
 General Rule: No individual shall be
discriminated against on the basis of
disability in the full and equal
enjoyment of the goods, services,
facilities, privileges, advantages, or
accommodations of any place of public
accommodation by any person who owns,
leases (or leases to), or operates a place
of public accommodation
Investigation by designated agency or DOJ
Compliance review
Agency referral to DOJ or
Withholding funds (OCR)
DOJ litigation
Suits by individuals
Recent Settlement Agreements
OCR Letter to L.A. Unified School District
 DOJ Project Civil Access
 Kansas City, Missouri 7/25/12
 Randolph County, Georgia 7/24/12
 City of Wills Point, Texas 7/24/
 One month to distribute to all persons – employees
and contractors – who design, develop, maintain,
or otherwise have responsibility for content and
format of its website(s) or third party websites
used by the City (Internet Personnel) the technical
assistance document, “Accessibility of State and Local
Government Websites to People with Disabilities,” ).
DOJ Project Civil Access (cont.)
 Three months and then throughout the life of the
Agreement, the City will do the following:
 Establish, implement, and post online a policy that its
web pages will be accessible and create a process for
 Ensure that all new and modified web pages and
content are accessible;
 Develop and implement a plan for making existing
web content more accessible;
 Provide a way for online visitors to request accessible
information or services by posting a telephone number
or e-mail address on its home page; and
 Periodically (at least annually) enlist people with
disabilities to test its pages for ease of use
OCR Guidance for Web
(Tyler v. City of Manhattan, 857 F.Supp. 800
H: Postsecondary institution violated its obligations
under the ADA when it only responded on a caseby-case or ad hoc basis to individual requests for
Public entity has an affirmative duty to develop a
comprehensive policy in advance of any request.
(OCR 09-97-2002.RES).
ADA/504 Risk Management
Coverage Implications
Policy excludes coverage of claims for
injunctive relief.
By Rule, Risk must consult and agree
before if an entity denies a request for
June 29, 2010 DOJ/OCR Letter
Regarding Inaccessible Technology:
Expressed “concern” for Electronic book readers that
are not accessible to the vision impaired
Requests Universities to refrain from using
inaccessible technology
Office of Ed and DOJ are on the same page regarding
this issue
Suit against University of Arizona was for Injunctive
Relief- specifically make the technology accessible or
stop using it
What is your ROI if you purchase equipment you can’t
Where These Laws Apply?
In EVERY program or activity: academic and
non-academic settings
In field placements (an area particularly subject
to compliance issues)
All events
In the “virtual world” (web pages etc.)
But not always overseas
Covered Services: EVERY Program
Service, and Activity You Offer
Course Materials
 Websites / Online
 Testing / Tutoring
 Admissions
 Financial Aid
 Athletics
 Library
 Alumni Affairs
 Transportation
 Child Care
Physical Access to
 Emergency
 Food Services
 Housing / Parking
 Community Events /
 (plays, concerts,
 Voting
To Whom Do These Laws Apply?
Applicants for services
Applicants for licensure
The non-retaliation provisions apply to everyone
2008 ADA Amendments Act
Effective 1-1-09
Ensures equal access to employment
opportunities and public accommodations
for people with disabilities
 Congress identified the full participation,
inclusion and integration of people with
disabilities into society as a national goal
Intent of the ADA-AA
Greatly Expands the Number of Individuals
who are Covered by the ADA
 Congress wants entities (and courts) to
focus on:
(1) whether entities under ADA have
complied with their obligations; and
(2) does not want extensive analysis in
determining if an impairment is a disability
New Title II and III Regulations
Compliance by March 15, 2011
Service Animals
Use of Wheelchairs and Power Driven
Mobility Devices
Effective Communication/Auxiliary Aids and
TTY and Relay calls
Qualified Interpreter Defined
Qualified Reader Defined
Examinations and Courses (May 2012
Documentation Guidelines)
New Title II and III Regulations (cont).
Website and Technology
Adoption of 2010 ADAAG 2010 Standards
effective 3-15-12
Reservation Systems
Lodging (USU)
Swimming Pools and Recreational Issues
Emergency Evacuation
Emergency Continuing Operations Plan
(consider transport or work at home for those
with public transportation requirements)
2010 ADA Accessible Design
Adoption of 2004 ADAAG (2010 standards)
 Effective March 15, 2012
 New Construction and Alterations
 All new standards must be addressed by
March 15, 2012 (pools, play areas, fishing
piers, residential facilities) because there
were previously no standards
Safe Harbor Inapplicable To:
Elements that were not covered by  Play areas (§§206, 240,
1991 or UFAS.
 Residential facilities
 Amusement rides (§§234
and 1002)
 Recreation boating
facilities (§§206, 235, 1003)
 Exercise machines and
equipment (§§236 and
 Fishing piers and platforms 
(§§206, 237, 1005)
 Golf facilities (§§206,238,
 Miniature golf courses
(§§206, 239, 1007)
Saunas and steam rooms
(§§241, 304, 612, 903)
Swimming pools, wading
pools and spas (§§242 and
Shooting facilities with
firing positions (§§243 and
Misc. (§§206.2, 206.7,
 Team player seating
 Accessible route to bowling
 Accessible route in court
sports facilities
Construction Guidance
If the construction was started after July, 1992
and before September 10, 2010, it can comply
with the UFAS or the 1991 Standards. (Except
for the elevator exemption)
 If the construction was started after September
10 and before March 15, 2012, it may comply
with the 2010 Standards, UFAS or the 1991
standards (except for the elevator exemption)
 If the construction is started after March 15,
2012, then the 2010 standards apply
Duties of a Covered Entity
Complete a Self Evaluation by 1-26-93
Prepare a Transition Plan for structural
renovations by 1-26-95
Duty: Self Evaluation
A self evaluation was due to be completed by
January 26, 1993
The new rule required that the entity within 1 year,
shall evaluate current services, policies and
practices and the effects thereof and make
modifications as needed
For 3 years, the entity shall keep a list of the
interested persons consulted in the review,
description of the areas examined and the
problem identified, and a description of the
If it was completed previously, the review can
apply only to policies and practices not
included in the previous self evaluation.
 Better Practice: Review them All
Duty: Transition Plan
A transition plan was required by January 26, 1992 to
remove barriers identified in the self evaluation for
government entities with greater than 50 employees
(combined full and part time)
 Less than 50 employees, public entities still need to
evaluate programs for discrimination…but no Transition
Plan was required
 However, Title II requires a tool to address
discrimination in access to ALL programs which
equates to a transition plan
Why Now?
Program Access Includes Policy Review and
Modification to allow equal access
 You must show your work
 If you do not assess you current state of
compliance how will you know whether you are
compliant with new regulations?
 If you do not document your plan to
compliance, how will you ensure you become
OCR Letter to North Carolina State
Agreed to develop a plan with input from
appropriate groups, on and off campus, to
devise and implement campus-wide
accessibility standards for electronic and
information technology.
 The plan was submitted to OCR for review and
the agency indicated that the school must
include a "process by which the University
will ensure comparable access for students
with disabilities to official University websites."
(OCR 11-98-2046.LLA).
OCR Letter to Cal State University,
Fresno (6-2011)
“University must act continuously and
proactively to identify and remedy barriers to
 Agreement: imposed an updated self eval and
transition plan
Benefits of Self Evaluation and
Transition Plan
Following your transition plan:
 Helps demonstrate systematic removal of
 Leads to full compliance
 Shows good faith
 May create a possibility for less stringent
penalty from complaint or litigation
Harvard Factors in the Business
Case for Web Accessibility
Social Factors addresses the role of Web accessibility in providing
equal opportunity for people with disabilities; the overlap with digital
divide issues; and benefits to people without disabilities,
including older people, people with low literacy and people not
fluent in the language, people with low bandwidth connections to
the Internet, people using older technologies, and new and
infrequent web users.
Technical Factors addresses interoperability, quality, reducing
site development and maintenance time, reducing server load,
enabling content on different configurations, and being prepared for
advanced web technologies.
Financial Factors addresses the financial benefits of increased
website use, for example, from engine optimization (SEO); direct
cost savings; considerations for initial costs and on-going costs;
and ways to decrease costs.
Legal and Policy Factors addresses requirements for Web
accessibility from governments and other organizations in the form
of laws, policies, regulations, standards, guidelines, directives,
communications, orders, or other types of documents.
Duties of a Covered Entity
Designate an ADA Coordinator
Post Notice of the Coordinator and
Grievance Policy
Develop Procedures for requesting and
granting aids and services for individuals
with disabilities.
Determine Eligibility Criteria for Disability
Services and Accommodations
Adopt Design Standards
Develop Procedures for resolving
complaints and grievances
Duties of a Covered Entity (cont.)
Ensure Admission/Benefit Criteria does not
purposely screen out Students with Disabilities
Train All staff, administrators, faculty, volunteers and
others who are in contact with the public in the
requirements of ADA
Review contracts, leases and agreements to establish
responsibility assuring ADA compliance
Ensure Proper signage designates accessible
entrances, routes, auxiliary aids, restrooms and other
important Accessible Information
Duty: An ADA Coordinator
At least one responsible employee to coordinate
ADA compliance
Investigating any complaints that the entity has
violated Title II
The name, office address, and telephone number
of the ADA Coordinator must be provided to
interested persons
Person must be trained or knowledgeable in ADA
and other nondiscrimination laws (Title VI, Title VII)
Person must have sufficient authority, time, and
resources to accomplish the duties
 Kaplan University (1-2011)
 No Notification of ADA/504 Coordinator
Duty: Notice
Notice should include the basic information regarding
Title II of the ADA, 504 and how they apply to the
programs, services, and activities of the public entity
Contact information of the ADA Coordinator
Brief statements about:
 Employment
 Effective communication
 Making reasonable modifications to policies
and programs
 Not placing surcharges on modifications or
auxiliary aids and services
 Filing complaints
Methods to Provide Notice
Include the notice with job applications
Publish the notice periodically in local newspapers
Broadcast the notice in public service announcements
on local radio and television stations
 Publish the notice on the entity’s website (ensure that
the website is accessible)
 Post the notice at all facilities
 Include the notice in program handbooks
 Include the notice in activity schedules
 Announce the notice at meetings of programs,
services, and activities
 Publish the notice as a legal notice in local
 Post the notice in bus shelters or other public transit
Duty: Process for Accommodations
Must Provide Accommodations in the Most
Integrated Setting
 Create Mechanisms For:
 Documentation and Accommodation
 Auxiliary Aids and Alternate Text
 Technology, Web Online Distance Ed
 Housing Needs
 Event Accessibility
 Emergencies
 Policy Modification if results in discrimination
General Accommodation Rules
An entity must make reasonable
modifications for the individual with a
 There is to be no cost to the individual for
 A person with a disability is NOT required to
accept an accommodation or modification
General Accommodation Rules (cont.)
The entity cannot impose or apply criteria
that would screen out individuals with
 No individual with a disability shall be denied
because of facility location, in selection of
procurement contractors
 No individual with a disability shall be denied
in the administration of licensing or
requirements for programs
OCR Letter to Hallmark College
Admissions Standards
Student with Visual Impairment inquired regarding
technical FAA requirements for aviation maintenance
Student claimed to have applied through 3rd party
website (no evidence supported)
Student claimed she was advised to apply elsewhere
due to her vision impairment (credibly disputed)
Student was mailed catalogue with Accessibility
statement and grievance procedure
Student never filed grievance
Finding: No Discrimination
Duty: Reasonable Accommodations
Making Facilities Accessible
Acquiring or Modifying equipment/devices
Restructuring a Task
Substituting Tasks
Changing Schedules
Modifying work/training site
Providing readers, writers, interpreters
Test Accommodations
Providing transition planning and support
The Goal: Universal Design
1. Equitable/Accessible Use
2. Flexibility In Use (choice of teaching methods)
3. Simple and Intuitive (straight forward and predictable
4. Perceptive Information (can be communicated
5. Tolerance for Error
6. Low Physical Effort (allow greater attention to learning)
7. Size and Space (with safety measures)
8. Community of learners (interaction and group work)
9. Welcoming and Inclusive (consider room set up)
The Goal: Effective Accommodations
Cost and reasonableness can be considered
but there is NO excuse for not providing an
effective alternative
 Compatibility with institutions technology
must be considered (“latest” not always “best”)
 Campus wide collaboration (or outside
resources) is necessary to integrate with
existing and future resources and
Duty: Adopt and Post a
Grievance/Complaint Procedure
Letter to Mott Community College (11-2011)
Action Step III: Revisions to Disability Grievance
Notice to students and employees of the procedure,
including where complaints may be filed and how they may be
Clarification that all complaints of alleged disability
discrimination, including disability harassment, carried out by
employees, other students, or third parties may be filed under
the College's Section 504/Title II grievance procedure;
Notice of the address and telephone number of the College
employee with whom complaints should be filed and notice
of an alternate person if the person with whom the complaint
is filed is alleged to have been involved in the
Grievance/Complaint Procedure
Adequate, reliable, and impartial investigation of
complaints, including the opportunity to identify witnesses
and other evidence;
Designated and reasonably prompt timeframes for the
major stages of the complaint process, including timeframes
 when the College will conduct a full investigation of
the complaint;
 when both parties receive response regarding the
outcome of the complaint; and
 when the parties may file an appeal, if applicable;
Established timeframes to complete the investigation
Take into consideration that extenuating circumstances
may prevent compliance;
involvement of the College's Section 504 Coordinator in
the College's investigation of grievances;
Grievance/Complaint Procedure
Assurance that the College will take steps to prevent
recurrence of any discrimination and to correct
discriminatory effects on the complainant and others, if
Written notice to the parties of the outcome of the complaint;
Maintenance of documentation of all proceedings, which may
include written findings of facts, transcripts, or audio recordings;
Clarification that any informal resolution process (i.e. first
speaking with the Director of Disability Services before filing a
written complaint with the ADA Compliance Officer) is
voluntary and that the complainant must be notified of the
right to end the informal process at any time and begin the
formal stage of the complaint process; and
That a complaint may be filed with OCR at any time.
Duty: Compliance with New
Title II and III Regulations
Compliance by March 15, 2011
Adoption of 2004 ADAAG (2010
standards) Effective March 15, 2012
The Goal of the Self Evaluation
Establish a Baseline: The main goal of the
self-evaluation phase is to provide a baseline
of what programs, services, activities and
facilities under the Department’s
responsibility are noncompliant with ADA
 Comparisons to the initial self-evaluation
should provide evidence of a Department’s good
faith in efforts to comply with ADA requirements.
Steps of The Self Evaluation
Receive Authority from the President /
Provost / Superintendent / Director
 Identify Key Players and Develop a
Committee and Include Representatives
 Finance
 Major Departments/Divisions
 Finance
 Disability services personnel
 Advisory Bodies
 IT
Steps of The Self Evaluation (cont.)
Determine Necessary level of Detail
Develop Survey Tools To Evaluate and Track
Disseminate the Survey
Gather the Data
Organize and Enter the Data
Self Evaluation Major Categories
Universal Design
 Testing
 General Access
 Public Accommodations
 Policy Modification
 Web/Online/Technology
 Employment
 ATM/Kiosk
 Faculty
 Emergency Services
 Staff
 Physical Access
 Student
 Effective Communications  Transportation
 Transition Plan Monitoring
 Auxiliary Aids and
Alternate Format
 Every Individual Program,
Service and Activity you
 Service Animals / OPDMD
 Ticketing
Self Evaluation Sub Categories
General Access
 ADA Coordinator / Accommodation Process /
Grievance Procedure
Alternate Format (all materials)
 Enlarged Text
 Braille
Public Accommodation (Meetings/Events)
ADA Notice on advertising
Accessible parking, route, seating
Auxiliary Aids and alternate format
Captioning Video Description
Accessible restroom, drinking fountain, vending
Self Evaluation Specific
Instructional Materials
Visual Descriptions
Technology Accessibility
Online/Web Accessibility
Service Animals
Allow animals
Recognize horses require
policy modification
Train staff on magic two ?
 Campus
 Special Events (Graduation,
 Academic Fieldtrips
Emergency Plan and
Syllabus statement
Labs, Clinicals, Internships
Physical Accessibility
Guides and maps
Maintenance of accessible
Disability Specific Considerations
How Accessible are your Programs, Services
and Activities to Individuals In Each Category:
 Without Vision
 With Low Vision
 Without Color Perception
 With no or limited Hearing
 With no or limited Speech
 With no or limited Manipulation, Reach,
 With limited Mobility
 With Learning Disabilities
The Goal of Transition Planning
Identify an ADA Coordinator
Provide Notice and Process for ADA procedures
Identify Complaint Process
Develop/Adopt Design Standards
Identify Barriers to Access
Identify Compliance Plan (time and budget) to
Remove Barriers
Identify a Re-evaluation Schedule
Identify Public Involvement Opportunities
Report progress in a manner that is meaningful to you
and the public
Steps of The Transition Plan
Analyze the Data to Identify a detailed list of
Deficiencies (inventory)
Identify detailed Solutions
Identify Costs
Prioritize Mitigating Deficiencies with Public
and Disability Community Input
Establish Time Frames and Budgets based on
the levels of risks and ease of compliance
Steps of The Transition Plan (cont.)
Identify Responsible Person For each
Corrective Action
Draft the Report
Involve the Public (disability community)
Systematically Implement the Mitigation
Develop policies for Purchasing, Upgrading,
and Maintenance of Accessible Features
 New or additional policy, equipment,
Re-evaluate Annually
A Word About Prioritization
Priority should be given to public places,
places of education and places of employment
 Factors to consider may include:
 Essential Nature of the program, service or
 Frequency of Use
 Presence of a disabled population
 Citizen requests or complaints regarding
inaccessible locations
 Ease of compliance
 Cost
Interplay: Budget and Timeline
Does compliance require:
 Stand alone project
 Regularly occurring maintenance
 What Resources are Necessary?
 Who
 Materials
 Timeline (deadline)
 What Funding Sources are Necessary?
 Annual or One time
 Grant Resources Available
 How Long will funds be necessary?
 Until barriers are eliminated
 Ongoing
Involving the Community
 Internal Departments
 External Partners
 Contract Language
 Advocacy Groups
 Citizens
 Business Community
 Building Codes and Applicable Regulations
 Who Else?
Avoid Common Pitfalls
Lack of time commitment.
Lack of budget and (associated) lack of staffing
Management decisions limiting staffing and
support of ADA programs
Delay in self-evaluation activities
Inability to prioritize compliance upgrades
Failure to set deadlines throughout each
Failure to involve the community
Failure to moving beyond evaluation to
What to Evaluate?
 Policy
 Practice
 Programs
 Services and
 Activities
 Compliance with New Regulations
Best Practice General Access
Accurate and current access guides and maps
Written procedures and policies exist for provision of
disability accommodations and auxiliary aids in
every aspect of campus program/service.
Event procedures and policies to request
Adequate number of accessible parking spaces.
Policies/procedures to mitigate weather issues.
Transportation policies and procedures.
Work-study programs or receive financial aid for
longer than four years.
A protocol exists to ensure classroom accessibility,
which includes a floating inventory of ergonomic
chairs, adjustable-height tables.
Best Practice General Access (cont.)
All benefits, services, programs and activities
provided to the public, employees and students are
available to persons with disabilities and are equivalent
to those offered to people without disabilities.
No Cost for accommodations/services
Accommodation and access policies and procedures are
in place (student council activities, parent's day, alumni
association meetings, etc.)
Course registration procedures exist to ensure that
modifications are available to individuals with disabilities
as needed (e.g., accessible registration sites,
alternatives to phone-based registrations, e-mail, fax,
and priority registration).
Interpreters/captioning are available upon request for
campus-wide events.
Policies regarding use of recreational facilities are
flexible to accommodate varying needs.
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Policy Review for Compliance
 Background Checks
 Reference Checks
 Bullying
 Social Networking
 Workers Compensation
Policy Review for Compliance
Qualification for Disability Services
Veterans/Military Service
Leave Voluntary v. Involuntary
Fundamental Program Elements
Web and other Technical Accessibility
Code of Conduct
Policy Review for Compliance (cont.)
Threat Assessment
Suicide Reporting and Prevention
Drug Testing
Sexual Violence Investigation
Arbitration Requirements
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Wheelchairs and Mobility
A public entity shall permit individuals
with mobility disabilities to use
wheelchairs and manually-powered
mobility aids, such as walkers,
crutches, canes, braces, or other
similar devices designed for use by
individuals with mobility disabilities, in
any areas open to pedestrian use
Definition of Wheelchair
A manually-operated or power-driven
device designed primarily for use by an
individual with a mobility disability for the
main purpose of indoor or of both indoor
and outdoor locomotion
 Includes mobility scooters
 No size or weight maximum
§35.104 and §36.104
Other Power-Driven Mobility
Device (OPDMD)
Any mobility device powered by batteries, fuel, or
other engines—whether or not designed
primarily for use by individuals with mobility
disabilities—that is used by individuals with mobility
disabilities for the purpose of locomotion,
including golf cars, electronic personal
assistance mobility devices (EPAMDs), such as
the Segway® PT, or any mobility device designed
to operate in areas without defined pedestrian
routes, but that is not a wheelchair within the
meaning of this section. §35.104 and §36.104
A public entity may ask a person using an other
power-driven mobility device to provide a credible
assurance that the mobility device is required
because of the person’s disability.
 May Not inquire about the person’s Disability.
 A public entity shall accept the presentation of a
valid, State-issued, disability parking placard or
card, or other State-issued proof of disability as
a credible assurance that the use of the other
power-driven mobility device is for the individual’s
mobility disability.
Assurances (cont.)
A ‘‘valid’’ disability placard or card is one that is
presented by the individual to whom it was
issued and is otherwise in compliance with the
State of issuance’s requirements for disability
placards or cards
 In lieu of a valid, State-issued disability
parking placard or card, or State-issued proof
of disability, a public entity shall accept as a
credible assurance a verbal representation,
not contradicted by observable fact, that the
other power-driven mobility device is used for a
mobility disability
OPDMD Safety Requirements
An entity may consider:
 Type, Size, Weight and Dimensions
Compared to Wheelchairs
 Facility volume of Pedestrian Traffic
 Facility Dimensions
 Legitimate Safety Requirements
 Ability to Stow when Not in Use
 Threat to Environment
§35.130(h) and §36.303(1)(b)
Best Practice: OPDMD Policy
Develop a Policy that clearly states:
 Types and sizes permitted
 Places, times, and circumstances permitted
 Speed limits
 Storage availability
 Policy related to credible assurance
 Include a Safety Analysis
 No fuel driven engines indoors (Powered by
fuel, batteries or other engines)
 Publish for advance notice
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Service Animals
 “any dog that is individually trained to do work
or perform tasks for the benefit of an individual
with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability
 Other species of animals, whether wild or
domestic, trained or untrained, are not
service animals for the purposes of this
definition” §35.104
Miniature Horses
A public entity shall make reasonable
modifications in policies, practices, or
procedures to permit the use of a miniature horse
by an individual with a disability if the miniature
horse has been individually trained to do work
or perform tasks for the benefit of the individual
with a disability
 May Consider the Type, Size and Weight and the
Specific Needs of the Facility and;
 Whether the facility can accommodate these
 Must be housebroken and in sufficient control.
Title II §35.136 Title III §36.302(c)(3)
Service Animal Access
Individuals with disabilities shall be permitted to
be accompanied by their service animals in
all areas of a public entity’s facilities where
members of the public, participants in services,
programs or activities, or invitees, as relevant,
are allowed to go
How to Identify a Service Animal
Verbal assurance – you can ask what tasks the
animal performs and question how the animal
accomplishes the tasks
 Look for physical indicators on the animals
such as a harness or carrying implement
 Request documentation of the need when
such is not obvious (such as a letter indicting
the animal is a seizure dog which alerts the
individual to an oncoming seizure or protects
that person during and after the seizure)
 Observe the behavior of the animal to
ascertain if the animal is actually paying
attention to the individual
Permissible Inquiries
If the Impairment is NOT Obvious Two
Questions are Permitted:
 Is the animal needed for a disability
 What task(s) the animal has been
trained to Perform
An entity Cannot ask them to demonstrate the
 MUST Train ALL staff on this point
Impermissible Inquiries
An entity may not:
Make inquiries when it is apparent the animal
is a service animal
Ask for ANY kind of documentation including
certification, training or licensing
Inquire about the nature of the individual’s
Require special ID cards for the animal
Service Animal Control
A service animal shall be under the control of
its handler
 A service animal shall have a harness, leash, or
other tether, unless either the handler is unable
because of a disability to use a harness, leash, or
other tether, or the use of a harness, leash, or
other tether would interfere with the service
animal’s safe, effective performance of work or
tasks, in which case the service animal must be
otherwise under the handler’s control (e.g., voice
control, signals, or other effective means)
Service Animal Conduct
A public entity may ask an individual
with a disability to remove a service
animal from the premises if—
 the animal is out of control and
 the animal’s handler does not take
effective action to control it or
 the animal is not housebroken
Exclusion of Service Animal
If a public entity properly excludes a
service animal, it shall give the individual
with a disability the opportunity to
participate in the service, program, or
activity without having the service animal on
the premises
Service Animal
A public entity shall not ask or require an
individual with a disability to pay a
surcharge, even if people accompanied by pets
are required to pay fees, or to comply with other
requirements generally not applicable to people
without pets
 If a public entity normally charges individuals
for the damage they cause, an individual with a
disability may be charged for damage caused by
his or her service animal
What is a Task?
Navigation for the Blind or those with
Low Vision
 Alerting the Deaf or Hard of Hearing
 Pulling a Wheelchair
 Providing Non-Violent Protection
or Rescue Work (alerts to presence
of another at ATM)
What is a Task? (cont.)
Assisting During a Seizure
Alerting to the Presence of Allergens
Retrieving Items
Providing Stability or Support for Mobility
Psychiatric Service Animal: Helps persons
with Psychiatric and Neurological Disabilities
by Interrupting Impulsive or Destructive
Update March 11, 2011
“Tasks performed by psychiatric service animals may
include reminding individuals to take medicine,
providing safety checks or room searches for
individuals with PTSD, interrupting self-mutilation, and
removing disoriented individuals from dangerous
 “The Department has moved the requirement that the
work or tasks performed by the service animal must be
related directly to the individual’s disability to the
definition of ’service animal’
 [Federal Register: March 11, 2011 (Volume 76, Number
48)] [Rules and Regulations] [Page 13285-13286] From
the Federal Register Online via GPO Access
Emotional Support / Comfort
Animals that are for Comfort or
Emotional Support are Not Service
 HUD Recognizes them
 State or Local Law may recognize
What is Training?
Service Animals are Individually Trained to
Perform Tasks for People with Disabilities
Animal may be Self Trained
Service Animals: Special Issues
Businesses that sell or prepare food must
allow Service Animals in public areas even if
state or local health codes prohibit animals
on the premises
 Allergies are typically not a reason to exclude
service animals
Service Animal Care and Supervision
A public entity is not responsible for the care or
supervision of a service animal or Provide a
Special Location for it to Relieve Itself
 An entity may want to consider
 designated area where the student can tend to
the service animal’s basic daily needs, e.g.,
eating or bodily functions
 Allowing student periodic breaks so the
student can care for the service animal’s basic
daily needs
Best Practice: Develop a Policy
Service Animals Permitted on Campus (2011)
Individuals with disabilities may be accompanied by their service animals
on all University of Oklahoma campuses where members of the public or
participants in services, programs or activities are allowed to go. By law, a
service animal means any dog that is individually trained to do work
or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other mental
disability. Other species of animals, whether wild or domestic, trained or
untrained, are not service animals. In some cases, the University may
permit miniature horses on campus on a case-by-case basis,
consistent with applicable law.
The work or tasks performed by a service animal must be directly related
to the individual's disability. Examples of such tasks include, but are not
limited to: assisting an individual with low vision with navigation; alerting
individuals who are hard of hearing to the presence of people or objects;
pulling a person's wheelchair; or providing assistance with stability or
balance to an individual with a mobility disability.
Federal law does not require the individual to provide
documentation that an animal has been trained as a service animal.
The University may, however, ask if the animal is required because of a
disability, as well as what work or task the animal has been trained to
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Event Ticketing
Title II 28 CFR 35.138 Title III 28 CFR 36.302(f)
Equal Opportunity to the Purchase Accessible Seating
Sell Accessible Tickets During Same Hours Available
to All
Identify and Describe Features of All Accessible
Provide maps, plans, brochures, pricing charts, text
or visual representation
Price Accessible Seats as Other Seats (% for Each
Price Level)
Sales: Equal Opportunity to the
Purchase Accessible Seating During:
Same hours available to all
Same stages: pre-sales, general sales,
promotions, lotteries, wait lists etc.
Same distribution
Same types and numbers
Same terms and conditions
Accessible Features
Identify and Describe Features of All
Accessible Seating in enough detail to
reasonably permit an individual with a disability
to assess independently whether a given
accessible seating location meets his or her
accessibility needs.
 Provide maps, plans, brochures, pricing
charts, text or visual representation with the
same text or visual representations as other
Accessible Seat Features
Clear floor space
 Dimensions
 Space is at grade
 Accessible Approach
Individuals Requesting
Accessible Features
Include those with:
 Mobility impairments
 Large service animals
 Circulation problems
 Respiratory problems
 Auxiliary Aids
 There must be a relationship between the
request for the space and the individual’s
Event Ticketing (cont.)
May Not request Proof of Disability
 May only ask if ticket is for a person with a
 Must provide 3 contiguous Companion Seats
(or more if others can purchase more)
 Group ticket sales must attempt to place the
entire group near the accessible seat
Event Ticketing (cont.)
Unsold Accessible Seats May be released
when all non-accessible tickets are sold
 Persons with Accessible Seats May Resell their
Tickets to Non-Disabled
 If Non Accessible tickets are Purchased on the
Secondary Market- The Venue Must
Exchange the Non Accessible Seat for
Accessible Seating if it is Available
Ticket Prices
Ticket Prices: Price Accessible Seats as Other
Seats for single events or series of events for all
price levels
 If tickets for accessible seating at a particular
price level are not available because of
inaccessible features, then the percentage of
tickets for accessible seating that should have
been available at that price level (determined by
the ratio of the total number of tickets at that price
level to the total number of tickets in the assembly
area) shall be offered for purchase, at that
price level, in a nearby or similar accessible
Multiple Tickets/Contiguous
For each ticket for a wheelchair space
purchased by an individual with a disability a public
entity shall make available for purchase three
additional tickets for seats in the same row that
are contiguous with the wheelchair space unless
all ticket sales limited to a fewer number
 If there are Insufficient Number of Seats a public
entity shall offer the next highest number of
such seat tickets available for purchase and shall
make up the difference by offering tickets for
sale for seats that are as close as possible to
the accessible seats
Hold and Release
Unsold Accessible Seats May be released
 (i) All non-accessible tickets (excluding luxury
boxes, club boxes, or suites) have been sold
 (ii) All non-accessible tickets in a designated
seating area have been sold and the tickets
for accessible seating are being released in the
same designated area or
 (iii) When all non-accessible tickets in a
designated price category have been sold
and the tickets for accessible seating are being
released within the same designated price
Ticket Transfer
Persons with Accessible Seats May Resell their
Tickets to Non-Disabled shall be permitted to
transfer tickets to third parties under the
same terms and conditions and to the same
extent as other spectators holding the same type
of tickets, whether they are for a single event or
series of events
Secondary Ticket Market
An entity must modify its policies, practices, or
procedures to ensure that an individual with a
disability may use a ticket acquired in the
secondary ticket market under the same
terms and conditions
 If Non Accessible tickets are Purchased on the
Secondary Market- The Venue Must Exchange
the Non Accessible Seat for Accessible Seating
in a comparable location if accessible seating is
vacant at the time the individual presents the
ticket to the public entity
Ticket Purchase Fraud
An Entity:
 May NOT request proof of disability for
example, a doctor’s note, before selling tickets for
accessible seating
 May only ask if ticket is for a person with a
 A public entity may investigate the potential
misuse of accessible seating where there is
good cause to believe that such seating has
been purchased fraudulently
Event Ticketing (cont.)
Permissible inquiries:
 Single event tickets – May ask if the
purchaser “has a mobility disability or disability
that requires the use of the accessible features
provided in the accessible seating or if they
are purchasing for someone who has a
mobility disability or disability that requires the
use of the accessible features provided in the
accessible seating”
 Series of Events/Subscription – May ask
purchaser of accessible seating to attest in
writing to the above
Stadium Accessibility Notice
Service Animals
Courtesy Wheelchairs
Companion Seating
Emergency Evacuation
Family Restrooms
Fan Texting
First Aid
Guest Services
Seating Areas
Telephone Display
University of No Colorado (3-2011)
Accessible parking for the recreation center
needs to be on the shortest accessible route
 Inadequate number of accessible parking
 No van accessible parking spaces
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Effective Communication
Devices and Auxiliary Aids
When selecting auxiliary aids, the entity must
give Primary Consideration to the request of
the person with a disability. The entity must
honor the choice of the person with a
disability unless:
 the entity can demonstrate that another
equally effective means of communication
exists or
 use of the chosen device would not be
required because of a fundamental
alteration or undue burden
OCR’S “Effectively
Communicate” Standard
Three basic components
 (1) the timeliness of delivery
 (2) the accuracy of the translation, and
 (3) provision in a manner and medium
appropriate to the significance of the
message and the abilities of the individual
with the disability. (OCR 09-97-2002.RES)
For example, if a website is available 24 hours a day, seven days
a week for other users, the information must be available that
way for the visually impaired student.
In the recent DOJ document, Accessibility of State and Local
Government Websites to People with Disabilities, DOJ does not
discuss the effectively communicate standard.
(ICT) Standards and Guidelines
Official Communications Regarding
Programs and Services
1. Content that is public facing;
2. Content that is broadly disseminated
throughout an agency, including templates;
3. Letters adjudicating any cause which is
within the jurisdiction of the agency;
4. Internal and external program and policy
(ICT) Standards and Guidelines Official
Communications (cont.)
5. Notices of benefits, program eligibility, and
employment opportunities and decisions;
6. Forms, questionnaires and surveys;
7. Emergency notifications;
8. Formal acknowledgements and receipts; or
9. Educational and training materials.
Auxiliary Aids Include
Sign Language Interpreter
Real Time Computer Aided Transcription
Video Remote Interpreting
Brailed Materials
Alternate Text
Screen Reading Software
Magnification Software
Optical Readers
Determining Appropriate Auxiliary
Complete a communication assessment
 Initially and
 Throughout the situation
 Inform individual of the request status
 Inform individual if services will not be
provided (after consultation with Risk)
 Inform Individual of alternate services that
are available or will be provided
New Definition Qualified Reader
“A person who is able to read effectively,
accurately, and impartially using any
necessary specialized vocabulary.”
New Definition Qualified
“An interpreter who, via a video remote
interpreting (VRI) service or an on-site
appearance, is able to interpret effectively,
accurately, and impartially, both receptively
and expressively, using any necessary
specialized vocabulary. Qualified interpreters
include, for example, sign language
interpreters, oral transliterators, and cuedlanguage transliterators.”
Addition: Video Remote (VRI)
VRI interpreting uses video conference
technology over dedicated lines or wireless
technology offering high-speed, widebandwidth video connection that delivers
high-quality video images. §35.104 and §36.104
VRI Performance Standards
Video and audio
High quality video with
No lags or irregular pauses
Not grainy, blurry, or choppy
Must see both interpreter’s and student’s face,
arms, hands, and fingers
VRI Performance Standards
Must be:
 Immediately available
 “As effective as communications with
 Provided in a way to protect the privacy and
independence of persons with disabilities
 Employee must be trained in effective use
 May not be appropriate for all situations
ANPRM Update
 Open and Closed (for the deaf and hearing
 Video description (for the blind)
 Waiting for final rule but ADA and 21st Century
Communications and Video Accessibility Act
make it applicable NOW!
FCC Overturns Hundreds of TV Closed
Captioning Exemptions and Clarifies
"Economically Burdensome" Standard
in Connection with Captioning Rules
Yesterday, the FCC released an Order that reversed a five-year-old
decision by its Consumer and Governmental Affairs Bureau (“CGB” or
“Bureau”) that had granted certain video programmers “undue burden”
exemptions from the FCC’s closed captioning rules. The reversed
Bureau decision had changed the criteria for undue burden exemptions
and permanently exempted two video programmers from compliance with
the closed captioning rules on the basis of the new criteria. Finding that the
Bureau’s new criteria deviated from both the statute and FCC precedent,
the Commission overturned the decision, reversed 296 subsequent
exemptions that had been granted by the Bureau in reliance thereon, and
reinstated the original criteria for captioning exemptions. DWT has just
released an advisory that provides more detail about the Commission’s
decision, which can be found here. In addition, a copy of the Commission’s
Order can be found here.
Captions: Live v. Pre-Recorded
Determine how much of your projects will be live and
how many will be prerecorded
 Live event price factors
 If an event can be taped live, then redistributed on videotape,
it is cheaper to caption during the live event instead of
sending the recorded version to be captioned
 They also program frequent words and phrases into a
customized dictionary, which can increase time spent on the
 Will the event be completely scripted or use a teleprompter?
If so, consider:
 Repurposing the electronic audio script for captions
 Purchasing a hardware or software solution to format captions
using the script
 Pre-Recorded video price factors
 Does the video subject matter or audience require pop-on
captions or will roll-on captions suffice?
Narration Elements
 The narrator should not:
 Be as dramatic as the program
 Fill in pauses
 Anticipate Action
 The narrator should:
 Be professional, not an amateur reader
 Clearly indicate screen changes
 Identify characters by both name and relationship
 The narrator should
 Only explain sounds that are mysterious after
describing the context of the scene
Captioning Vendor Checklist
How long have you been in business?
Price schedules
Live Captioning
What is your accuracy rate of live captioning?
What is your process for captioning a live program?
(e.g., audio line
or satellite link)
What is your last minute captioning procedure?
Product (inspect various finished samples)
Other differentiating features
Equipment Needed for Live
Live captioning is recording what is being said
and immediately displaying it
 Live captioning requires:
 A stenocaptioner
 A stenographic keyboard
 A computer to translate the steno into English
text, formatted as captions.
Pre-recorded Captions
Closed (decoder is necessary to open the
captions for viewing) or
 Open (visible to all viewers)
 Televisions with 13-inch or larger screens sold
or manufactured in the United States after 1993
have an installed decoder chip
 Otherwise, the television will require a set-top
YouTube Captioning Information
An archived online workshop is available at:
NOTE: this is on about 65% effective and is not a
permanent solution may serve as a temporary
measure in an unforeseeable situation.”
Captioning in the Stadium
Captioning on the LED boards is required for
Washington Redskins to meet the "effective
communication" requirement
This does not mean that captioning is required for all
stadiums, “because other aids could be sufficient or
other stadiums may be able to invoke undue burden or
fundamental alteration defenses” (Feldman v. Pro
Football, Inc.; WFI Stadium, Inc., Nos. 09-1021, 091023, 2011 WL 1097549 (4th Cir. March 25,
Time & Cost Considerations
General Cost Considerations
 How much lead time can you provide the
captioning vendor? Less time may mean
higher cost.
 Do you plan on multiple or high quantity
orders? The vendor may offer bulk
 Can you provide a script in electronic
format? This reduces workload on the
 How complicated/technical/specific is your
subject matter? A video that uses unusual 139
Quality Control Checklist
Check the script for:
 Timing captions coincides with associated
 Continuity
 Accuracy
 Pronunciation
 Flow
 Spelling
 Sound effects (applause, other additional
409 Caption Processing
409.1 General. Where ICT displays or processes video
with synchronized audio, ICT shall conform to 409.1.1 or
409.1.1 Decoding of Closed Captions to Open
Captions. Where audio-visual players and displays process
video with synchronized audio information, players and
displays shall decode closed caption data and pass on an
open-captioned signal to the video display.
409.1.2 Pass Through of Closed Caption Data. Where
audio-visual players and displays process video with
synchronized audio information, players and displays
shall pass through closed caption data to the video display
for decoding as displayed text. Cabling and ancillary
equipment shall not block the pass through of closed
caption data.
Captioning Solutions
 MAGpie 1.0 can be used to export the captions to three multimedia formats:
Microsoft's Synchronized Accessible Media Interchange (SAMI) format external link, RealText - external link for use with RealPlayer, and Apple's
QuickTime format - external link. It will also export the World Wide Web
Consortium's (W3C) Synchronized Multimedia Integration Language (SMIL)
format - external link, which is a display language used to display captions in
Quicktime and RealPlayer. Although you can export the captions to Quicktime,
Real and Windows Media, MAGpie 1.0 can only caption media files that are in
Windows Media format.
 MAGpie 2.01 is the most recent version of their popular web captioning tool.
MAGpie 2 includes all of the features of MAGpie 1, and adds functionality to
allow audio descriptions and captioning for Macromedia Flash. MAGpie 2 can
play most media files, not just Windows Media, and is available for both
Macintosh and Windows computers.
Hi-Caption is HiSoftware's solution to help web content developers quickly create
synchronized captions for web multimedia. Hi-Caption provides a development
environment that allows users to caption and synchronize captions to content while
they listen to or watch their media files. Hi-Caption initially saves the files as
Microsoft's SAMI files, but these files can be converted to RealPlayer and Quicktime
SMIL files with RealText and Quicktime Text. The file name SAMI stands for
Synchronized Accessible Media Interchange and SMIL for the World Wide Web
Consortium's Synchronized Multimedia Integration Language. Additionally, HiCaption seamlessly integrates with HiSoftware's other accessibility testing and
monitoring solutions (i.e. AccVerify, AccRepair, and AccMonitor).
Audio Description Service
An audio description service provides a prerecorded description of key visual elements
in a program that a visually impaired viewer
would ordinarily miss.
 The equipment used to receive audio
description services includes:
 TV with Second Audio Program, or
 TV and VCR with SAP (Second Audio
Program), or
 Multi-channel Television Sound (MTS) that
allows for 3 channels, 2 for stereo sound, and
1 for SAP.
410 Video Description
Processing Technology
410.1 General. Where ICT displays or processes video
with synchronized audio information, ICT shall provide a
mode of operation that plays audio information
associated with video description.
410.1.1 Digital Television Tuners. Where video
description is played through digital television tuners, the
tuners shall conform to ATSC A/53 Digital Television
Standard, Part 5 (2010) (incorporated by reference in
Chapter 1). Digital television tuners shall provide
processing of video description when encoded as a
Visually Impaired (VI) associated audio service that is
provided as a complete program mix containing video
description according to the A/53 standard developed by
the Advanced Television Systems Committee (ATSC)
(incorporated by reference in Chapter 1).
411 User Controls for Captions
and Video Description
411.1 General. Where ICT displays video with
synchronized audio content, ICT shall provide user
controls for closed captions and video description
conforming to 411.1.
411.1.1 Caption Controls. Where user controls are
provided for the selection of volume, ICT shall provide
user controls for the selection of captions in at least one
location that is comparable in prominence to the location
of the user controls for volume.
411.1.2 Video Description Controls. Where user
controls are provided for the selection of channels, ICT
shall provide user controls for the selection of video
description in at least one location that is comparable in
prominence to the location of the user controls for
OCR Guidance: Access for the
Vision Impaired
“Substantially Equivalent Ease of Use”
Students must be afforded the opportunity to acquire
the same information,
engage in the same interactions, and
enjoy the same services as sighted students.
equally effective and equally integrated
Must ensure equal access to the educational benefits
and opportunities afforded by the technology and equal
treatment in the use of such technology.
Sample HHS Auxiliary Aid
HHS secured a signed Resolution Agreement to
ensure that UUHC (serving more than 850,000
patients annually) will screen patients with hearing,
vision or speech disabilities and provide auxiliary aids
and services, including sign language interpreters
(1) affirm its compliance with Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794
(2) issue and post policies to ensure that appropriate
auxiliary aids and services, including sign language
interpreters or video interpretation services, are
provided to patients with hearing, vision or speech
impairments within a two hour time period
Sample HHS Auxiliary Aid
Agreement (cont.)
(3) establish and post nondiscrimination
policies and Section 504 grievance procedures
(4) train physicians, employees and
contractors on procedures to ensure effective
(5) place TTY lines throughout its facilities
(6) issue customer service questionnaires to
patients with disabilities and
(7) provide comprehensive compliance reports
to OCR.
National Association of the Deaf
Takes on Netflix Over Captioning
Netflix, (largest Internet video subscription service) is facing a
disability discrimination lawsuit over the lack of captioning of its ondemand content.
The National Association of the Deaf (NAD) alleges that by
refusing to provide captioning for its streaming television shows and
movies, the company is violating Title III of Americans With
Disabilities Act.
NAD states the Internet is a "place of public accommodation"
and Netflix's failure to caption amounts to a failure to provide
full and equal enjoyment of its goods and services.
The requests injunctive relief to provide closed captions for all of
its on-demand content.
"Despite repeated requests Netflix has provided captions on only a
small portion of the overall titles available on the Watch Instantly
service," the plaintiffs said in a press release.
NAD, et al, v. Netflix, was filed in the U.S. District Court for the
District of Massachusetts nadfiles-disability-civil-rights-lawsuit-against-netflix
Title II and III require
 Voicemail and messaging to be realtime for individuals using auxiliary
aids and services including TTYs and
all forms of FCC-approved
telecommunications relay systems,
including internet based relay systems
§35.161(b) and §36.303(a)(1)
Telecommunications (cont.)
Title II and III require:
Response to telephone calls from
telecommunications and relay services in the
same manner as other calls §35.161(c) and
Title III allows places of public accommodation to use
relay services in place of direct telephone
communication for receiving or making telephone calls
incident to operations §36.303(d)(3)
Title III requires accessible public phones if public
allowed to use phones on more than incidental basis
ANPRM Update
 Must currently accept TTY directly without
using outside relay services
 Ultimate Goal is for 911 to use voice, text, or
video from wired and wireless devices
 Waiting for final proposed Rule
Best Practice Effective
Communications with individuals who have Hearing,
Vision, Speech, Mobility and Learning impairments
are readily available and as effective as
communications with others
Qualified sign-language interpreters,
Amplification systems,
Television and video captioning,
Telecommunication devices for the deaf
[TTY], readers
Automatic voice access to admissions status,
financial-aid status, grades, changing of personal
records (address or phone number change), voting in
student elections, registration for classes and/or any
similar automatic voice access system, has a companion
system accessible to TTY users and students who
cannot use voice systems.
Best Practice Communications (cont.)
The campus has in place methods to provide appropriate
communication devices including TTYs, assistive listening devices,
etc., to students, guests and visitors.
TTY locations is well publicized.
The campus follows the Hearing Aid Compatibility Act of 1988 and
the Telecommunications Act of 1996 in providing hearing aidcompatible phones for public use (pay phones, local access or house
phones, and for phones provided in teleconferencing and
A percentage of public use phones have volume control, as
required by ADAAG.
Televisions and monitors have decoders for closed captioning.
The institution has a policy that all new videos purchased will be
captioned and existing videos used regularly will be replaced with
captioned versions.
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Best Practice Public
Events and Special
Marketing ADA
Physical Access
Path of Travel
Drinking Fountain
Service Animals
What is Your
Example Notice Public
Accommodations: KU Library
Assistance with Print Materials
Workstation Accessibility Adaptive Technology
Electronic journals, books, and databases
Software: Microsoft Windows XP · Acrobat Reader 8 · Adobe
ImageReady 7 · Adobe Photoshop 7 · ArcSoft Photobase 3 ·
ArcSoft Photo Studio 5 · Cannon Scanning · Connect Outloud 3 ·
EndNote X · insight v5.6 · iTunes · Java 2 · JAWS 8.0 · OpenBook
7.2 · QuickTime · RealPlayer · Microsoft Office 2003: Word, Excel,
Access, PowerPoint · Outlook Express · Power DVD DX ·
RefWorks/WriteNCite · Roxio Creator DE · Windows Media Player ·
Windows Messenger · Browsers: Mozilla Firefox and Internet
Reference Assistance and Information Services
Training: Don’t Forget Volunteers
Complaint alleged inadequate number of
accessible parking stalls, discontinued golf
cart services, provided limited shuttle service,
and failed to provide adequate notice of drop off
zones for home football games
 Volunteer staff did not adequately inform
 Agreement: Training of staff and web posting
of all parking and transportation updates
 Duke University (3-2011)
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Best Practice Student Program
Health and Counseling
 Comprehensive health services existcapable of addressing needs of students with
disabilities to the same extent as students
without disabilities
 Policies and procedures for student
participation in health, career and
counseling services are reviewed regularly
 Exam Rooms meet new Equipment
 Auxiliary Aids are readily Available
Student Programs (cont.)
Written procedures to request housing
Residential facilities have appropriate percentage of
accessible rooms (according to ADAAG standards).
Accessible housing is dispersed throughout the
residence system.
Access allows an equal experience and cost.
Written procedures exist and are publicized to request
housing accommodations when an attendant is
Flexibility in policies exists that allow variances when
the need is adequately documented.
Laundry areas include accessible machines that are
available in both dorms and family housing.
Maintenance provides individualized accommodation
needs such as grab bars, etc.
Student Programs (cont.)
Considerations are made for specific dietary needs.
Assistance is available for students who need help in
carrying trays, identifying foods, can’t wait in line etc.
 Dining halls and lounges are wheelchair-accessible.
 Menus, if used, are available in Braille, large print, or
someone is available to read this information to persons
who cannot access the print medium.
Student Employment
Departments include essential functions on all job
Selection criteria for jobs are consistent with the
essential functions of the job.
Announcements regarding position vacancies are
in accessible formats.
Materials, resources and guides readily available in
Alternate formats to help ensure nondiscrimination in its
Training/regular updates for all departments
regarding their responsibility in ensuring equal
opportunity for people with disabilities to participate in
the programs, activities and services of and to receive
benefits from the institution.
Financial and related employment assistance exists
for students with disabilities when necessary to
achieve equal access to employment opportunities. 163
Student Organizations
All student and social organizations are accessible,
nondiscriminatory, and seek participation by students
with disabilities.
Policies exist in writing that student organizations
will operate in a nondiscriminatory fashion.
The number of individuals with disabilities who may
participate in a program or activity is not limited.
Programs and activities receiving “significant
Letter to Thomas Cooley Law School (12-2010)
 Failure to provide auxiliary aids at student
bar association meetings
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Exams and Courses
Title III (§36.309)
Three Distinctions:
Documentation is “Reasonable and limited”
Prior modifications in similar situations receive
“Considerable Weight”
Response is in a “timely manner”
Documentation: Reasonable and
New language adopted from the Preamble:
 “…when testing entities receive
documentation provided by a qualified
professional who has made an
individualized assessment of an applicant
that supports the need for the modification,
accommodation, or aid requested, they shall
generally accept such documentation and
provide the accommodation”.
Acceptable Documentation
May 2012 AHEAD Documentation
Guideline Update:
History of Diagnosis
Participation in Special Ed Program
Prior accommodations K-12 or Other
Recommendation from Qualified
 Licensed or Credentialed with expertise
in the disability for which the
modification is sought
Psycho-educational evaluation
National Board of Med Exam’rs
DOJ stepped in when a Yale medical student
complained that the NBME denied his requests
for double time and a separate testing room
for his dyslexia twice on the U.S. Medical
Licensing Exam.
NBME claimed insufficient documentation
Agreement: Granted the student's request
Will only request documentation about the
existence of a physical or mental impairment;
whether the applicant's impairment substantially
limits a major life activity; and whether and
how the impairment limits the applicant's ability
to take the exam under standard conditions.
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
The 21st Century
Communications and Video
Accessibility Act
1. Requires accessibility features for smart
phones, video programming guides and
navigation devices
2. Requires major stations to include Video
description (for the blind)
3. Covers both the content and the
Information and Communication
Technology (ICT) Standards and
Advance Notice of Proposed
(December 8, 2011)
E201 Application
E201.1 Scope. ICT that is procured, developed,
maintained, or used by agencies shall conform to
these requirements.
Functional Performance Criteria
302.1 Without Vision. Where a visual mode of
operation is provided, ICT shall provide at least one
mode of operation that does not require user vision.
302.2 With Limited Vision. Where a visual mode of
operation is provided, ICT shall provide at least one
mode of operation that magnifies, one mode that
reduces the field of vision required, and one mode that
allows user control of contrast.
302.3 Without Perception of Color. Where a visual
mode of operation is provided, ICT shall provide at least
one mode of operation that does not require user
perception of color.
302.4 Without Hearing. Where an auditory mode of
operation is provided, ICT shall provide at least one
mode of operation that does not require user hearing.
Functional Performance Criteria
302.5 With Limited Hearing. Where an auditory mode
of operation is provided, ICT shall provide at least one
mode of operation which improves clarity, one mode that
reduces background noise, and one mode that allows
user control of volume.
302.6 Without Speech. Where a spoken mode of
operation is provided, ICT shall provide at least one
mode of operation that does not require user speech.
302.7 With Limited Manipulation. Where a manual
mode of operation is provided, ICT shall provide at least
one mode of operation that does not require fine motor
control or operation of more than one control at the same
Functional Performance Criteria
302.8 With Limited Reach and Strength. Where a
manual mode of operation is provided, ICT shall provide
at least one mode of operation that is operable with
limited reach and limited strength.
302.9 Minimize Photosensitive Seizure Triggers. ICT
shall provide at least one mode of operation that
minimizes the potential for triggering photosensitive
Clarification of Documentation
Requirement for Undue Burden
The Board received only two comments, both made
by one individual with a disability, in response to this
provision. Both comments requested clarification of the
factors to be addressed in undue burden documentation.
In the 2011 ANPRM, the Board has clarified the factors
used as the basis for a determination of undue burden in
subsection E202.5.1, and retained the requirement for
documentation in subsection E202.5.2.
The Board believes that requiring documentation of
undue burden determinations for the use,
maintenance, and development of ICT in addition to
procurements will result in greater consistency and
conformance with the 508 standards. These changes
are consistent with the language of the statute,
incorporate current practices, and encourage
consistency in the documentation of undue burden
Form a Technology Committee
 IT
 Disability services personnel
 Admissions and records personnel
 Student advisory administrators
 Financial administrators
 Develop policies for Purchasing Requiring
 New or additional equipment
 New or additional software
Best Practices - Institutional
Policies For IT Access
Procurement guidelines
Assignment of responsibility for cost
Procedures for delivery of needed AT
Proactive approach & adoption of policies help
avoid legal problems later
Formulating Your Plan
 Medium and long range goals
 Relationship to academic plan
 Specific discipline and delivery method with
learning plans
 Structure
 Organization
 Integration v. Stand alone
 Resources
 Decision Making Authority
 Who and How
Selecting Technologies
 What problem will this technology solve?
 What effect does this have on workload?
 Will level of functionality meet current and
future needs
 Will technology open new markets?
 What is the cost-effectiveness (recurrent
 Interface with existing technology
 Intellectual and privacy issues
(Bates and Sangra 201-203) 180
Harvard Technology
Accessibility Policy
Harvard is committed to providing access to information
technology resources for people with disabilities, in accord with
Section 504 of the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990.
Harvard endorses the W3C Web Content Accessibility
Guidelines (WCAG) (version 1.0) Priority Level 1 as the minimum
guideline for the development of new institutional websites.
University web developers should address care and attention to the
accessibility of web content presented for use by present and
prospective students, faculty, staff, and the public. The School
Disabilities Coordinators can advise students requesting
accommodation and assistive technologies for academic use.
At the University level, the University Disability Coordinator
sponsors accessibility coordination initiatives such as IT and
Disabilities Coordinator training, articulates overall requirements
for disabilities compliance, and advises on specific accessibility
issues encountered by those with disabilities.
Harvard Policy (cont.)
The Office of the University CIO supports initiatives for
information technology accessibility and sponsors the University
license for website accessibility diagnostics. Accessibility
considerations are incorporated into the process of procuring
new technologies for University deployment.
At the School level, the Harvard Schools individually and
collaboratively work with students requiring accommodation for the
provision of suitable assistive technologies. Information technology
accessibility is incorporated into expectations for websites and each
of the Schools review high priority websites on a regular basis
for accessibility issues.
In accord with the University’s decentralized structure, a University
IT Accessibility Advisory Group representing Harvard Schools,
Central Administration, Museums, and Libraries meets periodically
to identify priorities and challenges, sponsor initiatives, and
review progress in this area.
Harvard Policy (cont.)
The Web is increasingly an essential resource for many aspects of life:
education, employment, government, commerce, health care, recreation,
social interaction, and more. The Web is used not only for receiving
information, but also for providing information and interacting with society.
Therefore, it is essential that the Web be accessible in order to provide
equal access and equal opportunity to people with disabilities. Indeed,
the UN Convention on the Rights of Persons with Disabilities (2006)
recognizes Web accessibility as a basic human right.
While accessibility focuses on people with disabilities, it also benefits
older users, mobile phone users, and other individuals, as well as
organizations. Older users with age-related accessibility needs are an
increasingly important customer base for most organizations, as the
percentage of older users is increasing significantly. Organizations with
accessible websites benefit from search engine optimization (SEO),
reduced legal risk, demonstration of corporate social responsibility
(CSR), and increased customer loyalty.
Organizations can realize substantial return on investment (ROI) that
offset any costs of implementing Web accessibility. In order to be
willing to make the initial investment, many organizations need to
understand the social, technical, and financial benefits of Web accessibility,
and the expected returns. The justification to commit resources to a
project is often called a "business case". Business cases usually
document an analysis of a project's value in meeting the organization's 183
objectives, the cost-benefit analysis, and the expected outcomes.
ANPRM Update
§508 Compliance
Targeting Public Entities
Specifically looking at
 Program Registration
 Services
Updated Regulations December 2011.
Final Rules possibly 2013.
OCR Guidance for Web
OCR released a comprehensive PowerPoint
presentation Web Access Considerations under
Section 504 and Title II that represents the most
current OCR guidelines on web accessibility
considerations under §504 and ADA.
 Even if a library terminal has assistive
computer technology installed for users with
disabilities, Internet research by users with
disabilities is not possible with inaccessible
webpage design.
An Institutional Approach to
Web Accessibility
Adopt unambiguous policy requiring
accessible web content, including alternative
access modes for rare unforeseeable
 Publicize policy
 Adopt & publish plan for compliance
 Remember it is easier and less costly to build
it right than to retrofit
Guidelines for Accessible Web
W3C/WAI: Web Content Accessibility
Guidelines 2.0
 Section 508 Standards
 State regulations or system wide rules
 Another set of standards, including "home
grown," that produce comparable results
Web Site Accessibility
Images and animations. Use the ALT attribute to
describe the function of each visual. Images have
embedded text explanations.
 Image maps. Use client-side MAP (image map
processor) and text for hotspots (active regions in
images containing links or other types of
 Multimedia. Provide captioning and transcripts of
audio, and descriptions of video. Eliminating Flash.
 Hypertext links. Use text that makes sense when
read out of context. For example, avoid “click
Web Site Accessibility (cont.)
Page organization. Use headings, lists and
consistent structure. Be sure they are
 Use CSS (cascading style sheets) for layout and
style when possible.
 Graphs and charts. Summarize or use the
longdesc (long description) attribute.
 Scripts, applets and plug-ins. Provide
alternative content in case active features are
inaccessible or unsupported.
Web Site Accessibility (cont.)
Frames. Use NOFRAMES (displaying text intended for
frames in Web documents for those using browsers that
cannot read frames) and meaningful titles.
Tables. Make line-by-line reading sensible. Summarize.
Check your work. Validate. Use tools, checklists and
guidelines at
quick tips also are at:
Programming Accessibility
Firmware type of hard-coded software that is built into
hardware, such as sound cards, video cards, modems,
and keyboards.
 Operating System and Shell
 The operating system (OS) is the low-level software that
controls the hardware and other software. In doing so, the
OS essentially manages the computer's resources, such
as what commands the processor runs and when, memory
(drives and RAM), and disk space.
 Application
 An application is a type of software that is intended to
perform a specific set of functions for a user or for another
application. Common examples are a word processor, a
spreadsheet program, or the browser through which you're
viewing this page.
Programming Accessibility
Considerations (cont.)
Programming Toolkit
Every application is written using a computer language. Most
languages include a "toolkit" that is similar to the application
program interface (API) in an OS in that it contains common
functions that do not have to be custom coded into the application.
"Built-in" accessibility
An application that is directly accessible has incorporated the ability
for someone with any disability to successfully interact with the
software without the use of AT.
Plug-in" accessibility
Software applications that are compatibly accessible are designed
to communicate with the other "layers," such as the OS. The section
508 technical standards provide minimum specifications for software
designers to implement this type of solution. In being compatible
with the OS and AT, the software passes and receives information
common to the other layers.
Free Accessibility Checking
JAN S.N.A.P. Tool – Free Evaluation with red,
yellow, green rating.
Does the site allow navigation with screen
reading software?
Does the site provide text alternatives for
all non-text content?
Does the site provide accessible
multimedia (audio/visual (A/V) or
alternatives) that allow users to understand
the content?
Does the site use other means of
conveying information besides color?
Does the site allow users to lower the
volume or completely turn off any
background audio content?
Does the site allow navigation by a user
who does not use a mouse?
Does the site provide users with enough
time to read, understand, and interact with
online content?
S #
Does the site avoid content that flashes or
blinks too quickly?
Does the site allow the default human
language of each page to be
programmatically determined?
Does the site present content in an
organized manner that avoids
unexplained changes in context?
Does the site help users avoid and correct
Does the site allow users to skip repetitive
Does the site provide fully accessible
PDFs, PowerPoint documents, and online
Does the site display the company’s equal
employment opportunity (EEO) policy
Does the site explain to people with
disabilities how they can get help using it
and where to get reasonable
accommodation if they cannot apply online?
Accessibility Checking Software
Bobby from Watchfire. $299. Bobby spiders through a website and
tests on a page-by-page basis to see if it meets several accessibility
requirements, including readability by screen readers, the provision
of text equivalents for all images, animated elements, audio and
video displays. Bobby can see local web pages, as well as web
pages behind your firewall. It performs over 90 accessibility checks.
InFocus from SSB Technologies. $1795. InFocus™ InFocus
Desktop was the first commercial Web accessibility software and
remains the market leader, with over 115 accessibility tests
encompassing all major accessibility standards and a high level of
automation available, InFocus
The LIFT Machine from UsableNet $999. LIFT Machine is a
server-based application that automatically scans internal and
external websites for over 140 quality, accessibility, and usability
issues. It then generates a variety of web-based reports for both
executives and individual content creators.
Accessibility Checking Software
Ramp Ascend from Deque $1499.. Ramp Ascend includes full
capabilities for adding SMIL captioning to multi-media, ensures web
animations are safe, and provides comprehensive table remediation
to even the most complex, n-dimensional tables. Includes plug-ins
for Macromedia Dreamweaver, Microsoft FrontPage, and Mercury
Interactive TestDirector 8. The product without repair functions is
Ramp Grade, $269, and without spidering, Ramp Personal Edition,
$69. Deque also an Enterprise product.
WebKing from Parasoft (Contact for prices.)
WebKing allows users to record critical user click paths by following
them in a browser, then it automatically configures and executes
functional/regression tests that verify paths and page contents while
ignoring insignificant differences. WebKing’s static analysis identifies
client-side code that does not comply with Section 508 accessibility
rules, and pages with broken links, XML problems, and spelling
WebXM from Watchfire (Contact for prices.)
Watchfire provides software and services to identify, measure and
prioritize accessibility, and compliance risks that exist on corporate
web properties.
Best Practice Web
New content
 Policy requires full Accessibility
 Training for standard guidelines
 Mechanism to review continued accessibility
 Existing content: Prioritize
 Core content
 Existing active course content
 Active secondary content
 Historical (inactive) content
 Linking to Outside Content
 Must be accessible
Online Accessibility
John Wodatch, former chief of the disability rights
section of the Justice Department, at the June meeting
of the National Association of College and University
Attorneys, urged college officials to think about the
accessibility of their online courses to blind students
and those with limited manual dexterity.
OCR Letter to University of North Carolina Pembroke
 Complaint about captioning turned into
campus accessibility review
OCR Letter to George Mason University (04-2011)
 15 minute latitude for attendance sufficient
 Refusal to grant webcasts when unable to
attend NOT discriminatory
OCR May 26th 2011 Dear
Colleague Letter
As the use of emerging technologies in the
classroom increases, schools at all levels
must ensure equal access to the educational
benefits and opportunities afforded by the
technology and equal treatment in the use of
the technology for all students, including
students with disabilities.
OCR Technology Requirements
Must a school always provide the same form
of emerging technology to a student who is
blind or has low vision as it provides to all
other students?
No: The legal duty imposed by Section 504 and Title II
is to provide equal opportunity —access to the
educational benefit at issue in an equally effective and
equally integrated manner.
Remember this No really means yes.
OCR on Technology FAQ (cont.)
Whenever existing technology is 'upgraded' by a new
technology feature, it is important to ensure that the
new technology either improves accessibility or is
compatible with existing assistive computer
When an entity selects software programs and/or
hardware equipment not adaptable for people with
disabilities: "...the subsequent substantial expense
of providing access is not generally regarded as an
undue burden when such cost could have been
significantly reduced by considering the issue of
accessibility at the time of the initial selection.”
OCR Technology FAQ and
Online Education
Question 7. Does the DCL apply to online
courses and other online content, such as
online applications for admission, class
assignments, and housing?
 Answer to Question 7. Yes.
 The principles in the DCL apply to online
programs that are part of the operations of the
school, i.e., provided by the school directly or
through contractual or other arrangements.
OCR FAQ (cont.)
Example: A school creates an online course that includes
instruction, posting of assignments and other course
content, and a forum where students can discuss their
course work with the teacher and each other. The teacher
would like to incorporate video clips into the course,
but is unable to obtain the video clips with audio
 As a modification, the teacher creates separate audio
descriptions for each video clip that narrate what is
taking place in the video, and places them in a separate
section of the online course. The online course includes
links that enable persons who use screen readers to
bypass the video clips completely and instead listen to
the audio descriptions.
 Here, the use of detailed audio descriptions that are a
part of the online course would provide students with
disabilities access to the same opportunities and benefits in
an equally effective and equally integrated manner. 204
Distance Education Accessibility
More than Accessibility and 508 Compliance
in every Aspect (testing etc.)
Provide Assistive Technology Training at
Distance Sites
Alternatives to “chats”
Accessible homework options
Accessibility statement on Materials and Web
Accessibility Contact (at all hours program is
operating – 24/7)
“Substantially Equivalent Ease of
“equally effective and equally integrated
manner.” Some forms of emerging technology
may readily offer students educational
opportunities and benefits that traditional
alternative media cannot replicate.”
Online Courses
It is estimated that 90 % of higher education
institutions have online courses of some kind
 The enforcement effort by OCR will
undoubtedly accelerate because Professors
are teaching long distance learning courses
over the Internet and even if a student is
physically in class, homework assignments and
resources are being posted on class webpages.
Accessible Distance Education
Ensure materials and web registration include
access statement
 Ensure compliance in every aspect (testing,
homework, Discussion, etc.)
 Provide assistive technology training at
Distance Sites
 Consider alternatives to live “chats”
Online Course Considerations
Class Size
Admissions and Eligibility (most use regular
In Class Room Time
Lecture by Video Tape over Internet v. Real
Online Discussions requirements (v. more
informal chats)
Delivery Schedule (time requirements)
Purchased lectures or presentations from other
Exams (at home on an honor system v. proctored
Online Course Considerations (cont.)
UDL and Distance Learning
Model Training Course
Accessible Documents
Faculty Training
Learning Management Systems:
 Instructure (Canvas)
 Desire 2 Learn
 Blackboard
 eCollege.
Distance Ed Policy Considerations
On-Campus Fees
Off-Campus (Online)
Incomplete Grade
Credit Hours
Credit Hour Limit
Status Changes
Accessibility Notice
UCONN Faculty
Recommendations for Online
and Blended Courses
Clear statement of expectations and
Explicit course organization, structure, and
Consideration of technical elements
Clear ways for students to obtain technical
Time management and course engagement
(faculty response time etc)
UCONN Student
Recommendations for Online
and Blended Courses
Plan for more time on course-related activities
 Increased need for self-monitoring and selfmanagement
 Need for clear and explicit directions and
expectations from instructor
Who is Responsible For Distance
Technology Accessibility?
The Student: If all students are required to bring their
own computer to campus (with or without disabilities) and
to have all the hardware and software necessary to
participate in the course (compatible computer, software
and Internet access) Including the assistive technology to
access the distance learning course for whatever hardware
and software is necessary to allow him/her to be ready to
Make certain that that requirement is clearly defined in
the admission requirements.
Be certain to advise the required computer capacity.
If modifications are needed to make the computer usable
by the student (screen reading software, modified keyboard,
etc.), it is the students responsibility to acquire same,
and the student must be trained in the use of the computer.
Who is Responsible For Distance
Technology Accessibility (cont.)?
Possibly the School: If the school is providing the
equipment in such places as labs, libraries, etc., then
the school must be sure they make the needed
 Even if it is not the legal obligation of the postsecondary
institution to provide the assistive technology, it is the
responsibility of the distance learning course provider to
make sure that users with disabilities who use assistive
technology have access to the web-based information.
 Goal: Anyone, using any browser, can visit any site and
fully understand the information with complete ability to
interact with the site.
OCR Letter to Strayer University
Online University (70 Campuses)
 Allegations
 Failed to notify student of approved
accommodations (substantiated)
 Failed to provide graphs in textual
alternative formats (substantiated)
 Failed to approve course substitution
 Failed to notify professors of academic
 Failed to notify student if professors
OCR Findings Strayer
Inconsistent information who to contact for
academic adjustments (printed materials)
Inconsistent accommodation protocol
Inconsistent notification to staff and
Spotty implementation of accommodations
Ineffective graphs or descriptions
Inaccessible Website
Extended Test Time Online
How much time do you extend when everyone
else is given more time than the instructor thinks
is really necessary?
 Section 504/ADA hold the promise of equal
access to opportunities presented to students
without disabilities.
 It ONLY matters what opportunities other
students get in relation to that test. (Jane
North Carolina State Tech Policy
committed to promote and integrate universal IT accessibility in the delivery of
its resources and to develop innovative solutions to accessibility challenges for
students, faculty and staff. Vendors must:
a. Assure all features, components and sub-systems of the software or IT
System contained on this RFQ fully comply with Section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d),
Detail why any feature, component or sub-system contained in this RFQ
doe s not fully comply with Section 508, and the way in which the proposed
product is out of compliance;
b. If the Voluntary Product Accessibility Templates (VPAT)
( html) are used, they must include
compliance checklists for:
1. Technical Standards,
2. Function and Performance Criteria
3. Documentation and Support
c. The product offered in response to this RFQ is subject to an accessibility
evaluation by the University.
Best Practice Technology
Adaptive technology is utilized, maintained, and
updated to ensure that students with disabilities have
equivalent access to technology.
Access to computers for students with disabilities is
provided during the same hours available to all students.
Computing access for students with disabilities is
regularly reviewed provisions exist to fund the
necessary technology.
Computer labs are staffed by knowledgeable personnel
who can instruct persons with disabilities on use of AT.
Procedures exist for distributing, maintaining, and
supporting adaptive computer technology training for
Procedures and equipment are in place to ensure that all
electronic information is accessible upon request,
including distance learning and teleconferencing.
Best Practice Technology (cont.)
World Wide Web "publications" are compatible with standard
adaptive software and meet criteria for accessible Web sites
(W3C or 508 standards have been reviewed and adopted).
Accessible Technology Policy (form an Accessible IT committee)
Notice to all faculty and staff of the necessity to make Web
pages and distance learning accessible for ADA compliance.
Training/technical support is provided to faculty and staff for
web/distance learning access.
Informational technologies (such as library catalogues or
information kiosks) are accessible to students with a variety of
Variety of technology readily available (for example, real-time
captioning, C-print, Brailling, screen magnification), or students can
access these items in a timely manner upon request.
Materials in alternative formats is readily available upon request
and in a timely manner. (taped texts, Brailled materials or large print
Accessibility of Instructional Materials
Congress require publishers of digital content to offer it in a fully
accessible format. (offer tax incentives)
Congress also should examine the current state of scanning
services in the typical disability services office to determine whether
scanning print materials satisfies the ADA's accommodation
requirement and whether the Chafee Amendment should be clarified
to allow educational institutions to operate as "authorized (The
amendment allows authorized entities to reproduce or distribute
materials in specialized formats for individuals with disabilities
without running afoul of the Copyright Act.)
Educational institutions should ensure that materials are fully
accessible to students with disabilities.
"institutions should aggressively educate faculty and other
stakeholders about the 'significant guidance documents' issued
by the Department of Justice and the Department of Education
regarding the accessibility of instructional materials,“
"Faculty and other decision-makers must consider equal access
for students with disabilities when choosing products to adopt."
Academic Freedom
Full Freedom to Conduct Research and
 Freedom to Teach Subject in the Classroom
 Freedom to Speak or Write as Individual
Citizens in the Community (not university
 There is NO Academic Freedom to
Discriminate against any Student including
those with Disabilities.
What Do Faculty Need to Implement
Accessibility Effectively
Training (1-3 yr plan)
 Epistemology (objectivism, social
construction, science v. arts)
 Biological basis of learning (cognition,
memory, emotion)
 Learning theories (behaviorism, cognitivism,
 The design of teaching (defining learning
objectives, outcomes, strategies, assessment,
evaluation and evaluation)
 Learning technologies (assessment of
current skill, need, practice)
What Faculty Need (cont.)
 Project work (design, delivery, evaluate)
 Electives:
 Emerging technologies and their application
 Planning, managing courses
 Cultural and international teaching and learning
issues (Bates and Sangra197-198)
 Continuous Professional Development in
Teaching (12 Mo plan)
 Include technology as a component in every
leadership activity (Bates and Sangra)
UCONN E-Tools Course
Organization and Expectations
 Assignment Calculator
 Course Management Software
 Doodle
 Google Reader
 Grade Tracker Template
 MS Word - Hyperlinks
 MS Word - Web Pages
 MS Word - Word to PDF
 Template - Student Resources
 Template - Syllabus
 Template - Week One Introductory Model
 Widgets
E-Tools Instructional Supports and
Materials For Course Content
 Adobe Acrobat Pro 9 Comment
 Adobe Acrobat Pro 9 Extracting PDFs
 Audacity
 Apple Keynote - Audio
 Apple Keynote - Notes
 Apple Keynote Presentation Mode
 BioAlive
 Camtasia
 Feeds
 Flash
 Fotobabble
 Google Docs
 Inspiration
 Jing
 MS Word AutoSummary
 MS Word - Comment
 MS Word - Highlight
 MS Word - Outline
 Podcasts
 PowerPoint - Audio
 PowerPoint - Notes
 PowerPoint - Pictures
 PowerPoint Presentation Mode
 YouTube
E-Tools Student Assessment
Assessment Strategy: Detecting Plagarism
Assessment Strategy: Group Discussion of Exams
Assessment Strategy: Likert Rating Scale for Student Feedback
Assessment Strategy: Online Surveys and Polls: SurveyMonkey,
Polldaddy, Poll Everywhere
Assessment Strategy: Prompts
Assessment Strategy: Providing Formative Feedback on Written Drafts
Assessment Strategy: Rubrics, Rubistar
Assessment Strategy: Test Banks & Practice Tests, Quiz Press
Best Practice Academics
A process exists through the Office of Students with
Disabilities that assists students in determining appropriate
academic adjustments and auxiliary aids based upon
Academic policies are in place that will accommodate the needs of
students with disabilities (repeat rules, incomplete policies,
"reasonable accommodation").
Accommodations are modified as needed.
Fundamental Elements are established for each Degree,
Department and class.
There is a policy that describes how to request course
substitutions without fundamentally alter the educational
program or that would pose unreasonable risk to the student or
Policies exist in the institution that freely allow the following in the
classroom upon request: notetakers, tape recorders, interpreters,
attendants, computers, captioners, and service animals.
Academics (cont.)
Campus tutoring services, when provided for all students,
are accessible to students with disabilities.
Tutors are trained in using adaptive equipment,
alternate media and/or differences in learning styles.
Academic accommodations include:
Reduced course load.
Course substitutions.
Alternate assignments.
Flexible scheduling.
Pass-fail options versus letter grade.
Determination of dean's list status (e.g., during reduced course
 Extended time to complete degree.
 Exam accommodations.
 Adapted technology.
Academics (cont.)
Faculty are Required to Caption and visually
describe all auditory/visual material and provide
accessible online/web material even if optional to
the class.
 Faculty Understand:
 Students can make audio and/or video
recordings of lectures, provided that recording is
not disruptive, when it is an appropriate
accommodation and docs not infringe on
 Faculty are required to provide:
 Accessible Handouts, websites
 Options to reduce distractions during in-class
 Simplified or repeated instructions, orally and
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Best Practice Employment
HR Accessible Policy and Procedure
Departments include essential functions on all job descriptions.
Selection criteria for jobs are consistent with the essential
functions of the job.
Announcements regarding position vacancies are in
accessible formats.
Materials, resources and guides readily available in Alternate
formats to help ensure nondiscrimination in its programs.
Accessible Testing for entrance requirements.
Training/regular updates for all departments regarding their
responsibility in ensuring equal opportunity for people with
disabilities to participate in the programs, activities and services of
and to receive benefits from the institution.
Financial and related employment assistance exists for
employees with disabilities when necessary to achieve equal
access to employment opportunities.
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
NPRM Update Feb 2012
Medical Equipment (exam tables, chairs)
Exercise Equipment
Golf Carts (and number of holes on the course)
Electronics (all kiosks, point of sale machines
and ATM, gas pumps)
Waiting for final proposed rule but 21st Century
Communications and Video Accessibility Act is
effective NOW!
Physical Accessibility
2010 Accessibility Requirements
 Routes
 Parking
 Transportation
 Housing
 Classrooms
 Athletic Facilities
 Restrooms
 Auxiliary Buildings
 Kiosks
Title II and III Regulations:
Hotel/Housing 3-15-2012
On or Off Site Hotel Management and
Reservation Services available to all
Identify and Describe Accessible Features
Hold Guest rooms until all others are sold
Guarantee the Specific Accessible Room
Reserved is Held
Rooms Available on a Walk-Up or Call In
 Timeshares and Condominiums controlled
by 3rd Party Must Operate like Hotels
Housing at Places of Education
Housing operated by or on behalf (includes
 Undergraduate (occupied school year only)
follow transient lodging standards
 Graduate follow residential standards (5%
mobility 2% communication)
 Distinct Purpose Dorms must be scoped
 When changing residential use, new scoping
automatically applies (athletes etc)
Best Practice Physical
Written policy and procedure to require interface between
programmatic and facility issues.
A physical access specialist is available to review renovation/new
construction projects and to consult with architects/institution
regarding the planning of new projects.
Established mechanisms and procedures exist for regular review of
campus building construction, renovation, and maintenance
projects to ensure compliance with ADAAG or UFAS as appropriate.
(Risk Self Inspection)
There is an identified process and mechanism for establishing
the priorities for improving physical accessibility. (Your
Transition Plan)
Information exists via maps, brochures or Web pages regarding
individual building access, access to classes and to campus-wide
When facilities are not fully accessible, procedures exist for
requesting modifications for access or the rescheduling of
events/activities and class reassignment or relocation. (Who has
the authority to move a class?)
Best Practice Physical (cont.)
Any renovations, openings or closing of entrances or
parking lots, installation of security systems,
erection of fences, etc., are communicated
beforehand to the SSD office so students with
disabilities can be informed of the physical changes to
the campus.
 Program access exists in buildings focused on
integration and student choice, using ADAAG for
physical alterations when necessary.
 New campuses/Buildings consider location and
construction of buildings so natural topography is taken
into consideration for new building accessibility.
 Wheelchair-access is ensured for all public locations
of the institution, to eliminate the need to rely on
relocation of classes, programs, services and activities
 Maintain Accessibility During Construction
UC-Berkeley (5-2011)
Failure to move lectures, symposiums and
conferences to an accessible location after six
months of frequent elevator breakdown
violates ADA and 504 when there is no evidence
of the hardship to relocate activities
 Agreement: Online campus access guide
 Violation of a monitoring agreement reported
to the Disability Advocates representing
Plaintiff in prior federal accessibility lawsuit
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Fixed Route Requirements:
Non Fixed Route Requirements:
Paratransit vans exist to supplement the bus
system if all areas of campus cannot be readily
accessed by bus.
 Paratransit is available at all times that other
transit exists, so students can call on an asneeded basis.
 Special programs, entertainment events, social
events, club activities, lectures and similar
events offered by the university are held in
architecturally accessible locations, including
those held off-campus.
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Best Practice Emergency
Alternate methods with the same quality and response
time exist to:
 Notify visitor, students, staff and faculty of
emergency notices?
 Take incoming calls from a TTY
Hours of emergency services are provided for TTY
users equal to the hours of operation of the services
provided to others.
TTY training is mandatory for all emergency
communications services personnel who may have
contact with individuals from the public who have hearing
or speech disabilities.
Telephone emergency services are tested to ensure
direct, equal access for people using TTYs.
Emergency Situations (cont.)
Staff education on emergency evacuation, including
evacuation procedures.
 Staff receive special instructions about the needs of
persons with disabilities, particularly emergency
 Individualized plans are offered and developed if
desired by those with disabilities.
 Necessary evacuation equipment is available in each
 Shelter in place accessibility plan prepared.
 Continuing Operation Plan considers methods to
include those with disabilities.
Emergency Situations (cont.)
Lifts are equipped with emergency
Accessible emergency exists are clearly
marked with access symbols.
There is sufficient lighting along the accessible
routes, corridors, and exists.
Floor plans (e.g., print or tactile maps and
models) include designated accessible exits
and/or refuge areas, which are clearly marked.
Emergency signage/information, including
floor plans, is mounted at an appropriate height
above floor and meets signage requirements.
Emergency Situations (cont.)
Except in fully sprinkled buildings, an area of rescue
assistance is it identified by a sign and meets the following
 Portion of a stairway landing within a smokeproof enclosure.
 Portion of an exterior exit balcony located adjacent
to an exit stairway.
 Portion of a one-hour fire restrictive corridor
located adjacent to an exit enclosure.
 Fire-resistive vestibule located adjacent to an
exit enclosure.
 Portion of a stairway landing within an exit
enclosure which is vented and separated from
the interior of the building with fire resistive
doors (not less than one hour).
 An area or room separated from portions of the
building by a smoke barrier.
Emergency Situations (cont.)
All alarms have both visual and audible signals.
Audible alarms produce a noise which exceeds the
ambient noise level by at least 15 decibels.
Visual alarms xenon strobe type (or equivalent) with
intensity of 75 candela and a flash rate of 1 per second
minimum and 3 per second maximum.
Visual alarms not more than 50 feet apart and
mounted 80 inches above highest floor level or 6 inches
below the ceiling, whichever is lower.
All emergency exit doors clearly marked, and do they
have a minimum opening of 32 inches?
Exit doors equipped with tactile symbols to designate
their location?
OCR Letters to George Mason
University (4-2011)
Student with multiple accessibility complaints
Elevator out of operation for 24 hours total
during a semester is not failure to provide
access however,
Note: Accessible features must be maintained
for proper use
2nd Letter: Emergency Evacuation Procedure
with Area of Rescue Assistance Sufficient
multi story sprinklered building
Things To Consider
 Who
 Materials
Priority (High (1) Medium (2) Low (3))
 Public
 Education
 Employment
Timeline and Deadline
 One Time
 Ongoing
Public Involvement/Information
Remember The Steps To Success
Accessibility Buy In From the Top
ID Key Persons with Decision Making
Authority and Establish Team
Develop Survey Tool
Disseminate Survey to EVERY Department
Have Each Manager Identify Every Program
or Service, the Method of Delivery, The
Customer Served and whether it is
accessible to each category of disability
If it is not, Identify a solution, time frame, and
Return surveys to Committee
Steps To Success (cont.)
Enter data into Excel Spreadsheet
Include Feedback from your Disability
Request Funds
Track Progress
Make Accessibility Part of Contracting,
Purchasing, and Performance Criteria
Work toward Universal Design for Inclusion
Free 508 Universe Training
Accessible Conference (2 hours)
Accessible Video & Multimedia (2.5 hours)
 Additional Accessibility & Usability Concerns(1.25
 Buying accessible E & IT (1.25 hours)
 Building and Buying Accessible Software (2hours)
 Buying Accessible Computers (1.5hours)
 Buying Accessible Telecommunications Products
(1hour 50 minutes)
 Designing Accessible Web Sites (4 hours)
 Micro-Purchases and Section 508(15 minutes)
 Opening Closed Products (1.5hours)
 Section 508 Coordinators (1.5 hours)
Additional Resources
U.S. Department of Education Office of Educational Technology,
National Education Technology Plan,‐2010.
Advisory Commission on Accessible Instructional Materials in
Postsecondary Education for Students with Disabilities,
National Instructional Materials Access Center (NIMAC),
Bookshare for Education,
Described and Captioned Media Program,
Learning Ally (formerly Recording for the Blind & Dyslexic),
National Instructional Materials Accessibility Standard Center
(NIMAS Center),
Additional Resources (cont.)
The American Printing House for the Blind (APH),
The World Wide Web Consortium (W3C),
The Center for Implementing Technology in Education (CITEd),
The Family Center on Technology and Disability (FCTD),
www.accessibletech.orp - a website with information on tools, trainings
and resources on accessible information technology - a free service that will provide accommodation
information to callers
www.disabilityinfo.Kov - comprehensive information about programs
and services on federal state and local levels National Center on Accessible Instructional Materials
(AIM Center)
Further Information
U.S. Department of Justice, Civil Rights
Division, Disability Rights Section
800-514-0301 (voice)
Disability Business and Technical Assistance
Centers (DBTAC)
800-949-4232 (Voice/TTY)
DOJ Title II Checklists
Questions and Answers
 Melissa L. Frost, J.D.
State of Utah, Loss Control Specialist and
ADA Coordinator