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Re: Web Applications and ADA/504 (not 508) Compliance

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From: Michael D. Roush
Date: Nov 5, 2003 7:18AM

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From: < <EMAIL REMOVED> >
To: < <EMAIL REMOVED> >
Sent: Wednesday, November 05, 2003 8:26 AM
Subject: Web Applications and ADA/504 (not 508) Compliance


> I have a question about web applications and federal compliance. At
> Kentucky Virtual University, we currently use an online course management
> system (WebCT, if you are familiar with the product) that is Section 508
> compliant, but not entirely "accessible" (scripting must be enabled
before
> a course's content can be rendered). There is currently some debate that
> while the web app is 508 compliant, we could be in Federal hot water
because
> of Section 504 of the Rehab Act and the ADA.
>
> I've never heard of 504/ADA concerns specifically addressing web-based
> media. I was always under the impression that 508 was the final Federal
> word on all things web. Am I missing something?
>

Yes, and no. Section 504 and the ADA do not specifically mention the World
Wide Web. However, more and more, people are beginning to accept that there
are impliciations for the Web within those documents. The basis of the
documents is that no person shall be discriminated against on the basis of a
disability. The Web application of that would seem to be that if an online
class is offered and disabled students cannot take advantage of the class
because of their disability, that constitutes discrimination.

WebCT's website has some very good information for course designers on
making courses accessible
[http://www.webct.com/service/ViewContent?contentID=1790151]. I think every
professor you have designing WebCT course content would benefit from looking
through this information. This page also contains links to alternatives to
the most inaccessible elements of WebCT, the 'whiteboard' and 'chat room'
features.

From the US Dept of Justice web page
[http://www.usdoj.gov/crt/ada/cguide.htm]:
[ Section 504 states that "no qualified individual with a disability in the
United States shall be excluded from, denied the benefits of, or be
subjected to discrimination under" any program or activity that either
receives Federal financial assistance or is conducted by any Executive
agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to
its own programs. Agencies that provide Federal financial assistance also
have section 504 regulations covering entities that receive Federal aid.
Requirements common to these regulations include reasonable accommodation
for employees with disabilities; program accessibility; effective
communication with people who have hearing or vision disabilities; and
accessible new construction and alterations. Each agency is responsible for
enforcing its own regulations. ]

Finally, maybe a note about WebCT being 508-compliant but inaccessible.
Section 508 does have something to say about scripting languages ("When
pages utilize scripting languages to display content, or to create interface
elements, the information provided by the script shall be identified with
functional text that can be read by assistive technology"). Admittedly, I
haven't had a lot of experience with WebCT, but I don't remember it doing
this 'out of the box'. The accessibility section of WebCT's website should
encourage you and give you solid information to present to those who may be
fearful of lawsuits stemming from presenting 'inaccessible online courses'.

Since your situation falls under the US Dept of Ed, you may also wish to
look at the resources at
[http://www.ed.gov/policy/gen/guid/assistivetech.html] for some more
specific information.

Michael
AccessRamp.org


> Bryce Fields
> Web Developer
> Kentucky Virtual University
> http://www.kyvu.org/ <http://www.kyvu.org/>;
>
> 1-877-740-4357
> 1-502-573-1555 ext 288
>
> "Do or do not. There is no try." -- Yoda
>
>
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