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Thread: [FWD] Universities Legal Web Accessibility Update
Number of posts in this thread: 19 (In chronological order)
From: Sarah Horton
Date: Tue, Nov 18 2003 11:16AM
Subject: [FWD] Universities Legal Web Accessibility Update
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I thought WebAIM readers might be interested in this unsolicited info-advertisement I received from Usablenet. I found it more than a little troubling that they seem to be promoting their text transcoder as a solution to 504/ADA compliance:
"Basically, you need to offer good access to digital content and offering a text mode would be an easy way to achieve this."
I expect this language will be very enticing to schools who want to/have to make their sites accessible, especially the "easy" part. It's hard work retrofitting a site for accessibility, and most colleges/universities do not have centralized control and resources. The idea of slapping a "text-only version" link on all pages and getting on it is going to sound mightly attractive.
Does anyone else find this troubling?
Sarah
--- Forwarded Message from = EMAIL ADDRESS REMOVED = ---
>Date: Tue, 18 Nov 2003 05:05:22 -0500
>To: = EMAIL ADDRESS REMOVED =
>From: = EMAIL ADDRESS REMOVED =
>Subject: Universities Legal Web Accessibility Update
We are seeing an increasing number of Universities create policies
around web accessibility and every day many people ask us, "what are the
legal requirements for our university's website"?
In summary:
You may not need to do as much as you once thought - Section 508 may not
apply to your University or College but Section 504 and the ADA do for
sure. Even if Section 508 does apply to you, you only have to worry
about meeting these standards for content created after June 21st 2001.
See full legal notes below.
With focus on solutions many Universities, including Penn State
University, have adopted a solution to address these two areas:
1. Content not affected by Section 508
Create a text mode dynamically based on the graphics mode: LIFT Text
Transcoder - see the Penn State page and how they use this tool:
http://www.equity.psu.edu/access_psu/text.asp
Get a product demo:
http://www.usablenet.com/frontend/demoform.jsp?prod=tt
2. Content affected by Section 508
Provide web designers with a tool that plugs into their authoring
environment and builds compliant content as-they-go: - see how Penn
State is using LIFT for Dreamweaver:
http://www.equity.psu.edu/access_psu/lift.asp
Get product demo: http://www.usablenet.com/frontend/demoform.jsp
Below we have outlined in detail, the current legal standards for US
Colleges and Universities in order to help you determine what you need
to do with YOUR content.
1. Does a University web site have to be Section 508 Compliant?
No! UNLESS you are a State Entity in a State that receives funds under
the Tech Act.
(Section 508 applies to Federal departments and agencies and does not
apply to recipients of Federal funds. However, states receiving Federal
funds under the Tech Act are required to comply with Section 508.
http://www.icdri.org/CynthiaW/the_digital_divide.htm#_edn12)
2. So, if Section 508 does not apply to my University, then what does?
And what do I have to do to meet those requirements?
You must comply with the standards set by Section 504 of the
Rehabilitation Act and the ADA.
Basically, you need to offer good access to digital content and offering
a text mode would be an easy way to achieve this.
Specifically the U.S. Department of Justice (USDOJ) has issued only one
policy ruling letter concerning web site accessibility, dated September
9, 1996 - Under the rationale of "effective communication", the USDOJ
Letter states that ADA Titles II and III require state and local
government entities and the business sector (including Universities) to
effectively reach all users when communicating via the Internet. The
effective communication rule applies to entities using the Internet to
convey information about their programs, goods or services and they must
be prepared to do so via an accessible medium.
Specifically addressing the needs of people with visual disabilities,
the USDOJ Letter points out that providing a text format rather than a
graphical format ensures the accessibility of the Internet for
individuals using screen readers.
(source: http://www.icdri.org/CynthiaW/the_digital_divide.htm)
3. If Section 508 applies to my University what do I have to do?
If you are a State Entity and your state receives funds under the Tech
Act then you have to follow the content requirements set out under
section 508 for content created AFTER June 21st 2001. See:
http://www.section508.gov/index.cfm?FuseAction=Content&;ID=12#Web
All content created prior to this date is not subject to Section 508 but
would be covered by Section 504 and the ADA (see #2 above)
4. Are there any other laws that I need to be aware of?
Yes, if you are a State Entity, you may be affected by a Law that has
been passed in your individual state. You should check with your State
CIO office for an update on what is required.
If you want to unsubscribe follow this link:
http://liftonline.usablenet.com/users_email/scripts/remove.php3?email= = EMAIL ADDRESS REMOVED = &address_id=595631107
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From: julian.rickards
Date: Tue, Nov 18 2003 11:23AM
Subject: RE: [FWD] Universities Legal Web Accessibility Update
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Hmmm, treating peoples with handicaps as second class citizens - that sounds
like a great idea (NOT).
---------------------------------------------------------
Julian Rickards
Digital Publications Distribution Coordinator
Publications Services Section
Ontario Ministry of Northern Development and Mines
Phone: (705) 670-5608
Fax: (705) 670-5690
>
From: Paul Bohman
Date: Tue, Nov 18 2003 11:42AM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
There's something rather humorous about the UsableNet advertisement. It
says:
<quote>
> 1. Does a University web site have to be Section 508 Compliant?
>
> No! UNLESS you are a State Entity in a State that receives funds
> under the Tech Act.
<end quote>
Why is this humorous? Because *every single state* in the United States
receives funds under the Tech Act. Not only that, but so do the US
territories:
American Samoa
Guam
District of Colombia
Northern Mariana Islands
Puerto Rico
US Virgin Islands
(see http://128.104.192.129/taproject/at/statecontacts.html)
So, in light of that information, does a University web site have to be
Section 508 Compliant?
Yes! (with, perhaps, some wiggle room for private universities)
Sarah Horton wrote:
> ...I thought WebAIM readers might be interested in this unsolicited
> info-advertisement I received from Usablenet. I found it more than a
> little troubling ...
--
Paul Ryan Bohman
Technology Coordinator
WebAIM (Web Accessibility in Mind)
www.webaim.org
Center for Persons with Disabilities
www.cpd.usu.edu
Utah State University
www.usu.edu
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From: Kevin A Sesock
Date: Tue, Nov 18 2003 11:43AM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
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The fact that Section 508 does not apply to Postsecondary is simply not
true.
Section 508 applies to federal agencies, and through the Tech Act, any
States (and their agencies) that accept monies for an Assistive Technology
Project. Since all states do accept these monies, Section 508 applies to
the states as well. The question of whether or not Section 508 applies to
Postsecondary State funded Public institutions has not yet been decided by
case law, but will, at some point. Additionally, many states are in the
process or have already adopted legislation that mimics are expounds upon
Section 508 and applies to all state agencies, including Education.
It is true that Section 504 and ADA apply to Postsecondary, and these
require access to "programs and services" in an "equal and timely manner".
However, the fact that Section 508 doesn't apply (or, ultimately, doesn't
yet apply), is misleading. Universities should be preparing for this no
matter what.
Kevin A. Sesock, A+, NET+, CNA, MCSA
Assistive Technology/Accessibility Support
Information Technology Division
Oklahoma State University
"Hail to the speaker, hail to the knower; joy to he who has understood,
delight to they who have listened." --Odin
= EMAIL ADDRESS REMOVED =
11/18/2003 12:10 PM
Please respond to webaim-forum
To: = EMAIL ADDRESS REMOVED =
cc: (bcc: Kevin A Sesock/it/Okstate)
Subject: [FWD] Universities Legal Web Accessibility Update
I thought WebAIM readers might be interested in this unsolicited
info-advertisement I received from Usablenet. I found it more than a
little troubling that they seem to be promoting their text transcoder as a
solution to 504/ADA compliance:
"Basically, you need to offer good access to digital content and offering
a text mode would be an easy way to achieve this."
I expect this language will be very enticing to schools who want to/have
to make their sites accessible, especially the "easy" part. It's hard work
retrofitting a site for accessibility, and most colleges/universities do
not have centralized control and resources. The idea of slapping a
"text-only version" link on all pages and getting on it is going to sound
mightly attractive.
Does anyone else find this troubling?
Sarah
--- Forwarded Message from = EMAIL ADDRESS REMOVED = ---
>Date: Tue, 18 Nov 2003 05:05:22 -0500
>To: = EMAIL ADDRESS REMOVED =
>From: = EMAIL ADDRESS REMOVED =
>Subject: Universities Legal Web Accessibility Update
We are seeing an increasing number of Universities create policies
around web accessibility and every day many people ask us, "what are the
legal requirements for our university's website"?
In summary:
You may not need to do as much as you once thought - Section 508 may not
apply to your University or College but Section 504 and the ADA do for
sure. Even if Section 508 does apply to you, you only have to worry
about meeting these standards for content created after June 21st 2001.
See full legal notes below.
With focus on solutions many Universities, including Penn State
University, have adopted a solution to address these two areas:
1. Content not affected by Section 508
Create a text mode dynamically based on the graphics mode: LIFT Text
Transcoder - see the Penn State page and how they use this tool:
http://www.equity.psu.edu/access_psu/text.asp
Get a product demo:
http://www.usablenet.com/frontend/demoform.jsp?prod=tt
2. Content affected by Section 508
Provide web designers with a tool that plugs into their authoring
environment and builds compliant content as-they-go: - see how Penn
State is using LIFT for Dreamweaver:
http://www.equity.psu.edu/access_psu/lift.asp
Get product demo: http://www.usablenet.com/frontend/demoform.jsp
Below we have outlined in detail, the current legal standards for US
Colleges and Universities in order to help you determine what you need
to do with YOUR content.
1. Does a University web site have to be Section 508 Compliant?
No! UNLESS you are a State Entity in a State that receives funds under
the Tech Act.
(Section 508 applies to Federal departments and agencies and does not
apply to recipients of Federal funds. However, states receiving Federal
funds under the Tech Act are required to comply with Section 508.
http://www.icdri.org/CynthiaW/the_digital_divide.htm#_edn12)
2. So, if Section 508 does not apply to my University, then what does?
And what do I have to do to meet those requirements?
You must comply with the standards set by Section 504 of the
Rehabilitation Act and the ADA.
Basically, you need to offer good access to digital content and offering
a text mode would be an easy way to achieve this.
Specifically the U.S. Department of Justice (USDOJ) has issued only one
policy ruling letter concerning web site accessibility, dated September
9, 1996 - Under the rationale of "effective communication", the USDOJ
Letter states that ADA Titles II and III require state and local
government entities and the business sector (including Universities) to
effectively reach all users when communicating via the Internet. The
effective communication rule applies to entities using the Internet to
convey information about their programs, goods or services and they must
be prepared to do so via an accessible medium.
Specifically addressing the needs of people with visual disabilities,
the USDOJ Letter points out that providing a text format rather than a
graphical format ensures the accessibility of the Internet for
individuals using screen readers.
(source: http://www.icdri.org/CynthiaW/the_digital_divide.htm)
3. If Section 508 applies to my University what do I have to do?
If you are a State Entity and your state receives funds under the Tech
Act then you have to follow the content requirements set out under
section 508 for content created AFTER June 21st 2001. See:
http://www.section508.gov/index.cfm?FuseAction=Content&;ID=12#Web
All content created prior to this date is not subject to Section 508 but
would be covered by Section 504 and the ADA (see #2 above)
4. Are there any other laws that I need to be aware of?
Yes, if you are a State Entity, you may be affected by a Law that has
been passed in your individual state. You should check with your State
CIO office for an update on what is required.
If you want to unsubscribe follow this link:
http://liftonline.usablenet.com/users_email/scripts/remove.php3?email= = EMAIL ADDRESS REMOVED = &address_id=59
From: Jon Gunderson
Date: Tue, Nov 18 2003 12:17PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
Sara,
I found the e-mail very disturbing and only reinforcing a outmoded
stereotypes of accessibility, namely the text only site. The goal of
accessibility should be more than just meeting the technical requirements
of Section 508 or W3C WCAG, but moving toward accessible design that will
benefit all users, including people with disabilities. I have seen far to
many sites that comply with Section 508 and are still not functionally
accessible to people with disabilities.
It is an unfortunate e-mail that will play into the ignorance of many of
its recipients.
Jon
At 01:09 PM 11/18/2003 -0500, Sarah Horton wrote:
>I thought WebAIM readers might be interested in this unsolicited
>info-advertisement I received from Usablenet. I found it more than a
>little troubling that they seem to be promoting their text transcoder as a
>solution to 504/ADA compliance:
>
>"Basically, you need to offer good access to digital content and offering
>a text mode would be an easy way to achieve this."
>
>I expect this language will be very enticing to schools who want to/have
>to make their sites accessible, especially the "easy" part. It's hard work
>retrofitting a site for accessibility, and most colleges/universities do
>not have centralized control and resources. The idea of slapping a
>"text-only version" link on all pages and getting on it is going to sound
>mightly attractive.
>
>Does anyone else find this troubling?
>
>Sarah
>
>--- Forwarded Message from = EMAIL ADDRESS REMOVED = ---
>
> >Date: Tue, 18 Nov 2003 05:05:22 -0500
> >To: = EMAIL ADDRESS REMOVED =
> >From: = EMAIL ADDRESS REMOVED =
> >Subject: Universities Legal Web Accessibility Update
>
>We are seeing an increasing number of Universities create policies
>around web accessibility and every day many people ask us, "what are the
>legal requirements for our university's website"?
>
>In summary:
>
>You may not need to do as much as you once thought - Section 508 may not
>apply to your University or College but Section 504 and the ADA do for
>sure. Even if Section 508 does apply to you, you only have to worry
>about meeting these standards for content created after June 21st 2001.
>See full legal notes below.
>
>With focus on solutions many Universities, including Penn State
>University, have adopted a solution to address these two areas:
>
>1. Content not affected by Section 508
>Create a text mode dynamically based on the graphics mode: LIFT Text
>Transcoder - see the Penn State page and how they use this tool:
>http://www.equity.psu.edu/access_psu/text.asp
>Get a product demo:
>http://www.usablenet.com/frontend/demoform.jsp?prod=tt
>
>2. Content affected by Section 508
>Provide web designers with a tool that plugs into their authoring
>environment and builds compliant content as-they-go: - see how Penn
>State is using LIFT for Dreamweaver:
>http://www.equity.psu.edu/access_psu/lift.asp
>Get product demo: http://www.usablenet.com/frontend/demoform.jsp
>
>Below we have outlined in detail, the current legal standards for US
>Colleges and Universities in order to help you determine what you need
>to do with YOUR content.
>
>1. Does a University web site have to be Section 508 Compliant?
>
>No! UNLESS you are a State Entity in a State that receives funds under
>the Tech Act.
>
>(Section 508 applies to Federal departments and agencies and does not
>apply to recipients of Federal funds. However, states receiving Federal
>funds under the Tech Act are required to comply with Section 508.
>http://www.icdri.org/CynthiaW/the_digital_divide.htm#_edn12)
>
>2. So, if Section 508 does not apply to my University, then what does?
>And what do I have to do to meet those requirements?
>
>You must comply with the standards set by Section 504 of the
>Rehabilitation Act and the ADA.
>
>Basically, you need to offer good access to digital content and offering
>a text mode would be an easy way to achieve this.
>
>Specifically the U.S. Department of Justice (USDOJ) has issued only one
>policy ruling letter concerning web site accessibility, dated September
>9, 1996 - Under the rationale of "effective communication", the USDOJ
>Letter states that ADA Titles II and III require state and local
>government entities and the business sector (including Universities) to
>effectively reach all users when communicating via the Internet. The
>effective communication rule applies to entities using the Internet to
>convey information about their programs, goods or services and they must
>be prepared to do so via an accessible medium.
>
>Specifically addressing the needs of people with visual disabilities,
>the USDOJ Letter points out that providing a text format rather than a
>graphical format ensures the accessibility of the Internet for
>individuals using screen readers.
>(source: http://www.icdri.org/CynthiaW/the_digital_divide.htm)
>
>3. If Section 508 applies to my University what do I have to do?
>
>If you are a State Entity and your state receives funds under the Tech
>Act then you have to follow the content requirements set out under
>section 508 for content created AFTER June 21st 2001. See:
>http://www.section508.gov/index.cfm?FuseAction=Content&;ID=12#Web
>All content created prior to this date is not subject to Section 508 but
>would be covered by Section 504 and the ADA (see #2 above)
>
>4. Are there any other laws that I need to be aware of?
>
>Yes, if you are a State Entity, you may be affected by a Law that has
>been passed in your individual state. You should check with your State
>CIO office for an update on what is required.
>
>
>
>
>If you want to unsubscribe follow this link:
>http://liftonline.usablenet.com/users_email/scripts/remove.php3?email= = EMAIL ADDRESS REMOVED = &address_id=595631107
>
>
>----
>To subscribe, unsubscribe, suspend, or view list archives,
>visit http://www.webaim.org/discussion/
Jon Gunderson, Ph.D., ATP
Coordinator of Assistive Communication and Information Technology
Division of Rehabilitation - Education Services
MC-574
College of Applied Life Studies
University of Illinois at Urbana/Champaign
1207 S. Oak Street, Champaign, IL 61820
Voice: (217) 244-5870
Fax: (217) 333-0248
E-mail: = EMAIL ADDRESS REMOVED =
WWW: http://cita.rehab.uiuc.edu/
WWW: http://www.staff.uiuc.edu/~jongund
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From: Spruill, Kevin (NIH/NLM)
Date: Thu, Nov 20 2003 10:38AM
Subject: RE: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
Thanx for passing that along Sarah, and thank you Paul for pointing out the
utter fallacy of their statement re: "1. Does a University web site have to
be Section 508 Compliant?". Unfortunately, there are far too many
organizations that will blindly believe this, because they don't know
enough. Hopefully, at the very least someone will point it out to Usable...
Perhaps someone from their legal dept. and we can get this fixed before too
much damage is done.
HK
From: sean keegan
Date: Thu, Nov 20 2003 11:34AM
Subject: RE: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
Just a question.
Does anyone have any citations (from either DOJ or Access Board)
demonstrating how Section 508 applies to the states via the Tech Act? I
have done some Google searching and found letters from different
government agencies saying why 508 should be applied to the states, but
nothing from the Access Board, Department of Justice, or in the Federal
Register. I have been to several presentations from the Access Board
and (perhaps I misunderstood), but it was mentioned that 508 only
applies to Federal Agencies and that the 508 requirements do not "follow
the money" as 504 requirements do. Additionally, when the Tech Act
legislation was signed, the 508 standards were not actually standards,
only recommendations. Perhaps some case law will make this more clear..
In any case, I agree with Kevin that whether or not 508 applies to the
states, post-secondary institutions should be preparing for this no
matter what. This is not something that is going to just "go away".
sean
Sean Keegan
Web Accessibility Instructor
High Tech Center Training Unit for the
California Community Colleges
Cupertino, CA
408.996.6044
From: Jeff Finlay
Date: Thu, Nov 20 2003 11:48AM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
"Does anyone have any citations (from either DOJ or Access Board)
demonstrating how Section 508 applies to the states via the
Tech Act?"
The simple answer is, no-one has. The reality of the current situation
is that while there is nothing in law to indicate that universities are
not bound by 508, there's nothing to indicate they are bound by it
either. It's a matter of legal perspective at present, and you know how
that works.
It may be that 508 will be invoked at some point in a case involving an
accommodation suit under 504. But right now 508 is something a lot of
parties, including govt agencies, are steering clear of.
But any talk about 508 and universities misses the point anyway, to my
way of thinking. Universities are very explicitly bound by 504, and
there is a long trail of legal precedents that support this. I guess
it's just that 504 is not as 'sexy' as 508, so Usablenet would not think
to use it in its advertising materials.
Jeff
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From: Paul Bohman
Date: Thu, Nov 20 2003 12:37PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
The National Institute on Disability and Rehabilitation Research (NIDRR)
issued a letter on June 30, 1999 regarding the assurance that all states
submitted to the federal government in order to receive money through
the Technology Assistance Act (Tech Act) of 1988.
The letter is reprinted at
http://128.104.192.129/taproject/policy/initiatives/nidrrassur.html
Here are some notable quotes:
"By way of explanation, section 103(d)(6) of the Tech Act required
States to submit an assurance that the State, or any recipient of funds
made available to the State, would comply with guidelines established
under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
Section 508 was reauthorized by the Rehabilitation Act Amendments of
1998 (Public Law 105-220) in August of 1998. The new 508 language has
been broadened and strengthened.
...
Thus, States that receive ATAct funding must continue to comply with the
requirements of section 508 by ensuring that their electronic and
information technology is accessible. This includes compliance with the
standards to be issued and published by the Access Board.
...
We hope this letter clarifies the Department's position regarding the
States' section 508 obligations as they relate to the ATAct grantees."
--
So, though there is still some legal debate surrounding the issue, the
letter states the case rather clearly.
By virtue of being state entities, state colleges and universities would
be required to comply with Section 508, if this letter is taken at face
value.
I am not completely familiar with all of the arguments that propose that
Section 508 does not apply to colleges or universities, but part of the
issue is a simple matter of scale--it is easier for states to make their
state government sites accessible than it is for them to enforce the
accessibility of all of the colleges and universities within the state.
It could also be argued, I suppose, that some colleges and universities
are not receiving any of the Tech Act funds directly. While I think
these points may be valid, they seem rather weak to me from a legal
perspective, especially in light of the letter quoted above. Lawyers of
various persuasions will undoubtedly have their own opinions on the
matter (we'd love to hear from you if you fit that description!).
STILL, there is no doubt that colleges and universities are bound by
Section 504 of the Rehabilitation Act, which states that it is illegal
to discriminate against students with disabilities, and that equal
access must be provided to the opportunities and materials available
within the college/university experience. Section 504 does not mention
the Web specifically (the legislation predated the popularity of the
Web), but in my mind the Web definitely falls in the category of
materials and resources that need to be made available to all students,
and if such access is denied, I think this constitutes discrimination,
and violates Section 504.
sean keegan wrote:
> Just a question&
>
>
>
> Does anyone have any citations (from either DOJ or Access Board)
demonstrating how Section 508 applies to the states via the Tech Act? I
--
Paul Ryan Bohman
Technology Coordinator
WebAIM (Web Accessibility in Mind)
www.webaim.org
Center for Persons with Disabilities
www.cpd.usu.edu
Utah State University
www.usu.edu
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From: Larry G. Hull
Date: Thu, Nov 20 2003 1:34PM
Subject: RE: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
<!doctype html public "-//W3C//DTD W3 HTML//EN">
<html><head><style type="text/css"><!--
blockquote, dl, ul, ol, li { padding-top: 0 ; padding-bottom: 0 }
--></style><title>RE: [FWD] Universities Legal Web Accessibility
Update</title></head><body>
<div>Sean,</div>
<div><br></div>
<div>I've no personal knowledge but a quick search turned up the
following.</div>
<div><br></div>
<div><font
color="#000000">http://www.usdoj.gov/crt/508/archive/deptofed.html<;/font
></div>
<div><br></div>
<div><font color="#000000">3) Who does Section 508 apply to?<br>
<br>
Section 508 applies to Federal departments and agencies. It does not
apply to recipients of Federal funds, and does not regulate the
private sector. However, states which receive Federal funds under the
Technology Related Assistance for Individuals with Disabilities Act of
1988, are required by that Act to comply with Section
508.</font></div>
<div><br></div>
<div><font
color="#000000"
>http://128.104.192.129/taproject/policy/initiatives/508.html<;/font></div
>
<div><br></div>
<div><font color="#000000">The scope of Section 508 is limited to the
federal sector. It does not apply to the private sector, nor does
Section 508 impose requirements on the recipients of federal funds.
However, the Department of Education interprets the Assistive
Technology Act (AT Act), to require states receiving assistance under
the AT Act State Grant program to comply with Section 508, including
the Access Board's standards. The Department of Education, the agency
responsible for administering the AT Act, plans to issue guidance to
explain specifically how the proposed standards would apply to the
states for purposes of the AT Act. Thus, while Section 508, on its
face, is "limited to the federal sector," recipients of
federal funds under the AT Act must also comply with Section
508.</font></div>
<div><br></div>
<div>Hope these two help.</div>
<div><br></div>
<div>Larry</div>
<div><br></div>
<div>At 10:28 AM -0800 11/20/03, sean keegan wrote:</div>
<blockquote type="cite" cite><font face="Arial" size="-1"
color="#000080">Just a question
From: Paul Bohman
Date: Thu, Nov 20 2003 2:01PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
← Previous message | Next message →
Additional note on Section 508:
Here are a couple of arguments against the idea that universities must
abide by Section 508 (in the interest or presenting both sides of the
story):
1. The Tech Act (in the 1994 amendments) says that states must abide by
Section 508. The word "state" is not defined well enough to determine if
it applies to universities, because the Tech Act never explicitly says
that universities are included.
2. There is no method or provision for enforcement other than that of
removing Tech Act funding. The average amount of Tech Act funding is a
mere $400,000 per state, which all states could just as easily live
without. If a state receives a complaint of 508 violations, the penalty
would probably be to remove the Tech Act funding, which would then also
remove the responsibility to abide by 508.
However,
The Department of Education has explicitly stated that it interprets
Section 508 to apply to colleges and universities.
--
Here's a key difference between Section 504 and Section 508: Section 504
allows organizations to make accommodations on an as-needed basis, which
sometimes means that the accommodations come many days, weeks, or even
months after the initial request. Section 508 requires a more pro-active
stance, because it says that the resources must be accessible to begin
with.
In the interest of providing true equality of access, it makes much more
sense to provide accessible educational materials in the moment they are
needed, rather than after it is too late. Section 504 doesn't advocate
for late accommodations, but you can "get away with" a slower approach
under the 504 mentality, unfortunately.
-Paul Bohman
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From: Jeff Finlay
Date: Thu, Nov 20 2003 2:29PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
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> Here's a key difference between Section 504 and Section 508: Section 504
> allows organizations to make accommodations on an as-needed basis, which
> sometimes means that the accommodations come many days, weeks, or even
> months after the initial request. Section 508 requires a more pro-active
> stance, because it says that the resources must be accessible to begin
> with.
Paul, you'd probably know more about this than me, but I have seen some
OCR people rule very strictly on 504 and they wouldn't agree that 504
allows for any kind of slow-down in providing accommodations. The actual
wording of this law is pretty explicit about the need for timeliness in
requested accommodations. However, I think a bigger problem with 504 is
that it IS designed for accommodation needs recurring on a case by case
basis. As long as this is the stop-gap solution for fixing accessibility
problems in the online environment it makes it difficult to purpose
technology as a means of reframing the planning and delivery process.
508 is much more in sync with the latter.
Jeff
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From: Paul Bohman
Date: Thu, Nov 20 2003 2:38PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
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You're right: Section 504 does say that accommodations have to be
timely. And you're also right that the courts have repeatedly ruled that
untimely accommodations are contrary to the intent of the law.
I'm not sure that you're right when you say that I know more about this
that you do though :-)
It's just that the mindset of 504 is "accommodation." The mindset of 504
is "accessible by design," because 508 requires that purchases,
contracts, and information technology be accessible up front, and not
after the fact.
My previous post was probably a bit misleading. I don't mean to imply
that Section 504 permits late responses. It doesn't, but on the
implementation side, late responses are often inevitable, simply because
of the accommodation mentality.
Jeff Finlay wrote:
>
> Paul, you'd probably know more about this than me, but I have seen some
> OCR people rule very strictly on 504 and they wouldn't agree that 504
> allows for any kind of slow-down in providing accommodations.
--
Paul Ryan Bohman
Technology Coordinator
WebAIM (Web Accessibility in Mind)
www.webaim.org
Center for Persons with Disabilities
www.cpd.usu.edu
Utah State University
www.usu.edu
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From: Paul Bohman
Date: Thu, Nov 20 2003 2:42PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
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Sorry. I need to correct a typo in my last post. It should have read:
"It's just that the mindset of 504 is 'accommodation.'" The mindset of
*508* [not 504] is 'accessible by design,' because 508 requires that
purchases, contracts, and information technology be accessible up front,
and not after the fact."
--
Paul Ryan Bohman
Technology Coordinator
WebAIM (Web Accessibility in Mind)
www.webaim.org
Center for Persons with Disabilities
www.cpd.usu.edu
Utah State University
www.usu.edu
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From: Paul Bohman
Date: Thu, Nov 20 2003 3:18PM
Subject: Re: [FWD] Universities Legal Web Accessibility Update
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Here is some additional information about the legal picture for
universities and colleges, posted with permission from a personal
correspondence from Deborah Buck, Director, State IT Accessibility
Initiatives, Information Technology Technical Assistance and Training
Center (ITTATC), Georgia Tech's Center for Assistive Technology and
Environmental Access (CATEA).
With regard to the Tech Act and Section 508:
<quote>
If 508 is interpreted to apply to
"state governments" there are several states where there are entities
such as schools and universities and other entities (e.g., Office of the
Attorney General, Office of the State Comptroller) that are separate
from and not under the authority of the Governor. In many cases, these
entities are not obligated to follow policies established by the
Governor's office. As such, the colleges and universities would not
automatically be obligated to comply. In other cases, there are
specific exemptions. For example, the state of Minnesota adopted their
own state- specific 508 legislation, but they exempted the University of
Minnesota. That said, I don't think that we can say that all schools,
colleges and universities are required to comply. You need to examine
each state on an case-by-case basis to make this determination.
<end quote>
With regard to Section 504:
<quote>
You should take a look at the Department of
Justice's recent issuance of a technical assistance guide related to web
accessibility for states and local governments specifically with regard
to the ADA and 504. http://www.ada.gov/websites2.htm The
interpretation is in line with reasonable accommodation practices under
ADA and 504 versus the required procurement, development, maintenance
and usage of accessible electronic and information technology as
addressed in 508.
<end quote>
Other thoughts:
<quote>
Regardless of whether states are obligated or not- it's just good
business to plan for accessibility. Trying to retrofit or provide
individual accommodations when the products and services can be made
accessible at the front end enabling users to be independent is cost
effective and improves quality of services to people with disabilities
and other users.
<end quote>
My own comments:
It's times like these that make me grateful that I'm not a lawyer ;-)
Obviously the waters are a bit muddy as to whether universities are
specifically required to abide by Section 508. But, as I've noted
before, it's almost a non-issue. Section 504 and the ADA should be
enough. One weakness that they both share, though, is a lack of
technical standards as to what constitutes "accessibility" for the Web.
In the absence of such a standard in the law, Section 508 may be a good
place to look for a standard, or, alternatively, the Web Content
Accessibility Guidelines of the W3C.
--
Paul Ryan Bohman
Technology Coordinator
WebAIM (Web Accessibility in Mind)
www.webaim.org
Center for Persons with Disabilities
www.cpd.usu.edu
Utah State University
www.usu.edu
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From: Yuko Ishida
Date: Thu, Nov 20 2003 10:44PM
Subject: Blog Accessibility
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Hi all,
Now I examine Blog Accessibility.
I think comment windows of Blog are troublesome for disabled person.
Does anyone know articles about Blog Accessibility?
Or any thought?
Thank you,
Yuko Ishida
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From: Kynn Bartlett
Date: Fri, Nov 21 2003 2:13AM
Subject: Re: Blog Accessibility
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A few things.
1. Mark Pilgrim at Dive Into Accessibility (and Dive Into Mark,
etc) did a series on accessibility aimed at blog users:
http://diveintoaccessibility.org/
2. I have submitted a presentation on blog accessibility at
the CSUN conference next year (2004). If accepted (and I
believe it will be), the proceedings will be on the CSUN
conference site in December:
http://www.csun.edu/cod/conf/
(Email me privately and I can zap you a copy of my submission;
= EMAIL ADDRESS REMOVED = )
3. I'm going to be teaching an online eCourse on blogging using
MovableType in February via IWA/HTML Writers Guild. The
course will be four weeks, and $60 for IWA members. The
accessibility of blogging will be specifically addressed,
of course! For more info, use this redirect link:
http://kynn.com/+blogclass
To answer your specific question:
Yes, comment windows are generally a bad thing, because they
open in new windows (often pointlessly) and they give no indication
of doing so. I personally prefer to just use comments on the
page itself, not in a separate window -- I find the standard blog
practice of popping up new windows to be gratuitous and generally
worthless.
If anyone wants to evaluate the accessibility of my blogs, drop
me a note in private email. I'm very open to critiques on the
four (!) I currently maintain.
--Kynn
On Thursday, November 20, 2003, at 09:37 PM, Yuko Ishida wrote:
> Hi all,
>
> Now I examine Blog Accessibility.
> I think comment windows of Blog are troublesome for disabled person.
> Does anyone know articles about Blog Accessibility?
> Or any thought?
>
> Thank you,
>
> Yuko Ishida
>
>
> ----
> To subscribe, unsubscribe, suspend, or view list archives,
> visit http://www.webaim.org/discussion/
>
>
>
--
Kynn Bartlett < = EMAIL ADDRESS REMOVED = > http://kynn.com
Chief Technologist, Idyll Mountain http://idyllmtn.com
Author, CSS in 24 Hours http://cssin24hours.com
Shock & Awe Blog http://shock-awe.info
Inland Anti-Empire Blog http://inlandantiempire.org
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From: Beth Martin
Date: Fri, Nov 21 2003 5:59AM
Subject: Colorblindness tool useful?
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http://www.cbpilot.com/survey
I have nothing to do with this survey or the company, but it was
brought to my attention by someone involved in the project.
CB Pilot is creating a suite of applications to help people with
colorblindness "work successfully with color graphics." I'm concerned
by this turning into yet another plug-in, but the concept of the
application is interesting, nonetheless. Be forewarned about potential
photosensitivity, so skip the rush hour demo (color name flashing).
What do you think of tools of this nature?
-Beth
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From: Yuko Ishida
Date: Fri, Nov 21 2003 5:59PM
Subject: Re: Blog Accessibility
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Hi Kynn,
Thank you for your info.
it helps my study.
I'm interested in your presentation too.
And I visited your site.
That's pretty cool!
Thank you,
Yuko Ishida
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