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Number of posts in this thread: 7 (In chronological order)

From: Joseph Krack
Date: Fri, Oct 23 2020 11:00AM
Subject: Training Materials
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A  question for the group.  My Department is working with a company to
provide software training.  Because this company wants to protect their
content, it is available in class in a format that is not accessible to
assistive technology.  Basically it is locked, and non-downloadable. 
When a student who uses assistive technology asked for the information
in an accessible file format it was difficult to get one from them.  She
was not able to get an accessible version in class.  After the training
she kept asking for material she should use and they tried several times
to send file formats that were locked, or basically in a plain text
(without structure).  On the third attempt she received an accessible
PDF file, with strict instructions to not share it with anyone else.

While I understand the importance of this vendor trying to protect their
content, I also understand that accessible content needs to be readily
available to students.  In the same way that ramps to the entrance
should not be available only upon request, accessible content should be
expected without special request.

Does anyone in this forum have experience with this issue?   Has any
litigation determined the proper way of addressing this issue?  We have
a new contract for training coming up soon, and I want to address issues
such as this in the requirements of the new contract.

Thanks in advance, Joe

From: Amber Holladay
Date: Fri, Oct 23 2020 11:58AM
Subject: Re: Training Materials
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Kudos to you for being an advocate.

In the United States, it is ultimately the employer who is required to
ensure accessible materials for employees who request accommodations. I am
not well-versed in other countries, but as you said, the language requiring
an outside company to provide those materials MUST be in the contract. Most
(if not all) of the litigation you are going to find is employee vs
employer unless there was a contract agreement.

I came up with a couple links that may help you get started.

ADA Requirements:
https://www.eeoc.gov/publications/ada-your-responsibilities-employer

Vendor Contracts: https://www.lflegal.com/2018/04/vendor-contracts/

Sample contract language:
https://ocul.on.ca/accessibility/procurement/model-license-and-contract-language

On Fri, Oct 23, 2020 at 11:01 AM Joseph Krack < = EMAIL ADDRESS REMOVED = >
wrote:

> A question for the group. My Department is working with a company to
> provide software training. Because this company wants to protect their
> content, it is available in class in a format that is not accessible to
> assistive technology. Basically it is locked, and non-downloadable.
> When a student who uses assistive technology asked for the information
> in an accessible file format it was difficult to get one from them. She
> was not able to get an accessible version in class. After the training
> she kept asking for material she should use and they tried several times
> to send file formats that were locked, or basically in a plain text
> (without structure). On the third attempt she received an accessible
> PDF file, with strict instructions to not share it with anyone else.
>
> While I understand the importance of this vendor trying to protect their
> content, I also understand that accessible content needs to be readily
> available to students. In the same way that ramps to the entrance
> should not be available only upon request, accessible content should be
> expected without special request.
>
> Does anyone in this forum have experience with this issue? Has any
> litigation determined the proper way of addressing this issue? We have
> a new contract for training coming up soon, and I want to address issues
> such as this in the requirements of the new contract.
>
> Thanks in advance, Joe
>
> > > > >

From: chagnon
Date: Fri, Oct 23 2020 5:17PM
Subject: Re: Training Materials
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We're software trainers (for accessibility) and have proprietary copyrighted workbooks (for an example, see www.PubCom.com/books).

For our classes, the workbooks are printed because that no only protects our copyrighted material, but it's also the preferred media in a training class; the book is open on the student's desk, and their computer screen is dedicated to the software. If the book were digital, the student would have to flip back and forth between the software and the book, which is extremely inefficient and frustrating for most students.

BUT, we do make our workbooks available as accessible PDFs when that is requested by a student. And we're able to lock the PDF file well enough so that our intellectual property is protected but the PDF still gives the student full accessibility with their AT, commenting, forms filling, and other tasks.

In fact, making fully accessible PDFs is exactly what my firm teaches.

So your software training vendor needs to learn how to create fully accessible training materials. Based on what you said they said, they haven't truly investigated their options.

(Warning: shameless self-promotion, but it really is the only way for this vendor to produce the accessible training materials you need, especially if they are produced in Adobe InDesign.)

Recommend they take our classes (Word, PowerPoint, InDesign, Acrobat) at www.PubCom.com/classes.

— — —
Bevi Chagnon | Designer, Accessibility Technician | = EMAIL ADDRESS REMOVED =
— — —
PubCom: Technologists for Accessible Design + Publishing
consulting ' training ' development ' design ' sec. 508 services
Upcoming classes at www.PubCom.com/classes
— — —
Latest blog-newsletter – Simple Guide to Writing Alt-Text

From: Peter Shikli
Date: Sat, Oct 24 2020 1:38PM
Subject: Re: Training Materials
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Joe,

We also remediate PDFs for accessibility, but I suggest your training
materials publisher consider EPUBs, which we also remediate.  Because
EPUBs are HTML based, we have lots more accessibility tags and
constructs to improve the accessibility experience.  What your training
materials publisher will like is how DRM (Digital Rights Management) is
integrated into EPUBs.  This is why academic publishers have all gone
with EPUBs instead of PDFs to protect their expensive textbooks while
complying to regulations. Your training materials publisher is surely
aware of their near-term regulatory fork in the road, expensive Braille
or accessible digital.

The EPUB roadblock has historically been a lack of free, non-proprietary
readers and display options for the public.  This is improving right
now.  I'd be happy to point your training materials publisher toward
those resources.

As far as learning and tracking with a printed book, accessible or not,
we transitioned to two monitors for all our analysts years ago to deal
with that.  Work product on the left monitor and instructions on the
right.  I can't imagine going back, in fact, we've expanded one of the
monitors to double wide.

Cheers,
Peter Shikli
Access2online Inc.

From: Jeffrey (JDS)
Date: Sat, Oct 24 2020 3:50PM
Subject: Re: Training Materials
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ePub has proven to be the way to go... time and time again.

From: chagnon
Date: Sat, Oct 24 2020 5:17PM
Subject: Re: Training Materials
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Quote: << As far as learning and tracking with a printed book, accessible or not, we transitioned to two monitors for all our analysts years ago to deal with that. >>

I'd wager that most people on this list have dual monitors, but that doesn't mean students and learners have them. We're finding through our distance learning classes that maybe 1/3 of our adult students have a 2nd monitor. The reasons why folks don't:

1) They have 2 monitors at work, but now that they're working from home, their employer won't give them another monitor. They working only on their small laptop screen.

2) They're working only part time now, and don't have the finances to purchase a second monitor.

3) They've just never had 2 monitors and only now have had the reason to have 2.

We certainly can control our computer environments, but not those of our learners.

— — —
Bevi Chagnon | Designer, Accessibility Technician | = EMAIL ADDRESS REMOVED =
— — —
PubCom: Technologists for Accessible Design + Publishing
consulting ' training ' development ' design ' sec. 508 services
Upcoming classes at www.PubCom.com/classes
— — —
Latest blog-newsletter – Simple Guide to Writing Alt-Text

From: DE BAETS Carine
Date: Mon, Oct 26 2020 4:07AM
Subject: Re: Training Materials
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Indeed, it depends which country you're in. I would very much doubt that their approach is legitimate. Protecting their materials with watermarks and statements is allowed; not making it accessible for persons with a disability is illegal.