California Higher Education Requirements | U.S. Federal Government Requirements | Texas K-12 Textbook Adoptions | State Braille Bills
Policy Issues
Policies are now in place or under consideration in several markets and jurisdictions that make accessibility a requirement for educational software. Each mandating agency generally establishes its own set of requirements. Information in this document will help software developers meet the needs of the policies discussed below.
California Higher Education Requirements
The California Community College system has released Distance Education Access Guidelines for the creation and purchase of distance learning materials for the colleges, as well as Alternate Media Access Guidelines for the provision of textbooks in electronic format. These policies were created after a review by the U.S. Department of Education Office for Civil Rights found that the colleges were not meeting the needs of students with disabilities as required by the Americans with Disabilities Act. The guidelines are available from the High Tech Center Training Unit of the California Community Colleges.
The Alternate Media Access guidelines serve as a guide for the implementation of a California law (AB422) requiring publishers to provide textbooks in electronic format to the three systems of higher education in California (the University of California, the California State University, and the California Community Colleges). The Distance Education Access Guidelines include a summary of legal requirements as well as access guidelines for specific modes of distance education instructional delivery. See www.htctu.fhda.edu for these documents and other resources.
U.S. Federal Government Requirements
The California initiatives described in the previous section are the result of similar requirements in two Federal laws: Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (as amended in 1998). These laws require that public entities and recipients of federal funds make their programs equally effective for all qualified individuals, regardless of disability. All elementary, secondary, and post-secondary educational institutions are regulated under these laws. A useful legal analysis of these requirements is provided in the California Community Colleges' Distance Education Access Guidelines, available at the Web address.
The U.S. Department of Education Office for Civil Rights enforces these laws in two ways: through investigation and resolution of individual complaints of discrimination, and through compliance reviews that target problems of larger significance. As educational resources are increasingly delivered using inaccessible technologies, further complaints or compliance reviews will be directed at additional institutions, which will then require accessible materials from publishers or software developers. For more information on the Office for Civil Rights see:
Office for Civil Rights: Section 504 and Education
www.ed.gov/ocr/disability.html
In order to ensure that its technology is accessible to its own employees and to the public, the Federal government is creating regulations based on Section 508 of the Rehabilitation Act which require that electronic and information technology developed, procured, maintained, or used by the Federal government be accessible to people with disabilities. These regulations will apply to all federal purchases of technology. This requirement will likely extend to the purchase of educational technology by the Department of Defense Education Activity, which manages K-12 schools for military families. Requirements in Section 508 may also impact state colleges and universities. For official information on Section 508 see:
The Access Board
www.access-board.gov
Federal IT Accessibility Initiative
www.section508.gov
Texas K-12 Textbook Adoptions
Texas has for several years been studying the issue of access to electronic books and educational software for students with disabilities (particularly students with visual impairments). Two reports, one issued in 1997 and one in 1999, provide information on how educational materials can be made accessible. Texas requires publishers to provide electronic files for adopted print materials and has adopted electronic materials as textbooks. It is expected that future regulations or legislation in Texas will require that all adopted materials be accessible, including interactive educational software and electronic textbooks.
State Braille Bills
A number of states have "Braille Bills" which require that publishers provide electronic files of textbooks purchased by the state for use in K-12 schools. These files permit the state to more quickly provide alternative formats for students with disabilities. Math and science materials are generally exempt from these requirements, but as technology for producing math electronically improves these exemptions will probably end. In addition, discussion is underway at the federal level about a single, unifying piece of legislation to replace individual state rules. Federal legislation would provide a more uniform standard for delivery of and better distribution of files to multiple states. While these requirements are for separate files that can be used to produce braille books, creation of accessible electronic textbooks intended for use by all students can also help meet these obligations.
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