Policy Issues
Policies are now in place in several markets and jurisdictions that make accessibility a requirement for educational software. Each mandating agency generally establishes its own set of requirements, although the U.S. Federal government's Section 508 rules (see below) are rapidly becoming the example that many follow. Information in these guidelines will help software developers meet the expectations of the policies discussed below.
U.S. Federal Government Requirements
ADA and Section 504
Two Federal laws govern accessibility of education: Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (as amended in 1998). All elementary and secondary schools and most postsecondary educational institutions are regulated under these laws. Title II and Section 504 have essentially the same requirements.
Regulations prohibiting discrimination in education are enforced by the Office of Civil Rights (OCR) at the U.S. Department of Education. Visit their Web site for more information on disability rights.
A useful legal analysis of these requirements is provided in the California Community Colleges' Distance Education Access Guidelines.
The requirements of Section 504 and Title II of the ADA specify that institutions must be responsive to the needs of individual students and make programs and services accessible to them on request. This differs from the proactive requirements of Section 508, discussed below, which state that all technology purchased by the Federal government must be accessible whether it is initially intended for use by a disabled employee or not.
However, the settlements made between educational systems and the OCR in response to complaints of disability discrimination have sometimes required the educational institutions to make systemic and proactive changes in their procurement and use of instructional materials to ensure that textbooks and educational technology are accessible to students with disabilities. The California Community College guidelines mentioned above are one outcome of this process (Docket #11-01-1132); statewide requirements in North Carolina for textbook accessibility are another example (Docket #09-97-6001). For more information about OCR agreements contact the office at 1-800-421-3481 or see the contact information on the OCR Web site. Also see the U.S. Department of Education Office for Civil Rights for information on how these laws are enforced.
Section 508
In order to ensure that its technology is accessible to its own employees and to the public, the Federal government has created regulations based on Section 508 of the Rehabilitation Act that require that electronic and information technology developed, procured, maintained or used by the Federal government be accessible to people with disabilities. These regulations apply to all Federal purchases of technology. Requirements in Section 508 may also impact state colleges and universities, pending policy decisions from the Department of Education Office of Civil Rights. For official information on Section 508 see:
The Access Board
Federal IT Accessibility Initiative
U.S. State Policies
The Technical Assistance Project at RESNA (Rehabilitation Engineering and Assistive Technology Society of North America) maintains a partial list of states with accessibility requirements for government Web pages.
The Texas School for the Blind and Visually Impaired maintains a list of states with requirements for publishers to provide electronic files of printed textbooks purchased in the state.
Some recent and interesting state requirements are summarized in this section.
California Higher Education Requirements
The California Community College (CCC) system has released Distance Education Access Guidelines and Alternate Media Access Guidelines. The Alternate Media Access guidelines serve as a guide for the implementation of 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 CCC). The Distance Education Access Guidelines serve as a guide for the implementation of the CCC's agreement with the U.S. Department of Education's Office of Civil Rights to ensure that students with visual impairments are given full access to distance learning in the CCC system. This document includes a summary of legal requirements as well as access guidelines for specific modes of distance education instructional delivery. CCC's two sets of guidelines are available from the CCC High Tech Center Training Unit
Maryland K-12 Educational Technology Requirements
Maryland enacted legislation in 2002 stating that any purchase of technology-based instructional products by school districts must include a requirement of equivalent access for students with disabilities, as defined by the Federal Section 508 requirements. This will also apply to teacher-developed instructional materials beginning in fiscal year 2005. Read the Equivalent Access for Students with Disabilities bill on the Maryland General Assembly Web site.
New York State K-12 Textbook Requirements
The New York State requirement for accessible textbooks mandates every school district to develop a plan for providing instructional materials to students with disabilities at the same time they are available to students without disabilities. It directs districts to amend their procurement policy to give preference to publishers who provide alternative format materials, including electronic files. An accessible electronic textbook might be a way to meet these provisions. Read the text of bill A07962 on the New York State Assembly Web site.
Texas K-12 Print and Electronic Textbook Requirements
Texas has for several years been studying the issue of access to electronic books and educational software for students with disabilities. Two reports, one issued in 1997 and another in 1999, provide information on how educational materials can be made accessible. Texas requires publishers to provide electronic files for adopted print textbooks and now, since the announcement of Proclamation 2002 (for materials that will be purchased for use in 2005-2006), requests that publishers meet Section 508 requirements as a part of their adoption submissions for electronic textbooks.
The Texas School for the Blind's Instructional Resources Page offers the two reports mentioned here, as well as additional information on accessible instructional materials.