With so many schools rushing to provide online education processes, we are all going to make some mistakes and it’s not going to be perfect. That is understandable, and while we all need to keep working to make things better for teachers and students, it’s important to pay attention to legal responsibilities.
We are sharing an excerpt from this article about 508 compliance, that requires technology in schools to be accessible to students with disabilities. You can find the full article here by Kelley R. Taylor, with the information from the School Library Journal.
“Target, Seattle Public Schools, the Free Library of Philadelphia, and Domino’s Pizza have something significant in common. All have been sued for having websites or digital tools that are not accessible for individuals with disabilities.
In recent years, hundreds of similar cases have been part of a rising tide of web accessibility litigation. In 2018, more than 2,200 such cases were filed in federal court, according to data from Courthouse News Service. That nearly tripled the 814 cases filed in 2017.
“The increase in litigation is primarily due to the continued proliferation and use of websites and web-based services,” says Chris Danielsen, director of public relations at the National Federation of the Blind.
The advocacy organization has supported numerous web accessibility lawsuits that argue school districts, libraries, and companies have violated the Americans with Disabilities Act (ADA) and/or the Web Content Accessibility Guidelines (WCAG).
WCAG are technical standards designed to help developers and technology providers conform to legal requirements in Section 508 of the Rehabilitation Act of 1973. Updated and enhanced in 2018, Section 508 requires that information and communication technology developed, purchased, or maintained by federal agencies or with federal dollars be accessible to individuals with disabilities.
Knowing the rules of 508 compliance is important for school librarians, who are often in charge of school technology and software purchases or, in some cases, maintaining or updating website content, at least for the media center. It comes into play in public libraries as well.
In one case, blind patrons at the Free Library of Philadelphia could not use Nook readers in the library’s e-reader lending program. The patrons argued that by providing Nooks, which did not have text-to-speech capability, the library violated the ADA.
That case and a similar lawsuit brought against Sacramento Public Library were later settled. Both library systems agreed to provide accessible e-readers and not to purchase inaccessible reading technology in the future.
In litigation involving Seattle Public Schools, Noel Nightingale, a blind mother of three, couldn’t use school websites and learning tools designed to provide information and resources for district students and their families.
“Without accessible web content, blind parents cannot track their children’s educational progress, help with homework and other assignments, or participate fully in school programs and activities,” says Danielsen.
Nightingale argued that the district’s failure to ensure that the sites and tools met accessibility standards violated the ADA and Section 504 of the Rehabilitation Act of 1973. Both laws prohibit discrimination on the basis of disability and require reasonable accommodation and equal access.
The case resulted in a landmark settlement and consent decree. Seattle Public Schools agreed to make specific changes to its software, platforms, training processes, and procedures, making its sites and tools accessible for users with disabilities.
“The district replaced its web platform and migrated district websites and sites for its 104 schools to a newer, more accessible platform,” says Nancy Petersen, Seattle Public Schools’ director of enterprise applications and data services. “We also implemented an internal process to vet school software products before use and changed our contracting processes to require new electronic products and applications to be ADA accessible to WCAG 2.0 AA level.”
To comply, Seattle Public Schools also needed to train staff on how to create accessible electronic materials. “Accessibility features in office productivity tools are not easy to use,” says Petersen.
The district reevaluated documents, PDF files, images, videos, audio material, graphics, and fonts. It also engaged in a process to ensure that third-party tools and products procured by the district were accessible for all.
“We found that very few educational tools on the market met our legal accessibility requirements,” Petersen says. “We had to educate many of our vendors about ADA accessibility and WCAG compliance.”
…”Smith says it is important to start with commitment. Often, he finds that the biggest challenges organizations face in getting their websites and technology Section 508 accessible are more systemic than technical.
“Organizations that do not have a clear commitment to accessibility, including a policy and implementation plan, adequate resources and staffing, and sufficient expertise will typically struggle,” he explains. “With these components in place, technical obstacles to achieving compliance—like vendor availability, software compatibility, training, etc.—are easier to overcome.”
Optimally, Smith believes that everyone who manages, creates, or influences web content has some responsibility for ensuring accessibility. In most schools, the technology or web director will have primary responsibility for the technical aspects of web accessibility. Some schools have accessibility coordinators who are charged with ensuring that entities comply with the ADA.
Petersen acknowledges the technical and procurement challenges associated with becoming Section 508 compliant. However, she sees the positive impact. “Seattle Public Schools’ communications and tools are more accessible for students, families, and community members,” she says.
Cox appreciates that legal liability is part of the reason entities that receive federal funding should strive to make their websites and educational software compliant. But it is not the only one.
“A disability should never be a barrier to access—either for a student with a disability or a parent with a disability interacting with school resources,” she says. “Ensuring that digital spaces are as accessible as our physical spaces is the next frontier. It is also just the right thing to do.””
You can find the entire article here.
