As usage of the computer and Internet proliferates, there is an increasing need for websites to be accessible to individuals with disabilities. In this regard, the most often cited legislation, the Americans with Disabilities Act (ADA), is being increasingly interpreted to apply to the Internet. Furthermore, in 1998 Congress amended Section 508 of the Rehabilitation Act. As amended, Section 508 covers all types of electronic and information technology in the Federal sector and applies to all Federal agencies when they develop, procure, maintain, or use such technology. The deadline for Section 508 compliance was June 21, 2001. The full text of
Section 508 in no way replaces or otherwise limits the rights or remedies available under any other existing Federal law that protects the rights of individuals with disabilities. Rather, as part of the Rehabilitation Act, Section 508 clarifies and strengthens the existing obligation of the Federal government to ensure that technology is accessible to individuals with disabilities. Section 508 also directed the U.S. Access Board to develop standards for accessible technology as part of the Federal procurement regulations; these Electronic and Information Technology Accessibility Standards
were issued on December 21, 2000. A summary of the report on the Current State of Federal Accessibility - Information Technology and People with Disabilities is available for your review.
However, in the area of web accessibility to education, there is currently little case law that exists in the United States. Subsequently, the Department of Education and the Department of Justice have taken the position that the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 apply to web accessibility for educational institutions. Furthermore, the Department of Education interprets the Assistive Technology Act (AT Act, 29 U.S.C. 3001) to require that States receiving assistance under the AT State Grants program comply with Section 508. Specifically, Deval L. Patrick, Assistant Attorney General, Civil Rights Division, stated in a letter to Senator Tom Harkin of Iowa that:
"Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well."
This interpretation of the Americans with Disabilities (ADA) has been used by the Department of Education to issue several rulings on cases with regard to online education.
The next page will present a summary of these legal rulings involving distance education.
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