The Office of Civil Rights (OCR) of the Department of Education, is responsible for enforcing the existing laws, such as Section 508, with regard to the accessibility of online education. Cases that have been pursued by the OCR involving complaints filed by individuals with disabilities who were denied equal access to online education, development and/or training include:
The enforcement effort by OCR will undoubtedly accelerate because web accessibility issues that are currently being faced by educational institutions will only become more urgent in the future. Library reference services are being transformed by the efficiency of Internet access to information systems and search engines. Professors are teaching long distance learning courses over the Internet and even if a student is physically in class, homework assignments and resources are being posted on class webpages. Yet, even if a library terminal has assistive computer technology installed for users with disabilities, Internet research by users with disabilities is not possible with inaccessible webpage design.
OCR also points out that the courts have held that a public entity violates its obligations under the ADA when it only responds on an ad-hoc basis to individual requests for accommodation. There is an affirmative duty to develop a comprehensive policy in advance of any request for auxiliary aids or services. Moreover, the community of persons with disabilities is required to be consulted in the development of this policy.
Of particular interest is the analogy OCR draws between the rationale for bringing an existing building up to code for access and the purchase of new technology for information systems. For example, buildings built prior to access laws are governed by 'program access' requirements and remodeling triggers the requirement to install certain accessible architectural features.
Similarly, the effective communication requirement imposes a duty to solve barriers to information access that the entity's purchasing choices create. Whenever existing technology is 'upgraded' by a new technology feature, it is important to ensure that the new technology either improves accessibility or is compatible with existing assistive computer technology. For example, web-authoring software programs that erect barriers in their coding of web pages fall under this scrutiny.
Lastly, OCR states that when an entity selects software programs and/or hardware equipment not adaptable for people with disabilities:
"...the subsequent substantial expense of providing access is not generally regarded as an undue burden when such cost could have been significantly reduced by considering the issue of accessibility at the time of the initial selection."
Therefore, all technology improvements must take into account the removal of barriers and ensure that new barriers to access do not occur. Covered entities preparing to retrofit their web sites need to be aware of this issue.
The next page will present additional resources on disabilities.
College of Architecture (COA)
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