Making Technology Accessible

Is the electronic information technology (EIT) on your campus accessible to students with disabilities? For most institutions, the answer is no. However, under the Rehabilitation Act and the Americans with Disabilities Act (ADA), institutions have a legal responsibility to ensure that students with disabilities can access electronic information, such as webpages. Legal action and government enforcement have increased over the last five years:

• The U.S. departments of Education and Justice investigated institutions for technology accessibility violations and, in several cases, issued a resolution or settlement agreement stating that the institution was in violation of the ADA and Section 504 of the Rehabilitation Act (Section 504). The agreements cite the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA as a standard-setting source.
• Organizations such as the National Association of the Deaf and the National Federation of the Blind brought litigation against institutions, claiming that a lack of accessible technology discriminated against students with disabilities.
• A law firm sent demand letters to more than 50 colleges claiming the institution’s website or technology use violated the ADA and Section 504. (UE members can access FAQs in My UE Tools on UE.org and watch our webinar, Website Accessibility: A Primer on Recent Threats to Sue Education Institutions, on EduRiskSolutions.org. Nonmembers can request additional information at info@ue.org.)
• A disability advocate filed more than 800 Office for Civil Rights complaints against K-12 schools and higher ed institutions, including several complaints against colleges also targeted by law firm demand letters.

Rather than relying on students to report disabilities to receive services, the departments of Education and Justice expect institutions to take practical steps to make all technology equally accessible. Each institution should create a policy, implementation plan, and guidelines outlining procedures for making campus technology accessible. Follow these recommendations:

Promote accessibility. The institution should form a team of stakeholders to create the accessibility policy and implementation plan. The team can appoint an EIT coordinator to oversee the accessibility program and website. The coordinator drafts guidelines for making technology accessible. These guidelines should follow WCAG 2.0 standards and strive to attain as much Level AA conformance as possible.

Provide training. Everyone developing online content should receive training on EIT accessibility.

Solicit feedback. Conduct annual usability tests to determine whether students and faculty with disabilities can successfully use campus EIT.

Hold third-party vendors accountable. Institutions should hold the vendor responsible for ensuring the technology it delivers is accessible by requiring a Voluntary Product Accessibility Template that validates conformance to all guidelines listed in Section 508 of the Rehabilitation Act. During the contracting and procurement process, someone should be charged with ensuring all third-party contracts include adequate accessibility provisions.

More guidance on implementing a successful EIT policy is available in the EduRisk Risk Research Bulletin, Understanding Your Institution’s Duty to Make Technology Accessible.

By Melanie Bennett, associate risk management counsel