Legal & Ethical Issues

Introduction

WebAim, one of the best sources of information in this field, says the following:

“A common theme in the accessibility field is a belief that compliance with a set of guidelines means you are accessible. You can be fully Section 508 compliant, for example, yet totally inaccessible. Guidelines and standards, even the WCAG guidelines, should be used as tools, not as a true measure of accessibility. While guidelines might help us determine that a page is INACCESSIBLE, they cannot and never will be able to tell us if our page IS accessible. …The goal of guidelines is to support accessibility, but when extremists focus more on compliance than on accessibility, accessibility is ultimately what suffers.” (from Accessibility > Compliance webaim.org/articles/gonewild/#compliance )

Legal/Ethical Terminology

I thought it would be easy to find the difference between guidelines and standards – and other, similar words we use almost interchangeably like rules, regulations, policies, recommendations, technical standards, directives, legislation, etc. It wasn’t so easy!

Healthy Child Care America does a pretty good job related to their field. Their site (http://www.healthychildcare.org/StandardsRegulations.html) has more detail about each, but here are the basics:

  • “A Standard is criteria set for a certain task.. It differs from a recommendation or a guideline in that it carries great incentive for universal compliance. It differs from a regulation in that compliance is not necessarily required for legal operation…

  • A Recommendation is a statement of practice that potentially provides a health benefit to the population served…

  • A Guideline is a statement of advice or instruction pertaining to practice. Like a recommendation, it originates in an organization with acknowledged professional standing. Although it may be unsolicited, a guideline is developed in response to a stated request or perceived need for such advice or instruction….

  • A Regulation takes a previous recommendation or guideline and makes it a requirement for legal operation. A regulation originates in an agency with either governmental or official authority and has the power of law. Such authority is usually accompanied by an enforcement activity. …

DifferenceBetween.net summarizes their article, “Difference Between Guideline and Policy” (http://www.differencebetween.net/miscellaneous/difference-between-guideline-and-policy/), in part by saying:

1. “Policies are more of the mandatory type compared to guidelines that are not mandatory.

2. If one does not follow the policies, he or she is said to have violated them whereas if one fails to follow a set of guidelines he or she is not really violating them. It is more appropriate to say that it could have been better if he or she has followed the guidelines.”

Saint Louis University defines four items. Their site (http://www.slu.edu/its/policies-and-processes) has more detail about each, but here are the basics:

· “Policy: A formal, brief, and high-level statement or plan that embraces an organization's general beliefs, goals, objectives, and acceptable procedures for a specified subject area. Policies always state required actions, and may include pointers to standards. …

· Standard: A mandatory action or rule designed to support and conform to a policy. …

· Guideline: General statements, recommendations, or administrative instructions designed to achieve the policy's objectives by providing a framework within which to implement procedures. …

· Procedures: Procedures describe the process: who does what, when they do it, and under what criteria. …”

Legal/Ethical Glossaries & Dictionaries

  • WAI (Printable) Glossary http://www.w3.org/WAI/GL/Glossary/printable.html

  • The Americans with Disabilities Act Glossary of Terms https://askjan.org/links/adaglossary.htm

  • ADA Accessibility Terms and Definitions http://www.disabled-world.com/definitions/ada-glossary.php

Places to Get Started

    • Disability Discrimination: Overview of the Laws [US Dept of Education] http://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html

    • Office for Civil Rights http://www2.ed.gov/about/offices/list/ocr/index.html

General Information

    • Accessible and Inclusive Education for Everyone http://insights-on-business.com/education/accessible-and-inclusive-education-for-everyone/

    • Protecting Students With Disabilities [US Dept of Educationhttps://www2.ed.gov/about/offices/list/ocr/504faq.html

    • Accessibility education and learning: Presentations, articles and white papers addressing accessibility [also a good model (I think) for telling people where the links are going, etc.] http://www-03.ibm.com/able/education/index.html

    • Laws, standards and regulations http://www-03.ibm.com/able/laws/index.html

    • Accessibility [ISO (International Organization for Standardization)] http://www.iso.org/iso/home/news_index/iso-in-action/accessibility.htm

    • [Accessible Technology] Laws, Policies, & Standards www.uw.edu/doit/accessdl

    • Accessibility Lawsuit Insights – What Goes Wrong & How to Fix It [download ebook from cielo24] https://cielo24.com/2017/02/accessibility-lawsuit-insights-higher-education/

    • United States Access Board Guidelines and Standards https://www.access-board.gov/guidelines-and-standards

    • Laws Concerning the Access Board https://www.access-board.gov/the-board/laws - ADA, Architectural Barriers Act 1968, Rehabilitation Act 1973, Telecommunications Act 1996

    • Web Accessibility Laws and Policies - International, too https://www.w3.org/WAI/Policy/

    • United States Laws [WebAIM] http://webaim.org/articles/laws/usa/

    • The separate, unequal education of students with special needs: With DOJ lawsuit unresolved, students are stuck on computers and learning little [Georgia’s Network for Educational and Therapeutic Support, or GNETS] http://hechingerreport.org/georgia-program-children-disabilities-separate-unequal-education/

    • SSB Webinars - Moderator (July 27 2017) https://www.levelaccess.com/ocr-department-education-doj-change-approach-digital-accessibility/

    • SSB Webinars - Moderator: Brand-new whitepaper about dealing with the OCR and Digital Accessibility and Education: https://www.levelaccess.com/compliance-resources/access-insights/

      • Side by Side WCAG vs. 508 http://jimthatcher.com/sidebyside.htm

Specific Legislation

**January 2017**

Update of the Section 508 Standards and Section 255 Guidelines for Information and Communication Technology https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/overview-of-the-final-rule

"On January 18, 2017, the U.S. Access Board published a final rule updating accessibility requirements for information and communication technology (ICT) covered by Section 508 of the Rehabilitation Act and Section 255 of the Communications Act."

Accessible Instructional Materials in Higher Education Act of 2017 (AIM HIGH) - Proposed

Americans with Disabilities Act (ADA)

A nice simple description of the history and purpose of the ADA can be found on the Pledge to Recommit to Full Implementation of the ADA, which is part of the 25th anniversary of the ADA. The pledge reads like this:

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. On July 26, 2015, we will celebrate the 25th anniversary of the signing of the ADA.

The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, and increasing full participation in community life. However, the full promise of the ADA will only be reached if we remain committed to continue our efforts to fully implement the ADA.

On the 25th anniversary of the Americans with Disabilities Act, I (name) will celebrate and recognize the progress that has been made by reaffirming the principles of equality and inclusion and recommitting my efforts to reach full ADA compliance.

NOW THEREFORE, I (name) do hereby reaffirm to continue to work toward full ADA compliance. ....

(From adaanniversary.org/pledge)

Quick Links: ADA

Americans with Disabilities Act http://www.ssbbartgroup.com/reference/laws-and-standards/americans-with-disabilities-act/ Areas include Initial Cases, Cases and Settlements, and Current Guidance.

    • Accessible Technology Information and Technical Assistance on the Americans with Disabilities Act] http://www.ada.gov/access-technology/index.html

    • ADA.gov [Information and Technical Assistance on the Americans with Disabilities Act] http://www.ada.gov/

Section 504 of the Rehabilitation Act

"Section 504 of the Rehabilitation Act of 1973, as amended, is a civil rights law that prohibits discrimination on the basis of disability. This law applies to public elementary and secondary schools, among other entities." (from http://www.parentcenterhub.org/section504/)

Many students who register with disability services in higher education had individualized "Section 504 Plans" during their K-12 years.

Quick Links: Section 504

    • Section 504, Rehabilitation Act of 1973 [US Dept of Labor] http://www.dol.gov/oasam/regs/statutes/sec504.htm

    • Protecting Students With Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities http://www2.ed.gov/about/offices/list/ocr/504faq.html

Section 508 of the Rehabilitation Act

"Section 508 of the Rehabilitation Act requires access to electronic and information technology procured by Federal agencies. The Access Board developed accessibility standards for the various technologies covered by the law..." (From www.sjsu.edu/accessibility/ati/glossary/)

States that receive funding under the Assistive Technology Act of 1998 must comply with Section 508 guidelines. (From www.netmechanic.com/accessibility/glossary.shtml)

Quick Links: Section 508

    • United States Access Board: Section 508 Standards for Electronic and Information Technology https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards#subpart_b

    • SECTION 508 of the REHABILITATION ACT (Quick Guide) [download] http://go.cielo24.com/section-508-of-the-rehabilitation-act-quick-guide

Individuals with Disabilities Education Act (IDEA)

Many students who register with disability services in higher education received special education services in their K-12 years through the IDEA.

Quick Links: IDEA

  • IDEA: Individuals with Disabilities Education Act https://www.cec.sped.org/Policy-and-Advocacy/Current-Sped-Gifted-Issues/Individuals-with-Disabilities-Education-Act

  • IDEA 2004 Statute and Regulations http://www.wrightslaw.com/idea/law.htm

    • Individuals with Disabilities Education Act (IDEA https://sites.ed.gov/idea/

    • Individualized Education Program (IEP) http://www.education.com/reference/article/individualized-education-program-iep1/

Other Legislation, Litigation and Legal Issues

Higher Education

    • A Wave of Disability-Lawsuit Threats Against Colleges May Have Receded http://www.chronicle.com/article/A-Wave-of-Disability-Lawsuit/240550?cid=at&utm_source=at&utm_medium=en&elqTrackId=8a0db9554b6b446c9852c312ddf6b746&elq=752becc4240e4e888318599deb637d15&elqaid=14627&elqat=1&elqCampaignId=6178

    • One Activist Has Hundreds of Colleges Under the Gun to Fix Their Websites http://www.chronicle.com/article/One-Activist-Has-Hundreds-of/240551?cid=trend_right_a

Lists of Cases

  • Cases [Disability Rights Advocates] http://dralegal.org/cases/ You can search by case area and by disability

  • Higher Ed Accessibility Lawsuits, Complaints, and Settlements http://www.d.umn.edu/~lcarlson/atteam/lawsuits.html

  • Cases [from AccessMOOC] http://accessmooc.weebly.com/team-bios.html ] https://learn.canvas.net/courses/831/pages/cases?module_item_id=145459

South Carolina Technical College System

  • Civil Rights Agreement Reached with South Carolina Technical College System on Accessibility of Websites to People with Disabilities http://www.ed.gov/news/press-releases/civil-rights-agreement-reached-south-carolina-technical-college-system-accessibi

  • Resolution Agreement: South Carolina Technical College System (OCR Compliance Review No. 11-11-6002) (PDF) http://www2.ed.gov/about/offices/list/ocr/docs/investigations/11116002-b.pdf

  • Compliance Review: South Carolina Technical College System (March 8, 2013) http://www2.ed.gov/about/offices/list/ocr/docs/investigations/11116002-a.html

Specific Litigation

  • Harvard and MIT Face Lawsuit for Lack of Online Captioning https://campustechnology.com/articles/2015/02/12/harvard-and-mit-face-lawsuit-for-lack-of-online-captioning.aspx

    • Harvard Accessibility Lawsuit Moves Forward https://www.insidehighered.com/quicktakes/2016/02/23/harvard-accessibility-lawsuit-moves-forward

    • National Association of the Deaf v. Harvard University (pdf) www.ada.gov/briefs/harvard_soi.pdf

    • National Association of the Deaf v. MIT (pdf) www.ada.gov/briefs/mit_soi.pdf

  • Justice Department Enters Consent Decree with National Tax Preparer H&R Block Requiring Accessibility of Websites and Mobile Apps Under Americans with Disabilities Act https://www.justice.gov/opa/pr/justice-department-enters-consent-decree-national-tax-preparer-hr-block-requiring

    • Settlement Between Penn State University and National Federation of the Blind http://accessibility.psu.edu/nfbpsusettlement/

    • United States Reaches Settlement with Provider of Massive Open Online Courses [MOOCs] to Make its Content Accessible to the Disabled https://www.justice.gov/usao-ma/pr/united-states-reaches-settlement-provider-massive-open-online-courses-make-its-content

    • Online Video and the ADA: How a Landmark Case Changed the Legal Landscape of Closed Captioning [National Association of the Deaf v Netflix] http://www.3playmedia.com/resources/webinars/ada-09-16-2015/

    • Joint "Dear Colleague" Letter: Electronic Book Readers http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html

      • Frequently Asked Questions About the June 29, 2010, Dear Colleague Letter http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.html

    • Fry v. Napoleon Community Schools [service dog in school (Supreme Court)] http://www.scotusblog.com/case-files/cases/fry-v-napoleon-community-schools/

      • Fry v. Napoleon Community Schools http://www.wrightslaw.com/blog/fry-v-napoleon-community-schools/

Miscellaneous Legislation, Litigation, etc

  • Assistive Technology Act

      • Assistive Technology Act http://www.parentcenterhub.org/repository/ata/

      • ASSISTIVE TECHNOLOGY ACT OF 1998, AS AMENDED (Public Law 108-364) http://www.ataporg.org/summaryact.html

  • Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities

    • Report of the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities http://aem.cast.org/about/publications/2011/postsecondary-advisory-commission-report.html#.V0Sek4-cEdU

    • Key Points: AIM Commission Final Report http://www.educause.edu/blogs/jcummings/key-points-aim-commission-final-report

    • Federal Government Convenes Commission to Help College and Graduate Students with Disabilities https://eida.org/ld-college-student-commission/

    • The report: http://www2.ed.gov/about/bdscomm/list/aim/publications.html

  • Higher Education Act (HEA)

    • Briefing Paper: Reauthorization of the Higher Education Act (HEA): The Implications for Increasing the Employment of People with Disabilities [National Council on Disability (2015)] https://www.ncd.gov/publications/2015/05192015

    • Highlights at the beginning gives facts with numbers...

    • Accessible Instructional Materials for Students with LD: Important News for Families and Educators http://www.ncld.org/archives/blog/accessible-instructional-materials-for-students-with-ld-important-news-for-families-and-educators https://eida.org/ld-college-student-commission/

Accessibility in Other Countries

  • Canadian Charter of Rights and Freedoms. (1982). Part I of the Constitution Act, 1982 http://laws-lois.justice.gc.ca/eng/Const/page-15.html#h-40

  • The Canadian Human Rights Act. (1985). Purpose of the Act http://laws-lois.justice.gc.ca/eng/acts/H-6/page-1.html

  • BC Ministry of Education. (2013). Special Educational Services: A Manual of Policies, Procedures and Guidelines (pdf) http://www.bced.gov.bc.ca/specialed/special_ed_policy_manual.pdf

Resources to Explore Further

New links that I find but have not yet looked at closely enough to add to my lists.