Web Accessibility in Higher Education Why it Matters and What You Have to Do

Ken Nakata, JD, CIPP/US HiSoftware

About Ken Nakata

•  Director, Accessibility Consulting Practice, HiSoftware –  Worked for twelve years as a Senior Trial

Attorney with the U.S. Department of Justice. –  Argued on behalf of the United States

government many times before the federal courts.

–  Helped shape the government’s policies for the Americans with Disabilities Act and Section 508 of the Rehabilitation Act.

–  In 2000, Attorney General Janet Reno presented Nakata with the Attorney General’s Award for Excellence in Information Technology.

Structure of Presentation

1.  Traditional Laws and Regulations Requiring Web Accessibility

2.  How They Are Used for Suing Colleges and Universities

3.  New Laws and Regulations Requiring Even Greater Levels of Web Accessibility

4.  What You Should Do to Prepare

Traditional Laws and Regulations Requiring Web Accessibility

Two Types of Laws and Regulations

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

General Concepts: •  Program Access:

When “viewed in its entirety”

•  Looks at every way that a programs are offered (live, web, different locations, etc.)

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Specific Laws: •  Section 504:

Do you receive federal funding ANYWHERE?

•  ADA Title II: Are you a public entity (part of a state or local government)?

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Examples: •  Kindle settlement

agreements •  Web accessibility and

Penn State University

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Overall Concept •  Universal design

requirements that apply to “new stuff” (procurements or newly developed web pages)

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Section 508 •  Section 508 applies

only to Federal govt. •  BUT most states

have created their OWN Section 508 laws and policies

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

WCAG 2.0 AA •  Not legally required,

per se (not currently in any law or regulation in U.S.)

•  But quickly becoming the de facto standard

Program-Based Laws and

Regulations

Section 504

ADA Title II

Standards-Based Laws, Regulations,

and Guidelines

Section 508

WCAG 2.0

Examples: •  IT procurement

policies at many universities

•  WCAG 2.0 AA now an accepted requirement in all settlements

New Developments

•  New Section 508 standards coming – Harmonize to

WCAG 2.0 AA – Huge international

trend toward WCAG 2.0 AA

New Developments

•  New ADA Regulations for Web Coming – State and Local

Entities First. – Will likely harmonize

to WCAG 2.0

New Developments

•  New FCC “CVAA” regulations affecting: – New communication

technologies (chat, messaging, etc.)

– New televised multimedia productions

Goals

•  WCAG 2.0 AA Compliance

•  Complete “program access” to people with disabilities

Where to Start •  Benchmark your web

content against WCAG 2.0 – Consider outsourcing – Consider automated

tools

•  Perform a Section 504/Title II Review – Get a Copy of the

Title II Action Guide

How to Get There •  Start Small – 1-2 requirements at a

time – Back up with training

and resources – Benchmark success

(using automated technology) to justify expanding requirements

Process Followed by Successful Clients

About HiSoftware •  Content-aware Compliance and Security

•  Customer model focused on:

–  Global 2000 (FinServ | Pharma | Healthcare | Utilities)

–  US and International Central Governments, State and Local Governments

–  Higher Education

•  Over 1,250 customers since 2007, spread across five continents

•  Global presence with offices in Nashua, NH; Redmond, WA; Washington, DC; Melbourne, AUS

Trusted by Customers

Questions Ken Nakata k.nakata@hisoftware.com