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Web Access Considerations under Section 504 & Title II

November 2002

Office for Civil Rights
U.S. Department of Education
www.ed.gov/ocr
ocr@ed.gov
(800) 421-3481

Tim Spofford
Senior Civil Rights Attorney& OCR Internet Coordinator
tim.spofford@ed.gov
(206) 220-7932

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• Title VI of the Civil Rights Act of 1964 (race, color, national origin)
• Title IX of the Education Amendments of 1972 (sex)
  
• Section 504 of the Rehabilitation Act of 1973
  
• Title II of the Americans with Disabilities Act of 1990
  
• Age Discrimination Act of 1975
  
  

• State Education Agencies
  
• Colleges and Universities
• Elementary and Secondary School Systems
  
• Adult Education and GED Programs
  
• Vocational and Proprietary schools
  
• State Vocational Rehabilitation Agencies
  
• Libraries
  

• Prohibits discrimination by recipients of federal financial assistance
  
• Covers public and private colleges
  
• Regulations promulgated in 1977 - 34 CFR Part 104
  
• More specific than Title II for colleges and universities
  

• Prohibits discrimination by public entities
  
• Does not apply to private colleges
  
• Same definitions & requirements as 504
  
• Includes some specifics not found in Section 504, such as "communication."
  

• End isolation
  
• Secure equal opportunity
  
• Foster independence
  
• Prevent a hostile environment
  

• Web sites
  
• Distance learning
  
• Computer labs & class workstations
  
• E-mail systems
  
• Online services e.g., course registration
  
• Library services e.g., catalog systems
  
• "Business services" e.g., ticketing
  

• Entities providing any aid, benefit or service may not afford a qualified person with a disability an opportunity to participate that is not as effective as the opportunities provided to others.
  
  • 34 CFR 104.4(b)(1)
    
• Qualified students may not be excluded from a program or given different benefits or services in a program on the basis of disability.
  
  • Same
    

• Same as Section 504 relative to different opportunities, benefits, and services
  
  • 28 CFR 35.130(b)
    
• Requires "effective communications"
  
  • 28 CFR 35.160(a)
    
• Requires "Primary consideration" of "customer preferences"
  
  • 28 CFR 35.160(b)(2)
    

• other effective means of communication
• fundamental alteration
• undue burden (financial or administrative)
  

• Most integrated setting appropriate
  
  • 28 CFR 35.130(d), see also 34 CFR 104.4(b)(2)

Integration is fundamental to the purposes of the Americans with Disabilities Act. Provision of segregated accommodations and services relegates persons with disabilities to second-class status.

• Analysis of the Final Title II Regulation, 28 CFR Part 35
  

• Requires federal agencies to provide IT access
  
• Detailed standards, including for web design, for federal agencies
  
• Web requirements intentionally similar to W3C/WAI
  
• Potentially useful as guidelines for recipients and other non-federal entities
  

• All require access to information technology & web-based information
  
• 504 and Title II prohibit covered entities from discriminating against any person because of disability
  
• By contrast, 508 contains specific standards for federal agencies to follow in providing accessible technology - 36 CFR Part 1194.
  
  

• Title III
  
• Airline's web site not "place of public accommodation"
  
• Based on website not impeding access to "a specific, physical concrete space"
  
  

• Martin v. Metropolitan Atlanta Rapid Transit Authority, (ND Georgia, 10-7-02) (Preliminary Injunction)
  
• Section 504 & Title II
  
• Denial of effective Braille, phone & web site route & schedule information violated law
• Does not say inaccessible web site a violation

  www.gand.uscourts.gov/documents/1001cv3255TWTinj.pdf
  

  
  

• Exchange of information fundamental to education
  
• Denial of equally effective opportunity to gain information made available to students generally is a denial of equal educational opportunity
  
• Using technology to exchange information doesn't lessen need to ensure access
  

• Involve cases resolved by voluntary agreements
  
• Were resolved in most cases before full investigation and findings
  
• Are illustrative and anecdotal
  
• Are not binding precedent
  
  
  

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• Alleged denial of blind access to Internet
  
• Voluntary resolution before completion of investigation
  
• pine and lynx training at HTC
  
• Continue to consider advances in AT that improve effectiveness of communication
  
• Might need to do more as AT improves

• Alleged denial of blind access to libraries and computer services
  
• Voluntary agreement before completion of investigation
• Analogizes to accessibility of buildings
  
• Suggested ad hoc approach to IT access resulted in denial of access
  
• Viewed "communication" as including internet resources
  

• Alleged failure to provide Braille version of TOEFL course text
  
• Letter required effective access to course text, which was core component of curriculum and closely correlated with course content
  
• Relied on communications "as effective as" requirement
  

• Systemwide compliance review of print & computer access by blind students
  
• Surveyed 110 colleges
  
• Resolved before compliance findings with voluntary agreement
  
  

• Effective AT requires planning and training
  
• IT acquisition didn't consider blind students
  
• Distance learning development didn't consider blind students
  
  

• Systemwide & institutional plans, not ad hoc approach
  
• Reliance on HTCs for training and advice
  
• Guidelines for distance learning and technology acquisition
  
• System-wide alternate media program
  
• Accessibility incorporated into centralized IT acquisition
  
  

• Suggested computer access should be in the classrooms and general computer labs
  

• Blind access to be considered when buying hardware and software
  
• Policies specifying which administrative units responsible for to identifying, installing and maintaining adaptive workstations
  
• To adopt system to ensure web designers adhere to accessible design principles
  
  

• Alleged denial of web access & AT not maintained, out of date, non-functional
  
• Pertinent allegations resolved with voluntary agreement without finding as to compliance
  
• College-wide plan for IT access, including AT, web, purchasing, and training
  
• Hired qualified AT specialist
  

• Alleged obsolete AT, lack of tech support for adapted computers, and SIU Library web site inaccessible
  
• After investigation, voluntary resolution agreement:
  
  • Upgraded AT
    
  • Enhanced computer support
    
  • Self-evaluation of web site and redesign as needed to ensure accessibility
    
    

• Students must be provided equally effective access to the program
  
• Every "program" and "activity" is covered
  
• Goals are nondiscriminatory program access and effective communications
  
  

• Law contemplates increased independence for people with disabilities through accessible technology
  
• Consumer preferences needs to be seriously considered
  
• Failure to plan for technology access and ad hoc approach may result in denial of access
  

• Modifications not required if fundamental alteration or conflict with essential program requirements
  
• Equally effective alternatives can be considered
  
• OCR considers whether alternative methods of providing access to programs and information are effective (on case by case determination)
  
  

• Timeliness
  
• Accuracy
  
• Provision in a manner and medium appropriate to the significance of the message
  
• Flexibility
  
• Comparable burden
  
• Audience for web content will have a variety of needs that must be considered
  
  

• Best practices - institutional policies for IT access
  
  • Standards
    
  • Procurement guidelines
    
  • Assignment of responsibility for cost
    
  • Procedures for delivery of needed AT
    
  • Publication
    
• Proactive approach & adoption of policies help avoid legal problems later
  

• Adopt unambiguous policy requiring accessible web content, including alternative access modes for exceptions
  
• Publicize policy
  
• Adopt & publish plan for compliance
  
• Easier and less costly to build it right than to retrofit
  
  

• New content
  
• Existing content:
  
  • Core content
    
• Existing active course content
  
• Active secondary content
  
• Historical (inactive) content
  

• W3C/WAI: Web Content Accessibility Guidelines 1.0
  
• Section 508 Standards
  
• State regulations or system wide rules
  
• Another set of standards, including "home grown," that produce comparable results
  
  

Contact Information

Center for Technology and Disability Studies
University of Washington
Box 357920
Seattle, WA 98195-7920

Phone: 800-841-8345 (Voice/TTY, toll-free within Washington State)
206-685-4181 (Voice /TTY)
206-616-1396 (TTY/TTY Message)
206-543-4779 (FAX)
Email: uwctds@u.washington.edu

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