Legal Bulletin
October 12, 2001
Accessible Information Technology in Education
The University of Washington Center for Technology and Disability Studies (UWCTDS) is a partner, with the UW DO-IT Program, in creating the National Center on Accessible Information Technology in Education (AccessIT). The goal of AccessIT is to increase access to information technology for students and employees with disabilities by leading a nation-wide effort to incorporate accessibility into policies and practices in the nation's classrooms, computer labs, libraries, offices, and everywhere else where information technology is used in education.
A significant part of the work of AccessIT is to inform educational institutions and related organizations of their legal obligations to make information technology (IT) accessible to individuals with disabilities, and advise them as to "best practices." The Weekly Bulletin will contribute towards this goal by periodically discussing legal issues related to accessible IT in education.
Federal Laws that Apply to Accessible IT in Education
There exists a wide variety of federal laws that obligate educational institutions and related organizations to provide accessible IT. This Bulletin briefly outline the laws that may create rights to accessible IT, who they cover and for what activities. Later Bulletins will cover particular topics such as higher education, web sites, employment trainings, and other topics.
Individuals with Disabilities Education Act (IDEA)
The IDEA obligates states to provide a free, appropriate public education (birth through grade 12) to all eligible children with disabilities in the least restrictive environment appropriate to the child's needs. The school district and parents develop an individualized education plan outlining specific educational goals and the means to achieve those goals, means which could include accessible IT.
The Americans with Disabilities Act (ADA)
The ADA protects qualified people with disabilities from discrimination in the areas of employment, access to public services, access to businesses, and communication.
Title I: Employment
Title I requires employers with 15 or more employees, to provide qualified individuals with disabilities with an equal opportunity to participate in and benefit from work-related activities. This includes the obligation to provide reasonable accommodations on a case-by-case basis, which may include accessible IT.
Title II: Public Entities
Title II requires that all state and local governments provide people with disabilities an equal opportunity to participate in and benefit from all of their programs, services, and activities. These entities must make reasonable modifications to their policies, practices and procedures when necessary to prevent discrimination. Such reasonable modifications would include accessible IT in public education, training and other programs and activities.
Title III: Public Accommodations
Title III covers private business and nonprofit service providers that offer their services or products to the public. These entities must make reasonable modifications to policies, practices, and procedures and ensure effective communication with people with hearing, vision, or speech disabilities. In particular, organizations providing courses or examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must ensure those courses and examinations are accessible to people with disabilities.
The Rehabilitation Act
Similar to purposes of the ADA, the Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by or funded by federal agencies, in federal employment, and in the employment practices of federal contractors.
Section 504
Section 504 prohibits any program or activity that either receives federal financial assistance or is conducted by any federal agency from excluding qualified individuals with disabilities from the benefits of the program or activity, or otherwise discriminate against that individual. The Department of Education's regulations implementing section 504 include reasonable accommodations for and effective communications with people with disabilities, both of which would include accessible IT in the agency's and program's educational activities.
Section 508
Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the federal government. Section 508 requires federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public. Section 508 may also provide a guide for the enforcement of other federal and state laws.