Web AccessibilityWeb Accessibility

Deborah Buck, Executive Director

Association of Assistive Technology Act Programs (ATAP)

June 2005

Web AccessibilityWeb Accessibility

WHYWHY Customer Driven- Customer Driven- beyond people with beyond people with

disabilitiesdisabilities Legal RequirementsLegal Requirements

HowHow Learning From OthersLearning From Others Making It Work For YouMaking It Work For You

Expanding Customer Expanding Customer BaseBase

Old, Young, In The Middle, Multi-Lingual, Rich, Poor, Color Blind

AgingAging - - 1/3 of those over 65 have a chronic 1/3 of those over 65 have a chronic conditioncondition

Color Blind - Color Blind - 1 in 20 white males are 1 in 20 white males are color blindcolor blind

English as a second languageEnglish as a second language Example: 25% of NY state’s Example: 25% of NY state’s population & 50% of NYC’s population population & 50% of NYC’s population speak another language at homespeak another language at home

0

10

20

30

40

50

Private Sector Government

AMERI CA'S AGI NGGOVERNMENT WORKFORCE

Under 35

Over 45

DATA: ROCKEFELLAR INSTITUTE OF NEW YORK, STATE UNIVERSITY OF NEW YORK

PERCENT OF WORKERS BY AGE GROUP

► More than 50% of state employees are 45 or older More than 50% of state employees are 45 or older 15% are 55 or older 15% are 55 or older

► Comparatively, more than 50% of the private Comparatively, more than 50% of the private sector workforce is under 35sector workforce is under 35

Public Sector WorkforcePublic Sector Workforce

15-29% of employees will be 15-29% of employees will be eligible to retire in the next eligible to retire in the next 55 years.years.

More than 50% of executive level & More than 50% of executive level &

30% of mid-level managers will be 30% of mid-level managers will be eligible to retire by 2005.eligible to retire by 2005.

Plus……Plus……

Mobile technology usersMobile technology users

The Digital Generation The Digital Generation Generation Y, Echo Boomers, Generation Y, Echo Boomers,

Generation DGeneration D Early adopters with high expectationsEarly adopters with high expectations Expect robust products and Expect robust products and

applicationsapplications

Generation Y, D or Echo Generation Y, D or Echo BoomersBoomers

Born during a baby bulge between 1979 and 1994Born during a baby bulge between 1979 and 1994 As young as 10 and as old as 25As young as 10 and as old as 25

60 million strong60 million strong More than three times the size of Generation XMore than three times the size of Generation X The biggest thing to hit the American scene since the 72 million baby The biggest thing to hit the American scene since the 72 million baby

boomersboomers

IPods, BlackBerrys, IMIPods, BlackBerrys, IM

''If a company can't communicate via E-mail,'' …''the attitude is ''If a company can't communicate via E-mail,'' …''the attitude is 'What's wrong with you?''''What's wrong with you?'''

Source: Business Week February 15, 1999Generation Y - Today's teens--the biggest bulge since the boomers--may force marketers to toss their old tricks

Web AccessWeb Access In 2003, many more Americans (nearly 80% or 97 In 2003, many more Americans (nearly 80% or 97

Million) went online for state, local or federal Million) went online for state, local or federal information than the previous year, a 50 percent jump information than the previous year, a 50 percent jump from 2002 from 2002

Why - to get information, ask a question or express Why - to get information, ask a question or express an opinionan opinion

The project found: The project found: Among Internet users, 30 percent said they used e-mail or the Among Internet users, 30 percent said they used e-mail or the

Internet to try to change a government policy or influence a Internet to try to change a government policy or influence a politician's vote. politician's vote.

41 percent of users did research involving official government 41 percent of users did research involving official government statistics or documents online. statistics or documents online.

27 percent of Internet users sent an e-mail to the federal, 27 percent of Internet users sent an e-mail to the federal, state or local government. state or local government.

23 percent of Internet users got information or applied for 23 percent of Internet users got information or applied for government benefits online.government benefits online.

The Web …not the only The Web …not the only way.way.

People want multiple means when they want or People want multiple means when they want or need to turn to the government.need to turn to the government.

The old-fashion telephone and face-to-face visits The old-fashion telephone and face-to-face visits still rank supreme for many people who want still rank supreme for many people who want information from their government.information from their government. While more than one-third would opt to click on a Web While more than one-third would opt to click on a Web

site to contact the site to contact the federalfederal governmentgovernment. . A slight majority (51 percent) would rather phone or A slight majority (51 percent) would rather phone or

make a personal visit than go online to contact make a personal visit than go online to contact state state governmentsgovernments

Even more (65 percent) prefer to visit or call to get Even more (65 percent) prefer to visit or call to get information from information from local governmentlocal government than go online. than go online.

Main reason for the difference…it may be easier for Main reason for the difference…it may be easier for people to swing by city hall rather than go online. people to swing by city hall rather than go online.

Pew Internet & American Life Project<http://www.pewinternet.org/reports/pdfs/PIP_E-Gov_Report_0504.pdf>

Is An Accessible Web the Is An Accessible Web the Answer?Answer?

Part of the AnswerPart of the Answer ADA, §504, §508ADA, §504, §508 Accessible Equipment and Accessible Equipment and

Technology used in the work and Technology used in the work and service environmentservice environment

TrainingTraining Good Business PracticesGood Business Practices

Laws & AccessLaws & Access

Americans With Disabilities ActAmericans With Disabilities Act Section 504 of the Rehabilitation Act of 1973Section 504 of the Rehabilitation Act of 1973 Section 508 of the ADASection 508 of the ADA

Title V Miscellaneous ProvisionsTitle V Miscellaneous Provisions Section 508 of the Rehabilitation Act of 1973Section 508 of the Rehabilitation Act of 1973

Legal RequirementsLegal Requirements StandardsStandards

Assistive Technology Act of 1998, as amendedAssistive Technology Act of 1998, as amended World Wide Web Consortium (W3C)-World Wide Web Consortium (W3C)-

Web Content Accessibility Guidelines (WCAG)Web Content Accessibility Guidelines (WCAG)

Americans With Americans With Disabilities ActDisabilities Act

Addresses responsibility of employers, state Addresses responsibility of employers, state and local governments and providers of and local governments and providers of public accommodations (business and service public accommodations (business and service providers) providers)

Requires that State and local governments Requires that State and local governments provide qualified individuals with disabilities provide qualified individuals with disabilities equal access to their programs, services, or equal access to their programs, services, or activities unless doing so would activities unless doing so would fundamentally alter the nature of their fundamentally alter the nature of their programs, services, or activities or would programs, services, or activities or would impose an undue burden. impose an undue burden.

DOJ Guidance DocumentDOJ Guidance Document

Accessibility of State and Local Accessibility of State and Local Government Websites to People Government Websites to People

with Disabilitieswith Disabilities http://www.ada.gov/websites2.htmhttp://www.ada.gov/websites2.htm

One way to meet the requirements of the ADA is One way to meet the requirements of the ADA is to ensure that government websites have to ensure that government websites have accessible features for people with disabilities.accessible features for people with disabilities.

May also meet legal obligations by providing an May also meet legal obligations by providing an alternative accessible way for citizens to use the alternative accessible way for citizens to use the programs or services.programs or services. Example: Staffed telephone information lineExample: Staffed telephone information line Question: Will these alternatives provide an equal Question: Will these alternatives provide an equal

degree of access in terms of hours of operation and the degree of access in terms of hours of operation and the range of options and programs availablerange of options and programs available

ADAADA Intent of the ADA to ensure accessIntent of the ADA to ensure access

Unlike architectural accessibility (ADAG Standards) Unlike architectural accessibility (ADAG Standards) there are there are no ADA standards for web or IT no ADA standards for web or IT accessibilityaccessibility. . Marketing or assurances to make your site “ADA Marketing or assurances to make your site “ADA

compliant”. compliant”.

Two generally accepted standards and guidelines for Two generally accepted standards and guidelines for Web Access in the US- neither required by the ADAWeb Access in the US- neither required by the ADA An entity could choose to use the 508 standards or use the An entity could choose to use the 508 standards or use the

guidelines issued by the W3C. guidelines issued by the W3C.

Even if you adopt one of these standards for web Even if you adopt one of these standards for web accessibility, it does not absolve an entity of their accessibility, it does not absolve an entity of their responsibility under the ADA- to provide individual responsibility under the ADA- to provide individual accommodation to participate in a program or as an accommodation to participate in a program or as an employee.employee.

Section 504 of the Section 504 of the Rehabilitation Act of 1973Rehabilitation Act of 1973

Section 504 applies to any entity Section 504 applies to any entity that receives federal dollarsthat receives federal dollars

Obligated to practice non-Obligated to practice non-discrimination, provide program discrimination, provide program accessibility and reasonable accessibility and reasonable accommodationsaccommodations

Section 508 of the ADA…..Section 508 of the ADA…..

RED FlagRED Flag Section 508 of the ADA - Title V Section 508 of the ADA - Title V

Miscellaneous Provisions of the ADA Miscellaneous Provisions of the ADA Clarifies that the term “disabled” or Clarifies that the term “disabled” or

“disability” as used in the ADA “disability” as used in the ADA Clarifies that the ADA does not apply to Clarifies that the ADA does not apply to

an individual solely because that an individual solely because that individual is a transvestite.individual is a transvestite.

Section 508 of the Section 508 of the Rehabilitation Act of 1973Rehabilitation Act of 1973

Electronic and Information Technology (E&IT)Electronic and Information Technology (E&IT)

Section 508 of the Rehabilitation Act requires Section 508 of the Rehabilitation Act requires that all electronic and information technology that all electronic and information technology purchased, maintained, or used by the purchased, maintained, or used by the Federal Federal governmentgovernment be readily accessible to and be readily accessible to and usable by individuals with disabilities. usable by individuals with disabilities.

What is the goal of 508?What is the goal of 508?

508 legislation and the implementing 508 legislation and the implementing requirements issued by the US Access Board’s requirements issued by the US Access Board’s are using the buying power of the Federal are using the buying power of the Federal Government to create a shift in the Government to create a shift in the Governments information technology Governments information technology architecture.architecture.

To promote better access to information technology To promote better access to information technology for people relying on assistive technology. for people relying on assistive technology.

To increase access for people with disabilities to To increase access for people with disabilities to products where it is impossible to attach assistive products where it is impossible to attach assistive technology.technology.

Section 508 E&IT Section 508 E&IT StandardsStandards

Includes, but is not limited to…Includes, but is not limited to…

Software applications and operating systemsSoftware applications and operating systems Web-based intranet and internet information and Web-based intranet and internet information and

applicationsapplications Telecommunications products (telephones, Fax)Telecommunications products (telephones, Fax) Video and multimedia productsVideo and multimedia products Self contained, closed products (ATM, kiosks)Self contained, closed products (ATM, kiosks) Desktop and portable computersDesktop and portable computers

Section 508Section 508

Compliance with §508 is not required by ADACompliance with §508 is not required by ADA

Similarities of §504 and §508 Similarities of §504 and §508 Both amendments to the Rehabilitation Act of Both amendments to the Rehabilitation Act of

19731973 Both affect people with disabilitiesBoth affect people with disabilities

Differences of §504 and §508Differences of §504 and §508 Recipients of Federal funds must follow the Recipients of Federal funds must follow the

mandates of § 504 of the Rehabilitation Actmandates of § 504 of the Rehabilitation Act Recipients of Federal funds are not required to Recipients of Federal funds are not required to

comply with §508 unless a federal agency or comply with §508 unless a federal agency or department department specificallyspecifically requires conformance requires conformance

Who is Required to Comply Who is Required to Comply with §508?with §508?

Only Federal agencies are required to adhere Only Federal agencies are required to adhere to the standards. to the standards.

Model for others- Not a MandateModel for others- Not a Mandate The Access Board hopes that the 508 The Access Board hopes that the 508

requirements will serve as a model for others to requirements will serve as a model for others to follow. follow.

However, if several nonfederal government However, if several nonfederal government entities develop requirements that are entities develop requirements that are substantially different from 508, Industry will substantially different from 508, Industry will have to product several versions of a given have to product several versions of a given product likely resulting in higher prices, and product likely resulting in higher prices, and poorer access for every one. poorer access for every one.

ExceptionException… AT Act of … AT Act of 1998, as amended1998, as amended

Activities carried out in the State that are Activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, , will comply with the standards established will comply with the standards established by the Architectural and Transportation by the Architectural and Transportation Barriers Compliance Board under section Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d)U.S.C. 794d)

Public Law 108-364 Public Law 108-364 [SEC. 4(d)(6)(G)] [SEC. 4(d)(6)(G)]

Providing Accessibility Providing Accessibility

Built-In Access- Built-In Access- Accessibility built-in at the frontAccessibility built-in at the front Reduces the disparity of accessReduces the disparity of access Section 508- access and interoperableSection 508- access and interoperable

Add-On AccessibilityAdd-On Accessibility Alternate Formats (Braille, Large Alternate Formats (Braille, Large

Print, Audio Tape, Disk)Print, Audio Tape, Disk) Staffing- readers, etc.Staffing- readers, etc.

Front End or Retro Fit?Front End or Retro Fit?

Web Accessibility Web Accessibility Standards & GuidelinesStandards & Guidelines

World Wide Web Consortium (W3C) World Wide Web Consortium (W3C) Web Content Accessibility Web Content Accessibility Guidelines (WCAG)Guidelines (WCAG)

Section 508 StandardsSection 508 Standards Modeled on W3C GuidelinesModeled on W3C Guidelines Required Use by Federal AgenciesRequired Use by Federal Agencies

Universal DesignUniversal Design

Concept originated in field of architectureConcept originated in field of architecture

Term has grown. Often applied to other Term has grown. Often applied to other fields including product design, computer fields including product design, computer technology, electronics, telecommunications, technology, electronics, telecommunications, classroom instruction and workplace design. classroom instruction and workplace design.

““The design of products and environments to The design of products and environments to be usable by all people, to the greatest be usable by all people, to the greatest extent possible, without the need for extent possible, without the need for adaptation or specialized design” adaptation or specialized design” Ron Mace Ron Mace founder of the Center on Universal Design at North Carolina State founder of the Center on Universal Design at North Carolina State University University

No StandardsNo Standards

What is Everyone What is Everyone Else Doing???Else Doing???

State of the StatesState of the States

States have policies & laws relative States have policies & laws relative to web access and E&ITto web access and E&IT

ITTATC links to state laws and ITTATC links to state laws and policiespolicies

http://www.ittatc.org/laws/stateLawAtGlance.phphttp://www.ittatc.org/laws/stateLawAtGlance.php

States with “508-like” States with “508-like” LegislationLegislation

Arizona ArkansasCalifornia

Colorado Indiana Kentucky

Louisiana Maryland Minnesota

Missouri Montana Nebraska

N. Carolina Oklahoma Texas

Virginia W. Virginia

States with IT States with IT Accessibility…Accessibility…

Executive Executive OrdersOrders

CIO Office Policy for CIO Office Policy for Accessibility StandardsAccessibility Standards

MassachusettMassachusettss

MaineMaine WisconsinWisconsin

OregonOregon GeorgiaGeorgia

Web AccessWeb Access

Options for standardsOptions for standards §508§508 W3CW3C HybridHybrid

What is a hybrid & why did some What is a hybrid & why did some states do hybrids?states do hybrids?

Response to state hybridsResponse to state hybrids

Auto Adoption of §508 or Auto Adoption of §508 or W3C Pros & ConsW3C Pros & Cons

ProsPros Success in effecting change at state level – Success in effecting change at state level –

may expedite adoptionmay expedite adoption ConsistencyConsistency Product Support- validation toolsProduct Support- validation tools

But…But…

ConsCons No control over changesNo control over changes If changes occur will implementers have the If changes occur will implementers have the

knowledge, skills, abilities and tools to knowledge, skills, abilities and tools to conform?conform?

Learning From Learning From OthersOthers

Developing & Implementing a Developing & Implementing a Web Access PolicyWeb Access Policy

Patterns & ConsiderationsPatterns & Considerations

HowHow State statutes, Local resolutions, technical architecture, State statutes, Local resolutions, technical architecture,

policies, policies,

Adopt §508 in full or state controlAdopt §508 in full or state control

BeneficiariesBeneficiaries Focus on people with visual disabilities – Non Visual Focus on people with visual disabilities – Non Visual

AccessAccess All people with disabilitiesAll people with disabilities

Accommodation vs. E&IT Infrastructure Accommodation vs. E&IT Infrastructure

AccessibilityAccessibility

Procurement & In-House DevelopmentProcurement & In-House Development Implementation Implementation

No responsibility for implementationNo responsibility for implementation Entity given authority to implement may not Entity given authority to implement may not

have authority over covered entities making have authority over covered entities making enforcement a challenge.enforcement a challenge.

Effective DatesEffective Dates Deadline for completionDeadline for completion Full force and effect immediately or phase-in – liabilityFull force and effect immediately or phase-in – liability

Scope of Applicability - Varies by state to Scope of Applicability - Varies by state to state- covered entities may be extended by state- covered entities may be extended by policiespolicies State governmental entitiesState governmental entities Schools and Universities Schools and Universities Not-for-profit organizationsNot-for-profit organizations

Vendor Clause/Technology Access ClauseVendor Clause/Technology Access Clause Some laws require non-visual access clause Some laws require non-visual access clause

for contracts, vendor assures product is for contracts, vendor assures product is accessible.accessible.

5% Rule5% Rule

Complaint OptionsComplaint Options Some states complaint processes are limited Some states complaint processes are limited

to getting an injunction; others allow civil to getting an injunction; others allow civil actionaction

Unfunded Mandates??Unfunded Mandates?? Requirement follows the dollar in some states. Requirement follows the dollar in some states.

Entities supported in whole or part by the state required Entities supported in whole or part by the state required

to comply. to comply.

Efforts and ability to enforce are unclearEfforts and ability to enforce are unclear

Standards Standards States have specifically adopted §508 standards or States have specifically adopted §508 standards or

descriptive standards based on §508descriptive standards based on §508 Universal AccessUniversal Access Functional Performance StandardsFunctional Performance Standards

Exemptions/No exemptionsExemptions/No exemptions No exemptionsNo exemptions All the federal exemptionsAll the federal exemptions

Tools to HelpTools to Help

    Web Access Policy & Web Access Policy & Standards Construction ToolStandards Construction Tool

http://www.ittatc.org/state/policy/http://www.ittatc.org/state/policy/

Policy DevelopmentPolicy Development PurposePurpose Policy StatementPolicy Statement ScopeScope Compliance RequirementsCompliance Requirements ProcurementProcurement Testing and ValidationTesting and Validation MonitoringMonitoring Designated IndividualsDesignated Individuals Complaint ProcessComplaint Process Adoption & ImplementationAdoption & Implementation Terms & DefinitionsTerms & Definitions

Contact InformationContact Information______________________________

Deborah BuckDeborah BuckExecutive Director, ATAPExecutive Director, ATAP

dbuck@nycap.rr.comdbuck@nycap.rr.com

518.439.1263518.439.1263