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Accessibility & Disability Services

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.  

• Applicable Laws and Regulations
  • Laws
  • Regulations
  • Regulatory Guidance
• SUNY Resources
  • SUNY Offices and websites
  • SUNY Guidance
• References to Best Practices and Other Supplemental Material
  • Federal
  • State
  • Other

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Applicable Laws and Regulations

Laws

• Americans with Disabilities Act of 1990 - Provide Equal Opportunity
  • Title II of the Americans with Disabilities Act, 42 USC 12131-12134
    • State and Local Government Activities - Covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding.
      • Requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).  
      • State and local governments are specifically required to:
        • Follow specific architectural standards in the new construction and alteration of their buildings; and
        • Relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities.
      • Public entities are not required to take actions that would result in undue financial and administrative burdens under Title II, but they are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

• Rehabilitation Act of 1973, 29 U.S.C. § 701
  
  • Section 504:  Provide Accomodations
    “No qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that receives Federal financial assistance or is conducted by any Executive agency or the USPS.  
  • Information from the Health and Human Services website on Section 504:
    "Section 504 requires agencies to provide individuals with disabilities an equal opportunity to participate in their programs and benefit from their services, including the provision of information to employees and members of the public.  Agencies must provide appropriate auxiliary aids where necessary to ensure an equal opportunity.  Types of auxiliary aids may include brailled or large print versions of materials, electronic diskettes, audiotapes, qualified interpreters or readers, telecommunications devices for deaf persons (TDDs), captioning of video, and other methods of making information available and accessible to persons with disabilities.  In considering what type of auxiliary aid to provide, agencies must give primary consideration to the request of the individual with a disability and shall honor that request, unless it can demonstrate that another effective means of communication exists."
  • Section 508:  Eliminate barriers in information technology
    Section 508 only applies to Federal departments and agencies. It does not regulate the private sector and does not apply to recipients of Federal funds. It establishes requirements for electronic and information technologies developed, maintained, procured or used by the Federal government only.  (Source: United States Access Board). 
  • 29 C.F.R Part 1630 —REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
  • 29 C.F.R Part 1640 - PROCEDURES FOR COORDINATING THE INVESTIGATION OF COMPLAINTS OR CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY SUBJECT TO THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT OF 1973
  • 29 C.F.R Part 1641 - PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS

Federal Regulations

• 34 C.F.R. Part 104, NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE, Section 504 of the Rehabilitation Act of 1973 regulations
• 28 CFR 35, NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES, Title II of the Americans with Disabilities Act of 1990 regulations

Regulatory Guidance

• May 26, 2011 Dear Colleague Letter
  A follow-up to the June 29, 2010 Dear Colleague Letter, to share a “Frequently Asked Questions About the June 29, 2010, Dear Colleague Letter” resource 
  • FAQ on the June 29, 2010 Dear Colleague Letter
• June 29, 2010 Dear Colleague Letter: Electronic Book Readers
  Issued jointly by the U.S. Department of Justice Civil Rights Division and the U.S. Department of Education Office for Civil Rights
  Subject: colleges and universities use of electronic book readers and accessibility

SUNY Resources

SUNY Offices and Websites

SUNY Disability Services Webpage

SUNY Campus Disability Services Offices - listings of all the Disability Services offices on the SUNY campuses.

SUNY Web Accessibility Effort Webpage

SUNY Guidance

• Article - Accommodating Pregnant Students on SUNY Campuses, by Seth Gilbertson, Associate Counsel, SUNY Office of General Counsel, published in the General Counsel Update Number Eleven (August 15, 2013).
• Article - The $40,000 Guinea Pig, by Seth Gilbertson, Associate Counsel, SUNY Office of General Counsel, published in the General Counsel Update Number Nine (May 7, 2013).
  This article explores the issue of emotional support animals as an accommodation.
• Article - Extracurricular Activities and Disability Law, published by the SUNY Office of General Counsel in the General Counsel Update Number Nine (May 7, 2013).  
  The Department of Education’s recently issued Dear Colleague Letter provides guidance on a college’s duty to provide opportunities for students with disabilities to participate in athletics. To assist SUNY colleges, we have created a description of the current state of the law and a checklist for determining SUNY campus responsibilities.

References to Best Practices and Other Supplemental Material

Federal

• ADA Best Practices Tool Kit for State and Local Governments - Chapter 5 - Website Accessibility Under Title II of the ADA
  This guidance document includes the following content:
  • How the nondiscrimination requirements of Title II of the ADA apply to state and local government websites
  • Which provisions of Title II of the ADA apply to websites
  • What technologies people with disabilities use to access the Internet
  • How do poorly designed websites pose barriers to people with disabilities?
  • What steps state and local government agencies can take to ensure website accessibility for people with disabilities

• A Guide to Disability Rights Laws, U.S. Department of Justice, Civil Rights Division, Disability Rights Section, published July 2009.

• Section 504 Compliance Information from the United States Department of Health and Human Services Civil Rights Webpage [http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html]
  • Website includes a Checklist of Rights and Responsibilities under Section 504 and the ADA:
    • Section 504 and the ADA protect qualified individuals with disabilities from discrimination on the basis of disability in the provision of benefits and services. See the Facts Sheet and the Regulations for an explanation of who is a qualified individual with a disability and more detailed information about rights and responsibilities.
    • Covered entities must not, on the basis of disability:
      • Exclude a person with a disability from a program or activity;
      • Deny a person with a disability the benefits of a program or activity;
      • Afford a person with a disability an opportunity to participate in or benefit from a benefit or service that is not equal to what is afforded others;
      • Provide a benefit or service to a person with a disability that is not as effective as what is provided others;
      • Provide different or separate benefits or services to a person with a disability unless  necessary to provide benefits or services that are as effective as what is provided others;
      • Apply eligibility criteria that tend to screen out persons with disabilities unless necessary for the provision of the service, program or activity.
    • Covered entities must:
      • Provide services and programs in the most integrated setting appropriate to the needs of the qualified individual with a disability
      • Ensure that programs, services, activities, and facilities are accessible
      • Make reasonable modifications in their policies, practices, and procedures to avoid discrimination on the basis of disability, unless it would result in a fundamental alteration of the program
      • Provide auxiliary aids to persons with disabilities, at no additional cost, where necessary to afford an equal opportunity to participate in or benefit from a program or activity
      • Designate a responsible employee to coordinate their efforts to comply with Section 504 and the ADA
      • Adopt grievance procedures to handle complaints of disability discrimination in their programs and activities
      • Provide notice that indicates:
        • That the covered entity does not discriminate on the basis of disability
        • How to contact the employee who coordinates the covered entity’s efforts to comply with the law
        • Information about the grievance procedures
• Office for Civil Rights of the U.S. Department of Education website, Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities

• U.S. Department of State Voluntary Product Accessibility Template (VPAT) [http://www.state.gov/m/irm/impact/126343.htm]
  
  • VPAT assists in making preliminary assessments regarding the availability of commercial Electronic and Information Technology products and services with features that support accessibility. 

• U.S. Department of Health and Human Services Section 508 Accessibility Checklists 
  The checklists assist with ensuring compliance with Section 508 guidelines.  The checklist includes the following recommendations:
  • Course Structure:
    • Should follow a simple and consistent course desig
      • Should organize related content
      • Should establish a consistent layout [consistent color scheme, same icon layout, self-evident titles]
    • Design for Ease of Use
      • Should keep the homepage simple and uncluttered
      • Should arrange icons in a logical order
      • Should use both icon and text for homepage links
      • Should use text as the primary method for delivering information [images and color are secondary]
      • Should ensure that icons, folders, links, lessons, etc, have unique and descriptive titles
  • Web Content:
    • Should ensure Course Menu is organized and up-to-date
      • Should add a search tool to the top of the Course Menu
      • Should move frequently used tools just below the search too
      • Should remove all eLC tools not being utilized
    • Should provide a site map
      • Should describe overall layout of the course
      • Should describe types of content available in the course
      • Should list features or tools that will be used
      • Should include an accessibility statement
      • Should provide contact information and welcome suggestions on how to increase accessibility
    • Should carefully choose a color scheme
      • Should avoid using color alone to convey important information
      • Should use * or similar annotation in addition to color
        • Red/green and pastels may not be distinguishable
      • Should ensure that text, graphics and images are understandable when viewed without color
      • Should run a Vischeck on images and web pages: http://www.vischeck.com/vischeck/
    • Should keep the background simple
      • Should ensure the background does not overpower text
      • Should ensure high contrast between text and background
    • Should ensure no component of the web content flashes more than 3 times per second
      • Should avoid flashing and blinking text, unless it has been tested and complies with section 508
    • Should provide means for requesting additional time when timed response is required
      • Should alert students that a times response is required
      • Should provide sufficient time for the student to indicate that more time is required
  • Documents:
    • Should provide text content in more than one format
      • HTML is the most accessible and preferred document type
      • Examples: Word and PDF, Word and HTML
    • Should ensure readability
      • Should use standard font size 12 pt
      • Should use sans-serif font type
      • Should use proper lists, not indent or tab
      • Should provide ample white space around and between blocks of text
      • Should divide large blocks of information into manageable sections
    • Semantic structure is critical for accessibility
      • Should use headings instead of bold or larger font
      • Should provide table descriptions as ALT text
      • Should use emphasis instead of italics
      • Should use strong instead of bold
    • Should use descriptive hyperlinks
      • Should link text to make sense out-of-context, rather than using “click here” or “email me”
  • Multimedia (Videos, Images, Audio, Charts, Graphs, etc):
    • Should provide text transcript in accessible document format of audio
    • Should provide synchronized captions, video description and text transcript for video files with audio
    • Should provide text transcripts and slide descriptions for audio-narrated PowerPoint presentations
    • Should use long descriptions when ALT text is insufficient to describe non-text element
  • Power Point presentations:
    • Should use standard layouts and have a slide title on each slide
    • Should avoid using text boxes
    • Should use Notes to provide long description of images
    • Should use simple slide transitions and avoid automatic slide transitions
    • Should avoid embedded video that causes flicker
      • Embedded video must be captioned
    • Should not select “Save As Web Page”, this is not accessible

State

• New York State Disability Services Council (NYSDSC)
• New York State Office of Technology
• New York state Information Technology Policy NYS-P08-005, Accessibility of Web-Based Information and Applications Compliance Reporting

Other Resources

• AHEAD.Org, Association on Higher Education And Disability (AHEAD)
  Professional membership organization for individuals involved in the development of policy and in the provision of quality services to meet the needs of persons with disabilities involved in all areas of higher education.  AHEAD envisions educational and societal environments that value disability and embody equality of opportunity.
• Commission for the Blind and Visually Handicapped (CBVH)
• Adult Career and Continuing Education Services (ACCES-VR)
• Web²Access showcases a test in which they have evaluated many web tools and applications for interaction and collaboration [http://www.web2access.org.uk/]
• WebAim.org provides many resources to assist with web accessibility solutions, with the goal of making the web more accessible to individuals with disabilities. 
  • Section 508 Checklist [http://webaim.org/standards/508/checklist]
    The following standards are excerpted from Section 508 of the Rehabilitation Act, §1194.22. The pass/fail criteria in this document represent an interpretation of Section 508 web standards. This checklist is NOT official Section 508 documentation. 
• Web Accessibility Initiative (WAI) 
  Strategies, guidelines, resources to make the Web accessible to people with disabilities
• Michigan State University Web Accessibility Website
  The site includes tutorials on how to create accessible web pages, PDF's, word documents, as well as other computer programs.  The website also communicates which programs are not accessible.