Web Accessibility

1. Web Accessibility Deborah Buck, Executive Director Association of Assistive Technology Act Programs (ATAP) June 2005

2. Web Accessibility • WHY • Customer Driven- beyond people with disabilities • Legal Requirements • How • Learning From Others • Making It Work For You

3. Old, Young, In The Middle, Multi-Lingual, Rich, Poor, Color Blind Aging- 1/3 of those over 65 have a chronic condition Color Blind - 1 in 20 white males are color blind English as a second language Example: 25% of NY state’s population & 50% of NYC’s population speak another language at home Expanding Customer Base

4. PERCENT OF WORKERS BY AGE GROUP • More than 50% of state employees are 45 or older • 15% are 55 or older • Comparatively, more than 50% of the private sector workforce is under 35 DATA: ROCKEFELLAR INSTITUTE OF NEW YORK, STATE UNIVERSITY OF NEW YORK

5. Public Sector Workforce • 15-29% of employees will be eligible to retire in the next 5 years. • More than 50% of executive level & 30% of mid-level managers will be eligible to retire by 2005.

6. Plus…… • Mobile technology users • The Digital Generation • Generation Y, Echo Boomers, Generation D • Early adopters with high expectations • Expect robust products and applications

7. Generation Y, D or Echo Boomers • Born during a baby bulge between 1979 and 1994 • As young as 10 and as old as 25 • 60 million strong • More than three times the size of Generation X • The biggest thing to hit the American scene since the 72 million baby boomers • IPods, BlackBerrys, IM • ''If a company can't communicate via E-mail,'' …''the attitude is 'What's wrong with you?''' • Source: Business Week February 15, 1999 • Generation Y - Today's teens--the biggest bulge since the boomers--may force marketers to toss • their old tricks

8. In 2003, more Americans (nearly 80% - 97 million Americans) went online for state, local or federal information than the previous year and a 50 percent jump from 2002. • Purpose – To get information, ask a question or express an opinion. • But. the old-fashion telephone and face-to-face visits still ranks supreme for many people who want information from their government Web Access • In 2003, many more Americans (nearly 80% or 97 Million) went online for state, local or federal information than the previous year, a 50 percent jump from 2002 • Why - to get information, ask a question or express an opinion • The project found: • Among Internet users, 30 percent said they used e-mail or the Internet to try to change a government policy or influence a politician's vote. • 41 percent of users did research involving official government statistics or documents online. • 27 percent of Internet users sent an e-mail to the federal, state or local government. • 23 percent of Internet users got information or applied for government benefits online.

9. The Web …not the only way. • People want multiple means when they want or need to turn to the government. • The old-fashion telephone and face-to-face visits still rank supreme for many people who want information from their government. • While more than one-third would opt to click on a Web site to contact the federalgovernment. • A slight majority (51 percent) would rather phone or make a personal visit than go online to contact state governments • Even more (65 percent) prefer to visit or call to get information from local government than go online. • Main reason for the difference…it may be easier for 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>

10. Is An Accessible Web the Answer? • Part of the Answer • ADA, §504, §508 • Accessible Equipment and Technology used in the work and service environment • Training • Good Business Practices

11. Laws & Access • Americans With Disabilities Act • Section 504 of the Rehabilitation Act of 1973 • Section 508 of the ADA • Title V Miscellaneous Provisions • Section 508 of the Rehabilitation Act of 1973 • Legal Requirements • Standards • Assistive Technology Act of 1998, as amended • World Wide Web Consortium (W3C)- • Web Content Accessibility Guidelines (WCAG)

12. Americans With Disabilities Act • Addresses responsibility of employers, state and local governments and providers of public accommodations (business and service providers) • Requires that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.

13. DOJ Guidance Document Accessibility of State and Local Government Websites to People with Disabilities http://www.ada.gov/websites2.htm • One way to meet the requirements of the ADA is to ensure that government websites have accessible features for people with disabilities. • May also meet legal obligations by providing an alternative accessible way for citizens to use the programs or services. • Example: Staffed telephone information line • Question: Will these alternatives provide an equal degree of access in terms of hours of operation and the range of options and programs available

14. ADA • Intent of the ADA to ensure access • Unlike architectural accessibility (ADAG Standards) there are no ADA standards for web or IT accessibility. • Marketing or assurances to make your site “ADA compliant”. • Two generally accepted standards and guidelines for Web Access in the US- neither required by the ADA • An entity could choose to use the 508 standards or use the guidelines issued by the W3C. • Even if you adopt one of these standards for web accessibility, it does not absolve an entity of their responsibility under the ADA- to provide individual accommodation to participate in a program or as an employee.

15. Section 504 of the Rehabilitation Act of 1973 • Section 504 applies to any entity that receives federal dollars • Obligated to practice non-discrimination, provide program accessibility and reasonable accommodations

16. Section 508 of the ADA….. • RED Flag • Section 508 of the ADA - Title V Miscellaneous Provisions of the ADA • Clarifies that the term “disabled” or “disability” as used in the ADA • Clarifies that the ADA does not apply to an individual solely because that individual is a transvestite.

17. Section 508 of the Rehabilitation Act of 1973 Electronic and Information Technology (E&IT) Section 508 of the Rehabilitation Act requires that all electronic and information technology purchased, maintained, or used by the Federal government be readily accessible to and usable by individuals with disabilities.

18. What is the goal of 508? 508 legislation and the implementing requirements issued by the US Access Board’s are using the buying power of the Federal Government to create a shift in the Governments information technology architecture. • To promote better access to information technology for people relying on assistive technology. • To increase access for people with disabilities to products where it is impossible to attach assistive technology.

19. Section 508 E&IT Standards Includes, but is not limited to… • Software applications and operating systems • Web-based intranet and internet information and applications • Telecommunications products (telephones, Fax) • Video and multimedia products • Self contained, closed products (ATM, kiosks) • Desktop and portable computers

20. Section 508 • Compliance with §508 is not required by ADA • Similarities of §504 and §508 • Both amendments to the Rehabilitation Act of 1973 • Both affect people with disabilities • Differences of §504 and §508 • Recipients of Federal funds must follow the mandates of § 504 of the Rehabilitation Act • Recipients of Federal funds are not required to comply with §508 unless a federal agency or department specifically requires conformance

21. Who is Required to Comply with §508? • Only Federal agencies are required to adhere to the standards. • Model for others- Not a Mandate • The Access Board hopes that the 508 requirements will serve as a model for others to follow. • However, if several nonfederal government entities develop requirements that are substantially different from 508, Industry will have to product several versions of a given product likely resulting in higher prices, and poorer access for every one.

22. Exception… AT Act of 1998, as amended 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 by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d) Public Law 108-364 [SEC. 4(d)(6)(G)]

23. Providing Accessibility Built-In Access- • Accessibility built-in at the front • Reduces the disparity of access • Section 508- access and interoperable Add-On Accessibility • Alternate Formats (Braille, Large Print, Audio Tape, Disk) • Staffing- readers, etc. Front End or Retro Fit?

24. Web Accessibility Standards & Guidelines • World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) • Section 508 Standards • Modeled on W3C Guidelines • Required Use by Federal Agencies

25. Universal Design • Concept originated in field of architecture • Term has grown. Often applied to other fields including product design, computer technology, electronics, telecommunications, classroom instruction and workplace design. • “The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design” Ron Mace founder of the Center on Universal Design at North Carolina State University • No Standards

26. What is Everyone Else Doing???

27. State of the States • States have policies & laws relative to web access and E&IT • ITTATC links to state laws and policies http://www.ittatc.org/laws/stateLawAtGlance.php

28. States with “508-like” Legislation

29. States with IT Accessibility…

30. Web Access • Options for standards • §508 • W3C • Hybrid • What is a hybrid & why did some states do hybrids? • Response to state hybrids

31. Auto Adoption of §508 or W3C Pros & Cons • Pros • Success in effecting change at state level – may expedite adoption • Consistency • Product Support- validation tools • But… • Cons • No control over changes • If changes occur will implementers have the knowledge, skills, abilities and tools to conform?

32. Learning From Others Developing & Implementing a Web Access Policy

33. Patterns & Considerations • How • State statutes, Local resolutions, technical architecture, policies, • Adopt §508 in full or state control • Beneficiaries • Focus on people with visual disabilities – Non Visual Access • All people with disabilities • Accommodation vs. E&IT Infrastructure Accessibility

34. Procurement & In-House Development • Implementation • No responsibility for implementation • Entity given authority to implement may not have authority over covered entities making enforcement a challenge. • Effective Dates • Deadline for completion • Full force and effect immediately or phase-in – liability • Scope of Applicability - Varies by state to state- covered entities may be extended by policies • State governmental entities • Schools and Universities • Not-for-profit organizations

35. Vendor Clause/Technology Access Clause • Some laws require non-visual access clause for contracts, vendor assures product is accessible. • 5% Rule • Complaint Options • Some states complaint processes are limited to getting an injunction; others allow civil action

36. Unfunded Mandates?? • Requirement follows the dollar in some states. • Entities supported in whole or part by the state required to comply. • Efforts and ability to enforce are unclear • Standards • States have specifically adopted §508 standards or descriptive standards based on §508 • Universal Access • Functional Performance Standards • Exemptions/No exemptions • No exemptions • All the federal exemptions

37. Tools to Help Web Access Policy & Standards Construction Tool http://www.ittatc.org/state/policy/

38. Policy Development • Purpose • Policy Statement • Scope • Compliance Requirements • Procurement • Testing and Validation • Monitoring • Designated Individuals • Complaint Process • Adoption & Implementation • Terms & Definitions

39. Contact Information_______________ Deborah Buck Executive Director, ATAP dbuck@nycap.rr.com 518.439.1263