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Don’t Get Snared in OCR’s Web! How Website Accessibility Impacts Your District
Pam Kaminsky, Rogers Morris & Grover, LLPCyndi Short, Clear Creek ISD
2/20/2018
© RMG, LLP 1
DON’T GET SNARED IN OCR'S WEB! How Website Accessibility Impacts Your District?
DON’T GET SNARED IN OCR'S WEB! How Website Accessibility Impacts Your District?
Cyndi Short, Ed.D. Executive Director of Special Services
Clear Creek Independent School District
Cyndi Short, Ed.D. Executive Director of Special Services
Clear Creek Independent School District
Pam KaminskyAttorney
Rogers, Morris & Grover, L.L.P.
ROADMAPROADMAP
Understanding Website AccessibilityDisabilities and Assistive TechnologyLegal RequirementsStandards for Measuring AccessibilityKey Points and Best Practices
Understanding Website AccessibilityDisabilities and Assistive TechnologyLegal RequirementsStandards for Measuring AccessibilityKey Points and Best Practices
WHAT IS WEBSITE ACCESSIBILITY?WHAT IS WEBSITE ACCESSIBILITY?
The practice of providing individuals with disabilities access to websites and related content that is comparable to those who do not have disabilities
Enabling individuals with disabilities to perceive, understand, navigate, and interact with websites and related content to the same extent as a person without disabilities
The practice of providing individuals with disabilities access to websites and related content that is comparable to those who do not have disabilities
Enabling individuals with disabilities to perceive, understand, navigate, and interact with websites and related content to the same extent as a person without disabilities
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WHAT IS WEBSITE ACCESSIBILITY?WHAT IS WEBSITE ACCESSIBILITY?
Includes building features into web pages to make websites more usable to individuals with disabilities and removing barriers that prevent interaction with, or access to, websites by people with disabilities to ensure that all users have equal access to the information and functionality available on the website
Includes building features into web pages to make websites more usable to individuals with disabilities and removing barriers that prevent interaction with, or access to, websites by people with disabilities to ensure that all users have equal access to the information and functionality available on the website
DEFINING “WEB CONTENT”DEFINING “WEB CONTENT”
WebsitesWeb pages (including all embedded images, media, and experiences, such as videos, flash movies, games, sounds)Web mail and related functions, such as calendar and
contactsPortal sites
Mobile sitesApps
WebsitesWeb pages (including all embedded images, media, and experiences, such as videos, flash movies, games, sounds)Web mail and related functions, such as calendar and
contactsPortal sites
Mobile sitesApps
EXAMPLES OF DISABILITIES IMPACTEDEXAMPLES OF DISABILITIES IMPACTED
Blindness and low vision Deafness and hearing loss Learning disabilities Older individuals with changing
abilities
Blindness and low vision Deafness and hearing loss Learning disabilities Older individuals with changing
abilities
Limited movement Speech disabilities Photosensitivity Cognitive limitations
Limited movement Speech disabilities Photosensitivity Cognitive limitations
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EXAMPLES OF ASSISTIVE TECHNOLOGIESEXAMPLES OF ASSISTIVE TECHNOLOGIES
Screen readers: Software used to read out the content of the computer screen
Braille terminals: Refreshable braille displays that render text as braille characters (usually by means of raising pegs through holes in a flat surface) and a keyboard standard or braille
Screen magnification software: Allows users to control the size of text and or graphics on the screen (similar to a handheld magnifier over the screen)
Screen readers: Software used to read out the content of the computer screen
Braille terminals: Refreshable braille displays that render text as braille characters (usually by means of raising pegs through holes in a flat surface) and a keyboard standard or braille
Screen magnification software: Allows users to control the size of text and or graphics on the screen (similar to a handheld magnifier over the screen)
EXAMPLES OF ASSISTIVE TECHNOLOGIESEXAMPLES OF ASSISTIVE TECHNOLOGIES
Speech recognition software: Accepts spoken commands to the computer or turns dictation into grammatically correct text
Keyboard overlays: Make typing easier or more accurate for those who have motor control difficulties
Subtitled or sign language videos
Speech recognition software: Accepts spoken commands to the computer or turns dictation into grammatically correct text
Keyboard overlays: Make typing easier or more accurate for those who have motor control difficulties
Subtitled or sign language videos
EXAMPLES OF ASSISTIVE TECHNOLOGIESEXAMPLES OF ASSISTIVE TECHNOLOGIES
Alternative input devices Head pointer: A stick or object mounted directly on the user’s
head that can be used to push keys on the keyboard (used by individuals who have no use of their hands)
Motion tracking or eye tracking: Devices that watch a target or even the eyes of the user to interpret where the user wants to place the mouse pointer and moves it for the user
Single switch entry devices: Can be used with other alternative input devices or by themselves
Alternative input devices Head pointer: A stick or object mounted directly on the user’s
head that can be used to push keys on the keyboard (used by individuals who have no use of their hands)
Motion tracking or eye tracking: Devices that watch a target or even the eyes of the user to interpret where the user wants to place the mouse pointer and moves it for the user
Single switch entry devices: Can be used with other alternative input devices or by themselves
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ACCEPTED STANDARDS FOR MEASURINGACCESSIBILITYACCEPTED STANDARDS FOR MEASURINGACCESSIBILITY
U.S. Access Board (federal agency) Section 508 of the Rehabilitation Act of 1973
Standards for Federal Information and Communication Technology (ICT)
Web Accessibility Initiative (WAI) Accessible Rich Internet Applications (ARIA)
World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA
U.S. Access Board (federal agency) Section 508 of the Rehabilitation Act of 1973
Standards for Federal Information and Communication Technology (ICT)
Web Accessibility Initiative (WAI) Accessible Rich Internet Applications (ARIA)
World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA
WHY IS WEBSITE ACCESSIBILITY IMPORTANT?WHY IS WEBSITE ACCESSIBILITY IMPORTANT?
It’s the law!Section 504 of the Rehabilitation Act of 1973Title II of the Americans with Disabilities Act of 1990
It’s the law!Section 504 of the Rehabilitation Act of 1973Title II of the Americans with Disabilities Act of 1990
WHY IS WEBSITE ACCESSIBILITY IMPORTANT?WHY IS WEBSITE ACCESSIBILITY IMPORTANT?
Public schools must make their websites accessible to persons with disabilities“accessible features for people with disabilities”“substantially equivalent ease of use”Must provide an accessible alternate version of any
inaccessible information or functionalityEnforced by U.S. Department of Education’s Office for Civil
Rights (OCR)
Public schools must make their websites accessible to persons with disabilities“accessible features for people with disabilities”“substantially equivalent ease of use”Must provide an accessible alternate version of any
inaccessible information or functionalityEnforced by U.S. Department of Education’s Office for Civil
Rights (OCR)
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OCR ENFORCEMENTOCR ENFORCEMENT
ComplaintInvestigationResolution AgreementContinued Monitoring by OCR
ComplaintInvestigationResolution AgreementContinued Monitoring by OCR
RESOLUTION AGREEMENTRESOLUTION AGREEMENT
Benchmark Standards - WCAG 2.0 Level AA and WAI-ARIA 1.0
Policies and Procedures Regarding New Online Content and Functionality
Audit of Existing Content and Functionality and Corrective Action Plan
Annual Training
Benchmark Standards - WCAG 2.0 Level AA and WAI-ARIA 1.0
Policies and Procedures Regarding New Online Content and Functionality
Audit of Existing Content and Functionality and Corrective Action Plan
Annual Training
WEB CONTENT ACCESSIBILITY GUIDELINES(WCAG) 2.0WEB CONTENT ACCESSIBILITY GUIDELINES(WCAG) 2.0
Developed by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI) to establish common standards for website accessibility
Addresses issues that block or interfere with access to the Web for people with disabilities
Organized as principles, guidelines, success criteria, and advisory techniques
Developed by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI) to establish common standards for website accessibility
Addresses issues that block or interfere with access to the Web for people with disabilities
Organized as principles, guidelines, success criteria, and advisory techniques
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WCAG 2.0 PRINCIPLESWCAG 2.0 PRINCIPLES
1. Perceivable - Information and user interface components are presentable to users in ways they can perceiveUsers are able to perceive the information being presented
2. Operable - User interface is operableUsers are able to operate the interface (the interface cannot
require interaction that a user cannot perform)
1. Perceivable - Information and user interface components are presentable to users in ways they can perceiveUsers are able to perceive the information being presented
2. Operable - User interface is operableUsers are able to operate the interface (the interface cannot
require interaction that a user cannot perform)
Copyright © 2016 World Wide Web Consortium, (MIT, ERCIM, Keio, Beihang), Understanding WCAG 2.0: A guide to understanding and implementing WCAG 2.0, https://www.w3.org/TR/UNDERSTANDING-WCAG20/intro.html#introduction-fourprincs-head
WCAG 2.0 PRINCIPLESWCAG 2.0 PRINCIPLES
3. Understandable -Users are able to understand the information as well as the
operation of the user interface (the content or operation cannot be beyond their understanding)
3. Understandable -Users are able to understand the information as well as the
operation of the user interface (the content or operation cannot be beyond their understanding)
Copyright © 2016 World Wide Web Consortium, (MIT, ERCIM, Keio, Beihang), Understanding WCAG 2.0: A guide to understanding and implementing WCAG 2.0, https://www.w3.org/TR/UNDERSTANDING-WCAG20/intro.html#introduction-fourprincs-head
4. Robust –Content is robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies
Users are able to access the content as technologies advance (as technologies and user agents evolve, the content should remain accessible)
4. Robust –Content is robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies
Users are able to access the content as technologies advance (as technologies and user agents evolve, the content should remain accessible)
WCAG 2.0 PRINCIPLESWCAG 2.0 PRINCIPLES
Copyright © 2016 World Wide Web Consortium, (MIT, ERCIM, Keio, Beihang), Understanding WCAG 2.0: A guide to understanding and implementing WCAG 2.0, https://www.w3.org/TR/UNDERSTANDING-WCAG20/intro.html#introduction-fourprincs-head
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WCAG 2.0 GUIDELINES - PERCEIVABLEWCAG 2.0 GUIDELINES - PERCEIVABLE
1.1 Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols or simpler language.1.2 Provide alternatives for time-based media.1.3 Create content that can be presented in different ways (for example simpler layout) without losing information or structure.1.4 Make it easier for users to see and hear content including separating foreground from background.
1.1 Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols or simpler language.1.2 Provide alternatives for time-based media.1.3 Create content that can be presented in different ways (for example simpler layout) without losing information or structure.1.4 Make it easier for users to see and hear content including separating foreground from background.
Copyright © 2008 W3C® (MIT, ERCIM, Keio), All Rights Reserved, Web Content Accessibility Guidelines (WCAG) 2.0, https://www.w3.org/TR/2008/REC-WCAG20-20081211/#guidelines
WCAG 2.0 GUIDELINES - OPERABLEWCAG 2.0 GUIDELINES - OPERABLE
2.1 Make all functionality available from a keyboard.2.2 Provide users enough time to read and use content.2.3 Do not design content in a way that is known to cause seizures.2.4 Provide ways to help users navigate, find content, and determine where they are.
2.1 Make all functionality available from a keyboard.2.2 Provide users enough time to read and use content.2.3 Do not design content in a way that is known to cause seizures.2.4 Provide ways to help users navigate, find content, and determine where they are.
Copyright © 2008 W3C® (MIT, ERCIM, Keio), All Rights Reserved, Web Content Accessibility Guidelines (WCAG) 2.0, https://www.w3.org/TR/2008/REC-WCAG20-20081211/#guidelines
WCAG 2.0 GUIDELINES - UNDERSTANDABLEWCAG 2.0 GUIDELINES - UNDERSTANDABLE
3.1 Make text content readable and understandable.3.2 Make Web pages appear and operate in predictable ways.3.3 Help users avoid and correct mistakes.
3.1 Make text content readable and understandable.3.2 Make Web pages appear and operate in predictable ways.3.3 Help users avoid and correct mistakes.
Copyright © 2008 W3C® (MIT, ERCIM, Keio), All Rights Reserved, Web Content Accessibility Guidelines (WCAG) 2.0, https://www.w3.org/TR/2008/REC-WCAG20-20081211/#guidelines
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WCAG 2.0 GUIDELINES -ROBUSTWCAG 2.0 GUIDELINES -ROBUST
4.1 Maximize compatibility with current and future user agents, including assistive technologies.
4.1 Maximize compatibility with current and future user agents, including assistive technologies.
Copyright © 2008 W3C® (MIT, ERCIM, Keio), All Rights Reserved, Web Content Accessibility Guidelines (WCAG) 2.0, https://www.w3.org/TR/2008/REC-WCAG20-20081211/#guidelines
WCAG 2.0 SUCCESS CRITERIAWCAG 2.0 SUCCESS CRITERIA
Testable technology-neutral “True or False” statements Automated testing and human evaluation Level A, AA, AAA
Lowest level enables the access to the webpages, and highest level enables their usability
Conformance is addressed to the whole web page
Testable technology-neutral “True or False” statements Automated testing and human evaluation Level A, AA, AAA
Lowest level enables the access to the webpages, and highest level enables their usability
Conformance is addressed to the whole web page
Copyright © 2016 W3C® (MIT, ERCIM, Keio), All Rights Reserved, Understanding Techniques for WCAG Success Criteria, https://www.w3.org/TR/UNDERSTANDING-WCAG20/understanding-techniques.html
WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0
Helps with dynamic content and advanced user interface controls developed with Ajax, HTML, JavaScript, and related technologies
Defines how information about functionalities of advanced Web applications can be provided to assistive technology
Helps with dynamic content and advanced user interface controls developed with Ajax, HTML, JavaScript, and related technologies
Defines how information about functionalities of advanced Web applications can be provided to assistive technology
Copyright © 1994-2014 W3C® (MIT, ERCIM, Keio), All Rights Reserved, WAI-ARIA Overview, https://www.w3.org/WAI/intro/aria, updated 15 January 2016
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WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0
Provides a framework for adding attributes to identify features for user interaction, how they relate to each other, and their current state
Describes new navigation techniques to mark regions and common Web structures such as menus, primary content, secondary content, banner information, and other types of Web structures
Provides a framework for adding attributes to identify features for user interaction, how they relate to each other, and their current state
Describes new navigation techniques to mark regions and common Web structures such as menus, primary content, secondary content, banner information, and other types of Web structures
Copyright © 1994-2014 W3C® (MIT, ERCIM, Keio), All Rights Reserved, WAI-ARIA Overview, https://www.w3.org/WAI/intro/aria, updated 15 January 2016
WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0
WAI-ARIA provides Web authors with the following:Roles to describe the type of widget presented, such as
"menu", "treeitem", "slider", and "progressmeter"Roles to describe the structure of the Web page, such as
headings, regions, and tables (grids)Properties to describe the state widgets are in, such as
"checked" for a check box, or "haspopup" for a menu.
WAI-ARIA provides Web authors with the following:Roles to describe the type of widget presented, such as
"menu", "treeitem", "slider", and "progressmeter"Roles to describe the structure of the Web page, such as
headings, regions, and tables (grids)Properties to describe the state widgets are in, such as
"checked" for a check box, or "haspopup" for a menu.
Copyright © 1994-2014 W3C® (MIT, ERCIM, Keio), All Rights Reserved, WAI-ARIA Overview, https://www.w3.org/WAI/intro/aria, updated 15 January 2016
WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0WEB ACCESSIBILITY INITIATIVE (WAI)ACCESSIBLE RICH INTERNET APPLICATIONS (ARIA) 1.0
(continued) WAI-ARIA provides Web authors with the following:Properties to define live regions of a page that are likely to get
updates (such as stock quotes), as well as an interruption policy for those updates
Properties for drag-and-drop that describe drag sources and drop targets
A way to provide keyboard navigation for the Web objects and events, such as those mentioned above
(continued) WAI-ARIA provides Web authors with the following:Properties to define live regions of a page that are likely to get
updates (such as stock quotes), as well as an interruption policy for those updates
Properties for drag-and-drop that describe drag sources and drop targets
A way to provide keyboard navigation for the Web objects and events, such as those mentioned above
Copyright © 1994-2014 W3C® (MIT, ERCIM, Keio), All Rights Reserved, WAI-ARIA Overview, https://www.w3.org/WAI/intro/aria, updated 15 January 2016
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KEY POINTSKEY POINTS
No FAPE implications – public-facing sites only Content must be accessible without using a mouse All graphics on the page must be labeled Links must tell you what the link is to Closed Captioning is required (YouTube machine captioning is
not sufficient unless you download it and edit it for accuracy) Teacher sites must be compliant even if there are no disabled
students in the teacher’s class (must be accessible by anyone who wants to access that District service/resource)
No FAPE implications – public-facing sites only Content must be accessible without using a mouse All graphics on the page must be labeled Links must tell you what the link is to Closed Captioning is required (YouTube machine captioning is
not sufficient unless you download it and edit it for accuracy) Teacher sites must be compliant even if there are no disabled
students in the teacher’s class (must be accessible by anyone who wants to access that District service/resource)
A NOTE ON EXTERNAL LINKSA NOTE ON EXTERNAL LINKS
If the content on an external link looks or acts like District-provided services and activities, it must be accessible
Example: An external SaaS solution to pay for school lunch program serves a District purpose and must be accessible even if it is not technically on the District’s domain
If the content on an external link looks or acts like District-provided services and activities, it must be accessible
Example: An external SaaS solution to pay for school lunch program serves a District purpose and must be accessible even if it is not technically on the District’s domain
BEST PRACTICESBEST PRACTICES
Centralize web development activities – make one team responsible for uploading all content
Insert screen reader-capable link in header/footer of every page with link to an email pop-up or a phone number to call for users to click and send you a message or call you if they are not able to access something on the website
Centralize web development activities – make one team responsible for uploading all content
Insert screen reader-capable link in header/footer of every page with link to an email pop-up or a phone number to call for users to click and send you a message or call you if they are not able to access something on the website
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QUESTIONS?
THE FOREGOING PRESENTATION WAS CREATED BY ROGERS, MORRIS & GROVER, LLP. THIS PRESENTATION IS INTENDED
TO BE USED SOLELY FOR GENERAL INFORMATION PURPOSES AND IS NOT TO BE REGARDED AS LEGAL ADVICE. IF SPECIFIC LEGAL ADVICE IS SOUGHT, PLEASE CONSULT AN ATTORNEY.