| In March 1996, the U.S. Department of | | | | equally effective or appropriate for |
| Education, Office of Civil Rights | | | | longer, more complex, or more critical |
| notified Chancellor Thomas J. Nussbaum | | | | material (Example: Use of a telephone |
| that it was about to begin a statewide | | | | relay service may be an acceptable |
| compliance review under Title II of the | | | | method for a faculty member to respond |
| Americans with Disabilities Act of 1990. | | | | to a brief question from a deaf student |
| The compliance review would focus on the | | | | during his/her office hours, but |
| status of community colleges in meeting | | | | probably would not be appropriate as a |
| their obligation under Title II and | | | | means of permitting that same student to |
| Section 504 to provide students with | | | | participate in a class discussions in a |
| visual impairments access to print and | | | | course conducted by teleconference.) |
| computer-based information. The review | | | | Issues concerning accommodation should |
| was to examine whether students with | | | | be resolved through appropriate campus |
| visual impairments, particularly blind | | | | procedures as defined under Title 5, |
| students, were accorded an equal | | | | Section 56027. |
| educational opportunity by California | | | | 4. Adoption of access solutions which |
| Community Colleges or whether they were | | | | include assigning assistants (i.e. sign |
| being discriminated against on the basis | | | | language interpreters, readers) to work |
| of their disability. Specifically, OCR | | | | with an individual student to provide |
| wished to consider whether the | | | | access to distance education resources |
| Chancellor’s Office employed "methods | | | | should only be considered as a last |
| of administration" which substantially | | | | resort when all efforts to enhance the |
| impaired accomplishment of the | | | | native accessibility of the course |
| objectives of the California Community | | | | material have failed. |
| College educational programs with | | | | 5. Access to distance education courses, |
| respect to students with visual | | | | resources and materials include the |
| impairments. | | | | audio, video and text components of |
| As an outcome of this review, OCR | | | | courses or communication delivered via |
| offered nine suggestions for addressing | | | | satellite, Instructional Television |
| areas of concern identified by the | | | | Fixed Services (ITFS), cable, compressed |
| review. Among the suggestions/concerned | | | | video, Local Area Network/Wide Area |
| voiced by OCR was the need for | | | | Network (LAN/WAN networks), Internet, |
| development of system-wide access | | | | telephone or any other form of |
| guidelines for distance learning and | | | | electronic transmission. Access to |
| campus Web pages. In a January 22, 1998 | | | | resources and materials include the |
| letter to Chancellor Nussbaum, Stefan | | | | audio, video, multimedia and text |
| Rosenzweig, Regional Director of OCR | | | | components of Web sites, electronic chat |
| stated: | | | | rooms, e-mail, instructional software, |
| "California Community Colleges, | | | | CDROM, DVD, laser disc, video tape, |
| individually and collectively as part of | | | | audio tape, electronic text and print |
| the California Virtual University, are | | | | materials. Where access to Web sites not |
| rapidly developing their capacity to | | | | controlled by the college is required or |
| deliver educational programs to offsite | | | | realistically necessary to completion of |
| students through technology. Little | | | | a course, the college must take steps to |
| attention is being given to ensure that | | | | ensure that such sites are accessible or |
| these distance learning programs are | | | | provide the same material by another |
| accessible to students with | | | | means that is accessible. |
| disabilities, especially students with | | | | 6. Distance education courses, resources |
| visual impairments." | | | | and materials must be designed and |
| He further added: | | | | delivered in such a way that the level |
| "The need for guidelines regarding | | | | of communication and course taking |
| distance learning has been recognized by | | | | experience is the same for students with |
| several different entities in the | | | | or without disabilities. |
| California Community College system, | | | | 7. After the adoption date of these |
| including the Academic Senate which in | | | | guidelines, any distance education |
| Fall 1997, adopted "Guidelines for Good | | | | courses, resources or materials |
| Practice: Technology Mediated | | | | purchased or leased from a third-party |
| Instruction." It is OCRs understanding | | | | provider or created or substantially |
| that four regional distance learning | | | | modified "in-house" must be accessible |
| centers to assist in development of | | | | to students with disabilities unless |
| program and course materials will be | | | | doing so would fundamentally alter the |
| set-up in 1998-99. The concept of | | | | nature of the instructional activity or |
| accessibility should be firmly | | | | result in undue financial and |
| integrated into such development." | | | | administrative burdens on the district. |
| In responding to the Regional | | | | 8. Colleges are encouraged to review all |
| Director’s suggestions regarding | | | | existing distance education curriculum, |
| development of system-wide access | | | | materials and resources as quickly as |
| guidelines for distance learning and | | | | possible and make necessary |
| campus Web pages, in a letter dated | | | | modifications to ensure access for |
| March 13, 1998, Chancellor Nussbaum | | | | students with disabilities. At a |
| replied: | | | | minimum, the Chancellor’s Office will |
| "We concur with the strategies related | | | | expect that the curriculum for each |
| to this issue. I will immediately direct | | | | distance education course and its |
| that the Chancellor’s Office Task | | | | associated materials and resources will |
| Forces related to distance learning as | | | | be reviewed and revised as necessary |
| well as California Virtual University | | | | when the course undergoes curriculum |
| have persons on them to specifically | | | | review pursuant to Title 5, Sections |
| address access issues for persons with | | | | 55002 and 55378, every six years as part |
| disabilities…To assure that the | | | | of the accreditation process. In the |
| necessary guidance to colleges is | | | | event that a student with a disability |
| available, I will specifically ask Vice | | | | enrolls in an existing distance |
| Chancellor of Educational Services and | | | | education course before this review is |
| Economic Development, Rita Cepeda, whose | | | | completed, the college will be |
| staff oversees the distance learning | | | | responsible for acting in a timely |
| issues, to develop in cooperation with | | | | manner to making any requested |
| the DSP&S Unit and the High Tech Center | | | | modifications to the curriculum, |
| Training Unit (HTCTU), guidelines for | | | | materials or resources used in the |
| distance learning to assure it is | | | | course, unless doing so would |
| accessible to and usable by persons with | | | | fundamentally alter the nature of the |
| disabilities." | | | | instructional activity or result in |
| The following are general principles | | | | undue financial and administrative |
| that should be followed in ensuring that | | | | burdens on the district. |
| distance education courses are | | | | 9. In the event that a discrimination |
| accessible to students with | | | | complaint is filed alleging that a |
| disabilities. They represent the general | | | | college has selected software and/or |
| concepts of the ADA and its regulations | | | | hardware that is not accessible for |
| but do not provide a detailed legal | | | | persons with disabilities, the |
| analysis of the ADA requirements. | | | | Chancellor’s Office and the U.S. |
| Persons utilizing this document who are | | | | Department of Education , Office for |
| unfamiliar with the ADA may wish to | | | | Civil Rights will not generally accept a |
| consult the campus ADA Coordinator or | | | | claim of undue burden based on the |
| DSP&S Coordinator for further | | | | subsequent substantial expense of |
| interpretation. In the remainder of this | | | | providing access, when such costs could |
| document, specific guidelines will be | | | | have been significantly reduced by |
| provided for resolving access issues | | | | considering the issue of accessibility |
| with respect to particular delivery | | | | at the time of initial selection. |
| modes commonly used in distance | | | | 10. In all cases, even where the college |
| education. | | | | can demonstrate that a requested |
| 1. One of the primary concepts of | | | | accommodation would involve a |
| distance education is to offer students | | | | fundamental alteration in the nature of |
| "Learning anytime, anywhere." Therefore, | | | | the instructional activity or would |
| all distance education resources must be | | | | impose an undue financial and |
| designed to afford students with | | | | administrative burden, it must |
| disabilities maximum opportunity to | | | | nevertheless provide an alternative |
| access distance education resources | | | | accommodation which is equally effective |
| "anytime, anywhere" without the need for | | | | for the student if such an accommodation |
| outside assistance (i.e. sign language | | | | is available. |
| interpreters, aides, etc.). | | | | 11. Ensuring that distance education |
| 2. Distance education resources must be | | | | courses, materials and resources are |
| designed to provide "built-in" | | | | accessible to students with disabilities |
| accommodation where possible (i.e. | | | | is a shared college responsibility. All |
| closed captioning, descriptive | | | | college administrators, faculty and |
| narration) and/or interface design | | | | staff who are involved in the use of |
| content layout which is accessible to | | | | this instructional mode share this |
| "industry standard" assistive computer | | | | obligation. The Chancellor’s Office |
| technology in common use by persons with | | | | will make every effort to provide |
| disabilities. | | | | technical support and training for |
| 3. Whenever possible, information should | | | | faculty and staff involved in the |
| be provided in the alternative format | | | | creation of accessible distance |
| preferred by the student (i.e. sign | | | | education courses, resources and |
| language interpreter, closed captioning, | | | | materials through: campus |
| descriptive narration, Braille, audio | | | | representative(s) to the California |
| tape, large print, electronic text). | | | | Virtual University (CVU) Regional |
| When choosing between possible | | | | Distance Education Center, staff from |
| alternative formats or methods of | | | | the local Regional Distance Education |
| delivery, consideration should be given | | | | Center(s), campus High Tech Center staff |
| to the fact that methods which are | | | | and High Tech Center Training Unit |
| adequate for short, simple or less | | | | staff. |
| important communications may not be | | | | |