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