Distance education

In March 1996, the U.S. Department of Education,equally effective or appropriate for longer, more
Office of Civil Rights notified Chancellor Thomas J.complex, or more critical material (Example: Use of a
Nussbaum that it was about to begin a statewidetelephone relay service may be an acceptable method
compliance review under Title II of the Americans withfor a faculty member to respond to a brief question
Disabilities Act of 1990. The compliance review wouldfrom a deaf student during his/her office hours, but
focus on the status of community colleges in meetingprobably would not be appropriate as a means of
their obligation under Title II and Section 504 to providepermitting that same student to participate in a class
students with visual impairments access to print anddiscussions in a course conducted by teleconference.)
computer-based information. The review was toIssues concerning accommodation should be resolved
examine whether students with visual impairments,through appropriate campus procedures as defined
particularly blind students, were accorded an equalunder Title 5, Section 56027.
educational opportunity by California Community4. Adoption of access solutions which include assigning
Colleges or whether they were being discriminatedassistants (i.e. sign language interpreters, readers) to
against on the basis of their disability. Specifically, OCRwork with an individual student to provide access to
wished to consider whether the Chancellor’sdistance education resources should only be
Office employed "methods of administration" whichconsidered as a last resort when all efforts to
substantially impaired accomplishment of theenhance the native accessibility of the course material
objectives of the California Community Collegehave failed.
educational programs with respect to students with5. Access to distance education courses, resources
visual impairments.and materials include the audio, video and text
As an outcome of this review, OCR offered ninecomponents of courses or communication delivered
suggestions for addressing areas of concern identifiedvia satellite, Instructional Television Fixed Services
by the review. Among the suggestions/concerned(ITFS), cable, compressed video, Local Area Network
voiced by OCR was the need for development ofWide Area Network (LAN/WAN networks), Internet,
system-wide access guidelines for distance learningtelephone or any other form of electronic transmission.
and campus Web pages. In a January 22, 1998 letterAccess to resources and materials include the audio,
to Chancellor Nussbaum, Stefan Rosenzweig, Regionalvideo, multimedia and text components of Web sites,
Director of OCR stated:electronic chat rooms, e-mail, instructional software,
"California Community Colleges, individually andCDROM, DVD, laser disc, video tape, audio tape,
collectively as part of the California Virtual University,electronic text and print materials. Where access to
are rapidly developing their capacity to deliverWeb sites not controlled by the college is required or
educational programs to offsite students throughrealistically necessary to completion of a course, the
technology. Little attention is being given to ensure thatcollege must take steps to ensure that such sites are
these distance learning programs are accessible toaccessible or provide the same material by another
students with disabilities, especially students with visualmeans that is accessible.
impairments."6. Distance education courses, resources and materials
He further added:must be designed and delivered in such a way that the
"The need for guidelines regarding distance learninglevel of communication and course taking experience
has been recognized by several different entities in theis the same for students with or without disabilities.
California Community College system, including the7. After the adoption date of these guidelines, any
Academic Senate which in Fall 1997, adopteddistance education courses, resources or materials
"Guidelines for Good Practice: Technology Mediatedpurchased or leased from a third-party provider or
Instruction." It is OCRs understanding that four regionalcreated or substantially modified "in-house" must be
distance learning centers to assist in development ofaccessible to students with disabilities unless doing so
program and course materials will be set-up in 1998-99.would fundamentally alter the nature of the instructional
The concept of accessibility should be firmly integratedactivity or result in undue financial and administrative
into such development."burdens on the district.
In responding to the Regional Director’s8. Colleges are encouraged to review all existing
suggestions regarding development of system-widedistance education curriculum, materials and resources
access guidelines for distance learning and campusas quickly as possible and make necessary
Web pages, in a letter dated March 13, 1998,modifications to ensure access for students with
Chancellor Nussbaum replied:disabilities. At a minimum, the Chancellor’s
"We concur with the strategies related to this issue. IOffice will expect that the curriculum for each distance
will immediately direct that the Chancellor’seducation course and its associated materials and
Office Task Forces related to distance learning as wellresources will be reviewed and revised as necessary
as California Virtual University have persons on themwhen the course undergoes curriculum review
to specifically address access issues for persons withpursuant to Title 5, Sections 55002 and 55378, every
disabilities…To assure that the necessarysix years as part of the accreditation process. In the
guidance to colleges is available, I will specifically askevent that a student with a disability enrolls in an
Vice Chancellor of Educational Services and Economicexisting distance education course before this review
Development, Rita Cepeda, whose staff oversees theis completed, the college will be responsible for acting in
distance learning issues, to develop in cooperation witha timely manner to making any requested
the DSP&S Unit and the High Tech Center Trainingmodifications to the curriculum, materials or resources
Unit (HTCTU), guidelines for distance learning to assureused in the course, unless doing so would
it is accessible to and usable by persons withfundamentally alter the nature of the instructional
disabilities."activity or result in undue financial and administrative
The following are general principles that should beburdens on the district.
followed in ensuring that distance education courses9. In the event that a discrimination complaint is filed
are accessible to students with disabilities. Theyalleging that a college has selected software and/or
represent the general concepts of the ADA and itshardware that is not accessible for persons with
regulations but do not provide a detailed legal analysisdisabilities, the Chancellor’s Office and the
of the ADA requirements. Persons utilizing thisU.S. Department of Education , Office for Civil Rights
document who are unfamiliar with the ADA may wishwill not generally accept a claim of undue burden
to consult the campus ADA Coordinator or DSP&Sbased on the subsequent substantial expense of
Coordinator for further interpretation. In the remainderproviding access, when such costs could have been
of this document, specific guidelines will be provided forsignificantly reduced by considering the issue of
resolving access issues with respect to particularaccessibility at the time of initial selection.
delivery modes commonly used in distance education.10. In all cases, even where the college can
1. One of the primary concepts of distance educationdemonstrate that a requested accommodation would
is to offer students "Learning anytime, anywhere."involve a fundamental alteration in the nature of the
Therefore, all distance education resources must beinstructional activity or would impose an undue financial
designed to afford students with disabilities maximumand administrative burden, it must nevertheless provide
opportunity to access distance education resourcesan alternative accommodation which is equally
"anytime, anywhere" without the need for outsideeffective for the student if such an accommodation is
assistance (i.e. sign language interpreters, aides, etc.).available.
2. Distance education resources must be designed to11. Ensuring that distance education courses, materials
provide "built-in" accommodation where possible (i.e.and resources are accessible to students with
closed captioning, descriptive narration) and/ordisabilities is a shared college responsibility. All college
interface design/content layout which is accessible toadministrators, faculty and staff who are involved in
"industry standard" assistive computer technology inthe use of this instructional mode share this obligation.
common use by persons with disabilities.The Chancellor’s Office will make every
3. Whenever possible, information should be provided ineffort to provide technical support and training for
the alternative format preferred by the student (i.e. signfaculty and staff involved in the creation of accessible
language interpreter, closed captioning, descriptivedistance education courses, resources and materials
narration, Braille, audio tape, large print, electronic text).through: campus representative(s) to the California
When choosing between possible alternative formatsVirtual University (CVU) Regional Distance Education
or methods of delivery, consideration should be givenCenter, staff from the local Regional Distance
to the fact that methods which are adequate for short,Education Center(s), campus High Tech Center staff
simple or less important communications may not beand High Tech Center Training Unit staff.