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