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