[blindlaw] U.S. Dept. of Education OCR decision re computer access in Charlotte-Mecklenburg (NC) Schools,

Nightingale, Noel Noel.Nightingale at ed.gov
Tue Feb 24 00:34:09 UTC 2009


>From Special Ed Connection
TIP OF THE WEEK: Make sure blind students have comparable access to computers

A district requires students to pass a computer skills test to graduate from high school. To accommodate students with visual impairments, the district installs screen-reading and text-magnification software on select computers. Has the district fulfilled its obligations under Section 504?

The answer depends on whether students with visual impairments have comparable access to the equipment.

In Charlotte-Mecklenburg (NC) Schools, 51 IDELR 196 (OCR 2008), OCR found that a North Carolina district violated Section 504 by failing to accommodate students with visual impairments. OCR recognized that the district installed screen-reading software on 12 elementary school computers. However, OCR noted that six of the classrooms and common areas used by students with visual impairments did not have screen-reading software on any of their computers.

"[T]he information provided by the district shows that there are several [students with visual impairments] who were still unable to access computers at the school during the" 2007-08 school year, OCR wrote. OCR indicated that the district could resolve the compliance concern by ensuring that all students with visual impairments had access to computers.

Districts must ensure that the services and facilities provided to students with disabilities are comparable to those provided to their nondisabled peers. East Allen County (IN) Sch., 19 IDELR 80 (OCR 1992). Thus, if nondisabled students have ready access to computers, the district must ensure that students with visual impairments have ready access as well.

Calculate the number of computers needed. The number of accessible computers required will depend on several factors, including the number of students with visual impairments and the extent to which computers are used in the curriculum. Create a list of all eligible students with visual impairments and determine the number and location of computers needed to provide them with comparable access. Remember that the comparable access requirement applies to computers in classrooms and common areas.
Identify and provide necessary equipment. Some students with visual impairments may require the use of screen-reading or text-magnification software. Others may need Braille or large-print keyboards to use computers effectively. Review the needs of students with visual impairments, and determine what software and equipment are required to provide them with comparable access.
Consider the need for compensatory services. If the lack of accessible computers causes students with visual impairments to fall behind their nondisabled peers, the district must consider the need for compensatory services. This is especially true when, as in Charlotte-Mecklenburg, computers are an integral part of the curriculum.
Amy E. Slater, Esq. covers special education legal issues for LRP Publications.

February 12, 2009

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