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

[Kathleen Hagen]

Noel, Thank you for that informative and enlightened OCR decision.
Kathy Hagen
----- Original Message ----- 
From: "Nightingale, Noel" <Noel.Nightingale at ed.gov>
To: <blindlaw at nfbnet.org>
Sent: Monday, February 23, 2009 6:34 PM
Subject: [blindlaw] U.S. Dept. of Education OCR decision re computer access 
in Charlotte-Mecklenburg (NC) Schools,


> >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
>
> Copyright 2009(c) LRP Publications
>
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