<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body dir="auto"><br><br><div dir="ltr">Sent from my iPhone</div><div dir="ltr"><br>Begin forwarded message:<br><br></div><blockquote type="cite"><div dir="ltr"><b>From:</b> Arielle Silverman via NABS-L <nabs-l@nfbnet.org><br><b>Date:</b> September 21, 2023 at 11:16:15 AM EDT<br><b>To:</b> nabs-l@nfbnet.org<br><b>Cc:</b> Arielle Silverman <arielle71@gmail.com><br><b>Subject:</b> <b>[NABS-L] Action alert! Submit comments on proposed regulations related to Web and app accessibility in schools</b><br><b>Reply-To:</b> National Association of Blind Students mailing list <nabs-l@nfbnet.org><br><br></div></blockquote><blockquote type="cite"><div dir="ltr"><span>Hello NABS,</span><br><span>I used to be president of NABS, and now work as the director of</span><br><span>research at the American Foundation for the Blind (AFB). We are urging</span><br><span>blind students to comment on proposed regulations related to Web and</span><br><span>app accessibility. Please read below and see link to the comments</span><br><span>submission at the bottom of this email.</span><br><span></span><br><span>Action Needed for Proposed Changes to Title II of the Americans with</span><br><span>Disabilities Act (ADA) Regarding Web and Mobile App Accessibility</span><br><span></span><br><span>October 3, 2023, is the deadline for comments on the Notice of</span><br><span>Proposed Rulemaking (NPRM) by the Department of Justice on the need to</span><br><span>update the regulations for Title II of the Americans with Disabilities</span><br><span>Act (ADA) to add more specific requirements about web and mobile</span><br><span>application (app) accessibility. Title II covers state and local</span><br><span>government entities and other public entities like public school</span><br><span>districts, public universities, and transit agencies that operate at</span><br><span>those levels. The Department of Justice is looking for individuals</span><br><span>like you, and your colleagues and peers, to share your experiences and</span><br><span>opinions on whether they should have exemptions (or loopholes) that</span><br><span>complicate the accessibility landscape. We need you to submit your</span><br><span>public comment and share this call to action with other blind</span><br><span>individuals.</span><br><span></span><br><span>As you know, people who are blind or have low vision regularly</span><br><span>interact with these entities. They attend or teach at public schools,</span><br><span>they use public transit and paratransit, they vote, they file business</span><br><span>and home construction permits, they use vocational rehabilitation</span><br><span>services, and so much more. By requiring all entities to bring their</span><br><span>websites into conformance with the Web Content Accessibility</span><br><span>Guidelines, we expect that people with disabilities will have</span><br><span>increased access to public services, programs, and information;</span><br><span>greater privacy; and greater independence.</span><br><span></span><br><span>However, we are deeply concerned that this rule includes exemptions</span><br><span>that will undermine the goals of the regulation. In order to appease</span><br><span>entities that are concerned about the effort involved in making</span><br><span>websites accessible, the Department of Justice has proposed seven</span><br><span>exemptions. For example, two of the exemptions will mean that public</span><br><span>schools and universities have to make school-wide calendars and lunch</span><br><span>menus accessible but that coursework for students’ individual classes,</span><br><span>including third-party apps that are accessed with a unique student</span><br><span>login, must not be made accessible until the school is made aware that</span><br><span>a student with a disability or a student whose parent has a disability</span><br><span>is enrolled in the class. Then the school and teacher will have just 5</span><br><span>days to make all needed changes so that all of the coursework is</span><br><span>accessible. This recommendation seems reactive and unworkable for most</span><br><span>teachers and professors who rely on content and programs created by</span><br><span>other people or companies. In addition, it does not seem to be</span><br><span>substantially different from the status quo, where materials are often</span><br><span>made accessible on a student-by-student basis.</span><br><span></span><br><span>The other exemptions cover:</span><br><span>• archived web content (e.g., a historical archive or many property records);</span><br><span>• preexisting documents in PDF, word processing, spreadsheet, and</span><br><span>presentation formats (e.g., a 2023 report on the effect of the</span><br><span>coronavirus pandemic);</span><br><span>• documents that are unique to an individual and accessed with a</span><br><span>password (e.g. utility bills or tax records);</span><br><span>• information posted by third parties (e.g., public comment</span><br><span>submissions or student discussion boards); and</span><br><span>• third-party content linked to by the public entity (e.g., any</span><br><span>content linked to by a local tourism agency).</span><br><span></span><br><span>Information to Consider When Drafting Your Comment</span><br><span></span><br><span>In your comment, you should say that website and app accessibility is</span><br><span>important to you and your children, students or clients (if you have</span><br><span>them). The department will be hearing a lot about how hard it will be</span><br><span>to make websites accessible and that the return on investment is not</span><br><span>worth it. Give the department information that they can use to support</span><br><span>the strongest possible regulation.</span><br><span></span><br><span>Remember the ADA's four primary goals include full participation,</span><br><span>equal opportunity, independent living, and economic self-sufficiency.</span><br><span>Consider articulating that the education exemptions create real</span><br><span>problems for students and staff who work with them. Consider</span><br><span>underscoring that it would be less confusing and complicated if</span><br><span>schools simply had to utilize accessible web and app content</span><br><span>universally instead of following these proposed complex and unfeasible</span><br><span>exemptions.</span><br><span></span><br><span>They want to hear the benefits of web accessibility and examples of</span><br><span>situations in which accessibility matters. If you can quantify the</span><br><span>benefits, that is even better. For example, it might take students 2</span><br><span>months or more to receive an accessible version of a digital textbook,</span><br><span>so it would be better for the publisher to create an accessible</span><br><span>version for all students and for the school or professor to select a</span><br><span>curriculum that is most accessible. Or you might talk about the</span><br><span>benefits of allowing parents who are blind or have low vision to spend</span><br><span>more time supporting their kids with schoolwork rather than</span><br><span>troubleshooting accessibility issues. Draw on your own experiences</span><br><span>when describing why web accessibility is important.</span><br><span></span><br><span>You can also imagine a situation in which all digital tools and</span><br><span>applications in local government and local education environments were</span><br><span>accessible. What would the result of this accessibility be? How would</span><br><span>accessible tools and applications benefit professors, teachers,</span><br><span>parents, and students with visual impairments?</span><br><span></span><br><span>In preparing your comment, we suggest that you write in support of a</span><br><span>rule that requires state and local government websites and apps to be</span><br><span>accessible without exemptions and to answer these questions:</span><br><span>• Share your experience as a person who is blind or has low vision, or</span><br><span>as a family member to these individuals.</span><br><span>• What has been your experience with inaccessible state and local</span><br><span>government entity websites and apps, including those used in schools?</span><br><span>Is it hard to get help with or to fix an inaccessible site or app on a</span><br><span>case by case basis? Describe some challenges.</span><br><span>• Why does a good regulation matter? Will it save you or your loved</span><br><span>ones time, energy, frustration, or money?</span><br><span>• How would outcomes for students (or people with disabilities</span><br><span>generally) be different if these websites and apps were accessible by</span><br><span>default?</span><br><span></span><br><span>How to Submit Your Comment</span><br><span></span><br><span>You can submit comments through October 3, 2023 by going to</span><br><span>Regulations.gov</span><br><span>(https://www.regulations.gov/document/DOJ-CRT-2023-0007-0001/).</span><br><span></span><br><span>You can also mail your comments at Disability Rights Section, Civil</span><br><span>Rights Division, U.S. Department of Justice, P.O. Box 440528,</span><br><span>Somerville, MA 02144. Electronic comments are preferred, though.</span><br><span></span><br><span>If you need information in an alternative format, you can call the ADA</span><br><span>Information Line at (800) 514-0301 (voice) or 1-833-610-1264 (TTY).</span><br><span></span><br><span>Additional Information</span><br><span></span><br><span>Fact Sheet</span><br><span>https://www.ada.gov/notices/2023/07/20/web-nprm/</span><br><span></span><br><span>PDF of the NPRM</span><br><span>https://www.ada.gov/assets/_pdfs/web-accessibility-NPRM.pdf</span><br><span></span><br><span>PDF of the PRIA</span><br><span>https://www.ada.gov/assets/_pdfs/web-pria.pdf</span><br><span></span><br><span>_______________________________________________</span><br><span>NABS-L mailing list</span><br><span>NABS-L@nfbnet.org</span><br><span>http://nfbnet.org/mailman/listinfo/nabs-l_nfbnet.org</span><br><span>To unsubscribe, change your list options or get your account info for NABS-L:</span><br><span>http://nfbnet.org/mailman/options/nabs-l_nfbnet.org/braillemasterjustin%40gmail.com</span><br></div></blockquote></body></html>