[MDPOBC] Annapolis Issues Part 1

[Sharon Maneki]

Hello All,

If you intend to participate in our Week in Annapolis, January 20 through
January 27, please come to a meeting at 7:30 pm on Sunday, January 16 so
that we can discuss our two issues. We will meet on Zoom.

Below is the fact sheet for our first issue. I will send the second issue
in a separate email. Please read and come to the meeting with questions.
Thanks for your participation. Let's make nonvisual access a reality in
Maryland.

Join Zoom Meeting

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Meeting ID: 624 813 8327

Passcode: 63263

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*Subject:          The Accountability Act for Accessible K-12 Education for
Students with Disabilities*

*To:                  Members of the Maryland General Assembly*

*From:             Members of the National Federation of the Blind of
Maryland*

*Contact:         Sharon Maneki, Director of Legislation and Advocacy*

*National Federation of the Blind of Maryland*

*9013 Nelson Way*

*Columbia, MD 21045*

*Phone: 410-715-9596*

*Email: **nfbmdsm at gmail.com* <nfbmdsm at gmail.com>



*Date:               January 2022*



*THE PROBLEM*



Blind students in grades K-12 cannot access their educational content
because local school systems use inaccessible instructional technologies.
Although federal and state laws  require the accessibility of information
and communication technology (ICT), digital content  and services such as
educational apps and websites, local school systems and the Maryland State
Department of Education (MSDE) have not enforced the requirement for
developers to ensure accessibility before purchasing and implementing
technologies and have not prohibited staff members from using inaccessible
materials that they find on their own. Local school systems and MSDE have
no accountability for accessibility. Consequently, blind students are
denied the opportunity to fully participate in their education.



*PROPOSED ACTION*



The Maryland General Assembly should enact legislation that provides
accountability for accessibility by both local school systems and the MSDE.
This legislation must include procurement procedures that force local
school systems to comply with Section 508 of the Rehabilitation Act. There
should be a penalty for non-compliance by developers. The MSDE must
annually publicize the record of accessibility compliance by all
jurisdictions on its website. The need for action is urgent. Barriers to
full participation in education that blind students face must be
eliminated.



*BACKGROUND*



Blind students encounter accessibility problems whether their instruction
is in-person or virtual. Accessibility problems are exacerbated during this
pandemic because of the need to shift between in- person instruction  and
virtual instruction. The trend in K-12 education today is to make greater
use of computers and interactive instructional technologies. Students are
expected to use technology to access digital content, complete and submit
their homework, participate in class discussions, complete pop quizzes and
tests, or check their grades. Blind students can no longer perform these
tasks independently when instructional technologies are inaccessible. In
other words, inaccessible technologies shut blind students out of their
education. Additionally, blind parents and blind teachers cannot help
students who must use these technologies. Federal laws such as the
Americans with Disabilities Act and Section 504 of the Rehabilitation Act
have required elementary and secondary schools to use accessible ICT to
provide students with disabilities full and equal access to programs. Since
2002, Maryland law has also required that online instruction must be
accessible to students with disabilities. Since these laws have existed for
decades, why does this problem remain?



Screen access software makes electronic information accessible by rendering
information in either a text-to-speech, magnified, or refreshable Braille
format. These screen access devices will work only if websites, document
formats, or other hardware and software are designed and coded to
accommodate nonvisual access. The methods for nonvisual access are well
known and well documented. The first publicly available accessibility
guidelines were published in 1995 and have been updated periodically. These
guidelines have been incorporated into Section 508 requirements of the
Rehabilitation Act of 1973. The law requires accessibility, and developers
already know how to provide accessibility. What is missing is
accountability and enforcement.



*BENEFITS OF THE PROPOSED LEGISLATION*



1.     *By ensuring accountability, the proposed legislation will prevent
local school systems and the MSDE  from overlooking or ignoring
accessibility requirements. *This legislation will require local school
systems to establish a process to evaluate the accessibility of ICT and
digital content that it is considering for purchase. A local school  system
employee, knowledgeable in accessibility and the web content accessibility
guidelines must be involved in this evaluation. When selecting the product,
the local school system shall “prioritize the available product that best
meets the specifications and has the greatest functionality for
accessibility standards for students with disabilities, including blindness”.
The legislation will also close and accessibility loophole by also
requiring teacher prepared material to be accessible.



The proposed legislation strengthens the role of MSDE in monitoring the
compliance of accessibility in the local school systems. The legislation
will require the MSDE to annually publish the progress of all local school
systems concerning accessibility on its website. Making this information
publicly available demonstrates that accessibility is a priority for the
MSDE. Publishing this information on the website is also a valuable
accountability tool because it allows the public to demand explanations.



2.     *The proposed legislation introduces vendor accountability at the
beginning of the procurement process.* Local school systems will be
required to include in a procurement contract, for ICT or digital content,
an indemnification clause making the vendor liable if the product does not
meet the accessibility standards. The legislation clearly informs the
vendor of accessibility requirements by getting the vendors attention in
the request for  proposals or bids.



In this legislation, the local school system must require the vendor to
provide specific information of how the vendor intends to achieve
accessibility in the product or software. For instance, the legislation
will stipulate that  “Beginning on September 1, 2023, an invitation for
bids or request for proposals for a digital tool issued by the State or
County board shall require a vendor to submit an accessibility conformance
report” or Voluntary Product Accessibility Template (VPAT). The VPAT  is a
document that explains how ICT products such as software, hardware,
electronic content, and support documentation meet (conform to) the Revised
Section 508 Standards for ICT accessibility. Vendors are familiar with
VPATs since they are already required by many federal government entities.
Accessibility is less expensive and more effective if it is designed during
the initial development of ICT. Thus, requiring an  Accessibility
Conformance Report or VPAT will help the developers in the long run.

3.     *The proposed legislation enhances vendor accountability for
accessibility by creating consequences.* Currently, a vendor has no
incentive to comply with procurement accessibility requirements.
Strengthening the procurement law by providing for vendor penalties will
demonstrate the importance of the requirement to the vendor. Charging any
vendor to remediate the product so it contains nonvisual access components
will also save money for the local school systems. The proposed legislation
states that local school systems shall notify vendors of any access
barriers found upon a determination within eighteen months from procurement
or latest upgrade. The vendor will be required to remediate said barriers
at its own expense. Should that vendor fail to remediate the access barrier
within twelve months from the date of notice, a civil penalty shall be
applied. For the first offense, the fine shall not exceed $5,000. For a
subsequent offense, the fine shall not exceed $10,000. No vendor should
object to this requirement because it has a year to fix the problem before
any penalty is invoked. The vendor shall indemnify the local school system
for liability resulting from the use of information technology that does
not meet the nonvisual access standards. In the long run, such a penalty
will allow full accountability and enforcement of the contract while saving
local school systems money.



4.     *Precedent for a civil penalty against vendors for noncompliance
with accessibility laws already exists in Maryland with the enactment of
HB1088/SB286 in 2018.*    Assessing a civil penalty on vendors for
noncompliance with accessibility requirements has not had a detrimental
effect on other agencies in the executive branch of government.   The
legislature should demand the same accountability for accessible education
that it demands from the rest of the executive branch.



*CONCLUSION*



The use of inaccessible ICT and digital content by local school systems has
denied full and equal participation to blind students in K-12 education.
Although accessibility to ICT is required by state and federal laws, it
does not occur because there is no accountability or enforcement by local
school systems and the MSDE. There are no consequences for vendors who fail
to deliver accessible ICT. The proposed legislation will reduce
accessibility barriers by establishing methods of enforcement and
accountability. Blind students deserve the same opportunities for full
participation in education that are afforded to non-disabled students. This
legislation will fulfill the demand that accessibility must become a
reality. If blind students have the opportunity to obtain a quality
education, they will be able to become successful taxpayers and productive
members of society.




*Sharon Maneki, Director of Legislation and Advocacy*
National Federation of the Blind of Maryland
410-715-9596

The National Federation of the Blind of Maryland knows that blindness is
not the characteristic that defines you or your future. Everyday we raise
the expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.
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