[NationalHarbor] Sunday Zoom and Tuesday Call special Meeting January 16 and @7:30pm, January 18 @ 4pm- 5 pm

[Amber Woods]

Dear National Harbor Chapter Members and Friends,



Join Us this Sunday for Zoom meeting January 16, 2022 to hear From Special
Speaker Sharon Maneki, Director of Legislation and Advocacy

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.

Join Zoom Meeting



https://zoom.us/j/6248138327?pwd=eTZlYUgwR3ZQVVl1dXBLSHcrbml1QT09

Meeting ID: 624 813 8327

Passcode: 63263

One tap mobile

+13017158592,,6248138327# US (Washington D.C)

On Tuesday January 18, 2022 we will have Sharon Maneki again to answer
 questions about the two issues and how to get involved.

For more details, contact Sharon Maneki, Director of Legislation and
Advocacy

National Federation of the Blind of Maryland

Phone: 410-715-9596

Email: nfbmdsm at gmail.com

Fact Sheet:

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

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

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.

Below is the second issue for Annapolis.

   Appropriation for the Center of Excellence in Nonvisual Access (CENA)

                            to Education, Public Information, and Commerce



Proposed Action: The Maryland General Assembly should keep the $250,000
appropriation in the Governor’s Budget for the CENA to Education, Public
Information, and Commerce.

Background: In 2014, the National Federation of the Blind (NFB) founded the
NFB Center of Excellence in Nonvisual Access (CENA). The CENA is a center
of expertise, best practices, and resources that enables business,
government, and educational institutions to more effectively provide
accessible information and services to blind citizens. The State of
Maryland, through the Maryland Department of Disabilities (MDOD), partners
with the CENA to support a series of projects under the Nonvisual
Accessibility Initiative (NVAI) maintaining the State of Maryland as an
ongoing leader in nonvisual accessibility.







The public-private partnership between the NFB CENA and MDOD (CENA/MDOD)
has improved the standard of accessibility throughout the state, and
through the development and implementation of a variety of projects within
the following six focus areas, we will continue to build a more accessible
Maryland.







I.                    Enhancing Access to Education Technology and
Strategies



Inaccessible instructional materials prevent blind and low-vision students
from accessing the fundamental tools of education, leaving them woefully
unprepared for their futures. The problem with the lack of accessibility to
education technology has been exacerbated during the COVID crisis and
created significant problems in the provision of effective virtual
instruction to Maryland’s blind and low-vision students. Under the NVAI the
CENA/MDOD has worked diligently to identify accessible education
technology, while seeking to work with developers to make other education
technologies nonvisually accessible. In the coming year, through the NVAI,
the NFB will continue to address the lack of accessible education
technology, digital publications, and instructional materials by conducting
trainings on tools, strategies, and best practices in the creation and
dissemination of tools that are “born accessible.”







II.                   Enhance Access to Employment-Related Tools and
Services



The unemployment/underemployment rate for blind people in this country
continues to exceed 70 percent, and the need to utilize more online,
digital, and virtual means of providing employment services and supports
has created both problems and opportunities. Under the NVAI, the CENA/MDOD
will continue to work in coordination with the Maryland state Department of
Labor and Division of Rehabilitation Services to develop and implement the
training and tools that will enhance access to the network of employment
systems and services available through the American Job Centers. In
addition, the NFB will conduct outreach to employers in an effort to
provide them with the training and support required to eliminate the
employment barriers faced by blind and low-vision Maryland citizens.







III.                 Offering Accessibility Boutiques and Other Training
Seminars



Accessibility Boutiques are one- to two-hour basic overviews/trainings
designed to create public awareness about accessible software, products,
services, and strategies. Quarterly Trainings are half-day trainings that
offer a more substantive training experience to the participants and
address major issues related to nonvisual accessibility. The CENA/MDOD will
continue to offer Accessibility Boutiques and Quarterly Trainings, at no
cost to Maryland citizens, on topics that assist both laymen and
professionals to remain knowledgeable of the evolving tools, strategies,
and best practices to build a more accessible Maryland.







IV.                Maintaining the Accessibility Switchboard and Community
of Practice



The NFB will continue to develop and market the Accessibility Switchboard,
a dynamic online portal consisting of an accessibility information resource
for consumers and a compliance information portal for organizations. This
work will be informed by the Accessibility Community of Practice, a
volunteer group of accessibility experts from educational institutions,
corporations, and the public sector.







V.                  Assisting with the Integration of Smart Technologies
for Accessible Cities



The development and implementation of accessible, safe, affordable,
efficient transportation allows blind and low-vision Maryland citizens to
independently travel throughout their communities. In addition, emerging
nonvisual access navigation or wayfinding technologies facilitate
independent access to a variety of public and commercial venues, including
college campuses, public and commercial buildings, and other environments.
In order to promote the integration of innovative technologies and
strategies toward the creation of accessible cities, the CENA/MDOD will
continue to participate in meetings and establish partnerships with
technology developers and city planners in the evaluation and
implementation of various transportation and wayfinding strategies. Our
active involvement will assist in the integration of accessibility features
throughout public spaces that are seamless and esthetically pleasing.







VI.                Coordinating the Accessibility Inclusion Fellowship
Program



The “Final Report of the Study on Accessibility Concepts in Computer
Science, Information Systems and Information Technology Programs in Higher
Education” recommended that three annual fellowships be awarded to help
instructors begin to include accessibility concepts contained within the
minimum areas of instruction in at least one course offering in their
institution. The CENA/MDOD has offered these fellowships for three years,
and will continue to recruit and support an additional cohort in the coming
year.







Conclusion

Access to information remains one of the greatest barriers faced by blind
persons. The public-private partnership between the NFB CENA and MDOD
(CENA/MDOD) has proven to be an effective method of removing these barriers
by providing information about best practices and developing innovative
techniques for achieving nonvisual access. The Maryland General Assembly
should allow this state-of-the-art program to continue by approving the
$250,000 appropriation in the Governor’s Budget under the Maryland
Department of Disabilities.



Sharon Maneki, Director of Legislation and Advocacy

National Federation of the Blind of Maryland

410-715-9596

nfbmdsm at gmail.com <nfbmdsm at gmail.xom>



Hope you can join us,

Amber Woods

President

National Harbor Chapter

National Federation of the Blind of Maryland

301-978-6686



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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