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<p class="MsoNormal">Dear National Harbor Chapter Members and Friends,<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">Join Us this Sunday for Zoom meeting January 16, 2022 to
hear From Special Speaker Sharon Maneki, Director of Legislation and Advocacy<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal">Join Zoom Meeting<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><a href="https://zoom.us/j/6248138327?pwd=eTZlYUgwR3ZQVVl1dXBLSHcrbml1QT09">https://zoom.us/j/6248138327?pwd=eTZlYUgwR3ZQVVl1dXBLSHcrbml1QT09</a>
<span></span></p>
<p class="MsoNormal">Meeting ID: 624 813 8327<span></span></p>
<p class="MsoNormal">Passcode: 63263<span></span></p>
<p class="MsoNormal">One tap mobile<span></span></p>
<p class="MsoNormal">+13017158592,,6248138327# US (Washington D.C)<span></span></p>
<p class="MsoNormal">On Tuesday January 18, 2022 we will have Sharon Maneki again
to answer questions about the two issues
and how to get involved. <span></span></p>
<p class="MsoNormal">For more details, contact Sharon Maneki, Director of
Legislation and Advocacy<span></span></p>
<p class="MsoNormal">National Federation of the Blind of Maryland<span></span></p>
<p class="MsoNormal">Phone: 410-715-9596<span></span></p>
<p class="MsoNormal">Email: <a href="mailto:nfbmdsm@gmail.com">nfbmdsm@gmail.com</a>
<span></span></p>
<p class="MsoNormal">Fact Sheet:<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"> The Accountability
Act for Accessible K-12 Education for Students with Disabilities<span></span></p>
<p class="MsoNormal">Date:
January 2022<span></span></p>
<p class="MsoNormal">THE PROBLEM<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">PROPOSED ACTION<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal">BACKGROUND<span></span></p>
<p class="MsoNormal">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?<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">BENEFITS OF THE PROPOSED LEGISLATION<span></span></p>
<p class="gmail-MsoListParagraphCxSpFirst" style="margin-left:39pt">1.<span style="font-variant-numeric:normal;font-variant-east-asian:normal;font-stretch:normal;font-size:7pt;line-height:normal;font-family:"Times New Roman"">
</span>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.<span></span></p>
<p class="gmail-MsoListParagraphCxSpLast" style="margin-left:39pt"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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. <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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. <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">CONCLUSION<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal">Below is the second issue for Annapolis. <span></span></p>
<p class="MsoNormal"> Appropriation for
the Center of Excellence in Nonvisual Access (CENA)<span></span></p>
<p class="MsoNormal">
to Education, Public Information, and Commerce<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">I.
Enhancing Access to Education Technology and Strategies<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.”<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">II.
Enhance Access to Employment-Related Tools and Services<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">III.
Offering Accessibility Boutiques and Other Training Seminars<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">IV.
Maintaining the Accessibility Switchboard and Community of Practice <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">V. Assisting with the Integration of Smart
Technologies for Accessible Cities <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">VI. Coordinating the Accessibility Inclusion
Fellowship Program<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">Conclusion<span></span></p>
<p class="MsoNormal">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.<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">Sharon Maneki, Director of Legislation and Advocacy<span></span></p>
<p class="MsoNormal">National Federation of the Blind of Maryland<span></span></p>
<p class="MsoNormal">410-715-9596<span></span></p>
<p class="MsoNormal"><a href="mailto:nfbmdsm@gmail.xom">nfbmdsm@gmail.com</a> <span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">Hope you can join us, <span></span></p>
<p class="MsoNormal">Amber Woods <span></span></p>
<p class="MsoNormal">President <span></span></p>
<p class="MsoNormal">National Harbor Chapter <span></span></p>
<p class="MsoNormal">National Federation of the Blind of Maryland <span></span></p>
<p class="MsoNormal">301-978-6686<span></span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal">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.<span></span></p>
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