[nfbmi-talk] Fw: these things should be on our list serve
drob1946 at gmail.com
Thu Nov 12 15:43:44 UTC 2015
----- Original Message -----
From: joe harcz Comcast
To: David Robinson NFB MI
Cc: terry Eagle ; Mark Eagle ; Larry Posont NFBMI Pres. ; Michael Powell ; J.J. Meddaugh NFB MI ; Fred wurtzel ; mary wurtzel ; Derek Moore ; Mary Ann Robinson NFB MI ; Mary JacksonFANFB ; Jeff Crouch- k8tvv ; Georgia Kitchen FANFB ; Lydia Anne Schuck NFB MI
Sent: Thursday, November 12, 2015 9:16 AM
Subject: these things should be on our list serve
Please see the attached agreement in toto between the Michigan Department of Education and the Office of Civil Rights. For those of us who are blind this is significant and shows the utter lie that state of Michigan web sites and content are accessible to us. In fact denote the referance to Executive Directive 2014-1 which states that the Department of Technology Management and Budget are still working on it.
Also note my battles with DHHS and BSBP in these regards as well as the alternate format issue, another provision of the ADA and Section 504.
Finally note the ongoing work of Terry Eagle in regards as to the inaccessible features of state employment sites including those related to civil service employment.
These were just some of the issues that Federationists were protesting on September 17, 2015 for the promises of the ADA and 504 still are not fulfilled for us even after 25 years and 40 years plus respectively.
These are the issues that NFB of Michigan should be working on if we are to live up to our constitutional obligations and if we are really committed to the betterment of all of Michigan’s blind people in every aspect of our lives. We cannot live the lives we want if access is denied at every turn.
Who is patient no more....
Michigan Department of Education
Voluntary Resolution Agreement
OCR Docket #15-14-1110
The Michigan Department of Education (MDE) voluntarily submits this Resolution Agreement
(Agreement) to the U.S. Department of Education, Office for Civil Rights (OCR), for the purpose of
resolving the above-referenced complaint alleging violation of Section 504 of the
Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation at 34
C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C.
§ 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.
Both MDE and the State of Michigan recognize the importance of ensuring their websites are
accessible to those with disabilities. Under Executive Directive 2014-1, the State of Michigan is
developing a long term strategy and plan for accessibility of all its documents, websites, and other
printed materials. As such, to resolve the above-referenced complaint, MDE voluntarily assures OCR
that it will take the actions detailed below (the Agreement). If MDE determines that it is unable to
fulfill the terms of this Agreement, MDE will provide written notification to OCR. OCR will address
any implementation problems or related modification of this agreement in accordance with OCR's
Case Processing Manual. By making these assurances, MDE makes no admissions of any violations
of accessibility laws.
• "Accessible" as used in this Agreement means a person with a disability is afforded the
opportunity to acquire the same information, engage in the same interactions, and enjoy the
same services as a person without a disability in an equally effective and equally integrated
manner, with substantially equivalent ease of use. A person with a disability must be able to
obtain the information as fully, equally, and independently as a person without a disability.
Although this might not result in identical ease of use compared to that of persons without
disabilities, it still must ensure equal opportunity to the benefits and opportunities afforded
by the technology and equal treatment in the use of such technology.
• "Days" as used in this Agreement means calendar days.
• "MDE web pages" as used in this Agreement means pages hosting or providing content for
MDE on the website michigan.gov and state.mi.us web pages. "MDE web pages" do not
include websites, applications, or content not owned and controlled by the State of Michigan.
1. Notice of Nondiscrimination and Section 504/Title II Coordinator
Within 30 days of the Effective Date of this Agreement, MDE will submit to OCR a notice of
nondiscrimination to notify visitors to MDE web pages that MDE does not discriminate on the
basis of disability (the Notice).
a. MDE may comply with item 1 by using the language set out in OCR's August 2010
publication, "Notice of Nondiscrimination." The notice may be combined with
other required notices concerning non-discrimination based on sex, race, national
origin, color, and age as described in that publication. The Notice may be
combined with other State of Michigan notices pertaining to non-discrimination.
b. The Notice will identify the person designated to ensure MDE's compliance with
Section 504 and Title II. If MDE has designated a different person to ensure its
compliance regarding its website, the Notice will identify its Section 504/Title II
coordinator for web accessibility (MDE Website Accessibility Coordinator),
including his or her: (1) name; (2) position or title; (3) office address; (4) telephone
number; and (5) e-mail address.
c. The Notice will be included in any new materials or other publications containing
general information that MDE publishes and makes available to members of the
public, employees, or others in written form or through MDE's website. Until the
next date of regularly scheduled reprinting of published materials, electronic means
may be used to provide the required notice. In addition, the Notice will be in a readily
available position(s) on the MDE website, and accessible to persons with visual,
hearing, or manual impairments or who otherwise require the use of assistive
technology to access information. MDE may incorporate the Notice
with a similar State of Michigan notice but must still make the incorporated notice readily
available on the MDE website.
• Within 30 days of the Effective Date of this Agreement, MDE will submit to
OCR for review a draft Notice consistent with item 1 above.
• Within 15 days of OCR's approval of the Notice, MDE will publish within the
footer of MDE web pages the Notice or a link to the location of the State of
Michigan combined notice and will notify OCR that item 1 has been completed.
2. Web Accessibility Policy
Within 90 days of the Effective Date of this Agreement, MDE will submit to OCR for review
and approval a website accessibility policy communicating MDE's commitment to making
information provided on its web pages accessible, including all elements of web pages erected
regarding the rule promulgation process, to visitors with disabilities, particularly those with
visual, hearing, or manual impairments or who otherwise require the use of assistive technology
to access information (MDE Web Accessibility Policy). The MDE Web Accessibility Policy
may be the same as or incorporate the State of Michigan's web accessibility policy, so long as it
meets the requirements identified below. The MDE Web Accessibility Policy will, at
a. include the Notice identified in item 1 above;
b. identify the specific technical standard MDE will use to determine whether MDE
web pages are accessible, which may be W3C's Web Content Accessibility
Guidelines (WCAG) or other generally accepted accessibility technical
c. inform website visitors that they may request accommodations regarding a
specific web page or element, report violations of the technical standards, file a
formal complaint, and contact the applicable web accessibility coordinator with
d. identify the responsibilities of and include a link to contact information for the
MDE Website Accessibility Coordinator, including his or her: (1) role; (2)
position or title; (3) office address; (4) telephone number; and (5) e-mail address.
If the person serving in this capacity is the State of Michigan's Website
Accessibility Coordinator, the policy will include the same contact information
for this individual; and
e. inform website visitors that MDE will develop a plan (pursuant to item 3, below)
to ensure that the MDE Web Accessibility Policy is being implemented and
provide information about how a visitor may request a copy of the plan.
• Within 90 days of the Effective Date of this Agreement, MDE will submit to
OCR for review and approval the MDE Web Accessibility Policy consistent with
item 2 above.
• Within 30 days of notification that OCR has approved the Policy, MDE will
provide documentation to OCR that it has published the MDE Web Accessibility
Policy. Documentation shall include the URL for the location of the MDE Web
3. MDE Web Accessibility Plan
Within 90 days of the Effective Date of this Agreement, MDE will submit to OCR for review
and approval an implementation and remediation plan (Web Accessibility Plan) to foster
adherence with the MDE Web Accessibility Policy. The Web Accessibility Plan may be the
same as or incorporate the State of Michigan's web accessibility plan. The Web
Accessibility Plan will, at minimum, provide for:
1 This Agreement does not imply that conformity with Section 508, WCAG, and/or other electronic
and information technology standard is either required or sufficient to comply with the requirements
of either Section 504 or Title II. The technical standard(s) serve only as guidance with respect to
whether the MDE website is accessible.
a. An implementation plan that will lay out a procedure to ensure that going
forward all information presented on MOE web pages, including content
provided or developed internally and by third-party contractors, is
i. This procedure should direct administrators and staff to consider
whether web pages provided or developed internally and by third
parties will ensure equal opportunity to the benefits and
opportunities afforded by the technology and equal treatment in
the use of such technology and identify a process for review of
both internal and third-party-generated material or content prior to
setting such content live on the MOE website.
ii. This procedure will provide for accessibility reviews using
industry standard web accessibility tools at regular, defined
intervals to measure MDE's web pages against the technical
standards adopted in the MOE Web Accessibility Policy.
Problems identified through accessibility reviews will be
documented, evaluated, and, if necessary, remediated within a
specific period of time designated by the plan. The Web
Accessibility Plan may provide for exceptions to this review
requirement for static content and web applications that met the
adopted technical standards at initial publication and have not
substantially changed since then. MOE will maintain
documentation of any such excepted content or applications.
iii. This procedure will provide for initial and annual training for
MDE content editors responsible for creating or distributing
information via the MDE website to site visitors with disabilities,
as well as the individuals responsible under item 3(b) below for
completing the audit and implementing the remediation plan. The
training will include, but not be limited to, training on the MDE
Web Accessibility Policy, the Web Accessibility Plan, and their
roles and responsibilities to ensure that web design, documents,
and multimedia content are accessible. The training will be
facilitated, in whole or in part, by an individual with sufficient
knowledge, skill, and experience to understand and employ the
technical standards adopted by MDE.
b. A remediation plan that will lay out a procedure for identifying
existing inaccessible content and establishing priorities for rendering
existing content accessible.
I. This procedure will provide for MDE to complete an initial audit,
through which MDE will examine whether information provided
through all MDE web pages is currently accessible. MOE will
document the results of the audit and develop a corrective action plan
based on the audit findings that includes relevant timeframes for
completion based upon the prioritization schedule for remediation
outlined in the Web Accessibility Plan.
ii. This procedure will provide for initial and annual training for any individuals
tasked with remediation responsibilities under item 3(b), to cover the MDE
Web Accessibility Policy, the Web Accessibility Plan, and their roles and
responsibilities to ensure that web design, documents, and multimedia content
are accessible. The training will be facilitated, in whole or in part, by an
individual with sufficient knowledge, skill, and experience to understand and
employ the technical standards adopted by MDE.
• Within 90 days of the Effective Date of this Agreement, MDE will submit to OCR
for review and approval the Web Accessibility Plan consistent with item 3 above.
• Within 60 days of notification that OCR has approved the relevant portions of the
Plan (i.e., item 3(a) "implementation plan" or item 3(b) "remediation plan"), MDE
will provide OCR documentation that it has provided the initial training as described
above. Documentation shall include the name( s) and credentials of the person(s)
conducting the training; a list of individuals, by name and title, who attended the
training; and a copy of any training materials (e.g., pamphlets, presentation
• Within 60 days of notification that OCR has approved the Plan, MDE will provide
documentation to OCR that it has begun to implement the Web Accessibility
Plan. Documentation shall include a copy of the audit report developed pursuant to
the initial audit conducted under the Plan and documentation of the remediation plan
and any responsive remediation completed.
• By June 15, 2016, MDE will provide OCR with a report describing its efforts for the
remainder of the 2015 and 2016 fiscal years to comply with its Web Accessibility
Policy and Web Accessibility Plan, including information documenting any
compliance issues discovered through the monitoring, audits, or complaints and the
actions taken to correct those issues. Documentation of any MDE web pages
pertaining to rule promulgation, audits of such pages, and any corrective actions taken
to ensure accessibility should be included.
4. Verification of Website Accessibility
By June 15, 2017, MDE will ensure that its website is accessible to individuals with disabilities,
particularly individuals with visual, hearing, or manual impairments or who otherwise require
the use of assistive technology to access the website.
• By June 15, 2017, MDE will provide OCR with certification that its website meets
the technical requirements adopted in the MDE Accessibility Policy. The
certification may be obtained from a third-party web accessibility consultant or an
employee of MDE with sufficient knowledge, skill, and experience to understand
and employ the technical standard(s) adopted by MDE. MDE will also provide
OCR with the bases for this certification.
MDE understands that OCR will not close the monitoring of this Agreement until OCR
determines that MDE has fulfilled the terms of this Agreement and is in compliance with Section
504 and its implementing regulation at 34 C.F.R. §§ 104.4 and 104.8, and Title II and its
implementing regulation at 28 C.F.R. §§ 35.106, 35.130, and 35.160, which were at issue in this
MDE understands that, by signing this Agreement, it agrees to provide data and other
information in a timely manner. Further, MDE understands that during the monitoring of this
Agreement OCR may visit MDE, interview staff, and request such additional reports or data as
are necessary for OCR to determine whether MDE has fulfilled the terms of this Agreement and
is in compliance with Section 504 and its implementing regulation at 34 C.F.R. §§ 104.4 and
104.8, and Title II and its implementing regulation at 28 C.F.R. §§ 35.106, 35.130, and 35.160.
MDE understands and acknowledges that OCR may initiate administrative enforcement or
judicial proceedings to enforce the specific terms and obligations of this Agreement. Before
initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10) or judicial proceedings to
enforce this Agreement, OCR shall give MDE written notice of the alleged breach and a
minimum of sixty (60) calendar days to cure the alleged breach.
MDE Superintendent of
Public Instruction or Designee
Date (Effective Date of Agreement)
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