[nfbmi-talk] Fw: these things should be on our list serve

[David Robinson]

----- 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


Colleagues,

 

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.

 

 

Joe Harcz



Who is patient no more....



 

Attachment:

 

 

      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. 

 Definitions 

• "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. 

 REPORTING REQUIREMENTS: 

 • 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 

minimum: 

 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 

standards1; 

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 

accessibility concerns; 

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. 

 REPORTING REQUIREMENTS: 

• 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 

Accessibility Policy. 

 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 

accessible. 

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. 

  REPORTING REQUIREMENTS: 

• 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 

materials). 

• 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. 

 REPORTING REQUIREMENTS: 

 • 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. 

 General Requirements 

 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 

complaint. 

 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. 

 /s/ 

MDE Superintendent of 

Public Instruction or Designee 

06/05/15 

Date (Effective Date of Agreement)