[Nfbmt] REPUBLICAN BLITZ FOR TEACH ACT

[Bruce&Joy Breslauer]

Below you will find a collage of recent higher education disability lawsuits 
filed against universities, which will show how widespread and endemic this 
problem of accessible higher education is, and how much the TEACH Act is 
needed.

Higher Ed Accessibility Lawsuits
Disability rights organizations and students with disabilities have filed 
lawsuits against numerous universities and colleges in the recent past.
Collage of Universities that have faced litigation

During the past five years inaccessible Information Technology (IT) has 
increasingly impacted higher education. Louisiana Tech, South Carolina 
Technical College System, University of Montana, Florida State University, 
Northwestern University, New York University, Penn State University, Law 
School Admissions Council, Arizona State, Princeton, Reed, Pace, Darden School 
of Business, and Case Western have all faced litigation for inaccessible Web 
content and technologies.

Typical Scenario
A typical scenario involves a university relying on a Web-based content 
management system or a collaboration technology (such as Google Docs) or 
providing course material. A disability rights organization or student then 
finds it inaccessible and segregating. Subsequently they file suit.

In this common case as the investigation progresses, it grows into a 
campus-wide comprehensive review of accessibility. Ultimately, the university 
agrees to terms much broader than the initial complaint and commits to a 
campus-wide review of all technologies that may impact people with 
disabilities, including fixing all of its Web material (to comply with WCAG 
2.0 level AA). The university must also agree to a strong policy statement for 
accessibility as well as training for employees. Lastly, the institution must 
agree to purchase only accessible IT to ensure that future technology is 
accessible.

What is "Accessible"?
"Accessible" 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. The 
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 educational 
benefits and opportunities afforded by the technology and equal treatment in 
the use of such technology.
Source: Resolution Agreement South Carolina Technical College System OCR 
Compliance Review No. 11-11-600 - Department of Justice and the Department of 
Education's Office for Civil Rights
Higher Education Litigation Timeline

2013 Louisiana Tech Inaccessibility of course materials . Justice Department 
Settles with Louisiana Tech University Over Inaccessible Course Materials - 
justice.gov
. Louisiana Tech U. Settles With U.S. Over Claims That It Violated 
Disabilities Act - Nick DeSantis
.Louisiana Tech University Concerning Inaccessible Course Materials - 
Ahead.org

2013 South Carolina Technical College System Inaccessibility of Web sites . 
Civil Rights Agreement Reached with South Carolina Technical College System on 
Accessibility of Web sites to People with Disabilities

2012 University of Montana Inaccessibility of Web content and services (class 
assignments, live chat and discussion board, videos without captions, and an 
inaccessible registration system.) . Disabled UM Students File Complaint Over 
Inaccessible Online Courses - Keula Spalle

2012 Florida State University Inaccessibility of E-Learning . $150,000 
Settlement Reached in Blind Florida State Students' E-Learning Suit - Marc 
Parry
. Blind Florida State U. Students Sue Over E-Learning Systems - Jie Jenny Zou
. Blind Students Sue Florida State University over Inaccessible Math Courses - 
Steve Noble
.Florida State University Resolves Litigation with Students - National 
Federation of the Blind
. Two Students Sue FSU Over Access for Blind - Kimberly Charles

2011 Northwestern University Inaccessibility of Google Apps.
 (While Google is working to make its platform more accessible, it has yet to 
complete this task. For barriers consult Google Apps.) . Adoption of Google 
Apps Program Discriminates Against the Blind - National Federation of the 
Blind of Greater Louisville
. As Schools Shift to Google Apps, Blind Students Object - Mark Jaycox
. Colleges Discriminate Against the Blind With Google Apps, Advocates Say - 
Marc Parry
. Exclusion of Google Docs Avoids ADA Challenges - Columbia Spectator
. Google Apps Inaccessible To Blind Students
. NFB: Google Apps Accessibility Not There Yet - Jarret Cummings
.  NFB Google Apps Concerns Continue - Jarret Cummings ? Google Response on 
NFB Google Apps Concerns - Jarret Cummings

2011 New York University Inaccessibility of Google Apps
 (While Google is working to make its platform more accessible, it has yet to 
complete this task. For barriers consult Google Apps.) . Adoption of Google 
Apps Program Discriminates Against the Blind - National Federation of the 
Blind of Greater Louisville
. As Schools Shift to Google Apps, Blind Students Object - Mark Jaycox
. Colleges Discriminate Against the Blind With Google Apps, Advocates Say - 
Marc Parry
. Exclusion of Google Docs Avoids ADA Challenges - Columbia Spectator
. Google Apps Inaccessible To Blind Students
. NFB: Google Apps Accessibility Not There Yet - Jarret Cummings
.  NFB Google Apps Concerns Continue - Jarret Cummings ? Google Response on 
NFB Google Apps Concerns - Jarret Cummings

2010 Penn State University Inaccessibility of Web site and course materials . 
Compliant Filed Against Penn State Regarding Web Accessibility - Michael 
Fienen
.Complaint Filed Against Penn State University for Inaccessible Technologies - 
Coalition of Organizations for Accessible Technology
. Penn State Accused of Discriminating Against Blind Students - Marc Parry
. NFB and Penn State Resolve U.S. Dept. of Justice Civil Rights Complaint - 
Educause
.Settlement Between Penn State University and National Federation of the 
Blind - Pennsylvania State University
. Will Penn State be the Next Test Case? - John Eric Brandt

2009 Law School Admissions Council Inaccessibility of Web content and LSAT 
preparation materials.
 (Settlement included an agreement to make Web content and services conform to 
WCAG 2.0 AA within 5 months.) . Blind Students Sue Over Online Law School 
Applications - Adrian Rosell
. Blind Students Sue Law Schools Over Online Applications - Sophia Li
. LSAC Inaccessible Web Lawsuit - Cynthia Waddell

2009 Arizona State, Princeton, Reed, Pace, Darden School of Business and Case 
Western Inaccessibility of Kindle textbook technology . Advocates for the 
Blind Sue Arizona State U. Over Kindle Use - Marc Beja
. Colleges Lock Out Blind Students Online - Marc Parry
. Lawsuit Over Kindle Navigation by Visually Impaired Settled - Jacqui Cheng

There is also an article in The Missoulian from 2012 which brings this issue 
home to our state.

http://missoulian.com/news/local/disabled-um-students-file-complaint-over-inaccessible-online-courses-article_d02c27ac-0145-11e2-bc26-001a4bcf887a.html

Contact Congressman Steve Daines at www.daines.house.gov
There is an e-mail form you can fill out and send from the web site.  Joy

From: Nfbnet-members-list [mailto:nfbnet-members-list-bounces at nfbnet.org] On 
Behalf Of McLarney, Lauren via Nfbnet-members-list
Sent: Friday, June 06, 2014 7:04 PM
To: nfbnet-members-list at nfbnet.org
Subject: [Nfbnet-members-list] REPUBLICAN BLITZ FOR TEACH ACT




Hi Friends,

Next week, we need everyone to mobilize for the TEACH Act! From Monday through 
Friday, we will run a Republican Blitz, where everybody contacts the 
Republican members of Congress from their state delegation and urges them to 
cosponsor the TEACH Act, H.R. 3505 and S. 2060. The goal is to get a huge 
influx of cosponsors.

This is a pivotal time. The TEACH Act is non-controversial, but the upcoming 
elections will limit our opportunities to pass the bill this Congress. We 
truly believe this bill has a chance, so we are going to take a real shot at 
trying to get this done. Consequently, we're planning an important meeting 
with a higher education association to bring the schools on board, and then 
plan to meet with the Chairman of the Education and Workforce Committee to 
explore about our options. We want to go into that meeting with the most 
cosponsors as possible, particularly from the majority party. Currently, H.R. 
3505 has forty-two, with fifteen Republicans, twenty-seven Democrats.
If we can get thirteen more Republicans we will be at fifty-five cosponsors 
and have an almost-even twenty-eight/twenty-seven breakdown. S. 2060 just got 
two new cosponsors, Senators Bennet and Ayotte. We are at an even two and two 
(for a total of four) and even though the Democrats are the majority party in 
the Senate, we already have a few waiting in the wings. We want to keep it 
even and won't send them on until we secure a few more Republicans.
Let's build on this momentum!

A few things to note:
1)      This is a BLITZ. That means we need lots of people to send lots of
emails, not just one or two people. Even if it's not your member of Congress, 
if they are a Republican in your state delegation, email them!
Let's make it a digital version of the Washington Seminar, but just limited to 
the Republican offices.
2)      Send your correspondence to the education staffer. If you don't know
who the education staffer is, just call the office and ask, or shoot me an 
email.
3)      Know your audience. Some things are universal to advocacy, like
telling your personal story and explaining what the bill does, but the points 
you emphasize to a Democrat might not be the best points to emphasize to a 
Republican. For the TEACH Act, it's best to emphasize how the guidelines are 
voluntary, that we are trying to help schools better comply with the law and 
avoid litigation, which in turn helps blind students, and that the industry 
supports the bill.
4)      Personalize your letters. Offices know a block/form letter when they
see one. I've provided a sample letter below, but please make edits before 
sending. If you're from a state where a particular school has faced a lawsuit 
related to this, add it in. If another Republican from your state has 
cosponsored, mention it.
5)      Feel free to tweet or call, but in addition to emails rather than as
a substitute. Some sample tweets: "Blind students need access to materials, 
help spur the market! Cosponsor the #TEACHAct" or "Blind students are being 
left behind and schools are being sued. The #TEACHAct is an easy fix. Will you 
cosponsor?" or "When blind students get to college, we need books.
Publishers support the #TEACHAct, do you?" or "Congressman X and Congressman X 
have cosponsored the #TEACHAct. Join your delegation!" or even "Support Mr. 
Petri before he retires by cosponsoring #TEACHAct, a bill that improves access 
for the blind in higher ed!"

I'll be sending out reminders periodically next week. I hope everyone can help 
us reach our goal and we can increase the chances of passing the TEACH Act. 
Let's face it, not only is the bill non-controversial, but blind students 
cannot afford to wait. Thanks guys!

Cheers,
Lauren

Sample letter:

Hello [Education Staffer's first name],

I am writing on behalf of the National Federation of the Blind of [your 
affiliate]. We last met with your office in January to discuss our legislative 
agenda, and one of those bills was the Technology, Education and Accessibility 
in College and Higher Education (TEACH) Act, H.R. 3505/S.2060.
It has been a few months so I wanted to circle back and ask that 
Congressman/Congresswoman [Name] will come on as a cosponsor. The bill is 
non-controversial and bipartisan - can we count on [his/her] support?

A quick reminder: Inaccessible educational technology is creating profound 
barriers to education for students with disabilities. The TEACH Act authorizes 
the creation of voluntary accessibility guidelines for instructional material 
so that those materials are usable by students with print disabilities, and 
then incentivizes schools to use technology that conforms to the guidelines 
with a safe harbor from litigation. The goal of the guidelines is to 
facilitate the equal access mandates that require schools to use accessible 
materials by stimulating the creation of a viable digital marketplace. By 
facilitating the national mandate and the national market, we can provide 
equal access for blind students without infringing on states' rights. This 
bill is appealing to those on both sides of the aisle, is endorsed by a major 
industry group, and is supported by data from a Congressionally-authorized 
study. The TEACH Act does not create any new liability for schools or create 
any mandates on technology companies, and reduces costs and litigation while 
still making systemic change for blind students. [H.R. 3505/S. 2060] is 
sponsored by [Tom Petri in the House/our Republican leader is Orrin Hatch] - 
will your boss join them as a cosponsor?


Over 160,000 people, many from our state, have signed this petition on 
Change.org, 
http://www.change.org/petitions/pass-teach-act-equal-access-to-educational-m
aterials-for-students-with-disabilities , showing widespread support for this 
modest approach to a disgraceful problem. Blind students can't afford to wait, 
so please let me know if there are questions. For more information, please 
visit https://nfb.org/TEACH . Thanks, hope to hear from you!

Sincerely,
[Your name]


Lauren McLarney
Government Affairs Specialist
National Federation of the Blind
200 East Wells Street
Baltimore, MD 21230
410.659.9314 ext. 2207
LMcLarney at nfb.org

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