[Ohio-Talk] Fw: [NABS-L] Action alert! Submit comments on proposed regulations related to Web and app accessibility in schools

Thu Sep 21 16:36:12 UTC 2023

Hello,
See the below forwarded from nabs.
Thanks.
Shane Popplestone
President of the Ohio Association of blind students
Co-chair of the ohio newsline committee
member of the Grater Akron Chapter
member of Ohio Association of Guide Dog users
spopplestone.nfb at gmail.com
234-716-2208
You can live the life you want!

------ Forwarded Message ------
>From "Arielle Silverman via NABS-L" <nabs-l at nfbnet.org>
To nabs-l at nfbnet.org
Cc "Arielle Silverman" <arielle71 at gmail.com>
Date 9/21/2023 11:15:00 AM
Subject [NABS-L] Action alert! Submit comments on proposed regulations 
related to Web and app accessibility in schools

Hello NABS,
I used to be president of NABS, and now work as the director of
research at the American Foundation for the Blind (AFB). We are urging
blind students to comment on proposed regulations related to Web and
app accessibility. Please read below and see link to the comments
submission at the bottom of this email.

Action Needed for Proposed Changes to Title II of the Americans with
Disabilities Act (ADA) Regarding Web and Mobile App Accessibility

October 3, 2023, is the deadline for comments on the Notice of
Proposed Rulemaking (NPRM) by the Department of Justice on the need to
update the regulations for Title II of the Americans with Disabilities
Act (ADA) to add more specific requirements about web and mobile
application (app) accessibility. Title II covers state and local
government entities and other public entities like public school
districts, public universities, and transit agencies that operate at
those levels. The Department of Justice is looking for individuals
like you, and your colleagues and peers, to share your experiences and
opinions on whether they should have exemptions (or loopholes) that
complicate the accessibility landscape. We need you to submit your
public comment and share this call to action with other blind
individuals.

As you know, people who are blind or have low vision regularly
interact with these entities. They attend or teach at public schools,
they use public transit and paratransit, they vote, they file business
and home construction permits, they use vocational rehabilitation
services, and so much more. By requiring all entities to bring their
websites into conformance with the Web Content Accessibility
Guidelines, we expect that people with disabilities will have
increased access to public services, programs, and information;
greater privacy; and greater independence.

However, we are deeply concerned that this rule includes exemptions
that will undermine the goals of the regulation. In order to appease
entities that are concerned about the effort involved in making
websites accessible, the Department of Justice has proposed seven
exemptions.  For example, two of the exemptions will mean that public
schools and universities have to make school-wide calendars and lunch
menus accessible but that coursework for students’ individual classes,
including third-party apps that are accessed with a unique student
login, must not be made accessible until the school is made aware that
a student with a disability or a student whose parent has a disability
is enrolled in the class. Then the school and teacher will have just 5
days to make all needed changes so that all of the coursework is
accessible. This recommendation seems reactive and unworkable for most
teachers and professors who rely on content and programs created by
other people or companies. In addition, it does not seem to be
substantially different from the status quo, where materials are often
made accessible on a student-by-student basis.

The other exemptions cover:
•	archived web content (e.g., a historical archive or many property records);
•	preexisting documents in PDF, word processing, spreadsheet, and
presentation formats (e.g., a 2023 report on the effect of the
coronavirus pandemic);
•	documents that are unique to an individual and accessed with a
password (e.g. utility bills or tax records);
•	information posted by third parties (e.g., public comment
submissions or student discussion boards); and
•	third-party content linked to by the public entity (e.g., any
content linked to by a local tourism agency).

Information to Consider When Drafting Your Comment

In your comment, you should say that website and app accessibility is
important to you and your children, students or clients (if you have
them). The department will be hearing a lot about how hard it will be
to make websites accessible and that the return on investment is not
worth it. Give the department information that they can use to support
the strongest possible regulation.

Remember the ADA's four primary goals include full participation,
equal opportunity, independent living, and economic self-sufficiency.
Consider articulating that the education exemptions create real
problems for students and staff who work with them. Consider
underscoring that it would be less confusing and complicated if
schools simply had to utilize accessible web and app content
universally instead of following these proposed complex and unfeasible
exemptions.

They want to hear the benefits of web accessibility and examples of
situations in which accessibility matters. If you can quantify the
benefits, that is even better. For example, it might take students 2
months or more to receive an accessible version of a digital textbook,
so it would be better for the publisher to create an accessible
version for all students and for the school or professor to select a
curriculum that is most accessible. Or you might talk about the
benefits of allowing parents who are blind or have low vision to spend
more time supporting their kids with schoolwork rather than
troubleshooting accessibility issues. Draw on your own experiences
when describing why web accessibility is important.

You can also imagine a situation in which all digital tools and
applications in local government and local education environments were
accessible. What would the result of this accessibility be? How would
accessible tools and applications benefit professors, teachers,
parents, and students with visual impairments?

In preparing your comment, we suggest that you write in support of a
rule that requires state and local government websites and apps to be
accessible without exemptions and to answer these questions:
•	Share your experience as a person who is blind or has low vision, or
as a family member to these individuals.
•	What has been your experience with inaccessible state and local
government entity websites and apps, including those used in schools?
Is it hard to get help with or to fix an inaccessible site or app on a
case by case basis? Describe some challenges.
•	Why does a good regulation matter? Will it save you or your loved
ones time, energy, frustration, or money?
•	How would outcomes for students (or people with disabilities
generally) be different if these websites and apps were accessible by
default?

How to Submit Your Comment

You can submit comments through October 3, 2023 by going to
Regulations.gov
(https://www.regulations.gov/document/DOJ-CRT-2023-0007-0001/).

You can also mail your comments at Disability Rights Section, Civil
Rights Division, U.S. Department of Justice, P.O. Box 440528,
Somerville, MA 02144. Electronic comments are preferred, though.

If you need information in an alternative format, you can call the ADA
Information Line at (800) 514-0301 (voice) or 1-833-610-1264 (TTY).

Additional Information

Fact Sheet
https://www.ada.gov/notices/2023/07/20/web-nprm/

PDF of the NPRM
https://www.ada.gov/assets/_pdfs/web-accessibility-NPRM.pdf

PDF of the PRIA
https://www.ada.gov/assets/_pdfs/web-pria.pdf

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