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

Fri Sep 22 18:39:48 UTC 2023

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> From: Arielle Silverman via NABS-L <nabs-l at nfbnet.org>
> Date: September 21, 2023 at 11:16:22 AM EDT
> To: nabs-l at nfbnet.org
> Cc: Arielle Silverman <arielle71 at gmail.com>
> Subject: [NABS-L] Action alert! Submit comments on proposed regulations related to Web and app accessibility in schools
> Reply-To: National Association of Blind Students mailing list <nabs-l at nfbnet.org>
> 
> 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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