Ensuring emerging classroom technologies are ADA compliant Technology such as e-book readers requires accommodations for visually impaired By Alison Carrinski


E


merging technologies, such as e-book readers, seem to be everywhere and growing in numbers. E-book readers offer students the ability to download books instanta- neously and carry hundreds of books on a hand-held de-


vice. But given that some e-book readers do not have text-to-speech functionality or Braille displays, what should a school or commu- nity college consider before introducing this type of emerging tech- nology into classrooms? Schools and community colleges must comply with Section 504


of the Rehabilitation Act of 1973 and the Americans with Disabili- ties Act when introducing any emerging technology, including e- book readers, into classrooms.


Considering visually impaired students One year ago, the U.S. Departments of Education and Justice


issued a “Dear Colleague Letter” that sums up the issue of com- pliance as follows: “Requiring use of an emerging technology in a classroom environment when the technology is inaccessible to an entire population of individuals with disabilities – individuals with visual disabilities – is discrimination prohibited by the [ADA and Section 504] unless those individuals are provided accommodations or modifications that permit them to receive all the educational ben- efits provided by the technology in an equally effective and equally integrated manner.” In follow up to questions from this original “Dear Colleague Let-


ter,” the DOE recently issued additional guidance with some practi- cal tips on how to ensure that emerging technologies are accessible, or can be made accessible, to students with disabilities. For example, may a school or community college that makes e-book readers avail- able to students provide traditional alternative media, such as print books, as an appropriate accommodation under the ADA and Sec- tion 504? Probably not, because any alternative media for visually- impaired students must provide access to the benefits of technology that other students receive in an equally effective and equally inte- grated manner. However, schools do not always need to provide visually-im- paired students with the same form of emerging technology that it


12 Leadership


provides to other students. For example, take a school library that makes e-book readers available for students to loan. To comply with Section 504 and the ADA, the library may provide access to the same educational benefits by providing students tablet computers that can access the same electronic books and have text-to-speech func- tionality.


Finding alternatives As another example, a high school teacher may want to incorpo-


rate video clips into an online homework assignment, but is unable to include audio in the video clips. To accommodate visually impaired stu- dents appropriately, the teacher could create audio clips that describe the corresponding video clips that are ac- cessible by students using screen read- ers. In this case, the teacher may need to provide additional time for students using screen readers to complete as- signments or tests.


When considering whether and how to use emerging technolo-


gies in the classroom, determine whether the technology is accessi- ble to all students and, if not, what alternatives exist that will provide the same access to educational benefits in an equally effective and integrated manner. n


References


www.dol.gov/oasam/regs/statutes/sec504.htm. www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105. pdf.


www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629. pdf.


Alison Carrinski (acarrinski@lcwlegal.com) is an associate with the San Francisco office of Liebert Cassidy Whitmore, a full-service education (including business and facilities), labor and employment law firm representing California school districts.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40