Universities face liability if their web content is inaccessible. As college campuses adopt new technologies and make their communication increasingly digital, disability rights advocates fight to ensure students with disabilities aren’t left behind. Navigating the complex legal landscape isn’t easy, and many schools aren’t aware of their unintentional violations. View these slides to make sure your college website complies with sections 504 and 508 of the Rehabilitation Act, and that you can extend full web and IT access to every student. Learn more about HiSoftware & Percussion's recent partnership announcement: http://www.percussion.com/about/news-and-events/press-releases/2014/hisoftware-and-percussion-announce-partnership

1. Web Accessibility in Higher Education
Why it Matters andWhatYou Have to Do
Ken Nakata, JD, CIPP/US
HiSoftware

2. About Ken Nakata
• Director,Accessibility Consulting
Practice, HiSoftware
– Worked for twelve years as a Senior Trial
Attorney with the U.S. Department of Justice.
– Argued on behalf of the United States
government many times before the federal
courts.
– Helped shape the government’s policies for the
Americans with Disabilities Act and Section
508 of the Rehabilitation Act.
– In 2000,Attorney General Janet Reno
presented Nakata with the Attorney General’s
Award for Excellence in Information
Technology.

3. Structure of Presentation
1. Traditional Laws and Regulations Requiring
Web Accessibility
2. How They Are Used for Suing
Colleges and Universities
3. New Laws and Regulations Requiring Even
Greater Levels of Web Accessibility
4. WhatYou Should Do to Prepare

4. Traditional Laws and Regulations Requiring
Web Accessibility

5. Two Types of Laws and Regulations
Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0

6. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
General Concepts:
• Program Access:
When “viewed in its
entirety”
• Looks at every way that
a programs are offered
(live, web, different
locations, etc.)

7. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
Specific Laws:
• Section 504:
Do you receive federal
funding ANYWHERE?
• ADATitle II:
Are you a public entity
(part of a state or local
government)?

8. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
Examples:
• Kindle settlement
agreements
• Web accessibility and
Penn State University

9. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0

10. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
Overall Concept
• Universal design
requirements that
apply to “new
stuff” (procurements
or newly developed
web pages)

11. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
Section 508
• Section 508 applies
only to Federal govt.
• BUT most states
have created their
OWN Section 508
laws and policies

12. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
WCAG 2.0 AA
• Not legally required,
per se (not currently
in any law or
regulation in U.S.)
• But quickly becoming
the de facto standard

13. Program-Based
Laws and
Regulations
Section
504
ADA
Title II
Standards-Based
Laws, Regulations,
and Guidelines
Section
508
WCAG
2.0
Examples:
• IT procurement
policies at many
universities
• WCAG 2.0 AA now
an accepted
requirement in all
settlements

14. New Developments
• New Section 508
standards coming
– Harmonize to
WCAG 2.0 AA
– Huge international
trend toward
WCAG 2.0 AA

15. New Developments
• New ADA
Regulations for Web
Coming
– State and Local
Entities First.
– Will likely harmonize
to WCAG 2.0

16. New Developments
• New FCC “CVAA”
regulations affecting:
– New communication
technologies (chat,
messaging, etc.)
– New televised
multimedia
productions

17. Goals
• WCAG 2.0 AA
Compliance
• Complete “program
access” to people
with disabilities

18. Where to Start
• Benchmark your web
content against
WCAG 2.0
– Consider outsourcing
– Consider automated
tools
• Perform a Section
504/Title II Review
– Get a Copy of the
Title II Action Guide

19. How to Get There
• Start Small
– 1-2 requirements at a
time
– Back up with training
and resources
– Benchmark success
(using automated
technology) to justify
expanding
requirements

20. Process Followed by Successful Clients

21. About HiSoftware
• Content-aware Compliance and Security
• Customer model focused on:
– Global 2000
(FinServ | Pharma | Healthcare | Utilities)
– US and International Central Governments,
State and Local Governments
– Higher Education
• Over 1,250 customers since 2007,
spread across five continents
• Global presence with offices in Nashua, NH;
Redmond,WA;Washington, DC; Melbourne,AUS
Trusted by Customers

22. Questions
Ken Nakata
k.nakata@hisoftware.com