DRAFT 4.0 April 7, 2006 edited by Cheng with ATI Work Plan April 5, 2006 - Boyum, drawing upon previous Cheng & Persons review & input, and upon ATAC discussion 3-16-06 Academic Affairs Coded Memorandum Code: AA - xxxx DATE: xx TO: Presidents FROM: Gary W. Reichard Executive Vice Chancellor / Chief Academic Officer Richard P. West Executive Vice Chancellor / Chief Financial Officer RE: Access to Electronic and Information Technology for Persons with Disabilities I. Introduction. This coded memorandum sets forth both required actions that campuses must take pursuant to federal and state law, and CSU Executive Order, and also recommended practices whereby accessibility may be achieved and maintained. These are outlined in detail in items IV.A-G below, where recommended approaches are enumerated. To introduce this topic, portions of Executive Order 926 are recapitulated at Item II below. At Item III below we report the recommendations of the Academic Senate, and of the Academic Technology Advisory Committee, respectively. Please note that campus responses, detailed at Item V below, are due at the Office of the Chancellor not later than (date). Please respond to Dr. Keith Boyum, Associate Vice Chancellor, Academic Affairs, preferably via e-mail at kboyum@calstate.edu . You may reach Dr. Boyum at 562-951-4712 [voice] or via fax at (562) 951-4981. II. Executive Order 926 (Selected Provisions); and U.S. Department of Education, Office of Civil Rights, Resolution Agreements Executive Order 926 sets out binding requirements on CSU campuses with respect to disability accommodation. It proceeds from state and federal law. The Resolution Agreements are settlements of complaints brought by students with disabilities to the U.S. Department of Education pursuant to federal law. Together, the executive order and the resolution agreements make the case that the required and recommended practices defined below, especially at Section IV of this memorandum, are urgent, and constitute mandates for campus action. A. Executive Order 926. Executive Order 926, issued January 1, 2005, provides a Policy Statement as follows. The policy of the CSU is to make its programs, services and activities accessible to students, faculty, staff, and the general public who visit or attend a campus-sponsored event, with disabilities. This policy is in accordance with applicable state and federal laws … [as cited]. The same Executive Order (at Section II, Purpose) stipulates: Procedures for compliance with this executive order, applicable federal and state laws, and CSU policies are the responsibility of the president and his or her designee. Each campus shall develop and maintain overall procedures for ensuring compliance with applicable federal and state laws and regulations, as well as local written policies for accepting, investigating and resolving any student, faculty, staff and public complaints it may receive. Each campus will work with its campus Americans with Disabilities (ADA) Compliance officer / coordinator and establish a standing committee … to monitor the elements of this executive order. At Section IV, Role of the Office of the Chancellor, this language is found in Executive Order 926 under the subhead Academic Affairs: Upon review and recommendation by the statewide Academic Technology Advisory Committee and CSU Academic Senate, campuses will also be subject to compliance with new guidelines addressing technology accessibility for students, faculty, and staff. The full text of Executive Order 926 may be reviewed at http://www.calstate.edu/eo/EO-926.html. B. Office of Civil Rights Resolution Agreements. California State University, Fullerton in 2003 and 2004; California State University, East Bay in 2004; and California State University, Los Angeles and [separately] California State University, San Bernardino in 2006 settled, or as of spring 2006 were considering settlements, with the U.S. Department of Education, Office for Civil Rights (OCR), under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. The Resolution Agreements illustrate the mandate of these statutes upon CSU campuses. Fullerton's [OCR Docket Number 09-03-2166] resolution agreement (signed by the campus president 4/29/04) provided in part 1) The University will develop and implement a plan that will specify sufficient trained and qualified personnel resources to ensure that students who require text and other written materials to be converted to an alternative format will be provided those alternative media materials that are equal in quality and received at the same time as educational materials provided to non-disabled students. . . . 4) The university will establish dates by which all faculty must provide the appropriate department with a list of reading materials for assigned courses. The dates that will be established will be ones that will enable the University to provide alternate media to students with disabilities at the same time educational materials are provided to non-disabled students in the same class. These dates will be communicated in writing to all persons appointed to temporary, interim or adjunct teaching positions, as well as to full-time faculty. Nothing in this provision shall be constructed to require a faculty member to restrict where books may be acquired by students or what books may be assigned . . . . III. Academic Technology Advisory Committee and CSU Academic Senate Review and Recommendations. The display below of resolutions by the Academic Senate, CSU, and by the Academic Technology Advisory Committee demonstrate that appropriate consultative governance processes have transpired, and that the call for further campus actions contained in this memorandum is therefore suitable and timely. A. Academic Senate Action in 2005. At its May 5-6, 2005 plenary session, the Academic Senate of the California State University adopted AS-2700-05/FA, Students' Access to Academic Information Technology, the full text of which is conveniently available via the Internet at http://www.calstate.edu/AcadSen/Records/Resolutions/2004-2005/2700.pdf. In part, the resolution reads: Resolved, that the Academic Senate CSU recognize that the obligation to provide access to persons with disabilities includes … the removal of barriers created by the use of technology inaccessible to persons with disabilities …. Resolved, that the Academic Senate CSU recognize that meeting this commitment of providing accessible technology on the campuses will require proactive and anticipatory steps, soliciting the active participation of all segments of the campus communities, comprising an all-campus responsibility and commitment to accessibility …. Resolved, that the Academic Senate CSU recognize that faculty teaching disabled students must be provided with the timely information, technology, training, resources (including work load adjustments and the available technology resources and related strategies), to enhance access for students with disabilities …. Resolved, that the Academic Senate CSU urge each campus to assess fully the extent to which barriers to disabled persons are created by the use of technology, and where such barriers exist, develop comprehensive policies and take the necessary action to remove such barriers, providing disabled students with the access and information required to promote the success of their academic endeavors …. B. Academic Senate Action in 2006. At its March 9-10 plenary session, the Academic Senate of the California State University adopted AS-2730-06/AA, Provision of Accessible Electronic Material by Publishers, the full text of which is conveniently available via the Internet at http://www.calstate.edu/AcadSen/Records/Resolutions/2005-2006/2730.shtml. In part, the resolution reads: Resolved, that the Academic Senate CSU recognize that the importance of disability accommodation and endorse the work being done by the CSU Center for Alternate Media (CAM) in making learning resources available to students with disabilities … Resolved, that the Academic Senate CSU urge publishers to provide e-text versions of course materials … Resolved, that the Academic Senate CSU recommend to faculty of the CSU that, when selecting a textbook or other materials, they use as one of their criteria the willingness of the publisher to provide such e-text material upon course adoption … In the Rationale for the resolution, the Academic Senate CSU noted, "It is not uncommon for students with disabilities to wait up to five weeks to receive alternative media for course text books. …. C. Academic Technology Advisory Committee Action. At its March 16, 2006 meeting, the Academic Technology Advisory Committee adopted the following resolution in general support of the process represented by this memorandum. RESOLVED, that the Academic Technology Advisory Committee endorse a systemwide process whereby campuses are given policy guidance via a coded memorandum from the Office of the Chancellor concerning access to learning materials on the part of students with disabilities; and RESOLVED, that the Academic Technology Advisory Committee encourage that campuses also be provided with recommended practices, especially concerning the provision of learning materials delivered via electronic and information technology; and RESOLVED, that campuses develop plans and policies on these topics in consultation with appropriate groups and constituencies. IV. Campus Work Plans: Directives and Recommendations A. Campuses are directed immediately to assess and implement - where not in place - policies to build a culture of access and a climate supportive of accommodation that features early identification of needs for accommodation, the provision of resources adequate for accommodation, and institution-wide responsibility for ensuring access to learning by persons with disabilities that is fully equal to the access enjoyed by persons with no identified disabilities. " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part A, of this memorandum ["Institution-wide Commitment and Responsibility for Disability Access"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). B. Campuses are directed immediately to insure that the needed steps are in place to achieve timeliness in delivering learning materials in alternate formats, including e-text and Braille, using the Center for Alternative Media (CAM) as appropriate. The goal, articulated by the Office of Civil Rights, is that students with disabilities receive their learning materials at the same time that students with no recognized disabilities receive theirs. " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part B, of this memorandum ["Timeliness of Instructional Materials"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). C. Campuses are directed immediately to take needed steps to procure only new electronic and information technology that is conformant with Section 508 standards as stipulated by California Government Code 11135. [Note. This code section incorporates provisions originally adopted in AB 105 and clarified as applying to the CSU via SB 302.] " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part C, of this memorandum ["Procurement of New Electronic and Information Technology"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). D. Campuses are directed immediately to take needed steps to incorporate Section 508 standards as they develop or acquire new electronic and information technology resources. " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part D, of this memorandum ["Development of New Electronic and Information Technology Products"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). E. Campuses are directed immediately to take needed steps to retrofit non- accessible electronic and information technology purchased after the adoption of California Government Code 11135 (SB 302). " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part E, of this memorandum ["Audit and Retrofit Major Electronic and Information Technology Purchased After the Adoption of SB 302"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). F. Campuses are directed immediately to take appropriate steps to insure the accessibility of non-instructional web sites, including but not limited to those in the campus principal domain (the "dot-edu" domain). " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part F, of this memorandum ["Accessibility of Non-instructional Websites"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). G. Campuses are directed immediately to take appropriate steps to insure the accessibility of technology-mediated courses, both new and already-existing. " Recommended to campuses are the goals, plans and procedures found in Appendix I, Part G, of this memorandum ["Accessibility of Technology-Mediated Courses"]. It is recognized that some campuses have already undertaken or achieved the recommended practice(s). V. Campus Reports Campuses are directed to assess / to undertake a preliminary audit, and to report by date, concerning each of the foregoing items (IV.A-G above, and sub-points as listed). Templates and additional resources to assist campuses are available at (url). Ms. Mary Cheng, Director, Accessible Technology Initiative, is available to consult with campuses during the 2006-07 year. You may reach her at (510) 885-2672 or at mary.cheng@csueastbay.edu. Please respond to Dr. Keith Boyum, Associate Vice Chancellor, Academic Affairs, preferably via e-mail at kboyum@calstate.edu . You may reach Dr. Boyum at 562-951-4712 [voice] or via fax at (562) 951-4981.