Access Technologists Higher Education Network

網頁： Access Technologists Higher Education Network (ATHEN)
屬性： 組織
作者： Cynthia D. Waddell, J.D.
簡介：

In Martin v. Metropolitan Atlanta Transportation Authority (MARTA), six plaintiffs filed an ADA Title II complaint in 2001 outlining a long list of ADA violations including the problem that the agency failed to make information accessible to people with disabilities on their web site. Three plaintiffs were blind, one had cerebral palsy and required a wheelchair for mobility and two plaintiffs were quadriplegics who required wheelchairs for mobility. The Federal District Court in Georgia found that the website was not accessible and violated the ADA. This is significant for higher education entities covered under Title II of the ADA because MARTA is the first case to hold that ADA Title II entities must have accessible web sites (read the decision at http://www.gand.uscourts.gov/documents/1001cv3255TWTinj.pdf [PDF]).

We also now have guidance published in 2003 from the U.S. Department of Justice, Civil Rights Division, Disability Rights Section, entitled Accessibility of State and Local Government Websites to People with Disabilities at http://www.usdoj.gov/crt/ada/websites2.htm. The guidance reminds us that entities covered under the ADA and Section 504 are required to "provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden."

This equal access obligation concerning website content applies to higher education ADA Title II entities and is consistent with a previous policy letter by USDOJ in 1996. In that instance, the USDOJ responded to an inquiry from Senator Harkin about websites on behalf of a web designer and lawyer. See policy letter at http://www.usdoj.gov/crt/foia/tal712.txt.

Even if the higher education entity is not covered under ADA Title II, it is most likely covered under the Section 504 requirements for accessible websites. The U.S. Department of Education, Office for Civil Rights (OCR), enforces regulations implementing Section 504 in addition to its enforcement of ADA Title II in public colleges, universities and graduate and professional schools. The U.S. Department of Education has repeatedly stated through complaint resolution agreements and correspondence that higher education institutions covered by the ADA and Section 504 must make their information accessible on the Internet since communications must be as effective for students with disabilities as that provided to others (see OCR RESOLUTION 09-05-2206 at http://www.icdri.org/legal/sjsu.htm).

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