Legal Requirements
Federal Accessibility Requirements
- Americans with Disabilities Act (ADA) as amended: Prohibits discrimination on the basis of a disability in the full and equal enjoyment of facilities, privileges, advantages, services, or accommodations of any place of public services. Universities must provide reasonable accommodations to students with documented disabilities that significantly restricted them in an educational setting.
- Section 504 of the Rehabilitation Act of 1973: Prohibits discrimination on the basis of a disability in the treatment of students. Schools must be organized in such a way as to allow students with disabilities to benefit.
- Section 508 of the Reauthorized Rehabilitation Act of 1998: Electronic devices and information technology must be accessible for use by individuals with disabilities. Universities must ensure that students with disabilities are able to access material at “equivalent or greater” ease as others. “Students with disabilities must have the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as other students.” “Ensure that students with disabilities can access the information on the websites with substantially equivalent ease of use as students without disabilities.”
Key Compliance Requirements:
- Must ensure equal access to the educational benefits and opportunities afforded by technology and equal treatment in the use of technology in all aspects of the campus environment.
- Institutions have a continuing obligation to provide access that need not be triggered by an individual’s specific request for an accommodation. The institution must be proactive to ensure the accessibility of electronic and information technology that is publically available.
- Universities must focus on the pertinent technology-based services, activities, and information that are seen by a large number of individuals first to ensure compliance: Official websites, learning management systems, online programs, and activities, student portals, e-mail systems, registration services, calendar events, etc.
WCSU Responsibilities:
- General compliance obligation: The emerging technology must either be fully accessible to individuals with disabilities or accommodations or modifications must be provided “to ensure that the benefits of… the program are provided…in an equally effective and equally integrated manner.” This obligation is applicable to all types of technology use, including pilot programs, as well as online programs whether operated directly by the institution or through contracts by third parties.
- Continuing obligation: All planning and consideration of the use of emerging technology must involve planning for accessibility. “The planning should include identification of a means to provide immediate delivery of accessible devices or other technology necessary to ensure accessibility from the outset.”
- Ease of use: The obligation to provide individuals with disabilities the opportunity “to acquire the same information, engage in the same interactions, and enjoy the same services…” does not require “identical ease of use.” The compliance standard is “substantially equivalent ease of use.”
Connecticut State Colleges and Universities Policy
On October 4, 2020, the Connecticut State Colleges and Universities (CSCU) released an Electronic Information and Technology (EIT) Policy. This requires all CSCU schools, including WCSU, to take actions that include the following:
- Recognize EIT Accessibility as the responsibility of all administrators, faculty, and staff.
- Develop, purchase, host, and/or acquire, to the extent feasible, content (instructional, promotional, media, etc.), web pages, websites, hardware, and software products and services that are accessible to individuals with disabilities.
- Develop an Accessibility Implementation Plan to promote ongoing, inclusive access for individuals with disabilities.