Subject: The Accountability Act for Accessible K-12 Education for Students with Disabilities
To: Members of the Maryland General Assembly
From: Members of the National Federation of the Blind of Maryland
Contact: Sharon Maneki, Director of Legislation and Advocacy
National Federation of the Blind of Maryland
9013 Nelson Way
Columbia, MD 21045
Phone: 410-715-9596
Email: nfbmdsm@gmail.com
Date: January 2022
THE PROBLEM
Blind students in grades K-12 cannot access their educational content because local school systems use inaccessible instructional technologies. Although federal and state laws require the accessibility of information and communication technology (ICT), digital content and services such as educational apps and websites, local school systems and the Maryland State Department of Education (MSDE) have not enforced the requirement for developers to ensure accessibility before purchasing and implementing technologies and have not prohibited staff members from using inaccessible materials that they find on their own. Local school systems and MSDE have no accountability for accessibility. Consequently, blind students are denied the opportunity to fully participate in their education.
PROPOSED ACTION
The Maryland General Assembly should enact legislation that provides accountability for accessibility by both local school systems and the MSDE. This legislation must include procurement procedures that force local school systems to comply with Section 508 of the Rehabilitation Act. There should be a penalty for non-compliance by developers. The MSDE must annually publicize the record of accessibility compliance by all jurisdictions on its website. The need for action is urgent. Barriers to full participation in education that blind students face must be eliminated.
BACKGROUND
Blind students encounter accessibility problems whether their instruction is in-person or virtual. Accessibility problems are exacerbated during this pandemic because of the need to shift between in- person instruction and virtual instruction. The trend in K-12 education today is to make greater use of computers and interactive instructional technologies. Students are expected to use technology to access digital content, complete and submit their homework, participate in class discussions, complete pop quizzes and tests, or check their grades. Blind students can no longer perform these tasks independently when instructional technologies are inaccessible. In other words, inaccessible technologies shut blind students out of their education. Additionally, blind parents and blind teachers cannot help students who must use these technologies. Federal laws such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act have required elementary and secondary schools to use accessible ICT to provide students with disabilities full and equal access to programs. Since 2002, Maryland law has also required that online instruction must be accessible to students with disabilities. Since these laws have existed for decades, why does this problem remain?
Screen access software makes electronic information accessible by rendering information in either a text-to-speech, magnified, or refreshable Braille format. These screen access devices will work only if websites, document formats, or other hardware and software are designed and coded to accommodate nonvisual access. The methods for nonvisual access are well known and well documented. The first publicly available accessibility guidelines were published in 1995 and have been updated periodically. These guidelines have been incorporated into Section 508 requirements of the Rehabilitation Act of 1973. The law requires accessibility, and developers already know how to provide accessibility. What is missing is accountability and enforcement.
BENEFITS OF THE PROPOSED LEGISLATION
The proposed legislation strengthens the role of MSDE in monitoring the compliance of accessibility in the local school systems. The legislation will require the MSDE to annually publish the progress of all local school systems concerning accessibility on its website. Making this information publicly available demonstrates that accessibility is a priority for the MSDE. Publishing this information on the website is also a valuable accountability tool because it allows the public to demand explanations.
In this legislation, the local school system must require the vendor to provide specific information of how the vendor intends to achieve accessibility in the product or software. For instance, the legislation will stipulate that “Beginning on September 1, 2023, an invitation for bids or request for proposals for a digital tool issued by the State or County board shall require a vendor to submit an accessibility conformance report” or Voluntary Product Accessibility Template (VPAT). The VPAT is a document that explains how ICT products such as software, hardware, electronic content, and support documentation meet (conform to) the Revised Section 508 Standards for ICT accessibility. Vendors are familiar with VPATs since they are already required by many federal government entities. Accessibility is less expensive and more effective if it is designed during the initial development of ICT. Thus, requiring an Accessibility Conformance Report or VPAT will help the developers in the long run.
CONCLUSION
The use of inaccessible ICT and digital content by local school systems has denied full and equal participation to blind students in K-12 education. Although accessibility to ICT is required by state and federal laws, it does not occur because there is no accountability or enforcement by local school systems and the MSDE. There are no consequences for vendors who fail to deliver accessible ICT. The proposed legislation will reduce accessibility barriers by establishing methods of enforcement and accountability. Blind students deserve the same opportunities for full participation in education that are afforded to non-disabled students. This legislation will fulfill the demand that accessibility must become a reality. If blind students have the opportunity to obtain a quality education, they will be able to become successful taxpayers and productive members of society.