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Accessible Assistive Technology in Education: New Mexico's Trailblazing Law

By Tajauna M. Dunning

Have you ever been surfing the Web and got into a page where you didn't want to be, but you couldn't get out? You hit the "Back" icon and nothing. You hit it again and nothing. One more try, but it doesn't work. You are still staring at the same page. Now you're frustrated, so you hit the Control/Alt/Delete keys which completely shuts down the Internet. You have to start over. Frustrated, you wonder what was the problem. The answer? The programmer of that particular Web site "coded" or "programmed" the page so you couldn't get out.

This experience is comparable to the frustration an individual with a disability feels each time he or she uses a computer with a Windows-based software environment IN PARTICULAR when working WITH the Web. Computer-use assistive devices, designed to help people with disabilities keep up, are typically insufficient for most people who need them. The bells and whistles (literally) of most Web sites defeat--or at least severely impede--most assistive devices, including screen readers, adapted keyboards, specialized Web-reading software, screen-enlargement software, and other similar technology.

Now imagine that you have to take a class online facing this barrier. Many schools across the country have increasingly relied on the Web to provide their distance education. Distance education (also known as distance learning) allows a student the convenience and flexibility of taking classes away from the physical confines of the school. Students with disabilities who previously were not able to attend classes due to obstacles such as not being able to secure transportation or physically inaccessible school buildings now have another option to further their education. Usually through the use of specialized Web software such as Blackboard and WebCT, schools can host an entire course complete with the instructor and students interacting exclusively on the Internet. However, this solution of placing a course on the Web ironically introduces different barriers to students with disabilities if the course is designed and presented in an inaccessible manner.

Passage of Section 504 of the Rehabilitation Act in 1974 as well as the Americans with Disabilities Act (ADA) in 1990 requires all educational entities throughout the U. S. “to provide effective communication,” i.e., accessible software and computer courses to students with disabilities. However, under the ADA, the written requirement of what is considered effective is vague, providing little guidance as to what constitutes accessible in the software development or the Web site programming arenas.

New Mexico Leading the Way

Access complications changed for students in New Mexico when on April 15, 2003, Governor Bill Richards signed into STATE law House Bill (HB) 708.

HB 708, known as the “Distance Learning for Disabled Persons” law is significant because, unlike Section 504 and the ADA, it does not leave room for interpretation. It is very specific: “Public schools and institutions of higher education will provide accompanying electronic formats for individuals with disabilities who use assistive technologies with distance education and computer-based courses.” Specifically, these electronic formats are defined to be ASCII (text), HTML (webpages), and XML. A school does not satisfy HB 708 by simply providing files in these formats. A webpage designed with HTML or XML can still be in inaccessible if the author is unaware of the barriers that users with disabilities face. For example, an HTML webpage that uses many images without giving each an alternate description would still be inaccessible to a screen reader who can't “see” the image. HB 708 requires that the file is usable by a person with a disability using assistive technology. So not only do the files need to be available in these formats, the school must make sure that the files are accessible. However; in other states with similar legislation, that specificity is not stated and is still open to interpretation by programmers and software developers.

Under the provisions of the “Distance Learning” law, students who need uniformity of screen layout in order for their assistive devices to work properly will receive it. Students who use screen readers will benefit because programmers ARE REQUIRED to use compatible computer formats instead of those that have limited compatibility with assistive technology devices such as Adobe's PDF.

Typical of all groundbreaking legislation, passage of HB 708 involved significant work among many individuals and organizations, from drafting the law to advocating for its passage. According to Andy Winnegar of the New Mexico Technology Assistance Program and Computer-based Accessibility Services Assistance (CASA) Network, this law represents extensive collaboration involving the Commission for the Blind, New Mexico's Protection and Advocacy program, the Commission on Higher Education, and New Mexico's State Education Department. Instrumental in its passage were Representative Sandra Townsend and Senator Cynthia Nava.

For many students with disabilities in New Mexico, the Distance Learning law has been life-changing. Students, who once could not take a distance-learning course or even obtain course information in the classroom because of inaccessible software, can now take courses and earn degrees or certificates. Further, all students in New Mexico, may now decide for themselves how far they wish to go in the education arena.

For much of the rest of the nation, interpretation of what is “effective communication” in the software and education arena continues to be left up to the programmers, thereby hindering students before they have a chance to begin their education.

With the success of “Distance Learning for Disabled Persons,” optimism exists that other educational entities in the nation will follow suit. With all the technology available, there is no reason why any individual, including one with a disability, should not have the opportunity to receive a quality education.

About the author:

Tajauna Dunning has been with ILRU since 1991. Currently she is marketing director for ILRU's Disability Law Resource Project. Tajauna wants to give special thanks to Bill Newroe, Andy Winnegar, and Karen Courtney Peterson for their help on this article.

For additional information about the CASA Network Program, you can contact Karen Courtney-Peterson at (877) 533-3204 (v) or 800-659-4915 (tty). You can also visit CASA's Web site at: http://www.dvrgetsjobs.com/Public/SpecialPrograms/DVRServicesSpecialProgramsCASA.asp.