Digital Accessibility in Higher Education

Kevin Corcoran, Associate Vice President of Digital Learning, Connecticut State Colleges & Universities

Academia has been put on notice. The May 19th, 2023 ‘Dear Colleague’ letter jointly issued by the U.S. Department of Justice (DOJ) and the Department of Education (ED) serves as a stern warning [reminder] to institutions of higher education that all online services (including but not limited to websites, platforms, course, and social media content) must be accessible, regardless whether they are institutionally owned or provided by a third party. While guidance and support are being offered, DOJ and ED’s intent to enforce is clear as they reference Title II of the Americans with Disabilities Act (ADA) as well as Section 504 of the Rehabilitation Act in conjunction with past enforcement actions taken by the DOJ and ED’s Office of Civil Rights (OCR).

Before diving deeper, let us establish a framing. A widely adopted definition of accessibility is the “removal of systematic barriers including policies, procedures, or practices that unfairly discriminate and can prevent individuals from participating fully in a situation”, acknowledging that “systemic barriers are often put into place unintentionally.” From a legal standpoint, OCR defines accessibility to mean “when a person with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally integrated and equally effective manner, with substantially equivalent ease of use.”

It's important to note that there is a significant but subtle difference between affording opportunities and removing barriers. While accommodations may provide opportunities for individuals with disabilities, they may not necessarily eliminate all barriers and may not result in an equivalent learning experience. Moreover, certain accommodation requests may not be considered "reasonable" or may be deemed an "undue burden," leading to the possibility that they may not be fulfilled.

So, why is there renewed attention to digital accessibility within an academic setting? Certainly, the COVID-19 pandemic exposed various institutional shortcomings in supporting remote learners, with accessibility being a chief concern among those. As institutions reset post-pandemic and look to expand both credit and non-credit offerings, they are targeting an older, non-traditional market. And, with increased student demand for digital options, institutions are exploring various digitally enhanced modalities such as in-person remote, hybrid, hyflex, and fully online formats that may be asynchronous, synchronous, or blended. With greater reliance on digital formats and a potentially older student population, the need for accessible learning experiences is paramount.

According to the Centers for Disease Control and Prevention (CDC), over 27% of American adults aged 18 or older report some form of disability. Furthermore, the National Center for Education Statistics (NCES) reports that 19% of undergraduate and 12% of graduate students reported having a disability. The Department of Education (ED) research found that only a third of those students disclosed their disability to their college. And even less seek services as only 57% of community college students with disabilities received accommodations. Why the disparity? Some students may be unaware that services exist or that they must advocate for those services (versus a K12 setting where the burden is on the school district and not the student). Other students may want to distance themselves from a disability identity or stigma. And others may not perceive their institution as a supportive environment and choose not to seek services.

“With greater reliance on digital formats and a potentially older student population, the need for accessible learning experiences is paramount.”

The 2023 annual report from Rehabilitation Research and Training Center on Disability Statistics and Demographics (StatsRRTC) indicates that only 20% of students with disabilities earn a 4-year degree compared to 68% of students without any disability who do. Less than half of students with disabilities complete their 4-year degree within six years. In comparison, high school students with disabilities graduate at a rate of 82%.

Historically, institutions of higher education have taken a reactive approach to serving students with disabilities. The burden of proof has been on the student (unlike within the K-12 setting). Students need to become self-advocates to get the appropriate support. There are, however, still challenges in this reactive mode. Students may not learn of physical, technical, or material requirements until the first day of class. These students will not be Day 1 ready learners. Instead, additional effort will be needed by the student, the Office of Accessibility/Disability Services, and the instructor to provide accommodations to the learning environment. Considering that the production of a Braille version of a textbook may take up to three months, the semester may end before the student has the necessary learning materials. What if the number of students who disclose rises closer to the national average? Will institutions have the resources to support a higher demand?

Based on past success rates and time to completion, inefficiencies of a reactive model, and the potential need for increased staffing and resources to support greater accommodation requests, institutions must focus on proactive measures. NCES found that many accommodation requests are common and include items such as extra time on tests, use of a computer for notetaking and completing assignments, and access to a quiet room for testing. Institutions can address these universal and predictive needs within the program and course design phase, thereby eliminating countless hours spent by the student, instructor, and accessibility services defining a workaround. In the end, accessibility efforts help all students succeed.

Along with document and website alignment to the Web Content Accessibility Guidelines (WCAG) accessibility standards, there are additional steps institutions can proactively take to remove barriers and increase opportunities for student success:

• Establish procurement procedures that vet for accessibility before purchasing. Strong procurement processes can help reduce potential barriers within vendor provided platforms, tools, and content as well as establish corrective action plans when defects are identified.

• Establish a reporting mechanism so that barriers can be reported. Accessibility will be an ongoing effort and a moving target. As new technologies and services are introduced as well as new devices and browsers interacting with old technology, unforeseen barriers may present themselves. Providing a consistent manner to report these barriers will supplement procurement processes and streamline remediation efforts while reducing end-user anxiety.

• Provide tools that check content for accessibility. Office 365 and Google Suite have built-in checkers. Blackboard Ally or UDOIT from the University of Central Florida also provide tools that can integrate with your learning platform.

• List course-specific requirements publicly and in advance of the start date to provide students with time to consider the physical, technical, and material needs of the course. This additional time may allow students to arrange any needed accommodations, assistive technology, or services prior to Day 1.

• Adopt Universal Design principles across the institution. Providing multiple means for students to engage with content and services can also reduce the barriers of a single point of entry.

• Curate centralized resources to provide training, tutorials, and on-going support. There are a number of wonderful openly licensed resources that can support faculty and staff efforts.

• Include students in your efforts. Not only solicit feedback from students for their specific needs but provide learning opportunities so that student-created work also meets accessibility standards. This will be a critical skill for all industries.

Accessibility is not a checklist; it requires behavioral and cultural change. It will take time and effort to integrate accessibility measures within daily habits. Infrastructure and support are essential elements for success, but executive leadership is critical. These efforts should be valued and celebrated as part of all mission-aligned efforts supporting diversity, equity, and inclusion as they remove barriers and increase success for all students. If ignored, the DOJ or ED’s OCR may want to have a word or two with your institution.

Legal