October 18, 2001
Thomas J. Nussbaum, Chancellor
Chancellor's Office
California Community Colleges
1102 Q Street
Sacramento, California 95814-6511
(In reply, please refer to Docket Number 09-97-6001.)
Dear Chancellor Nussbaum:
This letter signifies resolution of Docket Number
09-97-6001, a compliance review under Title II of the Americans with
Disabilities Act of 1990 (Title II) and Section 504 of the Rehabilitation Act
of 1973 (Section 504), in which OCR and the Chancellor’s Office collaborated to
address critical issues of first impression concerning access to print and
technology by California Community Colleges students with visual disabilities.
This document acknowledges the final progress report (May 29, 2001) to OCR from
the Chancellor’s Office, closes the above referenced case docket number,
summarizes the history of this case, and specifies the actions chosen and
implemented by the Chancellor's Office to resolve the issues presented in this
statewide compliance review.
The California Community Colleges constitute the world's largest community college system, with 107 colleges in 72 districts, enrolling 2.3 million students. During 1996 - 1999 the California Community Colleges system has been implementing the Telecommunications and Technology Infrastructure Program (TTIP).
Developed as a result of a 1996-1997 Strategic Telecommunications Plan through an U.S. Department of Commerce grant, the California Community Colleges TTIP is designed to be implemented in stages. The first stage of the TTIP, referred to as Technology I, was funded by the state for three years: 1996 - 1997 at $9.3 million, 1997 - 1998 at $18 million, and 1998-1999 at $28 million, respectively.
Technology I was successful in using technology to link 124 sites, including the Chancellor's Office. Technology I had a systemwide focus that linked the California Community Colleges campuses together in four major areas: (1) data and Internet access via connection to the 4CNet (the statewide network in partnership with the California State University (CSU) system), (2) video conferencing capabilities at each college and district site, (3) dual satellite down-link capability (analog and digital) for each college and district office, and (4) library automation and electronic information resources.
In this environment of rapid development of technology infrastructures in the California Community Colleges system, OCR initiated this compliance review, in part to ensure that students with visual impairments were provided access to these new technological opportunities. The results of this OCR review may be attributed to the work of many individuals from all components of the California Community Colleges system, who creatively explored how to solve the problems associated with effectively serving students with visual impairments in a mainstream educational environment that is highly visual, e.g., computer-based information and Internet research tools, as well as the traditional educational instructional materials such as printed books, written examinations, typed handouts, etc. When the problem-solving process began, the solutions to some of the most difficult questions were in many instances not yet identified.
Several factors played a part in the final outcome of this review. First, the California Community Colleges system was fortunate in already having a well-established statewide center with a high level of staff expertise dedicated to supporting community colleges in providing students with disabilities access to technology (known as the High Tech Center Training Unit or HTCTU). Second, at critical junctures in the resolution process of this case, the Chancellor's Office chose to break new ground. Third, adaptive technology was sufficiently developed as to realistically offer a cost effective, viable solution for the needs of the majority of students with visual impairments. Finally, prior to this compliance review, OCR and the Chancellor's Office had a longstanding history and practice of working in partnership to successfully resolve issues concerning civil rights matters.
In short, as a result of the talent and commitment evidenced throughout the California Community Colleges system, and in particular the willingness of the Chancellor's Office and its HTCTU to provide leadership and vision, this state post-secondary system not only exponentially increased print and technology access on its campuses, but the California Community Colleges system has gone on to become nationally recognized as setting the standards for post-secondary state systems with regard to providing students with visual impairments access to print and computer-based information.
Some of the most important accomplishments occurring during the time period of this compliance review were (1) to establish statewide those best practices already being implemented at some individual community colleges, (2) to maximize the colleges impact as consumers by negotiating in unison with vendors of adaptive technology, (3) to make receipt of technology grants from the Chancellor's Office contingent on a showing by the grantee that technology purchased would be accessible, (4) to develop statewide access guidelines for Distance Education as well as the production of Braille/electronic text (which guidelines are now used as a model nationally), (5) to require, through passage of a state law, that publishers cooperate in providing printed textbooks in an electronic format to colleges in the California state post-secondary system (thus eliminating the onerous task of scanning hard copy paper), and (6) to centralize, in one center for 107 colleges, the task of producing Braille and electronic versions of printed books/materials.
Legal Framework
OCR is responsible for enforcing Section 504 and the Department implementing Regulation at 34 Code of Federal Regulations (C.F.R.) Part 104, which prohibit recipients of Federal financial assistance from the Department from discriminating on the basis of disability in programs and activities. OCR also has jurisdiction as a designated agency under Title II, and the implementing Regulation at 28 C.F.R. Part 35, which similarly requires equal educational opportunity with regard to disability in public educational institutions, including public colleges and universities. Since the Chancellor's Office and California Community Colleges receive Federal financial assistance through the Department, as public educational institutions they are subject to OCR jurisdiction under both Section 504 and Title II, and the implementing Regulations.
This compliance review examined whether students with visual impairments, particularly blind students, were accorded an equal educational opportunity by California Community Colleges, or whether they were being discriminated against on the basis of their disability [34 C.F.R. § 104.4(a); 28 C.F.R. § 35.130]. The courts have held that a public entity violates its obligations under the Americans with Disabilities Act when it simply responds to individual requests for accommodation on an ad-hoc basis. A public entity has an affirmative duty to establish a comprehensive policy in compliance with Title II in advance of any request for auxiliary aids or services. In particular, OCR considered the effect of the Chancellor's Office "methods of administration" on the ability of the California Community Colleges educational program to accomplish their objectives with respect to students with visual impairments [34 C.F.R. § 104.4(b)(4)].
Title II of the Americans with Disabilities Act (Title II) requires a public college to take appropriate steps to ensure that communications with persons with disabilities "are as effective as communications with others" [28 C.F.R. § 35.160(a)]. OCR has repeatedly held that the term "communication" in this context means the transfer of information, including (but not limited to) the verbal presentation of a lecturer, the printed text of a book, and the resources of the Internet. Title II further states that, in determining what type of auxiliary aid and service is necessary, a public college shall give primary consideration to the requests of the individual with a disability [28 C.F.R. § 35.160(b)(2)].
In construing the conditions under which communication is "as effective as" that provided to nondisabled persons, on several occasions OCR has held that the three basic components of effectiveness are timeliness of delivery, accuracy of the translation, and provision in a manner and medium appropriate to the significance of the message and the abilities of the individual with the disability.
On September 18, 1996, the Chancellor's Office distributed to all colleges a survey/self-evaluation prepared by OCR to assess the extent to which colleges were prepared to provide access to print and electronic information to students with visual impairments. OCR obtained a 100 percent response rate to the survey/self-evaluation - in other words, every California Community College completed and returned the survey/self-evaluation to OCR. During 1997 the results of this survey were compiled and analyzed by researchers Jamie Dote-Kwan (California State University at Los Angeles) and Jeff Senge (California State University at Fullerton), culminating in an "Analysis and Final Report of the California Community Colleges Survey and Self-Evaluation: Information Access for Students with Visual Impairments" (approximately 50 pages) received by OCR on May 11, 1998.
On March 26, 1997, OCR met with the Chancellor, the General Counsel, and other Chancellor's Office staff, to notify them that OCR was beginning onsite visits to college campuses. During Spring 1997 OCR conducted fifteen onsite visits to California Community Colleges throughout the state,[1] with the goal of completing at least one onsite in each of the ten regions. In general, each onsite consisted of six components:
First, at the High Tech Centers in the Disabled Student Program and Services (DSPS) Offices, OCR observed demonstrations of adaptive technology for the visually impaired. OCR also spoke with DSS staff regarding the availability of alternative format for printed materials such as textbooks, examinations, class handbooks, and campus publications.
Second, OCR visited outlying computer labs used by nondisabled students, both within departments (e.g., education, mathematics, business) and general "open" labs used by students to prepare course assignments. The purpose of visiting department labs and open labs was to determine the degree to which such mainstream computer labs are prepared to integrate blind students by providing adaptive technology, or whether the only means of accommodating blind students wanting access to computers is to refer them to the High Tech Center operated by the DSPS Office.
Third, on campuses that had already developed a system for promoting campuswide standardization of computer technology, OCR discussed the cost effectiveness of the campus' master technology committee/administrator addressing the issue of accessibility as early as possible when purchasing computer technology.
Fourth, at the campus library OCR shared resources available to librarians seeking to ensure accessibility to blind and low vision patrons, and inquired about the manner in which books, as well as newly computerized information such as card catalogues and CD ROM resources, were being made accessible.
Fifth, with respect to distance learning and computer networks, such as the campus LAN and the Internet, OCR spoke with pertinent campus administrators and technicians to determine what adaptive technology was being used to provide access for the visually impaired.
Sixth, at almost every campus OCR spoke directly with blind students regarding their experiences in accessing computer-based information and printed materials.
OCR Summary Report
On January 22, 1998, OCR issued its Summary Report based on the survey/self-evaluation results as analyzed in the Dote-Kwan/Senge Preliminary Report, information obtained during the OCR onsite visits, and several other sources of data collected by the California Community Colleges. The Report's conclusions included the following:
· Access to technology is recognized by California Community Colleges as a high priority for its students. Yet despite rapidly expanding technology opportunities for sighted students, students with visual impairments faced overwhelming barriers to such access.
· It is extremely expensive for community colleges to meet their legal obligations to provide communications as effective as those provided to nondisabled students when each college attempts to individually serve a handful of students whose disability requires print and computer-based information to be translated into an alternative medium. Consequently, students with visual impairments, particularly blind students, who are scattered throughout the community college system, are drastically underserved by Disabled Student Programs and Services (DSPS) Offices whose budgets are stretched thin.
· Braille proficient students are under-identified by colleges, the majority of whom are not prepared to provide timely Braille translations for examinations and classroom handouts, much less textbooks.
· Adaptive technology to eliminate most barriers facing students with visual impairments is on the market. However, use of adaptive technology requires an upfront capital outlay and specialized staff training not yet available. In many situations adaptive technology not only removes barriers to information/technology in ways personal readers do not, but in many cases adaptive technology offers long term savings over labor-intensive methods of accommodation. For example, once translated into the proper electronic digital text, information can be cost-effectively output into a variety of alternative formats (e.g., synthesized speech, Braille, screen magnification) that will benefit not only under-served students with visual impairments but students with other types of disabilities (e.g., learning disabilities, acquired brain injury, etc.)
· Acquisition of technology and expansion into distance education, including the Internet, is occurring at an explosive rate among California Community Colleges. Failure at this time to take into account the needs of students with visual impairments will foreseeably result in substantial investment to inaccessible products and program structures, thus unnecessarily raising the subsequent cost of accommodating students with visual impairments, and in some cases precluding such accommodation altogether.
· Present methods of administration by the Chancellor's Office are failing to effectively respond to the above.
Voluntary
Resolution
By letter dated January 22, 1998, OCR provided the Chancellor's Office with copies of the Summary Report and suggested nine strategies as one method for addressing OCR areas of concern. Those nine strategies were 1) undertake a systemwide cost-effective approach to purchasing adaptive technology, 2) expand the purposes and resources of the state's DeAnza High Tech Center Training Unit to enable the Center to provide adaptive technology training more closely aligned with the current needs of the community colleges, 3) develop Access Guidelines for Distance Learning and Campus Webpages, 4) ask those receiving technology grants from the Chancellor's Office to ensure that technology purchased with those funds be accessible to persons with disabilities, 5) adopt a systemwide approach to translating printed materials into electronic text/Braille, e.g., an Alternative Format Center, 6) establish a central registry of textbooks already translated into alternative format, such as Braille, so that a textbook translated for a student at one college may be re-used by students at other colleges, 7) make a concerted effort to alert community college libraries to their print/computer access responsibilities, and to acquaint them with resources available to assist in better serving patrons with disabilities, 8) incorporate print and computer-based information access as a component of the Chancellor's Office (Vocational and Educational Services) annual reviews of the DSPS offices, and 9) conduct a follow-up survey after implementing such strategies to evaluate their impact on the colleges delivery of services to students with visual impairments.
OCR staff met with the Chancellor and his staff on April 20, 1998, in Sacramento, California. On September 10, 1998, the General Counsel of the Chancellor's Office provided OCR written assurance that the Chancellor's Office had either already started to implement the preceding strategies, or that it intended to implement such strategies within the next two to three years.
By letter dated October 1, 1998, OCR communicated to the Chancellor that the General Counsel's September 10, 1998 written assurance, coupled with the Chancellor's Memorandum to Chief Executive Officers of the colleges and districts dated June 12, 1998, was sufficient to establish a basis for voluntary resolution of issues raised in OCR statewide compliance review. The Chancellor was informed that in the next year OCR would look for progress reports by January 30 and June 30, 1999. Thus, on October 1, 1998, OCR closed the investigative stage of the compliance review, and began monitoring the Chancellor's Office implementation of its strategies to assist community colleges in their responsibilities to provide students with visual impairments access to print and computer-based information.
On March 9, 1999, and September 8, 1999, the Chancellor's Office submitted progress reports to OCR. By letter dated February 24, 2000, OCR commended the Chancellor's Office for four accomplishments in particular:
1) the development of the Long Distance Education Access Guidelines (which is now used nationally by other colleges and universities as a model),
2) the key role played by the Chancellor's Office in actively participating in the negotiations between the publishers' legislative advocate, author's office and the sponsoring organization surrounding Assembly Bill 422,which requires publishers of instructional materials, such as textbooks, to provide their product in alternative format upon request,
3) the progress made toward negotiating several cooperative purchasing agreements (both for adaptive technology and for accessible mainstream software such as MicroSoft), and finally
4) the progress made toward developing a statewide Alternate Text Production Center to handle the more complex requests for production of Braille and other alternate format materials.
On May 29, 2001, OCR received the Chancellor's Office Final Progress Report. The progress reports received by OCR on March 9, 1999, September 8, 1999, and May 29, 2001, show that the following activities have been completed:
Cost Effective
Approach to Technology Acquisition
Cooperative Purchasing Agreements
The Foundation for California Community Colleges (FCCC) has, as part of its Higher Education Cooperative Purchase Consortium, negotiated favorable agreements with a number of vendors that provide assistive technology and services. In addition, the Chancellor's Office succeeded in obtaining a substantial augmentation in the 2000-20001 budget for the Disabled Students Programs and Services (DSPS) to provide funding for implementation of some of the programs discussed herein. One part of this augmentation provided approximately $600,000 to allow each college to purchase equipment and software necessary to establish a braille production capacity at the local level. From July 2000 to the present, the FCCC has concentrated on developing and administering a cooperative purchase package for this braille production equipment.
Specifically, the FCCC, working with the Chancellor's Office and the high Tech Training Center Unity (HTCTU), solicited bids and negotiated a standardized braille production package consisting of an Index Basic-D Braille Embosser, a scanner, optical character recognition software, and the Duxbury Braille translation program. To date, this package has been purchased by ninety-two (92) of the colleges at a considerable savings compared to retail prices. The standardization of this braille production package will allow for technical support and training to be provided in colleges through the HTCTU. It will also allow the statewide Alternate Text production Center (see below) to prepare and send electronic files in a standardized format to permit quick onsite embossing of shorter braille documents.
Moreover, the FCCC has also established agreements with vendors to provide colleges with resources to caption distance education and audiovisual materials. These agreements provide competitive fee rates and pricing structures that allow colleges to meet their obligation to ensure such media is accessible to persons who are deaf or hearing impaired.
Finally, the FCCC provides an online orientation covering accessibility issues for vendors participating in the High Education Cooperative Purchase Consortium [see http://www.foundationccc.org/documents/dOrientation10-2000.doc].
Access Provisions Included in Vendor Contracts
In an effort to ensure that the goods and services provided under the Higher Education Cooperative Purchase Consortium Program are accessible or can be made accessible to individuals with disabilities, all vendor agreements through the Higher Education Cooperative Purchase Consortium Program currently include the following provision:
Both Vendor and Customer are committed to making the offered products and services as accessible to disabled and Americans with Disabilities Act (ADA) compliant as possible. To this end the Customer will provide at no cost to the Vendor a five-day training program at the High Tech Center Training Unit (HTCTU) De Anza Community College, Cupertino, CA. The Vendor agrees to send appropriate personnel to receive this special training program.
As a result of further discussions between the Chancellor's Office and the FCCC, the FCCC has agreed to add the following language to all of its new agreements:
Vendor hereby warrants that the products or services to be made available under this agreement fully comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and its implementing regulations set forth at 36 Code of Federal Regulations, part 1194. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. Vendor further agrees to indemnify and hold harmless the Foundation for the California Community Colleges, the Chancellor's Office of the California Community Colleges, and any California community college purchasing the vendor's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement.
Finally, the Chancellor's Office has recommended that FCCC contact each of its current vendors and give them a deadline by which they will be expected to provide written assurances that their products meet the new requirements. The FCCC could then exercise its right to cancel any agreement with a vendor which fails to make appropriate changes in its products.
Vendor Negotiations
The FCCC has continued to work specifically with Microsoft to discuss the need for built-in accessibility features (particularly for their database application entitled Access). The FCCC has had a number of ongoing discussions with Microsoft, but did not feel that formal correspondence would contribute toward future progress in this area. Instead, Microsoft has committed to continue the dialogue between the two entities as they work towards complete accessibility of their products. Representatives from both the FCCC and Microsoft have agreed that incorporating accessibility into new product development will add value to the process, and result in a more usable product.
Microsoft has stated that it is committed to accessible technology for everyone, and has launched a website (www.microsoft.com/enable/) that provides accessibility information for users, and allows users to contact specially trained staff to discuss accessibility solutions. The customer service support personnel at Microsoft are available by telephone to respond to inquiries regarding accessibility at 1 800 426-9400 or TTY 1 800 892-5234.
As described in its website at http://www.htctu.fhda.edu, the High Tech Center Training Unit (HTCTU) of the California Community Colleges is a state-of-the-art training and support facility for community college faculty wishing to acquire or improve teaching skills, methodologies, and pedagogy in Assistive and Instructional Computer Technology. The Center supports Assistive Computer Technology programs at one-hundred fourteen California community colleges. More than seven thousand students with disabilities are currently enrolled in High Tech Center programs state-wide.
Now entering its twelfth year of operation, the High Tech Center Training Unit carries out extensive research, testing and evaluation of new and emerging technologies of potential benefit to persons with disabilities. The Center's findings are made available through a series of continuously evolving trainings and workshops attended each year by hundreds of California community college faculty.
HTCTU Library Access Training
The HTCTU developed and delivered thirteen (13) training workshops geared specifically towards librarians and library staff (see below, Library Access, for description).
HTCTU California Virtual College (CVC) Training
The HTCTU conducted a comprehensive survey of each California Virtual College (CVC) site in order to determine the present level of knowledge and expertise about accessible design and future training needs. Faculty and staff at the CVC centers are incorporating accessibility for students with disabilities in the design and delivery of curriculum, web pages, and other instructional materials. CVC staff are also beginning to incorporate universal access design concepts to ensure accessible electronic media for online distance education. The HTCTU will soon be in a position to expand its training for CVC staff and its efforts to work with the CVC centers. Part of the budget augmentation for fiscal year 2000-2001 increased funding for the HTCTU and a new full-time Instructor/Specialist was recently hired to support the development of accessible web-based instructional resources. The Chancellor's Office has also taken steps to supplement the training available to CVC staff by providing a one-time augmentation of approximately $150,000 to the Professional Development Center to contract with outside trainers recommended by HTCTU. (see below, Distance Education, for further description of CVC accessibility activities)
Distance Education
and Campus Web Pages
Distance Education Access Guidelines
The Chancellor's Office established a Distance Education Accessibility Work Group to develop comprehensive guidelines on making distance education accessible for students with disabilities. The work group, in consultation with the HTCTU. developed a comprehensive technical assistance publication entitled Distance Education: Access Guidelines for Students with Disabilities. Posted at the HTCTU website at http://www.htctu.fhda.edu, these guidelines contain the basic requirements for providing access for students with various disabilities, including visual impairments. These guidelines also identify specific access modes for the delivery of distance education instruction. It should be noted that the Distance Education Access Guidelines were finalized after being reviewed by a variety of groups within the California Community Colleges system including the Academic Senate Committee, DSPS Regional Coordinators, and the High Tech Center Training Unit (HTCTU) Advisory Committee. To OCR knowledge this was the first distance education access standards adopted by a statewide educational system. These guidelines are now being used around the nation as a model for post-secondary institutions seeking to set standards to ensure that students with disabilities have access to distance education programs.
California Virtual College (CVC) - Distance Education Resource Centers
The Chancellor's Office, System Advancement and Resource Development Division, has awarded grants to fund four regional centers, known as California Virtual Colleges (CVC), to increase delivery of curriculum through distance learning conducted online. The grants require the staff at the four centers to, among other things, provide technical assistance and support for colleges and individual faculty members about how to make distance education courses accessible to students with disabilities. In particular, the staff at these centers will assist colleges with respect to providing access to Web pages and other computer-based instruction for blind students, the captioning of auditory information for students with hearing impairments and the provision of the accommodation of test proctoring in off-site locations.
The four CVC regional centers are located in the Greater Bay Area (Foothill-DeAnza Community College District-DeAnza College), Greater Los Angeles Region (Rio Hondo College, in collaboration with Pasadena City College, Long Beach City College, and College of the Canyons), Southern Los Angeles, Orange and San Diego Counties (Coastline Community College, in cooperation with San Diego Community College District), and Allan Hancock, Butte, Merced, and Victor Valley Colleges (Cerro Coso, in partnership with the Los Rios Community College District).
In addition to the above grants, the Chancellor's Office awarded an additional grant to support the development and dissemination of distance education standards, training resources and exemplary practices among distance educators. A major component of the grant was the exchange of research information and resources as well as consultation and technical assistance on accessibility requirements for students with disabilities. The grant was awarded to El Camino Community College District, El Camino College in partnership with Santa Monica College, Santa Rosa Junior College, the four California Virtual College (CVC) Regional Centers, @ONE, and other related programs and organizations.
Finally, the Chancellor's Office awarded a grant to provide training, technical support, and online resources associated with the creation of accessible video and Web based education. The grant provides $300,000 over a two-year period to the Foothill-DeAnza Community College District to be carried out by the HTCTU, which is located at DeAnza College. Through this grant CCC staff and faculty as well as CVC regional center staff will have access to highly specialized trainings (see description of Adaptive Technology trainings, above), guidelines, technologies, and techniques used for creating accessible distance education resources for students with disabilities.
Linking Technology
Grants to Grantee College's Accessibility
At this time, California's primary support for technology procurement by colleges is provided through the Telecommunications and Technology Infrastructure Program (TTIP) funding for 2000-2001which is distributed through an allocation formula. Districts receiving TTIP funding for 2000- 2001 will be reporting in the next few months on how they have used their funding to provide access for students with disabilities to the technology resources supported with state funding. Districts will specifically be asked to indicate the extent to which accessible computer workstations are currently available to students with disabilities. Beginning in 2001-2002, districts will be required to explicitly discuss how they will address accessibility issues in the plan or certification document they must submit prior to receiving their allocation of TTIP funds.
In addition, the Chancellor's Office provides funding for the acquisition of technology through a variety of grants. All grants currently contain a provision requiring that software or hardware purchased with grant funds be accessible or that appropriate adaptive equipment is obtained in order to provide access when needed. That provision included in grants reads as follows:
By signing this agreement, Grantee assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C.12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. Grantee shall, upon request by any person, make any materials produced with grant funds available in braille, large print, electronic text, or other appropriate alternate format. Grantee shall establish policies and procedures to respond to such requests in a timely manner. All data-processing, telecommunications, and/or electronic and information technology (including software, equipment, or other resources) developed, procured maintained or used under this grant, whether purchased, leased or provided under some other arrangement, shall comply with the regulations implementing Section 508 of the Rehabilitation Act of 1973, as amended, set forth at 36 C.F.R. 1194. Design of computer or web-based instructional materials shall conform to guidelines of the Web Access Initiative (see http://www.w3.org/WAI/GL/WD-WAI-HAG) or similar guidelines developed by the Chancellor's Office.
Printed Materials
Provided in Electronic Text/Braille
Alternate Text Production Center (ATPC)
In addressing the needs of colleges to provide printed materials in alternate media, the Chancellor's Office decided upon a two-pronged approach. The Chancellor's Office concluded that colleges should have the capacity to produce some braille materials on-campus. This was considered to be particularly important in dealing with class handouts and documents with a short useful lifetime. However, producing textbooks and other long or more complex materials was felt to require a level of expertise and staffing which could not be cost-effectively duplicated at every campus. Thus, the Chancellor's Office also decided to establish a statewide Alternate Text Production Center (ATPC) which will serve all California community colleges. The ATPC will obtain electronic text from publishers or produce it using scanning technology, provide electronic text to colleges for direct use by students, produce materials in braille or large print, and/or send formatted files to colleges for production of braille materials onsite.
In April 2000, the Chancellor's Office issued interim guidelines ("Guidelines for Producing Instructional and Other Printed Materials in Alternate media for Persons with Disabilities") to assist colleges in handling request for production of materials in alternate media (those guidelines are posed at the HTCTU website at http://www.htctu.fhda.edu).
In October 2000, the Chancellor's Office released a Request for Application (RFA) to establish the ATPC. By telephone on June 22, 2001, the General Counsel for the Chancellor's Office informed OCR that Ventura Community College would serve as the ATPC for both Braille production and e-text conversion. It was anticipated that the grant would be awarded and the project underway during Summer 2001. The Chancellor's Office is requiring that the ATPC establish mechanisms for providing services to other colleges and universities on a contractual fee-for-service basis.
Standardized Assessment Instruments in Alternate Media
The Seymour-Campbell Matriculation Act of 1986 (Cal. Ed. Code 78210 et seq.) establishes a system of assessment testing and counseling for all community college students. The matriculation regulations adopted by the Board of Governors (Cal.Code Regs., tit. 5, 55500 et seq.) have for years required colleges to ensure that their assessment tests are made accessible for students with disabilities, but in 1999 the Chancellor's Office Matriculation Advisory Committee voted to require that publishers of commercially produced tests be required to make their tests available in alternate media on request. This requirement was incorporated into the new standards for approval of assessment tests issued in February 2001. The list of instruments approved by the Chancellor's Office is being revised based on these new standards, and publishers will be asked to affirmatively certify that they are in compliance with this requirement. Such certifications have not yet been received by the Chancellor's Office. In addition, the Chancellor's Office is surveying all colleges to ascertain whether publishers have supplied testing materials in alternate media when requested to do so. The Chancellor's Office has indicated that it will contact any publisher who is reported by colleges as not appropriately responding to requests for alternate media.
On September 15. 1999, California Governor Gray David signed into law Assembly Bill 422 (Steinberg) which requires publishers of instructional material to provide the material at no cost in an electronic format for use by students with disabilities at the University of California, California State University, and California Community Colleges. This law became effective January 1, 2000. Information to colleges regarding how to implement AB 422 was included in the "Guidelines for Producing Instructional and Other Printed Materials in Alternate Media for Persons with Disabilities" released by the Chancellor's Office in April 2000.
Following a request from Assemblyman Steinberg's Office for a progress report on the implementation of AB 422 within the California Community College system, twelve colleges voluntarily provided information that was used by the Chancellor's Office in February 2001 to respond. Thereafter, on April 11, 2001, a meeting was convened by Assemblyman Steinberg on April 11, 2001, to discuss strategies for implementation of AB 422. Those attending the meeting included representatives from the publishing industry and from all three of the systemwide offices for the systems of public post-secondary education. One outcome of the meeting was the establishment by the Chancellor's Office of a Listserv to provide a means by which those serving students with disabilities in all three segments can communicate and exchange information about the implementation of AB 422. The industry representatives also identified a person with each major publisher who would serve as a single point of contact for requests under AB 422.
Finally, on a national level OCR notes that in a meeting on June 27, 2001, the Association of American Publishers reached a final agreement on the text of proposed national legislation entitled the Instructional Materials Accessibility Act of 2001. Participants at the meeting included the American Foundation for the Blind (AFB), National Federation of the Blind, American Council of the Blind, and the Association for Education and Rehabilitation of the Blind and Visually Impaired, Recording for the Blind & Dyslexic, American Printing House for the Blind, the Texas Education Agency, and other constituencies of the AFB Solutions Forum.
These organizations intend to work together to develop the necessary strategies to get the bill introduced, passed and signed into law.
In the Chancellor's March 13, 1998 progress report to OCR, it agreed that a centralized registry of textbooks available in alternate format would be a significant resource to the colleges. Accordingly, the HTCTU staff developed a Web page where colleges may list books which have been produced in alternate media. DSPS staff, librarians, and ADA coordinators can send email requests and obtain books which have been produced in alternative formats by other colleges. The registry can be accessed at http://htcoff1.htctu.fhda.edu/tango/bookex/bookex.html
Library Access
HTCTU Training for Libraries
The HTCTU developed and delivered thirteen (13) training workshops entitled "Assistive Computer Technology for Library Access" between July 1998 and March 2001. Literature announcing these training opportunities was targeted to librarians and library staff. The "Assistive Computer Technology for Library Access" training focused on key concepts related to internet-based library automation systems, access issues, basic capabilities using selected assistive computer technologies, and evaluation measures for determining the accessibility of web interfaces provided by different electronic library databases.
These two-day training courses provided Librarians and Library staff with hands-on experience in the use of assistive computer technologies typically found in the library setting. A total of ninety-three (93) participants attended the training. Of these participants, twenty-nine (29) individuals attending the training were librarians and/or library staff. The total training participants represented fifty-nine (59) of the one hundred and eight (108) California Community Colleges. The HTCTU is in the process of hiring new staff and, once this process is complete, expects to offer additional training for librarians and library staff.
During the Summer 2000 term, the HTCTU conducted a survey of eighteen (18) training participants representing California Community College Libraries. The purpose of the survey was to determine the present availability of assistive technologies and the perceived training and support needs of Librarians. Although the response rate from the survey was not sufficient to produce any valid findings, the information that was collected led to the creation of an audiovisual (VCR format video) resource intended to provide Librarians with basic information about assistive computer technology. The audiovisual resource material will be compiled and released during the Summer 2001 term. Librarians and/or Library staff that were unable to attend the training at the HTCTU may view the audiovisual material, and contact the HTCTU for additional assistance.
At the onsite of the training workshops, the HTCTU established a Listserv for Librarians interested in discussing issues related to the installation and a maintenance of assistive computer technologies in library settings. This Listserv provided a forum for follow-up communication and technical support among professionals interested in assistive computer technologies, strategies, and solutions in the Library setting.
In addition, Peggy Tate, a Specialist in the DSPS Unit in the Chancellor's Office made two presentations on access for students in the library setting. These presentations were: October 4, 2000 - Annual Library Deans and Directors Training (Sacramento, CA), DSPS Update, and November 9, 2000 - Library and Learning Resources Second Friday: Stay at Work Conference Series (Sacramento, CA) DSPS Update.
Funding Request for Library Access
The HTCTU, in cooperation with the Chancellor's Office, and Librarians throughout the State, formulated a comprehensive hardware and software list of assistive computer technologies needed in libraries and an associated budget for the statewide costs of these systems. The plan calls for spending approximately $11 million to provide three accessible workstations (one for the blind and visually impaired, one for the learning disabled, and one for those with limited manual dexterity) in each college library. This information was incorporated in the Budget Change Proposal requesting funding for the Technology II Strategic Plan, which Plan (requesting a total of $94 million in State funding) was not included in the Governor's proposed budget for 2001-2002. However, the Chancellor's Office and other groups within the community college system continue to advocate for its funding through the legislative budget process. If the Tech II Plan is not funded for 2001-2002, the Chancellor's Office believes that it is likely that funding will be sought again in future years and that the Tech II Plan will ultimately be funded in some form.
Annual DSPS
Reviews
The Chancellor's Office has developed a checklist which is used by the review teams conducting Disabled Students Programs and Services (DSPS) program reviews to ensure that they address information access issues for students with visual impairments. In addition, the Chancellor's Office is also using this same checklist when its contractor conducts civil rights reviews of vocational education programs at the colleges.
Once the Alternate Text Production Center is fully operational for the 2002-2003 academic year, the Chancellor's Office intends to conduct a survey of the California Community Colleges to determine the impact the activities of the Chancellor's Office have had on enhancing the abilities of the colleges in providing students with visual impairment access to print and computer-based information. This follow-up survey will document improvement in delivery of services and provide a comparison to the results of the original OCR survey conducted five years ago at the beginning of this OCR compliance review.
In closing the OCR monitoring stage of this compliance review, OCR wishes to thank the numerous individuals whose hard work and commitment to access have contributed so significantly to the accomplishments of the Chancellor's Office described herein. In particular, Vice-Chancellor/General Counsel Ralph Black and HTCTU Director Carl Brown, along with consultant and Assistive Technology Specialist Laurie Vasquez from Santa Barbara City College, have demonstrated initiative and leadership that has enabled the California Community Colleges to acquire a national reputation as a model and resource for other post-secondary educational institutions who are seeking to strategically and effectively serve a component of the student community that has been historically difficult to provide equal educational opportunity.
If you have any questions, please contact either Paul D. Grossman (415) 556-4275 or Sarah Hawthorne at (415) 556-4158.
Sincerely,
Stefan M. Rosenzweig
Director
San Francisco Enforcement Office
Western Division
cc: Ralph Black, Vice-Chancellor
General Counsel, Chancellor's Office
California Community Colleges
[1] Those colleges were Region II Sacramento City College (February 7), Region III Diablo Valley College (May 14), Contra Costa College (May 14), City College of San Francisco (May 22), Santa Rosa Junior College (June 24), Region IV San Jose City College (March 11), DeAnza College (March 11), Region V San Joaquin Delta College (May 13), Region VI Santa Monica College (April 17), Santa Barbara City College (April 21), Region VII Los Angeles City College (March 17), El Camino College (March 18), Region VIII Saddleback College (April 16), Region X San Diego City College (May 6), Palomar College (May 7). OCR also met with the President of Ventura College on October 16, 1997 to hear about its plans to establish a Braille Transcription Center.