Video/Audio Files

The use of videos and audio in instruction is a key part of an online course. People with visual/audio disabilities will have a challenging time using this instruction unless it is accessibly compliant. Many instructors believe that it is OK to put up a video with no accessibility. The thought is, making accessible is not my job AND if a student in my course has accessibility needs they can simply contact Disability Services and everything will be taken fine.

Past legal challenges supported this concept. However, new ones now support the students with disabilities. Frequently, instruction is time sensitive...it can't wait. Having Disability Services assist the student does work. However, recent clarifications by the U.S. Department of Education Dear Colleague Letter, June 29, 2010 (DCL) states that students should have "substantially equivalent ease of use" and students without disabilities.

“Under this definition, these students must be afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as sighted students. In addition, although this might not result in identical ease of use compared to that of students without disabilities, it still must ensure equal access to the educational benefits and opportunities afforded by the technology and equal treatment in the use of such technology. The DCL uses the term ‘substantially equivalent ease of use’ to describe this concept.” EDUCAUSE, Jarret Cummings, May 26, 2011.

Further on page 4 of the Office of Civil Rights FAQ, it mentions that the new guidelines apply to online courses. Colleges should answer three questions to ensure accessibility:

Are all the educational opportunities and benefits available through the use of the technology equally available to students with disabilities through the use of accommodations?
Are the educational opportunities and benefits provided to students with disabilities in as timely a manner as those provided to students without disabilities?
Will it be more difficult for students with disabilities to obtain the educational opportunities and benefits than it is for students without disabilities?

The bottom line is that it is best to provide accessibility features in online instruction when the material is published rather than wait for a student with disabilities to enroll. Failure to do so may result potential exposure to lawsuits.