Legal Ruling on Info Superhighway access (fwd)

[F. Pennell]

Here is an interesting ruling on access to the internet.

---------- Forwarded message ----------
Date: Mon, 18 Mar 1996 14:02:06 -0600
From: "(Gregg C. Vanderheiden via Post Office)" <po at trace.wisc.edu>
Reply-To: uaccess-l at trace.wisc.edu
To: Multiple recipients of list <uaccess-l at trace.wisc.edu>
Subject: Legal Ruling on Info Superhighway access

      ACCESS TO THE INFORMATION SUPERHIGHWAY

San Jose State University, Case No. 09-95-2206 (OCR 1996)

Recognizing that technological advancements are opening doors to
individuals with disabilities, and that colleges and universities stand at
the crossroads for ensuring meaningful access, OCR resolved a complaint
brought against a university by a sight impaired student who charged the
university with discrimination by failing to provide him with equal access
to the Internet. OCR underscored that merely providing a student with a
reader denies him equal opportunity as true access in this medium must
allow the user to explore the technology. Additionally, emphasis should be
placed upon providing auxiliary aids which foster the student=B9s
independence.

OCR based its ruling on both Section 504 and the ADA which prohibit
colleges and universities from providing any aid, benefit or service to
students with disabilities which is not =B3as effective as=B2 that provided
others.  Moreover, Title II of the ADA specifically provides that
communication with persons with disabilities must be as effective as
communications with others.  Thus, OCR reasoned that the issue is not
=B3whether the student with the disability is merely provided access, but th=
e
issue is rather the extent to which the communication is actually as
effective as that provided to others.=B2

Of particular interest is OCR=B9s opinion that =B3[a]n institution=B9s relia=
nce
on adaptive software to provide access includes a responsibility to provide
the special training necessary to teach the computer user with the
disability how to use such software programs.=B2 OCR commended the universit=
y
for its significant efforts in staying abreast of technological
developments.



-- -----------------------------------------------------
Gregg C. Vanderheiden Ph.D.
Trace R&D Center
Waisman Center and Dept of Industrial Engr.
University of Wisconsin - Madison   53705
gv at Trace.Wisc.Edu  ,   FAX 608 262-8848
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