Accessibility of Digital Educational Materials

So, in case you didn't know, the U.S. Department of Education has a Office for Civil Rights (OCR) that's responsible for, among other things, enforcing the ADA (as it applies to public schools) and the IDEA (the special education law).

Last week, the OCR issued some policy guidance on the matter of digital educational materials.  They first tackled this issue in June 2010, when the OCR issued what they call a "Dear Colleague Letter" (a "DCL", and no, I have no idea where they came up with that naming system) on the issue of postsecondary institutions using e-books.  Last week's DCL basically updated the June 2010 policy guidance and clarified that the same principles apply to elementary and secondary schools.

What's the concern?  Well, with the increase in use of e-books - and technology in the classroom more generally - the OCR is reminding schools at all levels that they "must ensure equal access to the educational benefits and opportunities afforded by the technology and equal treatment in the use of the technology for all students, including students with disabilities".  If teachers are using an online software program to track homework assignments, or assigning reading in e-books in lieu of paper textbooks, then these technologies need to accessible to all students, even those who may have learning disabilities, vision impairments, or anything else.  It really shouldn't be surprising - this is basic non-discrimination under the ADA, and isn't new law. 



But the OCR nevertheless goes on to spell out several examples of where these principles apply.  They apply to all technologies, not just e-books; they apply to online applications and admissions; they apply to pilot and beta programs; they apply to (public) schools that might not currently have students with disabilities.

And not all emerging technologies are going to be immediately accessible.  The school's obligation is to think about accessibility *before* making any technology changes or purchases, and then if modifications or accommodations are necessary, the school must provide them so that the student with the disability has "access to the same opportunities and benefits in an equally effective and equally integrated manner".

Seems pretty straight-forward, right?  But let me play devil's advocate: if the school is using the Khan Academy's videos to teach math, and there's a vision impaired student who can't really see the videos, what then?  The school can't do much to make the videos more accessible - it's not their technology, and they didn't even spend money on it.  The Khan Academy is under no legal obligation to provide video description for the vision impaired - it's a non-profit, not subject to the ADA in any way that I can see, and provides its videos to anyone for free. The videos would still have the audio component, which would be perhaps helpful to a blind student, but that student would miss the extensive sketches and visual components that make the math tutorials so effective.

Hard question.  What do you think?