On June 29, the US Departments of Justice and Education released a joint letter addressed to University and College Presidents nationwide.  The letter explained both the context and the resolution of the recent complaints regarding a pilot study by several colleges/university in the use of the Kindle DX electronic book reader. (http://www.ada.gov/kindle_ltr_eddoj.htm ) As noted in the letter:

“As a result, the universities agreed not to purchase, require, or recommend use of Kindle devices, or any other electronic book reader that is not accessible, unless reasonable accommodations are made.“

At issue in these complaints was the use of the Kindle units in the classroom setting when they are not usable for individuals who are blind or have significant visual impairments.  While there is a text-to-speech feature that allows the text to be read to the user, the menu that directs the user to the text they wish to use does not incorporate this feature and, thus, is not accessible (that is, a blind individual would be unable to access the menu that allows the user to navigate through the device).
The letter goes on to state that institutions of higher education have a duty, under federal law, to assure equal access to educational opportunities.  As technology becomes an increasingly integral part of higher education, that duty extends to assuring full access to and through that technology.  The sentence that created the greatest response from readers within the higher education community was this:

“It is unacceptable for universities to use emerging technology without insisting that this technology be accessible to all students.”

Some feel that the Departments have suggested their intent to inappropriately scrutinize and limit innovation in the use of new technology.  Others recognized that this stricture does not differ significantly from the long-standing requirement that new buildings and architectural advances must be accessible from the start (while existing structures are given more deference to be made accessible through “add-on” accommodations).  If technology is to be the infrastructure of higher education in the future (as it certainly provides the “architecture” of the online learning environment), then why should it not be subject to the same rules for new design and implementation as the brick-and-mortar buildings of the traditional campus?

There are also hints that the issue of ebook reader accessibility is only the beginning of a push by the Federal government to examine issues of access for students with disabilities.  At the June meeting of the National Association of College and University Attorneys, John Wodatch, the Director of DOJ’s Office of the ADA, encouraged colleges to be mindful of their policies and procedures for assuring access to their online learning offerings, suggesting this as another area that federal officials were examining.

Jane Jarrow is the President of Disability Compliance in Career and Online Learning and teaches a seminar for Sloan in its certificate track entitled “Accommodating Students with Disabilities: Leveraging the Online Environment.“