Wednesday, September 13, 2023

ADA Title II Regs... IMPORTANT!

 Michael Barbour's blog Virtual School Meanderings gets a lot more visitors than this blog. It helps that he posts multiple times daily. I asked for him to address this topic and he offered me a guest spot on is blog.


Guest Blog Entry: ADA Title II Regs… IMPORTANT! | Virtual School Meanderings (wordpress.com)

Thursday, August 24, 2023

From Virtual School Meanderings: Who Are These Experts?

I'll spill and admit I was one of the members of the discussion that Michael writes about in this post.

This is not the first time I've read an article where a university professor is designated, in the article as an expert on virtual education, had minimum or negligible creds in the particular field, and normally they're used to insert a negative perspective. 

Michael raises the issue in  Virtual School Meanderings Aug 24

Thursday, January 26, 2023

A Podcast: What is True Accessibility

 I was interviewed for this EdUp podcast.  I was, as you'll see, pretty freewheeling. I was told not to prepare, and so that's how I went into it.

But I like the YouTube version better. EdUp didn't caption the session. You'll hear me get into that, but you can use the YouTube captioning with this version.

Monday, September 19, 2022

Texas Legislative Commission on Virtual Education Written Testimony


Raymond M. Rose

Public Policy Chair, Texas Digital Learning Association

Digital Accessibility Certificate Program Design and Delivery Team

 

Just a little background so you know who I am. I have been involved in virtual education in K-12 since its start. I was part of the team that created the country’s first virtual high school, VHS. But I had been directing one of the first teacher professional development projects funded by the National Science Foundation (NSF) before that. Before getting involved with virtual education, I had been a junior high science teacher, and a high school guidance counselor before becoming a Civil Rights Specialist for the Massachusetts Department of Education, and then trainer and manager for the regional desegregation assistance center covering New England.

In 2007, as a member of the North American Council for Online Learning (NACOL) Research Committee, I co-authored Access and Equity in Online Classes and Virtual Schools. We knew there was no guidance for the field. Ours was the first publication in the country addressing accessibility issues in online education. In doing the research for that publication, we discovered a school district that had established a policy that students with Individual Education Plans (IEPs) were not allowed to take an online course. The Office for Civil Rights cited the school district for violation of Section 504 of the Rehabilitation Act of 1973. Unfortunately, we continue to find reports of public schools that have an enrollment policy, yet deny students with IEPs the ability to enroll in online learning opportunities. It’s also relevant to note that the three earliest virtual education programs in the country, Florida Virtual, Kentucky Virtual, and the Virtual High School, have all enrolled students with disabilities from their inception.

Unfortunately, there was little interest in accessibility or that 2007 publication. I presented at NACOL conferences and at other educational conferences on accessibility whenever I could. Interest in digital accessibility was slow to happen in K-12, but moved a bit faster in higher education.

In 2012, the Texas Department of Information Resources, required Texas state agencies and the institutions of higher education to designate an Electronic Information Resources Accessibility Coordinator, though it has taken some institutions until recently to comply.

By 2014, NACOL, now the International Association for K-12 Online Learning  (iNACOL), asked me to write an update so I researched and authored Access and Equity for All Learners in Blended and Online Education became a reality. By that time, there was more interest in the importance and understanding of the need for accessibility. In 2010, the US Department of Education sent a Dear Colleague letter to the presidents of colleges and universities to address accessibility issues with electronic book readers.  That letter stated:

 …universities agreed not to purchase, require, or recommend use of the Kindle DX, or any other dedicated electronic book reader, unless or until the device is fully accessible to individuals who are blind or have low vision, or the universities provide reasonable accommodation or modification so that a student can acquire the same information, engage in the same interactions, and enjoy the same services as sighted students with substantially equivalent ease of use.

Then in 2011, in another letter to K-12 superintendents, they said the 2010 letter also applied to school districts and they issued another letter to provide more information. It also said, among other things:

Schools should begin by considering accessibility issues up front, when they are deciding whether to create or acquire emerging technology and when they are planning how the technology will be used.  To that end, schools should include accessibility requirements and analyses as part of their acquisition procedures.

In my experience, this is largely ignored in K-12 education. When OCR investigations find schools using digital resources that are not fully accessible, the school district will be cited for non-compliance with Section 504.

2014 saw an increase in enforcement of Section 504, especially as related to online accessibility issues. In the compliance reviews, OCR stated their operational definition of accessibility, which is a clarification of the 2010 letter. It states:

Those with a disability are able to acquire the same information and engage in the same interaction -- and within the same time frame – as those without disabilities.

While it’s easy to say schools need to review all digital materials for accessibility before purchase or use, the scramble for digital resources at the start of the pandemic showed how little accessibility was a consideration in the selection of digital resources.

One question is: when do schools (teachers and school leaders) learn about the OCR definition of accessibility or how to review materials for accessibility? The short answer is they don’t. TEA’s certification requirements for teachers and school leaders drive the Educational Preparation Program and Education Leadership curriculums and yet do not include specific mention of digital accessibility.

School districts are required by Section 504 to identify a Section 504 Coordinator. That role is normally just added to the existing Special Education Director’s job description. But, in the place where educators might be exposed to Section 504 regulations, special education preparation, it is generally treated as just like special education. Professional development programs must focus on all aspects of Section 504 to ensure school leaders and those assigned to the role of Section 504 Coordinator have a comprehensive understanding of the regulations and implications of Section 504, especially as it concerns digital accessibility.

New teachers don’t have the knowledge nor the time to add another task to their lives. One solution is the building of high-quality professional development programs for practicing teachers and school leaders. One that will introduce accessibility legislation and provide them with the skills to conduct accessibility reviews of digital resources. And, to make clear that it is morally, ethically, and most importantly, legally inappropriate to deny any student with a disability access to virtual education or digital resources. 

Wednesday, May 18, 2022

It's been a while -- about time to catch up

I've been slipping, and not posting. There have been a variety of things worth posting.  So, I'll make this a series of things that should have been posted over the past months.

Here's an article that I co-authored with Mary Rice. It's a result of a session we did together at DLAC 2022. Connecting accessibility, third-party curriculum and student success

School districts must carefully vet digital resources to ensure IDEA compliance, two learning accessibility advocates write. 

The US Department of Justice posted Guidance on Web Accessibility and the ADA.  

There's nothing new in the guidance. It's the same things that we've been talking about for years. But, it is nice to have DoJ reiterate them.  And in that post there's some examples of issues, again, no surprises but useful information when you want to show examples.

The Texas Legislature, established the Texas Commission on Virtual Education

The commission was established to develop and make recommendations regarding the delivery of virtual education in the public school system and state funding for virtual education under the Foundation School Program. Tphe Commission has to prepare a report to deliver to the next Legislative session that begins in January 2023. They hold monthly meetings which are streamed, and the past meetings are available on the website. Mary Rice and I will be making a presentation to the Commission at it's May 25th session.

There's a nice TCEA blog post: How to Encourage Digital Accessibility written by Miguel Guhlin after we had a few email exchanges. 

I think this is a significant blog post for TCEA. I've been trying to get some visibility for digital accessibility within TCEA for years and I count this as a significant win.


Friday, October 01, 2021

Illinois Passes Law to Require Digital Accessibility in all K-12 Schools (from the DLC)

Here's a blog post I wrote for the Digital Learning Collaborative.


Illinois Passes Law to Require Digital Accessibility in all K-12 Schools 


BY RAYMOND ROSE
Raymond Rose is the Public Policy Chair for the Texas Distance Learning Association, and a member of the development and implementation team for their Digital Accessibility Certificate program. He has been involved in online learning for almost three decades.

On September 2 Governor Pritzker signed Illinois House Bill 26. The new law is designed to make digital content on third-party curriculum used in K-12 schools fully accessible to individuals with disabilities. In some respects, it echoes the current federal legislation Title II of the ADA, and Section 504 of the Rehabilitation Act. But it doesn’t go as far as the Federal statues do.

HB 26 specifically applies to third-party curriculum provided through the Internet. It would appear that the law does not apply to digital resources or curriculum developed by the school.

Sec. 10-20.75.part (b) of the statute specifies the “school district must require that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines.” WCAG 2.1 AA is the current enforcement standard used by the US Department of Education’s Office for Civil Rights (OCR). While Illinois HB 26 specifically applies to third-party digital content the Federal legislation, ADA and Section 504, applies to all digital content, both third-party and locally developed content, used by the schools.

I’ll be curious to see what the state will consider adequate for the requirement. OCR does not consider it sufficient that a school district simply includes in all contracts with third-party vendors that their product meets WCAG 2.1 AA standards. The expectation is that the academic institution be active in reviewing digital resources for accessibility. I am party to discussions from higher education accessibility folks. And, while a number of colleges and universities do include a contract requirement it appears that often the digital resource will only partially meet the standard and then the institution will work with the vendor to make the product accessible so they can purchase it.

I believe that to meet HB 26 school districts will need to create a vendor review process. Many school districts probably already do content and technical reviews of potential digital curriculum resources, but they will now need to have staff with the knowledge of accessibility and specifically WCAG 2.1 AA who review digital resources before a contract is signed.

In 2010 the US Department of Education’s Office for Civil Rights sent a Dear Colleague letter to all school superintendents that describes their interpretation of the ADA and Section 504. OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104, which prohibit discrimination on the basis of disability by recipients of Federal financial assistance. OCR is also responsible for enforcing Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35, which prohibits discrimination on the basis of disability by public entities.

HB 26 goes into effect August 1, 2022. WCAG 3.0 is currently in draft and might be available before that. HB 26 says that the standard will be WCAG 2.1 AA or “any revised version of the guidelines”. As school districts develop their plans for review of digital resources, they should not avoid looking at the 3.0 standard.

There are resources to help accessibility reviews and there are organizations that provide training on digital accessibility and there are others that will, for a fee, conduct accessibility reviews. In addition, there are companies that offer overlays that are supposed to ensure that website content is fully accessible; but be very careful because there have been problems with some overlay services.

Given that HB 26 doesn’t go farther than current federal regulations, and in some ways doesn’t even go as far, it’s unclear as to why the state legislature passed the law. The law seems to have received some media attention, and the governor was quoted as saying “As online educational tools become further integrated into school curriculums, we need to be sure that these tools are properly addressing the needs of all the students and families they’re designed to serve.” Therefore, at the very least, the attention given to the law’s passage has raised the issue of accessibility for students with disabilities.

The bottom line, for all academic institutions across the United States is that all digital resources need to be accessible to all people with disabilities. While Illinois HB 26 focuses on third-party curriculum products, the Federal legislation applies to all digital resources, even if developed in-house.

Wednesday, September 01, 2021

Contacting Policy Makers -- Will it Make a Difference?

 I've been having a discussion with some colleagues about what it will take to get some changes in both the way we prepare folks to run our k-12 schools and how we get them to understand more about online learning. 

We've seen, over the past year and a half, that educational leaders in general, don't have a good idea of what high-quality online learning looks like, or what it takes to make it happen.  Our past experience with emergency remote instruction (sometimes called virtual education) was generally not the best experience.  

(I do try to mention, when I have the opportunity, that not all on-campus learning experiences are wonderful.)

What is clear, there's been little preparation in teacher preservice education or in educational leadership programs that helped to prepare the education community for a totally virtual experience.

One colleague suggested that the state legislative education committees might be a way to influence policy.  Hmmm.  So, this week I sent a message to every member of both the Texas Senate and House education committees.  But since I'm not in any of their districts it will be interesting to see if there's even an acknowledgment.

Here's the message:

Distance learning, correspondence course, virtual learning, online learning, emergency remote learning, Zoom school. Do those terms each bring to mind a different image of education? In 1960 a computer-based instruction, called Plato began. In 1995 I was part of the team that created the first virtual high school in the United States.  Virtual instruction has been well researched and has refined and improved in quality over the past two-plus decades. There are quality standards for virtual education.

Unfortunately, the COVID pandemic forced schools to abandon what they knew best how to do, and rushed into emergency remote learning, often with little though and planning. Students and teachers were asked to do things they were totally unfamiliar with. It is not surprising then that emergency remote learning was not as successful as on-campus instruction. 

But, emergency remote learning was not and will not be the same as virtual schooling. There are many different approaches to virtual education, some are synchronous, the longer established are more often asynchronous. There are studies of virtual education programs that report no significant difference in student learning between online and on-campus learning. There has been little research that evaluates the issues with emergency remote learning. Like with virtual education, there are many flavors of emergency remote learning and trying to paint them all with the same brush does a disservice to the field.

My purpose in writing is point out that policies that use the term virtual or online education as a catch-all, are mixing the good, long-established, and studied programs with the hurriedly put together emergency remote instruction.

Language is important. Quality is important. Experience contributes to high quality online learning. Not all online learning is of high quality. Not all on-campus learning is of high quality. But there are wonderful, high-quality examples of learning in both approaches. Please don’t prevent schools from replicating or creating high quality online learning programs. The students will benefit.

Tuesday, March 30, 2021

In Massachusetts Vocational Schools Become The Latest Front In The Battle For Educational Equity

 

The headline in the Boston Globe magazine read Civil Rights groups urge state to change ‘discriminatory’ vocational school admissions policies to lottery. I had to read it. I was a Civil Rights Specialist with the Massachusetts Department of Education 1978-1980. I had a role in reviewing the admissions policies for the public regional vocational-technical high schools.

At the time, many of the VocTechs had a set of hoops students had to go thru to get accepted. One was a Differential Aptitude Test (DAT).  At the time, the test had separate scoring for males and females. It had been normed by having adults in a variety fields take the test and then creating profiles for them. It was never designed to be a screening test. That it had separate norms made its use questionable. That it was never designed to predict success in a field made its use questionable. That it had been normed on adults rather than junior high and senior high school students made its use questionable. As a result we said the DAT could not use as part of the admission screening process for VocTechs.

The Massachusetts Department of Education had a role then, in working to ensure that VocTech admissions were free of bias. We worked with those programs to ensure that all programs were open without regard to student’s race, sex, color, or national origin. The department was also working to ensure that students with IEPs were not arbitrarily excluded from admission.

At the time I was with the Department Greg Anrig was the Commissioner, and he wanted the Department to monitor LEA compliance. That approach didn’t sit well with the Superintendents who were on having to ensure that their programs were in compliance with state and federal legislation. The next Commissioner had been a Superintendent and was determined to take the Department out of the role of compliance monitor.

I believe that empowered Superintendents and significantly undermined the role of the Department. And, looking at the Globe report, I’d say the Dept of Education has continued to avoid protecting  students of color, low-income students, students with disabilities, and English learners.

Friday, February 05, 2021

How to Become a Critical Reader of Online Research

Distance education has existed for a long time. Think correspondence courses and the pony express. Education at a distance has evolved as new technologies have been created. Radio and television played a role in distance education sometimes used to reach students who were unable to attend classes in a brick-and-mortar setting. Often the technology has been used to attempt to reflect as close as possible the traditional instructional brick-and-mortar models. Early email instruction resembled first correspondence and then lecture classes.  In the mid-90s a new approach to education at a distance provided an alternative to the synchronous satellite television and proliferation of satellite dishes that were used to show that the school was advanced.

Virtual education started, not as a replacement for the brick-and-mortar school but as a supplement. And primarily was asynchronous. Quick move to 2020 and the COVID pandemic where schools were closed to help prevent the spread of the disease. Because virtual education had grown from the first few programs to over thousands of schools and programs reaching millions of students and there were many different approaches to online learning in play, school leaders quickly instituted remote learning options generally with little thought to preparing or supporting teachers to operate in this new environment (and I use the term “remote learning,” and not “online learning” here purposefully). Sometimes they looked critically at the distance learning field, but more likely just felt if there were lots of virtual education programs it had to be easy.

Recently we’re seeing a good deal written about remote instruction with much of it being critical. Rightly so. What was missing, was the clear statements that online learning isn’t as simple as posting PowerPoint slides online or recreating the brick-and-mortar class activities in Zoom. And some of that needs to be owned by stakeholders in the field of virtual schooling at all levels who have been involved for over two decades, was what is actually required to provide quality online learning experiences. There are now a myriad of approaches to online learning. There is not a single instructional approach. But if you don’t study online learning broadly then it’s like the blindfolded feeling the elephant and having a limited experience but thinking they know what an elephant is like.

The educational research on distance education, online learning, and remote learning all suffers from the same problem. Many researchers will report their results as generic for all online or remote learning contexts. That paints the field with a very wide brush and the research tends to reflect the inherent biases of the researcher. There is a limited amount of research findings for many different approaches, but seldom does the research describe the approach used for the subject of the research.

Selective use of research to write about online, virtual, or remote learning can paint most any picture the writer wishes to portray.  And then, that research is used to present a generic view of the learning, without characterizing the specific approach or stating that they are not talking about the entire field. In many instances the author themselves have such limited knowledge of the broader field they don’t even know what they don’t know.

It is impossible, within the current range of research on online, virtual, or remote learning to make blanket statements about the field beyond the observation that online and hybrid instruction can deliver strong results, but like anything in education there is no guarantee of good outcomes. No matter what the claim, there’s always some study that shows a conflicting result. Any claim about the field, other than to point to the diversity, needs to be tempered with some qualifying statements. A critical look at the tenor of an article can actually provide the reader with a sense of the bias of the writer in most cases. A knowledgeable writer will state their bias or experiences to help provide transparency and provide the reader with perspective.

Friday, January 08, 2021

Teacher Educator Technology Competencies (TETCs)

Teacher Educator Technology Competencies (TETCs)

 The TETCs should be viewed as a first step in a larger reform effort to better address technology integration in teacher preparation programs. The release of the TETCs provides future research opportunities including, but not limited to, implications for course design, relevant faculty development for teacher educators, and policy implications.


The TETCs have been written by insiders, and seemingly for insiders.  

There’s a lot hidden between the lines. The problem with that is that while it makes it easier to write a set of competencies with a team of people with different experiences and expertise, it is sometimes harder to know what the ideal would look like. 

The TETCs were supported by a number of organizations:

·         The United States Department of Education Office of Educational Technology (US DoE)

·         International Society of Technology in Education (ISTE)

·         Society for Information Technology and Teacher Education (SITE)

·         Council for the Accreditation of Educator Preparation (CAEP)

·         National Technology Leadership Coalition (NTLC)

·         American Association of Colleges of Teacher Education (AACTE)

But what’s missing may have, in part, been determined by who’s missing.

When I look at the competencies, I see issues not addressed which are important components of  K-12 education  Here are terms I’d hope to see used in the next iteration of these competencies:

·         Accessibility,

·         Adaptive technology,

·         Disability,

·         Equity Online learning,

·         WCAG,

I know that the curriculum in teacher educator programs is largely determined by the state education agency (SEA) and their certification and program standards. That, unfortunately doesn’t guarantee it to be relevant to today.   When I was teaching the required instructional technology course in an undergrad educator prep program, I recommended that we incorporate instructional technology into the other courses as a way of having an option for a new course.  I proposed that I’d create the instructional technology modules for the other courses.  My offer was declined because the other professors weren’t interested in seeing that happen.  So instructional technology was siloed rather than integrated.   While I can see that the TETCs might be seen as encouraging integration within teacher education programs, it’s not explicit. 

I don’t see how the TETCs help teachers select the best tech tools for remote instruction.  One survey asked teachers how they selected the tools they used for during Spring 2020.  The overwhelming response was ease of teacher use, not student learning.  Administrators threw remote instruction onto teachers without support, and many districts still didn’t provide professional development for teacher use of remote instruction tools over the summer.  Did they not know that technology does require training and support, and remote teaching isn’t just something to be picked up and happen magically?  It’s no wonder many students and parents have been frustrated by the remote learning experience.

 


Thursday, December 03, 2020

This is what journalistic malpractice looks like

John Watson from DLC and I collaborated on this latest blog post from DLC. (If you don't follow them you should.)  And this saves me from writing a post today, which was on my to-do list.


 

Monday, November 02, 2020

Happenings

Accessibility for All K-12 Students in Remote Learning

I had announced this webinar was happening before it took place, but then never posted the actual event.  You can watch the webinar.

the presenters on the webinar

It was fun to present with Mary Rice again.
Here's the direct link: https://youtu.be/5q1ondOKuUI

How to Become an Instructional Designer: 13 Experts Give Their 3 Key Tips

A colleague asked me to be part of this blog post.  I have had an interesting relationship with instructional designers, especially when it comes to online courses.  In the early years of virtual education my complaint with IDs was a lack of awareness about online pedagogy.

 I have seen the work of some instructional designers who were most interested in making their product "pretty".  And that seemed to be the focus of their ID preparation.  It has taken the ID preparation programs some time to understand that pretty doesn't always mean effective instruction.  It is also now expected, at least by me, that IDs know about and can implement fully accessible online courses.

Instructional designers have recently been seen as essential as higher education has been forced to present instruction remotely.  Institutions that had instructional designers to help with online course development were suddenly the critical element in supporting or creating remote and online instruction for every educational element of the institution.



I think Scott selected the photo of me with a koala to make me look more cuddly.

 https://myelearningworld.com/how-to-become-an-instructional-designer-tips/



Wednesday, June 10, 2020

What Is Your Organization Saying About Racial Justice (Equity)

There have been a variety of statements written in the past few weeks about the systemic racism that has been

recognized and acknowledged by a variety of educational organizations. Friend and colleague Michael Barbour posted the ones he was seeing on his blog Virtual School Meanderings.  He posts, for information purposes, the messages he gets. I get many of the same, but look through his blog to find the full texts of the few I’d like to highlight.


The “thoughts and prayers” comments used, especially by politicians after mass shootings – rather than a commitment to action were not used this time. But organizations have claimed to be allies to Black Lives Matter, condemning racism. What’s interesting is the vow to continue keeping on.

Which organizations would you prefer to support?

  •  Saying “Black Lives Matter” simply is not enough. As a community of researchers, we must unite to take bold, evidence-based action that exposes and ultimately ends the catastrophic police killings of unarmed Black people. AERA has issued calls like these before, sadly far too often. Our Executive Director Felice Levine and I welcome your suggestions for ways AERA members across divisions, SIGs, and committees can unite to have a collective impact on this issue. We intend to use the influence of AERA to move ahead.
  • We recognize that our Black colleagues are hurting, and are mindful of the pain and trauma these ongoing events cause. Know that we stand in solidarity with you and are working diligently to address how to move forward as an organization, mindful as well that our field must also move forward with us. In the interim, we reach out with words of encouragement and support to you and your loved ones. The world may be burning both literally and figuratively, but we are committed to the possibilities for transformation and making UCEA a more responsive, reflexive, and just community for all our Black brothers, sisters, and siblings
  •  The Christensen Institute stands in solidarity with the Black community in condemning racism, hate, and injustice in our country. We stand alongside those who support a more equitable and just country in which Black lives matter and an education system in which students of color thrive.
Our education team works hard to identify and analyze promising innovations that could unlock more student-centered systems. We are committed to finding and understanding new approaches to undo entrenched practices and build an equitable education system that enables learners, particularly those from marginalized communities, to reach their fullest potential.
 
We commit to holding ourselves to account. To that end, we are reading, listening, learning, and partnering with experts who can help us to examine our own organizational practices to root out the biases that affect our work. We invite feedback and hope to engage in open dialogue as we move forward on this journey.
  • The Aurora Institute stands with communities of color, especially Black communities, as we all grapple with the systemic racism and the unthinkable traumas playing out on the national stage today. While the heartbreaking death of George Floyd and the protests have arrested our attention, and perhaps only momentarily, we know that Black and Brown communities contend with these injustices on a daily basis

And then I got this one…

 (Highlander Institute) We as white leaders can no longer claim to be part of the solution while simultaneously sitting on the sidelines, and so, we commit to the following:

    1.  We will become more aware of and attuned to our white privilege. Until we – as white educators – put in the effort to understand how our identity as white adults impacts our behavior on a daily basis, we cannot make progress toward challenging policies and systems that perpetuate our privilege.
    2. We will cede power and make room for Black and brown people to lead – both within and outside our organization. We stand in solidarity with our BIPOC (Black, Indigenous, and People of Color) colleagues, who come to the table with expertise and funds of knowledge beyond our capabilities as white leaders. We will amplify and elevate Black-led organizations by using our platform to showcase organizations that are doing this work through the lens of lived experience.
    3. We will listen, show empathy, and take action in the form of learning. There are so many resources guiding white people on how to show up for Black colleagues, students, and families. We will buy the books, read the articles, attend the workshops, and act on our new learning. [Diversity Talks is offering free online professional learning for white teachers this summer. Equity Institute has released a statement titled, “Racial Equity and Justice. Now.”]. We will follow Black education leaders on Twitter, and honor their perspectives by liking and retweeting their work without inserting ourselves. We will readread, and then read some more.
    4. Finally, we will engage in difficult, uncomfortable conversations that hold ourselves and other white people accountable for our statements, biases, actions, and inaction. We will engage in these conversations with humility, compassion, and a commitment to supporting the journey of others as well as our own.

And one that I didn’t see on Michael’s blog and this is only the final paragraphs of the message from John von Knorring President and Publisher Stylus Publishing

It’s now time not for reaction, but action. 

In whatever sphere we operate, as employees; employers of service workers; users of gig services; business owners; educators; buyers of food, goods, and services; sports fans; citizens; and voter s, we need to be aware of the conditions under which people are working and whether they have opportunities for advancement or to earn a living wage, and whether these conditions of work are equitable across race.

If they are not, complain; call them out; write to the CEO; move your support

While this is a personal statement, it reflects the collective sentiments and views of Stylus’s staff and their commitment to equity and social justice, and who are working on a company-wide response. For my part, I will, beyond the work I do, keep this conversation to the fore within my family and social circle; work to influence my local community; and push my local, state, and federal representatives to work for equity and dismantle the racist structures that discriminate against Black and Brown people.  to a different business; get on social media; get out and demonstrate (with social distancing); call your local, state, or federal representative. We can no longer afford, for the sake of our democracy and society, to be complicit. Bottom line: we white people MUST DO SOMETHING!

(The entire statement is here

If you’ve gotten this far, please take action when you receive a message like these. Let them know you support them or help them understand why what they are saying isn’t sufficient.  And if they need help knowing what to do


send this link 75 Things White People Can Do for Racial Justice



Thursday, June 04, 2020

How to Achieve Equity of Opportunity When Access Isn’t Equal

Last week Kelsey Ortiz from iDAC at Kansas University and I figuratively sat down with Jason Mitchel to do a podcast as part of the Opportunity Thrives series.

Our Session:  How to Achieve Equity of Opportunity when Access Isn't Equal was enjoyable.  You'll have to listen (or read) to see if it was any good.  One thing I was able to accomplish in the process was to encourage Sarah Williamson, the podcast's producer, to include a transcript with the podcast to make it more accessible.

Sarah says she will make a transcript for all her podcasts and is even going to generate transcripts for the previously recorded podcasts.  It's nice to know that I was able to have that influence.  If you are making podcasts, please produce a podcast transcript and make the podcast more accessible.

  Here's the link to the podcast. https://opportunitythrives.com/how-to-achieve-equity-of-opportunity-when-access-isnt-equal/


Tuesday, May 19, 2020

Monday, May 18, 2020

2020-2021 School Year


I do not believe, even with states trying to loosen up, that all K-12 schools will be back to the pre-pandemic normal. K-12 schools and higher ed institutions should be planning for improvement and continuation of some form of remote instruction. This year many school districts threw together some form of remote learning – or just expected the teachers to pivot into remote instruction -- with very little guidance.

Failure to plan now will make the 2020-2021 academic year a time of watching students fall further behind in their learning. Failure to plan now for services to students with disabilities could have a serious negative impact on those students’ lives.

There has been simple guidance like; do not do 3 hours of Zoom school. Research says don’t regularly do what might be a high school class period (~50 minutes) lecture on Zoom. There are ways to make a Zoom session more than a lecture and make it more appropriate as a learning tool. Because the traditional classes were all synchronous doesn’t mean that the remote teaching needs to be synchronous. There are benefits to asynchronous instruction, but that would have required some professional development and support for the teachers.

There is time for school districts and teachers to prepare for the 2020-2021 school year.  It will likely be unlike any school start in history.  The more schools and teachers can do to prepare for remote and online teaching the better, both for them and for all their students.

Even though the President wants schools to open now, I don’t think he’s considering the teachers, administrators, specialists, and staff that make the schools work.  Many of those folks are in high-risk categories, and while youth don’t seem as susceptible to the virus, it’s unclear how effective they are as carriers. And not only can they get the COVIS-19 virus, but there are limited instances of children showing a syndrome like Kawasaki disease and unfortunately some fatal incidents. 
Beyond that, thoughts about extending the school year or school day don’t take into account existing teacher contracts. Suggestions for lowering class size doesn’t account for the extra classroom space and additional teachers that would entail.

School leaders need to be planning for something other than “business as normal” and help prepare teachers for another period of remote learning. They also need to be planning on how to provide the services to meet student IEPs. The 2020-2021 school year requires planning that needs to be happening now.

Thursday, April 30, 2020

Website Developers Pay Attention, You May Be Liable If Your Website Is Not Fully Accessible

Here's an interesting case from a Superior Court in California.  That makes this a narrow ruling.  But, worth paying attention to if you develop websites.

The decision should have website developers paying much more attention to accessibility.  In the case there were:
allegations that the developer knowingly failed to do the design and testing activities needed to deliver an accessible website. It is significant that the alleged fraud included that false claim that automated testing of the website would be sufficient.
The case uses both the ADA and California's Unruh Act, so the Unruh component won't carry across state lines.  ADA of course will.

What's interesting to me, and got my attention is that Attorney Hunt in this posting also suggests a risk to those who sell remediation and consulting services to remediate websites.  When OCR determines there's accessibility issues with a school district website, they will require remediation and ask that an outside consultant be identified to help bring the website into conformance with WCAG 2.1 AA standards

The ruling makes it clear that just using automated testing of a website is not sufficient.  I like to use the WAVE web accessibility tool browser add-in.  It is always with me for every website I visit, and produces a simple report identifying errors.  There's also a detail of the errors, but the basic report makes the point, and it's not me saying there are problems.



But this case makes it clear that a web development contract that includes accessibility as a requirement needs to do more than using an automated tool to ensure full accessibility in compliance with ADA.

Website developers need to know and understand WCAG 2.1 AA standards more than ever.


Monday, April 06, 2020

5 Minutes on K-12 Online Learning with Ray Rose


Michael Barbour interviewed me for his 5 Minutes series on his Virtual School Meanderings Blog.
Watch the video here.

Catch all the videos, by clicking here.  Michael continues to add to the series.  And if you care about K-12 online learning you should be subscribed to Michael's Blog.  He posts almost daily, sometimes more than daily.

Monday, March 30, 2020

COVID-19 Schooling. Protecting the Civil Rights of Students with IEPs


It’s hard to know just what’s happening with schooling these days because the language in the press and elsewhere isn’t precise.  Just because a Governor has declared school closed, what does that mean?

 I have classified the different types of closures.  There’s the basic one I think everyone is familiar with: school is closed.  That normally is short term and for something like a weather event; ide storm, tornado, snow, hurricane, etc.  But some schools have created “Snow Days” where they ask teachers to prepare materials for students to do when there is a cancellation of classes because of weather.

 Now we have a situation also called school cancellation but what it really means in some states is that school buildings are closed – but there may or may not be some form of remote learning. 
Because education is a function of each state, what is happening during the COVID-19 pandemic can be very different.  Some states have basically cancelled school (all classes) for a time.  Others expect some form of remote learning to be taking place.  State education laws and legislative actions are a big reason for the differences.  Because of that, and the lack of advanced preparation for something as unexpected as this situation, there are lots of questions. 

The US Dept of Education has tried to provide guidance in particular for students with special needs.  But, I have heard from a number of very well educated colleagues who find the guidance unclear.   I’m going to attempt to clarify the situation with this post.  It is hard to be specific because of differences in state law, and because there is great variability in the needs of students with IEPs.  Every IEP should be tailored to serve the specific needs of the student.

What is happening for all the students in what I’ll call regular education (typical classrooms)?  If the students are on break – there’s no instruction happening, students aren’t required to do any educational activities – then there’s no requirement for schools to provide services for special needs students.
If a school district closes its schools and does not provide any educational services to the general student population, then a school would not be required to provide services to students with disabilities during that same period of time. Once school resumes, the school must return to providing special education and related services to students with disabilities in accordance with the student’s IEP or, for students entitled to FAPE under Section 504, consistent with any plan developed to meet the requirements of Section 504.

UNLESS – if the student’s IEP specifies ongoing services that are necessary to protect the student’s mental or physical health, I argue that the school has a moral, ethical, and potentially legal obligation to continue provide those services to the extent possible.

If an LEA continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE. (34 CFR §§ 104.4, 104.33 (Section 504) and 28 CFR § 35.130 (Title II of the ADA)). SEAs, LEAs, and schools must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s IEP developed under IDEA, or a plan developed under Section 504. (34 CFR §§ 300.101 and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504))

If there are instructional activities for the regular education students, then students with IEPs should be getting services that match.   Most students with IEPs are integrated into the pre-COVIS-19 regular classes for some if not all of the day.  Students with IEPs should be getting the same educational opportunities.

States where the expectation is that students will continue with some form of remote learning may have defined the instructional time requirement, and may have identified the type of documentation they need to provide to the state.  Most states have a defined school year, sometimes 180 days, sometimes converted the 180-day requirement into hours to give school districts more flexibility.

Depending on state law, it may be necessary for school districts to reach that required instructional time to get state funding.  States may provide some waiver of that requirement, but it may take state legislative action to accomplish that.   Whatever the expectation is for the regular education student, the same expectation would exist for students with IEPs unless there had been a previous reduction in instructional time in the student’s IEP. 

Here’s where it gets tricky for school districts serving students with IEPs.  The mode of delivery of service changes with remote instruction.  For the moment assume that the school is using ZOOM video conferencing, and other online delivery.  If the IEP didn’t already state that as one of the service delivery methods, ED recommends that there be a revision in the IEP to reflect the new instruction.  Of course, a school cannot make a change like that without having parental sign-off on the change.  ED is clear that the change in IEP does not require a face-to-face meeting, but does require there be an appropriate paper trail to support the change. 

There can be students who, in the traditional classroom had no significant difficulty with instruction and learning, but with the shift to this new remote instruction, are having difficulties.  Just as in pre-COVIS-19 education, when a student is having difficulties there’s an assessment to see if the student needs other supports, the same should happen with this new situation.  There’s hope that schools resume their traditional education practice, but using that as an excuse to avoid looking for ways to support students having difficulties in the new remote instruction environment is not acceptable.  
While the Federal legislation is steady and U.S. Dept of Ed guidance seems to be consistent, what’s happening in the schools seems to be still evolving, especially as it’s clear the social distancing will continue for at least another month. 

Here are links for guidance from the US Dept of Education:




OCR Short Webinar on Online Education and Website Accessibility


And a selection of news articles on the topic:







And a specific example of the evolving guidance: Mass students with IEPS must have remote lessons