For those who haven't been to the meetings much, I am assisting a couple
of students at the University of Illinois obtain compuer and information
access there.  This message is just an update for Chicago folks, I'll
have a full description and a copy of the complaint for out of towners
once it is resolved.  the two big sticking points before this can be
resolved are installation of access software and hardware and the
commitment to an affirmitive duty to provide accomodations in advance of
any specific request.  Below is the latest e-mail to the university's
legal counsel on this issue.  I would appreciate any feedback.

kelly

Jane,

There are still significant omissions from the proposed UIC
policy.  It appears that even despite spelling out our terms of
settling this issue on the telephone and in writing, UIC will not
commit to certain aspects spelled out in the complaint or in the
e-mail message on this topic.  Please provide responses to the
concerns below.  If UIC cannot integrate a specific item into the
policy, please state the reasons why it cannot be in the policy.

1.  Priority use of accessible computers.  Until access is
installed on the network, only a few computers will be accessible
to people with print impairments.  Many institutions have a
policy of allowing people with disabilities to bump a non-
disabled student to a non-accessible computer when one is
available if they are using an accessible computer.  So far, UIC
has been unable to commit to this policy in writing.

2.  The courts have held that a public entity violates its
obligations under the Americans with Disabilities Act when it
simply responds to individual requests for accommodation on an
ad-hoc basis.  A public entity has an affirmative duty to
establish a comprehensive policy in compliance with Title II in
advance of any request for auxiliary aids or services [see Tyler
v. City of Manhattan, 857 F. Supp. 800 (D. Kan. 1994)].  So far,
UIC has not committed to a comprehensive policy of providing
auxiliary aids and services in advance of any accommodation
request.  Instead the present policy merely identifies how an
individual accommodation request is to be channeled.  In addition
to taking the affirmative steps described below, the policy
should include a process of how new software purchases, computer
labs, and new electronically-based instructional services will be
evaluated for accessibility and how accessibility for people with
print-impairments will be built into the design of such services.
For example, the Burger King restaurant on the second floor of
the Student Services Building was closed recently and the space
is being remodeled for a computer lab.  A comprehensive policy
would include considerations of how a blind student would use
this space and its accessibility needs, which would be likely
given the close proximity to the Office of Disability Services.

     In devising such a policy, please describe how such
consideration would occur and which positions and offices would
be consulted as well as likely users of the service in question.
It is believed that this policy should be similar to the
considerations employed in architectural access for those with
mobility impairments to buildings and structures when new
construction or renovation occurs.

     The specific steps that the university should undertake in
advance of any accommodation request to settle the outstanding
complaint are as follows:

     a.  Access through speech synthesis in at least one-third of
     all computer labs.

     b.  Installation on the UIC computer network of at least one
     screen reader that would allow the saving of individual
     settings.  If more than one operating system or interface is
     employed, such as Windows and DOS, than at least one screen
     reader for each application available on the network,
     irrespective of operating system.  If network installation
     is not possible for a given interface or operating system,
     then a non-network based solution should be available.

     c.  The installation of at least one screen magnification
     software program specificly for the blind on the UIC
     computer network.  If more than one interface or operating
     system is used, such as DOS, Windows 3.x, and Windows 95,
     then one program should be available for every application
     on the network.  If network installation is not possible for
     a given interface or operating system, then a non-network
     based solution should be available.

d.  The availability of at least two speech synthesizers outside
of the network access configuration as described in paragraph (a)
to respond to individual accommodation requests that cannot be
provided in a computer lab.

     e.  A process of consideration of information access as new
     computer and information services are being planned and
     developed.  (see above)


These are intended to be a minimum level of access, a starting
point.  Obviously, increased use and demand for services will
certainly require the need for additional access.  This would not
limit the university's ability to expand or modify its programs
in response to changing needs.  Rather, it builds a foundation
for information access on which blind students and those with
print impairments can succeed.

Kelly