U.S. says eReaders don't meet ADA requirements

[kindlekitten]

Originally Posted by Kali Yuga

Egads. Has anyone other than Elfwreck actually read any part of the originating article...?

• All the ruling is saying is that until menus offer TTS capability, an ebook reader is not ADA compliant. So if a class uses an ebook as course materials, they just need to make those same materials available in a compliant means as well (e.g. braille).
• As soon as the menus work with TTS, the devices will be compliant.
• There is no requirement or legal obligation for a manufacturer to add that capability if they choose not to.
• Amazon announced months ago they were going to add that capability.
• The ADA was written in the 90s and updated a few years ago. This is not the government popping in out of nowhere and making a declaration.

As to the ebook pilot programs, I don't see any reason why they can't continue to run the study by merely offering the disabled students alternate materials, as long as they can be provided in the same time frame.

By the way, jasonfedelem, you might want to keep in mind that the ADA also prevents employers from discriminating against your daughter, and requires schools to accommodate her needs. Are you sure you want the government to stay out of this matter altogether...?

and it's old news as well

[gastan]

Originally Posted by Elfwreck

So they're not talking about requiring Kindles (or any other device) to be ADA compliant--unless the device is mandatory for the students. And it doesn't even say "can't use Kindles," nor "Kindles must be made compliant before use," just "must find alternatives for blind students." Which might mean blind students can use the workarounds they normally use--braille books, or audiobooks, or whatever.

Originally Posted by Kali Yuga

• All the ruling is saying is that until menus offer TTS capability, an ebook reader is not ADA compliant. So if a class uses an ebook as course materials, they just need to make those same materials available in a compliant means as well (e.g. braille).
• There is no requirement or legal obligation for a manufacturer to add that capability if they choose not to.

As to the ebook pilot programs, I don't see any reason why they can't continue to run the study by merely offering the disabled students alternate materials, as long as they can be provided in the same time frame.

The article also says that the government started the investigation of ereaders "after a blind Arizona State University student sued...." (emphasis added). I would conclude that since the link between the investigation and the lawsuit is specifically mentioned, the lawsuit figured prominently in the investigation and in the "deal" that the other four universities mentioned struck with the Justice Dept. to "shelve the e-readers until they are fully functional for blind students."

Unfortunately, the ASU student and the National Federation of the Blind and the American Council of the Blind (who backed him in his suit) don't feel that traditional alternate materials are adequate. The student said in his blog, “Asking us to continue on as we’re going is like saying to sighted students you are climbing on to jet age with your e-books, but blind students still need to use the horse and buggy.” He also says, “Not having access to the advanced reading features of the Kindle DX—including the ability to download books and course materials, add my own bookmarks and notes, and look up supplemental information instantly on the Internet when I encounter it in my reading—will lock me out of this new technology and put me and other blind students at a competitive disadvantage relative to our sighted peers." (emphasis added)

The ASU student specifically rejects having to use braille and to not have access to "advanced reading features," while classmates get to use the fancy new tech. Apparently the government agrees with him, to whit the letter and the "deals" struck with universities exploring ereaders.

No manufacturer has to add anything to their device or make them ADA compliant but considering the interest in ebooks for students and the fact that there are at least 3-4 devices already on the market or soon to reach market that are targeted specifically at students, they better be aware of this determination if they hope to capture any of the U.S. student market share. That's why I won't be surprised to see things like braille show up on devices soon or why I won't be surprised to find a device talking to me at startup as the default configuration.

[gastan]

Originally Posted by kindlekitten

and it's old news as well

But the Justice Department determination and letter is new news.

[corona]

What Kali Yuga said... That schools have to provide reasonable accommodation for students with disabilities is nothing new. If the NFB -- which is, after all, an advocacy organization -- wants to push to get the technology to work better for blind students, more power to them. And as for everybody carping, well, it's the law of the land.

I'll also say that I'm a university student, and hard of hearing. I have a lot of sympathy for students with more serious disabilities. Even when administrators have the best intentions, they often have to be pushed to do what's right.

[HarryT]

Originally Posted by gastan

He also says, “Not having access to the advanced reading features of the Kindle DX—including the ability to download books and course materials, add my own bookmarks and notes, and look up supplemental information instantly on the Internet when I encounter it in my reading—will lock me out of this new technology and put me and other blind students at a competitive disadvantage relative to our sighted peers." (emphasis added)

Isn't this effectively saying "if I can't use this, then I don't want anybody else to have it either"? I'm very sorry for anyone who is blind, but to deny everybody else a valuable educational tool on the grounds that it's not available to someone with a particular disability seems to be punishing the sighted majority. It seems a little naive to try to pretend that someone who is blind is not going to be at a major disadvantage throughout their life, and laws aren't going to change that.

[Steven Lyle Jordan]

Originally Posted by HarryT

Isn't this effectively saying "if I can't use this, then I don't want anybody else to have it either"?

"Fairness" can be incorrectly applied. It's one thing for a blind person to say, "I'm at a disadvantage because I can't see the colors on the wall." But that doesn't mean the solution is to paint the wall black. Making a room accessible to the handicapped doesn't mean forcing everyone to use wheelchairs to get around.

Providing other means of access to the disabled person is the intent of these laws... not removing access from everyone else. No one should be using these laws to remove Kindles, say, from classrooms, but to make sure comparable solutions are provided for those who can't use Kindles. If those solutions aren't available, the government is responsible for finding a way to fix that, either by commissioning manufacturers to make blind-enabled devices, or by providing some other way for the blind to access that work... like a braille book or audiobook.

This should be good news to some manufacturer out there: If they manage to build such a blind-enabled ebook reader, they could find their product endorsed by the government for all ADA compliance needs, and could also find additional government funds paid to them to support manufacture and distribution of the device (if it is not cost-effective to manufacture due to high complexity, small sales numbers, etc).

[Kali Yuga]

Well, I actually found the "Dear Colleague" letter issued jointly by the DOJ and DOE, if anyone wants to get to the source.

http://www2.ed.gov/about/offices/lis...-20100629.html

Originally Posted by HarryT

Isn't this effectively saying "if I can't use this, then I don't want anybody else to have it either"?

Sort of. He has one point, in that there could be a scenario where the teacher sends a document directly to the ebook readers, and fails to provide the disabled student the same course materials in an equally timely fashion.

I don't think it's a big deal, but just not something that can be taken for granted until TTS is enabled in the menus.

[Steven Lyle Jordan]

Originally Posted by Kali Yuga

He has one point, in that there could be a scenario where the teacher sends a document directly to the ebook readers, and fails to provide the disabled student the same course materials in an equally timely fashion.

Any teacher in that potential situation would be made aware in advance that they had a responsibility to do that, probably in conjunction with the school, and if they failed to do so, could lose their position. The school could lose government support if they lost ADA compliance status, so it would be in their best interests to make sure teachers did the job properly, or be replaced by someone who would.

One more thing for the already-overworked teacher to have to do, but it can't be helped. It could probably be handled by interns or other students, though.

[SplogSplog]

Originally Posted by Steve Jordan

"Plain ol' paper books" are usually provided in braille, in cases where publishers know it is a condition of selling to a desired market (like if a school system demands it of a textbook).

An e-Reader is not the equivalent of a published book, it is the equivalent of paper. Therefore, it is the publisher of a book (either in paper or pdf format) that should have to ensure there is also a separate braille (i.e. non e-Ink) version of that same published book available.

[Kali Yuga]

Originally Posted by Steve Jordan

Any teacher in that potential situation should be made aware in advance that they had a responsibility to do that....

There, fixed that for ya

Especially absent the ruling, the necessity in this respect might get overlooked by the teacher.

I don't think it should be too tough, though it could mean prepping and distributing a document in both AZW/ePub and PDF format. I guess some of that would depend on how course materials are prepared and distributed, and what other complaints the student might have raised. The time of distribution of materials is just the main one I remember.

[ATimson]

Originally Posted by BVLarson

This WILL be a big deal for textbooks, which are soon to go "ebook" as it just saves way too much money. I write college textbooks, and I can tell you the bookstore gets most of the money there (remember, all those used textbooks mean ZERO dollars going to author/publisher) ebooks will be great authors in that area.

My ass the bookstore gets most of the money.

As someone who's worked in a textbook store, most of the money goes to the publisher. The store can make some money on used copies - but only about 5% more of list price than on a new title. And that's only if they sell every single used book they buy back, which is unlikely.