The usual context of the word "initiative" is typified by the phrase "take the initiative" meaning to lead the way and I feel that we must be more assertive in our efforts if we are to be taken seriously by both our clients, which I take to be people who are currently "enjoying" less than ideal access to the World Wide Web, and our audience which is those connected either through personal authorship of or the provision of tools for the purpose of placing content on the Web. The attached speech was given by Judy Heumann at the Microsoft campus in connection with the "Accessibility Summit" sponsored by MS recently. The tone of it is what I have been trying to urge on our output: not exactly a threat but a firm resolve to change how these things are done. The famous "bottom line" invoked to excuse non-compliance with clear regulations requiring accessible software must be shown to include the certainty that people who deliberately avoid providing accessibility will one day be sitting in the same chairs that the "leaders" of the tobacco industry used when facing a congressional committee. The various WAI working groups should always be operating from strength that is not *just* morally and ethically sound, but also advising vendors, many of whom are members of the Consortium, that the actions we are recommending are actually requirements and what we are "negotiating" is the "how" not the "if" of accessible software for accessing the Web. At WWW6 I asked Chuck if the disability manager had to approve of software before it was released he said that that not only was not happening but likely would not. This is changing at MicroSoft and will be a prevalent procedure. Therefore we must concentrate on: what comprises accessibility; how to provide it; how to tell if it has been provided. We are better off not to enter into any discussion of why to provide it in any sense other than what Ms. Heumann brings out in the attachment. Her tone is not that of a beggar seeking a handout but of a representative of an entire nation explaining in remarkable detail, right down to keystrokes, what's been wrong and suggestions on how to fix it. I don't believe we should show any less initiative than she does. -- Love. ACCESSIBILITY IS RIGHT - NOT PRIVILEGE http://dicomp.pair.com
attached mail follows:
Date: Sun, 1 Mar 1998 21:04:45 -0500 From: damon-dna@EMAIL.MSN.COM> ------- Hello All---Debbie Nicholas here. This is rather long, but worth the read. Judy Heurmann is an awesome advocate who is considerably disabled physically, yet obviously a brilliant and motivating speaker. At the Microsoft accessibility summit last week, a keynote speech was given by Judy Heumann, Assistant Secretary for Special Education and Rehabilitative Services at the U.S. Department of Education. Although not a transcript of the delivered speech, here is a copy of her prepared remarks. ---------- REMARKS OF JUDITH E. HEUMANN MICROSOFT SUMMIT ON DISABILITY THURSDAY, February 19, 1998 REDMOND, WASHINGTON Thank you and good afternoon. It is wonderful to be here in the other Washington, a beautiful state, for this exciting conference. When an organization of the size and influence of Microsoft holds an all-day meeting on accessibility, I know we're on the right track. I want to express my appreciation for all of you attending "Accessibility Day," and I want to convey special thanks to Jim Allchin's Personal and Business Systems Group, and to Gregg Lowney and the Accessibility and Disabilities Group for hosting this meeting. Thank you also too Gary Moulton, for all of your hard work in putting this conference together. So, who is this group called the disabled, and why are we here today? Let me begin by telling you a little about who I am, and through that I hope you get a better understanding of why the issue of accessible technology is so important to disabled individuals like me. I am the Assistant Secretary for the Office of Special Education and Rehabilitative Services (OSERS), a principal program office in the U.S. Department of Education. OSERS administers the statutes that provide special education and vocational rehabilitation services to disabled children, youth, and adults, and it conducts research in disability-related topic areas needing further study. You just heard from Dr. Gregg Vanderheiden, who heads up one of our research centers, and he has worked very closely with Microsoft to develop the accessibility features that you provided for Windows 3.1 and that are now built into the Windows 95 Control Panel. There are some 49 million of us out there with disabilities, and I believe part of my job is to promote our rights. Whether people are blind or deaf or physically disabled, I want to be able to assure them that as technology advances and as our society becomes more technology-dependent, they will not be left behind. Let me tell you, I am not a doomsayer by nature, but if we don't build accessibility in up front, we will lose flexibility down the road. If we don't consider the needs of all Americans, we will harm many Americans. I want all of you to understand that we must design our products of tomorrow by considering the users of today, and some of those users are disabled, including me. More will be developing disabilities as they age, including most of you if you live long enough. So this is not just about legalities -- it's about thinking smart for the future. You know, there is an image, a stereotype, if you will, of who we the disabled are -- people who need to be taken care of, dependent poor souls -- and where we belong -- in institutions, at home with the blinds drawn. Well, I'm here to tell you in my experience and the experience of the Disability Rights Movement, disabled people want to be a part of it all. We are joiners. We are active, productive citizens -- when given the chance. We want to be as self-sufficient as possible and own our own homes, send our children to college, worship, vote and work. That means that we don't want to be left out when you're designing software or hardware, or testing products, or doing marketing surveys. What you do here is as important to us as it is to any other customer you have. And I can assure you, that not only do the President, Vice President and the rest of the U.S. government care about accessible technology, but there are laws which have had very bipartisan support to assure technology is accessible in any equipment purchased by the government or by businesses contracting with it. Over the last 100 years, we have experienced the rise of the Disability Rights Movement, and with it the creation of federal legislation protecting the civil rights of disabled Americans. # # # Section 504 of the Rehabilitation Act of 1973 states that it is illegal for any federal agency or grantee, such as a public university, or any other institution or activity that receives federal funding to discriminate against anyone "solely by reason of . . . disability." Thus, these agencies and grantees who use technology such as Microsoft's, must make sure that this technology is accessible so that employees with disabilities are not denied opportunities based on their disabilities. As the disability community grew and coalesced, it demanded equal access to employment, housing, public buildings, transportation and telecommunications -- the right to participate fully in American society. This groundswell then birthed the Americans With Disabilities Act (ADA) of 1990. The ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be discriminated against by it. Any of these entities who purchased inaccessible software and other technology could be in violation of Section 504 and/or the ADA if inaccessible technology prohibits their disabled employees or customers from participating in that entity's activities. All this came to pass because disabled people needed to be empowered, needed to get actively involved in the world around them, taking their cues from other groups also fighting for equality of opportunity. And so, when several leading organizations representing the interests of people who are blind wrote in the fall of '97 to your chairman, Bill Gates, they echoed what all people with disabilities want, and that's simply what other customers already have: full access to all software features of Microsoft products. The fact that you are here today to listen and learn about how this wish by the disabled community has been often advanced and sometimes impeded by your company, encourages me about the future of accessibility at Microsoft. As Gregg so poignantly illustrated in his presentation, it is likely that as we age, at some point in our lives, many of you who are not disabled will become so through accidents, strokes, disease and other trauma, and those of us who already have a disability will acquire new ones. Disability, then, is part of the human condition. And we must plan the future with it in mind, because the future we make for each other is the future we ultimately make for ourselves as well. At this point, I would like to introduce all of you to Joe Tozzi, the Director of the Department of Education's Assistive Technology Team, and Terri Youngblood, the Department's full-time assistive technology consultant. They came out here with me as evidence of the fact that accessibility is not a province of my office alone, but represents a full commitment by the entire Department. Joe heads up a full-time Assistive Technology Team whose job it is to ensure that any software in use within the Department is useable by its customers and employees with disabilities. I want to be very clear about this -- we are beginning to enforce Federal laws which mandate accessibility, and are requiring that all of our grantees purchase technology that is accessible to everyone. Also, in order to ensure that the Department is meeting its accessibility obligations under Section 504 on all fronts, we have hired a Section 504 Coordinator to oversee the Department's compliance with the broad requirements of this statute. I am pleased to introduce to you Jennifer Mechem, who also flew out with us to lend her support and share her experiences with you. I understand that Jenni will be participating in the meetings to be held tomorrow between the advocacy groups and the product development teams. In addition, the Department has issued very specific accessibility requirements for any software developed under contract for the Department. These requirements will ensure that any software developed for us will be accessible to our disabled employees and customers. I am pleased to say that other Federal and state agencies are looking closely at these guidelines, and that recent Congressional activity suggests that new legislation will establish more stringent functional requirements for Section 508 of the Rehabilitation Act of 1973. For those of you unfamiliar with this statute, Section 508 mandates that Federal agencies purchase information technology that is accessible to and useable by its disabled employees. Certain State entities also must comply with Section 508, and I know that those entities that work with disabled individuals are taking a very hard look at their Section 508 compliance and software purchasing at the State-level. The point is, the importance of accessibility to technology will only grow over time both from a legal perspective and a moral one. More and more decisions on what to buy will be based on asking, "Is it accessible?" In fact, last March a number of us met with staff from the Lotus Development Corporation and informed them that we would absolutely not use the Lotus Notes Client for Department-wide collaboration until the company makes it accessible. And of course, that same high standard will be applied to Microsoft products as well, some of which, such as Outlook 97 and MS Access, also have serious accessibility problems. As you can see, this collective movement toward requiring a high level of accessibility throughout the Department is fast becoming a reality for all of us, but is not limited to the Department's internal operations. In October of last year, Secretary of Education Richard Riley signed a ground-breaking "Dear Colleague" letter, which, along with a technical assistance package on access to technology, was sent to every single school district throughout the country. The Secretary has made it quite clear to school systems their responsibility under several Federal statutes to provide technology-access. This material stresses the necessity of considering access issues as an early and integral part of technology procurement. Insisting upon accessible technology in schools is not only a great idea -- it's a legal requirement under the Individuals with Disabilities Education Act (IDEA). This discussion makes me think about Stephen Hawking, one of the most brilliant scientists, and one of the most severely disabled individuals of our time. As you may know, Stephen Hawking has Amyotrophic Lateral Sclerosis, a condition which has left him pretty much unable to speak or move without assistance. Through the efforts of a team of designers at Intel's mobile products group, he has constant access to the Internet, a voice synthesizer and infrared remote control of doors, lights and his personal entertainment center. Well, Stephen Hawking became disabled later in life, and I have to wonder, if he was in our school system today with his level of disability, would he receive the technology he needed to allow the potential of his genius to shine forth as it does today? I have to wonder if Microsoft and other companies who supply educational software and hardware to local school systems would have the right tools on hand to help him overcome his functional limitations and become one of the greatest scientists of this century. # # # Stephen Hawking is of course a dramatic example of the increasing correlation between the ability to use a computer and the ability to learn and work. Those who have access to computers will have a much greater chance of working and supporting themselves and their families as contributing taxpayers; those who don't will simply be left behind, a prospect unacceptable to the disability movement. Almost 70 percent of working-age adults with disabilities are still unemployed or under-employed. The reasons for this are many and involve a myriad of complex issues surrounding the physical, social, and attitudinal barriers that still exist in our society. But one thing is clear -- given the right tools, disabled individuals can learn and work in equal measure alongside their non-disabled peers, fully contributing to all aspects of societal life. With each passing day, computers and related equipment continue to increase in importance as the "right tool" in moving toward a society that counts more and more upon its technological skills for its functioning. In trying to grasp just how critical access to technology is for disabled people at home, in school, and in the workplace, we like to say that for people without disabilities, technology makes things convenient, whereas for people with disabilities, it makes things possible. That brings with it an enormous responsibility because the reverse is also true. Inaccessible technology can make things absolutely impossible for disabled people, a prospect we must surely avoid. # # # As Chairman Gates mentioned earlier, there are major issues facing the disability community that involve Microsoft policy, software design, and the importance of creating an accessible environment so that no one is left out as we move into the next century. For individuals with significant hearing impairments, access to major software functionality is, at least for the present, generally not a problem, since interactions between computers and users mostly happen at the visual level. However, deaf individuals have always had a problem when sound-only error messages are utilized by software, or audio material is presented on the Web or in multi-media applications. As this reliance upon audio and multi-media information increases over time, this could present problems for individuals who are deaf. Recent developments within your organization are very encouraging in this area, especially the development of the Synchronized Accessible Media Interchange (SAMI), which will enable anyone who creates multimedia software titles and Web pages to provide closed-captioning for users who are deaf or hard-of-hearing. Using the synchronization features found in Dynamic HTML, SAMI provides a simple and extremely effective way of captioning or audio-describing web pages and other materials without disturbing the integrity of the initial files. As I understand it, SAMI is slated to be available sometime in the first half of 1998, and if any of you haven't seen it, I am sure it's on exhibit at this conference, and well worth checking out. For individuals with mobility impairments, alternative input devices, oversized track balls, and software features such as sticky keys, bounce keys, and other enhancements built into Windows 95 allow much more flexibility in performing input and manipulation tasks than they would otherwise have had. We are concerned, however, about the potential inaccessibility of future systems which could rely upon more complex interaction, e.g., gesticular input, small response times, or responses involving movements with very small error-tolerances. Computer-users with low vision need to be able to specify highly contrasting colors and very large fonts in order to read the screen. The font manipulation and screen magnification software solutions that are now available and under development should, though a long way from perfect, help to ameliorate this problem. Probably the area that has generated the most controversy in recent months involves the consistent accessibility of software applications to individuals who are totally blind, thus making this issue one of the most urgent we face, at least for the present. This means that every person who designs products and writes code needs to understand just how blind people interact with this marvel we call the computer. For example, how many of you fully grasp that the mouse is simply not a tool that a totally blind person will ever want to use? It is useless for someone who can't see what it is pointing to on the screen. The keyboard is thus the most comfortable and productive way known today for someone who is blind to input or manipulate data, making it critical for all of the controls within an application to be accessible through the keyboard, and for those controls to be displayed in a manner that is easily detected by the screen reading system. On the positive side, Microsoft, in May of last year, released the Active Accessibility software development kit to assist in remedying the problem of software access by the blind. As some of you know, Active Accessibility is an application programming interface that allows a software application (be it a word processor or browser) to describe its contents including all screen objects and controls to other applications, such as screen readers which read the screen out loud using artificial speech, or braille displays, which represent it in a tactile format. Active Accessibility is much more accurate than the standard-method screen readers used before this kit was developed, and the disability community saw the Active Accessibility kit as a real advance toward independence and full accessibility to software applications. Its inclusion in Internet Explorer three, and to a minimal degree in Office 97 were further indications that we were making some progress. But unfortunately, when the final version of Internet Explorer 4.0 was released this past October, the software did not contain Active Accessibility due to some last-minute decision-making and juggling of technology that prevented its inclusion. Well, needless to say, there were letters, e-mails a plenty, and a flurry of activity. The result of all this was that Microsoft finally released an accessible version of Internet Explorer (4.01) last month, with Active Accessibility included, though numerous blind people tell us that version 3.02 is still the preferred version as 4.01 still has some major accessibility bugs to be overcome. The concern still exists then, that if Active Accessibility is far enough down the feature chain that it can be dropped from a product like Internet Explorer at the last minute, what are the implications for any other product slated for release by Microsoft? Our bottom line is that until accessibility becomes a tier-one feature for every relevant team here at Microsoft, I share the belief of many in the disability community that there will always be cause for concern and job insecurity, especially given market pressure to constantly issue new and enhanced versions of software products in the shortest possible timeframe. Until accessibility is viewed with the same level of importance as properly functioning mouse or video drivers, there will always be that chance that, with shipping dates, feature wars, and other competitive pressures, disabled people could be left behind by one simple decision to leave out the coding necessary to make a product accessible. I know that your teams place a high priority on features that you deem as "Show Stoppers." I am hear today to tell all of you that inaccessibility is a "People Stopper," and that's something you mustn't forget. This is not about finger pointing or who's right or who's wrong. It's about jobs -- real people getting or losing real jobs. For example, because of the work you did in making Internet Explorer Three accessible, there is an Internet service provider in California who has actually hired blind people to do tech support for its customers. Think about it, these people can't see their screens, yet they are helping sighted people to learn to use the Net, and they can do it all because of your efforts. But the reverse is also true. There's a blind woman who was a prominent programmer for a large software company who literally lost her job because the development tools they began using were inaccessible. Another visually-impaired man with an MBA is now folding film for a living because he couldn't compete for a high level customer service job even though he was eminently qualified. The software the company was using to handle customer inquiries, again, was inaccessible. Another blind database designer lost his job because at least as of right now, there is not a Windows-base database package available that is accessible enough to allow for the competitive employment of blind programmers. I could go on and on, giving both positive and negative examples of how software accessibility has affected people with disabilities. The bottom line is, there are still way too many negative stories, and while we can tout the positive ones, we need more of them. # # # We want to ensure that compliance with Active Accessibility, the use of standard classes and controls where possible, and other accessibility tools, become tier-one features in all text-based Microsoft products. We know that Active Accessibility is not currently supported among all product managers. This is a real problem, because until it, or another standard, is consistently adopted by all development teams, screen-reading companies will be constantly shooting at a moving target. If each development team provides its own accessibility solution, or worse, none at all, the end user won't stand a chance in counting upon accessibility in the marketplace. We must ensure that mainstay application programs that disabled people really need to use on the job are fully accessible -- it's as simple as that. One sure way to help integrate accessibility into the fabric of Microsoft activity is to include accessibility as a standard part of usability testing. It would be extremely useful to build accessibility into that whole process and repeat it throughout the design, prototyping, and development stages of a product. In a related matter, I know that hand-held computers, though not prevalent right now, will probably be flooding the marketplace in the next few years. Therefore, we absolutely must ensure that research and development into making Windows C-E, the operating system that drives them, accessible to all disabled people. It's not unrealistic to imagine a time in the not-too-distant future when employability will depend as much upon access to C-E-based computers running applications as it now depends upon access to software running on desktop PCs. Here, too, a corporate-wide policy of accessibility as a tier-one feature, with top-level support and allocation of resources, is absolutely critical to success in this area. I know that another concern which has been raised in the disability community is that Microsoft's developer tools do not at present facilitate the development of third-party applications that are accessible through inclusion of Active Accessibility, keyboard equivalents and other accessibility features. This is of very great concern since numerous inaccessible applications are thus being produced unnecessarily by third-party developers. We recently hired a contractor to develop a database application for my office, to be used by a discrete group of individuals, which from time to time will include blind individuals. The contractor used MS Access as its database development tool, insisting that its libraries contained standard Windows classes and controls, thus enabling it to be used in conjunction with screen-readers. We were all pretty surprised to find that this was not the case. Our blind users had a number of problems with this application. For example, after tabbing to a list box of names, they were not able to use their arrow keys to move among the choices or the enter key to select them. In these list boxes, one must click first with the mouse to activate the selection process, and even then, the screen-reader could not read the choices, reporting that a custom class was being used. So we have to look hard at this whole issue of development tools. I know from Mr. Gates' comments that Microsoft plans to continue to strengthen the accessibility provisions of the Windows logo program. How wonderful it would be to make compliance and support of Active Accessibility and other access features a requirement for any application seeking authentication as Windows-compliant. Just think how far-reaching the effect of such a requirement would be: any text-based application, regardless of its producer, would have to meet accessibility criteria if it were to use the "Designed for Windows" logo. I know that Microsoft is moving in that direction, and I encourage and applaud you for this effort which will have a profound effect upon the whole software industry if successfully implemented. I would also encourage Microsoft to explore some creative mechanisms that would further assist vendors of adaptive technology such as screen-reader developers in quickly obtaining and implementing releases of Microsoft accessibility products. Finding ways of improving the relationships with assistive technology vendors would help to address such issues as obtaining copies of the latest accessibility code and engaging in dialogue on implementation strategies and design problems. Lastly, I want to commend Mr. Gates and all of you for your efforts in ensuring that disabled people have a voice in the direction that the development of accessibility policy takes. I am pleased that Microsoft is setting up a panel of people that represent all major groups that work with or represent the disabled end-user, so that all voices are heard in the process, and key ideas and critical input and best practices are provided to product-development staff on a consistent basis, especially in the early stages of conceiving ideas for new products. This early involvement could eliminate the need for costly retrofitting of software for accessibility which can occur when such considerations are not taken into account up front. # # # I would like to close by again contemplating the life of Stephen Hawking. As Intel vice-president Stephen Nachtsheim points out, Stephen is probably the most connected man in the world, and the envy of his colleagues. What he really wants to do is what we all want, and that is to be connected all the time, with instant access to people and information. My impression is that he is a man who does what he wants and tries to be minimally inconvenienced by his disability, so he uses all the technology he can to overcome a problem. So here we have this great man, Stephen Hawking, who has said he perceives his significant disability as mild, due in no small part to some really great technology designed by some even greater people. Well, there are a lot of Stephen Hawkings and Judy Heumanns out there -- some of us are blind, others are deaf, others, like Stephen, can't manipulate a keyboard or a mouse. Wouldn't it be great if each time one of us used a Microsoft product, we could agree with Stephen Hawking that, because of the given product, our functional limitation would be reduced to something that is, as he has said, "an inconvenience but which one can live with and get around." What an endorsement of technology by him, and what a challenge for each of you -- great accessible technology designed by talented people. We all await your efforts. Thank you again for inviting me to talk with you today. ---------- End of DocumentReceived on Wednesday, 25 March 1998 18:38:26 GMT
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