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This has been a largely overlooked aspect of openness but an article in Inside Higher Ed, Berkeley Will Delete Online Content, reveals that Berkeley's whole open courseware program has been called out for not complying to accessibility legislation.
The Justice Department, following an investigation, in August determined that the university was violating the Americans With Disabilities Act of 1990. The department reached that conclusion after receiving complaints from two employees of Gallaudet University, saying Berkeley’s free online educational content was inaccessible to blind and deaf people because of a lack of captions, screen reader compatibility and other issues.
Complying with these demands would be a time-consuming and costly process for the university; 20,000 audio and video files would have to be upgraded. So Berkeley have chosen to remove the offending resources from the public space and put everything back where it came from, closed behind the university log-in. This process alone is calculated to take between three to five months.
“In many cases the requirements proposed by the department would require the university to implement extremely expensive measures to continue to make these resources available to the public for free,” Koshland wrote in a Sept. 20 statement. “We believe that in a time of substantial budget deficits and shrinking state financial support, our first obligation is to use our limited resources to support our enrolled students. Therefore, we must strongly consider the unenviable option of whether to remove content from public access.”
This would seem to be a major blow to open education and I can imagine that many other institutions will be checking their own open courseware to see how well it meets accessibility requirements. But most importantly it shows that accessibility should be built in to all educational resources, whether they are publicly available or restricted access. Moving resources from public view doesn't solve the problem because you need to ensure that all students can access and use the resources as part of their education. It would be very sad if this endangers the further development of openness in education but if it means that awareness of accessibility will be raised than maybe it's a step that must be taken.