it accessibility and procurement: successes, challenges, and lessons learned (242339125)

IT Accessibility and Procurement:

Greg Kraus, NC State University Tracy Mitrano, Cornell UniversityTom Siechert, California State University Fresno Paul Paire, Temple University

Successes, Challenges, and Lessons Learned

Agenda

1. Overview of Procurement and its Problems - Greg Kraus

2. CSU Accessible Procurement Process – Tom Siechert

3. Exceptions – Paul Paire4. Law and Policy: Challenges and

Opportunities – Tracy Mitrano5. Q&A

Overview of Procurement and Its ProblemsGreg Kraus

Campus Requirements

• Section 504 and the Americans with Disabilities Act (Title II and Title III)• Equal access to educational services

• May have State requirements• Which standard to use in procurement is a

question• Section 508 vs WCAG 2

Procurement Language

• Where do you put it?• A standard request for all procurement?• Done on a case-by-case basis in RFPs,

RFQs, and contracts?

Section 508 or WCAG 2?

• WCAG 2 – Web Content Accessibility Guidelines

• Section 508 explicitly covers more than just Web. It covers all Electronic and Information Technology (EIT)

• While Section 508 is much older and less helpful in cases, it more accurately reflects the covered technologies on your campus

• Do you have a Web accessibility policy or an EIT accessibility policy?

Sample Procurement Language

All EIT must• Meet the applicable accessibility standards

of Section 508 (almost all)• Provide Voluntary Product Accessibility

Template (VPAT) (many)• Provide an audit or test results (some)• Detail why some aspects are not in

compliance and how and when they will be brought into compliance (some)

Procurement Problems

• Do purchasers know to check up on the requirement?• Do you have a central group that knows enough to be

able to approve EIT purchases and validate accessibility?• How do you handle the volume of EIT being procured?• What if something doesn’t go through the official

procurement process?• Open source?• Below a certain cost threshold?• Pilot program?

• Does the documentation you are asking for tell you what you really need to know?

Solving Problems with Friends

• Security• Compliance• Enterprise Services (Data Integration)• Ask

• What does the product do?• Who will use it and how?• Type of data being stored?• Integrate with other systems?

CSU Accessible Procurement ProcessTom Siechert

2007: CSU Accessible Technology Initiative 3 Areas of Focus: Instructional Materials, Web,

Procurement Procurement Goals:

Establish Accessible Procurement processes to cover all purchases within 3 years

Phased approach based upon dollar thresholds 2012/3: Updated Coded Memo

Six Key Strategies to Implement ATI Emphasis on continuous improvement & prioritization

based upon impact

CSU Accessible Procurement – Background

2013 CSU Procurement Standardization Workgroup formed 6 Campuses + Office of the Chancellor Goals:

Establish more consistent approach Share expertise throughout system Accelerate program development Speak with one voice

CSU Accessible Procurement – Background

Process Includes: Standardized Processes and Forms Defined Roles and Responsibilities Guidance (How To’s) Resources

Adapt or Adopt to meet campus needs

CSU Accessible Procurement – What is it?

The 4 Steps Step 1: Pre-Purchase Information + VPAT

What / Who / How Used / Where / Future Plans Step 2: Accessibility Documentation Review

Impact determination Plan of action

Step 3: Accessibility Review Overall Goal: Identify Real-World gaps Sub-Goals: Create EEAAP / Get Vendor to Commit to

Accessibility Roadmap Methods: VPAT / Vendor Demos / Hands-on testing

Step 4: Place Order

CSU Accessible Procurement - Highlights

To create your own Accessible Procurement Program Begin with solid foundation:

Establish Campus Policy Gain Executive Support Hire/Name IT Accessibility Coordinator

More Info: http://teachingcommons.cdl.edu/access/procurement_process/index.shtml

CSU Accessible Procurement – First Steps

Exceptions to the rule and managing those exceptionsPaul Paire

Let’s get one thing clear

Exception ≠ ExemptionException:• One time, not permanent• Needs approvalExemption:• Don’t have to worry about it, at all (it does not apply)

Exceptions to what?

What’s your policy or practice?

Everything has to be accessible?What are you required to adhere to?

Federal statutesState and local laws/statuesUniversity policy and procedures

Why would there be exceptions?

“To every rule there is an exception—and an idiot ready to demonstrate it. Don't be the one!” 

― Vera Nazarian, The Perpetual Calendar of Inspiration• No vendor in the field has an accessible product.• The product that is fully accessible doesn’t meet the business

requirements• You’ve got a product in place that’s not compliant and it’s not

feasible to replace it.• Functional requirements of the product preclude full accessibility.• Technical requirements of the major preclude certain disabilities• Safety/Security trumps accessibility.• Restricted access.• Personal use.

508 vs 504 & Title II/III

Section 508 (rehab act)

• Has documented exceptions (1194.3)a) National securityb) Contractors purchase

incidental to contractc) Personal used) Where the information is

made available to the public e) Fundamental Alterationf) Restricted Access

• Discusses commercial unavailability

• Defines “Undue Burden”

Section 504 (rehab act) & Title II/III (ADA)

• Does not have provisions for non-compliance

• Litigation cites section 504 non-compliance (not 508 non-compliance) and Title II/III non-compliance

• Requires equally effective access in a reasonable timeframe

Why would there be exceptions? (revisited)No vendor in the field has an accessible product.

Must purchase the most accessible product - see 1194.2 (b)The product that is fully accessible doesn’t meet the business requirements

ibidYou’ve got a product in place that’s not compliant and it’s not feasible to replace it.

See ‘Undue Burden’ defined in 1194.4Functional requirements of the product preclude full accessibility.

Fundamental alteration is a valid exception – see 1194.3 (e)Technical requirements of the major preclude certain disabilities

Must meet section 504 Safety/Security trumps accessibility.

For national security per 1194.2 (a)Restricted access.

If visited only be service personnel for maintenance, etc– see 1194.3 (f)Personal use.

Valid exception per 1194.3 (c) (have legal council review)

Handling exceptions

Have an established process

Committee that reviews and approves/deniesForm for people to fill in (and to track exceptions)

• Description of product/service• Scope of usage• What exception category, and why• What reasonable accommodations would be

made?• Equally Effective Alternate Access plan (EEAAP) • This allows for the balance between 508 and 504• Proactive decision for accommodations

How long are the exceptions good for?

Then what?

If they can proceed with the purchase, let people know that while it’s OK to proceed with the purchase this time, they are now on the hook to:

• Get the vendor to improve the product• Find an accessible alternative and get it

implemented before the exception expires

If they can’t proceed with the purchase, let them know why and what they need to do.

Closing thoughts

• Section 504 & Title II/III still require you to provide timely and reasonable accommodations and equally effective access

• Don’t surprise people with a new purchasing accessibility requirement, get the word out

• Get the person looking to make the purchase to include accessibility as one of the business requirements

• Engage vendors during the evaluation process, not once someone has already decided to make the purchase

• If the product isn’t fully accessible, look for products that are (or determine which is the MOST accessible)

Law and Policy: Challenges and OpportunitiesTracy Beth Mitrano

Law and Policy: Challenges and Opportunities

Historically, the challenges came in questions about applicability of section 508 of the Rehabilitation Act to colleges and universities; for private institutions, it did not.

Therefore, administrators often failed to consider their obligations under the Americans with Disabilities Act.

Case law made the point that the ADA applies to the web.

Department of Justice investigations at both public and private institutions further established that point.

Standards

Once legal obligation established, the question become once of standards.

What’s “accessible?”

Section 508, written in 1997, is no longer sufficient.

WCAG 2.0 AA

WCAG 2.0 AA

Standard established by European Commission as the foundation for accessibility within the European Union.

Standard put forth by the Department of Justice, Civil Division, through administrative law to apply to Title II of the ADA, which applies to governmental entities.

Standard expected to be submitted again by DOJ, CD, to apply to Title III, public accommodations, and would therefore apply to all colleges and universities, public or private.

A rose by any other name would smell as sweet …

Call it a policy, call it a plan, or don’t call it anything at all (if local politics suggest that tact is best) but your institution must do

something that is a bona fide work in progress in establishing accessibility to the standards of WCAG 2.0 AA

Convergence

Unique opportunity exists to harmonize Europe and the United States, market and higher education sectors to a single set of standards that are good for uniformity, vendors, colleges and universities … and most important, for those in need of those

services.

Higher education should embrace this opportunity …

Better yet: become leaders in promoting it!

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