Section Road Goes to 508 College

Gaeir Dietrich Director

High Tech Center Training Unitof the California Community Collegeswww.htctu.net

What is Section 508?

Federal lawPart of Rehabilitation Act of 1973,

as amended in 1998Section 508 standards added in

2001 Previously was a guideline;

standards carry the weight of law.Applies to federal government

Section 508

Applies to electronic and information technology (E&IT)

Includes Web access/development and software development

At its heart, Section 508 is procurement law.

The 508 Philosophy

Section 508 is about creating an open door.

Section 508 uses the purchasing power of the government to induce vendors to create accessible products.

The overall goal of Section 508 is a more accessible society.

However…

States are not part of the federal government.

Your college is not part of the federal government.

State Laws

All 50 states have laws on Web access

23 states have statutes, policies, regulations, or guidelines regarding procurement

Scope

Scope of applicability varies state to state.

Some states have requirements that carry the weight of law; others are guidelines.

Georgia Tech has listing of state laws http://accessibility.gtri.gatech.edu/sitid/

stateLawAtGlance.php

ACCESS VS. ACCOMMODATION

Putting the Law in Context: Section 504 vs. Section 508

Section 504 vs. Section 508

Section 504 addresses individual disability needs.

Section 508 addresses the infrastructure that allows access.

Rehabilitation Act of 1973

Section 504 is about accommodation. Disability service offices were created to

deal with 504.

Section 508 is about access. At its heart Section 508 is procurement law Campuswide responsibility

A Campus Analogy

Section 504 Deaf student requests that videos for her

class be captioned

Section 508 New videos must be captioned before

being shown in the classroom for the first time

Access vs. Accommodation

BUYING UNDER 508At its heart, Section 508 is procurement law…

Electronic and Information Technology

E&IT

Where Do We Begin

Only electronic and information technology (E&IT) is covered by Section 508.

First determine if the proposed purchase is E&IT.

Categories of E&IT

Software applications and operating systems

Web-based information and applications Telecommunications products Video and multimedia products Self-contained, closed products (e.g.,

many office products, kiosks) Desktop and portable computers

Examples of E&IT under 508

Fax Machines Scanners Printers Copiers PDAs Computers Computer software Computer operating

systems

Phones Information kiosks ATMs Multimedia Videos World Wide Web

Not E&IT under 508

Microwaves (unless it sends faxes, too) Coffee makers Heating and ventilation systems Thermostats Tables, desks, and chairs

The Gray Area

“Back office” E&IT is exempted Must literally be somewhere that people do

not go all the time Applies to equipment that only technicians

interact with

Procurement Process

How to Buy under 508

Functional requirements drive the procurement, not Section 508.

First determine your business needs.

Then consider 508 accessibility.

Functional Requirements

Determining may be an iterative process at first

Figure out some requirements—research products—realize other requirements

Reframe Your Thinking

It’s not, “I have this much to spend.” It’s, “This is what the machine needs to

do.”

However, you can look at machines in the price range you want in order to see what the features are.

How much will it cost?

Typically the more accessible products cost the same as or little more than any other product in their class.

However, the only time cost is taken into account is in the case of a tie!

But remember, only buy the functionality you need.

Four Exemptions

Fundamental alteration Product does not do what is required

Technical infeasibility Not possible to make it accessible

Commercially unavailable It doesn’t exist

Undue burden Would have to prove the cost is high enough to

cause a fundamental disruption of the organization Burden of proof on defendant

Bottom Line

Focus on the functional requirements and you won’t have to worry too much about the exemptions

If no accessible products meet your functional requirements, you still buy what you need.

Summary

Determine functional requirements Determine what products are available Pick the most accessible product Consider exemptions if necessary

VIDEOSSection 508 Implementation Example

Section 508 on Videos

(c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.

Interpretation

Videos must be captioned before they are shown in the classroom for the first time

Uncaptioned videos may be purchased and someone (ordering department?) pays to have them captioned

Under 508, captioning required whether or not deaf students will be in the class

Captioning and DE

“Raw footage” exempt Single use, restricted use, not archived

Restricted access materials If no users require captions, do not need

Transcripts Not sufficient for video (must have

synchronized text and video) Fine for audio-only podcasts

A Word about Captions

Always done in the language spoken in the video Spanish language videos would be

captioned in Spanish, not English Subtitles not the same, but often will do

Include all auditory content, not just speech Slamming doors, barking dogs, laughter,

etc. are all included in text descriptions

Be Aware

Closed captions are turned on and off with a “decoder”

Televisions (since the ‘80s) have decoders built in; not all overhead projectors do Epson and Panasonic make projectors

with decoders External decoders can be purchased

Mesa College Solution

Every video purchase goes to A/V Librarian

Librarian researches what is available closed captioned

If the requested video is not captioned, offers an alternate suggestion

Requesting department can purchase alternate or pay to caption the original title

CASE STUDY

Higher ed in California has begun to implement the Section 508 Standards

Real-world Experiences

California State Universities (CSU) All 23 campuses have plans What implementation has meant

Including it at the end is not working Need to make accessibility part of the

workflow Training must occur Resources and time must be allocated

Ideal World

Accessibility needs to be considered right from the beginning

Ask at the start, Is the purchase E&IT? If it is, then use the procurement process

for buying accessible under Section 508.

Partnership Model

San José State Disability services, information services,

and procurement work together to implement Section 508

San José State Solution

Requestor gathers documentation Determines business needs and generates three

product suggestions—works with IT to determine functional needs

Submits packet to procurement Procurement checks for completeness

Packet goes to disability services Disability services checks accessibility scores Packet returned to procurement for final check-

off and purchase

Staffing

Procurement staff One person in charge of Section 508

purchasing Disability services

One person in charge of checking accessibility

Currently implemented for purchases≥ $15,000

Take Home Lessons

Someone must be responsible Literally, whose desk will it land on if there

is a complaint Procedures must fit into existing

workflows Forms must be in place Training must be ongoing

Staff must be allocated A champion can only go so far alone

Lessons continued

Start small Pick a procurement level to start at (e.g.

purchases > $50,000 Work out the issues then implement with

smaller purchases

Final Thoughts

Access Only Goes So Far

Part of buying accessible is to ensure that products work with assistive technology

Individual needs must still be accommodated

Buying accessible will reduce, not alleviate, the need for individual accommodation

More Information

http://www.access-board.gov/sec508/guide/index.htm

http://www.access-board.gov/sec508/refresh/report/

http://www.calstate.edu/Accessibility/webaccessibility/evaluation/index.shtml