The Road to 508 Conformance
Gaeir Dietrich
and
Sean Keegan
Web Links
Good Overview
www.ittatc.org/technical/508_overview.cfm
Creating Policy
www.ittatc.org/state/policy/
E-learning
www.access-board.gov/508.htm
508 Information
www.section508.gov
Excellent examples
www.uspto.gov/web/offices/cio/s508/
Who Will Drive 508 Implementation?
What is Section 508?
Part of 1973 Rehabilitation Act, as amended in 1998
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
Two Different Laws
Section 504 is about accommodation
Section 508 is about access.
Section 504 vs. Section 508
Section 504 addresses individual disability needs. Think of the disability as a car.
Section 508 is the infrastructure that allows access to IT superhighway.
With the Section 508 infrastructure, everyone has equal access to the road.
A Campus Analogy
Section 504
Accommodates the student in a wheelchair who has a classroom on the second floor by carrying the student up the stairs.
Section 508
Provides access for all by building an elevator.
Debunking the Myths
Lots of confusion surrounding the Section 508 standards and why and how they apply
First we will confront the myths
Then we will look at how to proceed
Myth #1
Section 508 applies to postsecondary schools because we received federal funding (TTIP).
False
Section 504 follows the money.
Section 508 does not.
Section 508 applies because of California state laws that adopted the Section 508 standards.
SB 105
SB 302
Cal. Gov. Code §11135(d)(2)
"In order to improve accessibility of existing technology, and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired and deaf and hard-of-hearing persons, state governmental entities, in developing, procuring, maintaining, or using electronic or information technology, either indirectly or through the use of state funds by other entities, shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations."
One Difference
California state law actually puts some responsibility for conforming to the standards on the vendor.
§11135(d)(3) states:
"Any entity that contracts with a state or local entity subject to this section for the provision of electronic or information technology or for the provision of related services shall agree to respond to, and resolve any complaint regarding accessibility of its products or services that is brought to the attention of the entity."
Myth #2
We always have to buy the most accessible productno matter what.
False
In fact, technical requirements drive procurement.
Determine your needs first then consider accessibility.
You do not have to fundamentally alter your needs in order to comply with section 508.
Myth #3
We cannot legally buy an inaccessible product.
False
Again, the needs of the department/entity ordering the product drive procurement.
The specific needs for the product are given first priority then accessibility is considered.
In some cases, there may be no accessible products that meet the needs.
Myth #4
Conforming to Section 508 is expensive.
False
Federal government agencies (for example, the Social Security Administration and the U.S. Patent and Trademark Office) have found that accessible products generally cost little if any more than inaccessible ones.
Responding to OCR complaints is far more expensive (in terms of both time and money).
Myth #5
Conforming to the Section 508 standards is very time consuming.
False
Retrofitting is very time consuming.
Buying accessible in the first place needn't be that time consuming.
HOWEVER, until your procedures are in place and streamlined, you may be spending a lot of extra time training staff and trying to implement a system.
Myth #6
Section 508 applies to everything we buy.
False
Section 508 applies to electronic and information technology (E&IT) only.
Microwaves don't count…unless they send e-mail.
Six Categories of E&IT
Software applications and operating systems
Web-based information and applications
Telecommunications products
Video and multimedia products
Self-contained, closed products
Desktop and portable computers
Myth #7
Conforming to Section 508 will interfere with academic freedom.
False
Academic freedom is about the content.
Conforming to Section 508 simply allows access to that content.
Conforming to Section 508 should no more interfere with academic freedom than requiring a ramp does.
Myth #8
You only need to conform to Section 508 when making purchases for something used by students.
False
Section 508 applies to all purchases.
Technically any E&IT that is "DUMPed" falls under 508:
Developed
Used
Procured
Maintained
Only purchases are subject to legal liability.
Myth #9
We only need to conform to Section 508 when we have a disabled student in the class.
False
Section 504 deals with specific accommodations for specific persons; Section 508 deals with general access for all persons.
The idea is to have the access already in place whenever someone who needs it shows upeven if you didn't know the person was coming.
Myth #9
The folks in disabled student services offices should handle the section 508 issues.
False
Conforming to Section 508 is no more a disability services issue than conforming to the architectural standards for elevators and curb cuts is.
Disability services may function as an information resource, but 508 is not specifically their issue.
Myth #10
The folks in the IT department should be in charge of Section 508 conformance.
False
Although these folks can be helpful, they are not involved in the purchase of every fax machine, copier, scanner, telephone system, video, etc. on campus.
So Whose Job Is It?
Everyone's!
Administrators buying the campus phone system
Department secretaries buying new fax machines
IT folks choosing campuswide software
Department chairs purchasing videos
Faculty members creating Web sites
Purchasing deciding on bids for kiosks
508 touches everyone on campus involved with or using E&IT
Who to Involve
508 Committee with stakeholders represented
Administration
Purchasing
Disability services
IT
Faculty
Staff
Disabled students
When to Involve Them
When creating policy and procedures
When making large-scale purchases
E.g., phone systems, registration system, information kiosks
Where Does the Buck Stop?
Staff need to be trained
Someone has to have sign-off power
Federal Agencies
Have a 508 Coordinator
508 Coordinator should
understand the organization
have project management skills
be solution-oriented
be close to high-level administrators
have grasp of IT & assistive tech (doesn't need to be a techie)
understand difference between 504 and 508
be involved with budget, development, and architecture meetings
508 Coordinator
If you choose to have a 508 coordinator…
That person should have the authority to make decisions, take action, and enforce policy.
Campuses May Need
More Diffuse Structure
However, the more people who can sign off, the more training will be required.
It's a trade-off.
Procurement
And one of the biggest players in the process will be purchasing…