Section 508 Makes Good Business Sense

1
Section 508 Makes Good Business Sense

• Gaeir Dietrich ? Acting DirectorHigh Tech Center
  Training Unitof the California Community Colleges

2
EIT under Section 508

• Section 508 applies to electronic and information
  technology (EIT)
• 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)
• Desktop and portable computers

3
Examples of EIT under 508

• Fax Machines
• Scanners
• Printers
• Copiers
• PDAs
• Computers
• Computer software
• Computer operating systems

• Phones
• Information kiosks
• ATMs
• Multimedia
• Videos
• World Wide Web

4
Not EIT under 508

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

5
The Gray Area

• Back office EIT is exempted
• Must literally be somewhere that people do not go
  all the time
• Applies to equipment that only technicians
  interact with

6
Where Do We Begin?

• Simplest to start with Web access.
• Relatively easy to implement
• Involves few individuals
• Prescriptive
• At its heart, however, Section 508 is procurement
  law.

7
Fears and Concerns
8
Concern 1

• Section 508 applies to everything we buy.

9
Nope

• Section 508 applies to electronic and information
  technology (EIT) only.
• If it requires electricity, has a screen or
  display to interact with, and transfers
  information it probably falls under Section 508.
• Microwave ovens dont countunless they send
  e-mail.

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Concern 2

• We always have to buy the most accessible
  productno matter what.

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No worries!

• 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.
• You do not have to buy more than you need.

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Concern 3

• We cannot legally buy an inaccessible product.

13
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.

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Concern 4

• Conforming to Section 508 is expensive.

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Good news!

• The Social Security Administration found that
  accessible products generally cost little if any
  more than inaccessible ones.
• Buying accessible saved USPTO over 1,200,000 in
  one year on accommodations.
• Responding to complaints is far more expensive
  (in both time and money).

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Buying Under 508
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How to Buy under 508

• Functional requirements drive the procurement,
  not accessibility.
• First determine your business needs.
• Then consider accessibility under the Section 508
  standards.

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The Process

• Figure out as specifically as possible what you
  need.
• Determine which products meet your needs.
• Decide which sections of Subpart B of Section 508
  apply.
• Use VPATs and/or a checklist.
• In some cases, may need to do testing (508
  Standards, Subpart C).
• Pick the most accessible product that meets your
  needs.

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Functional Requirements

• Determining may be an iterative process at first
• Figure out some requirementsresearch
  productsrealize other requirements
• Document your needs.

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Requirements may include

• Tangible
• How big, how fast, how many
• Less tangible
• Interoperability
• Product support
• Safeguards
• Maintenance and repair
• Just make sure to document the needs!

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Pick Your Products

• Figure out a few products that meet your needs
• How many? Determine policy
• At least three?
• All the products should meet your needs equally
  well.

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Add Accessibility into the Equation

• Once you have determined your needs, research the
  market.
• Each of the six EIT categories has a list of
  technical specifications in Subpart B of Section
  508.
• Determine the appropriate sections of Subpart B.

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Getting Technical

• Each of the six EIT categories has a list of
  technical specifications in Subpart B of Section
  508.
• Determine the appropriate sections of Subpart B.

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Organize the Information

• Using the standards from Subpart B, create a
  table listing how each vendor did with a
  particular standard.
• Add your columns and see which product met the
  most standards.

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Analyze the Competition
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Business Needs Drive Process

• Focus on the functional requirements and you
  wont have to worry too much about the exemptions
• If no accessible products meet your functional
  requirements, you still buy what you need.

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Four Exemptions

• Fundamental alteration
• Product does not do what is required
• Technical infeasibility
• Not possible to make it accessible
• Commercially unavailable
• It doesnt 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

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Summary

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

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Bottom Line

• Following the process for buying under Section
  508 will result in cost savings!
• The right products are purchased
• Purchased products will meet your needs
• Products will be just right, neither too much
  nor too little
• Will save money in accommodations