Defining Section 508

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Defining Section 508
Gateway to Accessibility

• Developed by NRCS

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EXECUTIVE SPONSORS

• Andrew Johnson, Director
• Civil Rights Division
• Mary Thomas, CIO
• Information Technology Division

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Some topics we will discuss

• What is Section 508?
• Historical perspectives.
• Who is affected by Section 508?
• What you need to know?

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USDA Federal Wide Actions

• TRACEY AMBEAU, USDA
• Section 508 Coordinator

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What is Section 508?

• Section 508 is part of the 1998 amendments to
  the Rehabilitation Act of 1973. It requires
  electronic and information technology developed,
  procured, maintained, or used by the Federal
  government to be accessible to all, including
  people with disabilities.

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EIT Accessibility?

• In general, an electronic or information
  technology system is accessible to people with
  disabilities if it can be used in a variety of
  ways that do not depend on a single sense or
  ability.
• Section 508 focuses on the overall accessibility
  of EIT systems, rather than providing
  accommodations at individual worksites.

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Accessibility vs- Usability

• Individuals with disabilities may still
• need specific accessibility-related
• software or peripheral devices to be
• able to use an accessible system.

Sidewalk vs Wheelchair Ramp
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Accessible Electronic and Information Technology
(EIT)

• A system that provides output only in audio
  format would not be accessible to people with
  hearing impairments this system could be made
  accessible by adding closed captions.
• Likewise, a system that only uses mouse actions
  for navigation would not be accessible to people
  who cannot use a mouse because of dexterity or
  visual impairment this system could be made
  accessible by enabling keyboard controls, such as
  using Function Keys, to allow mouse-independent
  navigation.

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Inaccessibility Barriers to Information and
Resources
Usability Easy to use Accessibility Barrier
free as possible
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Six Categories Covered by Section 508

• Software Applications Operating Systems
• Web Information, including Internet Intranet
  Services
• Telecommunications Products
• Video Multi-Media Products
• Desktop Portable Computers
• Self Contained Productscopiers, fax, kiosk, etc.

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Exceptions to Section 508

• ONLY National Security Systems are Exempt !
• Limited Exemptions include
• Micro-purchases until January 1, 2003
• EIT systems acquired by a contractor
• EIT systems in spaces frequented only by service
  personnel
• EIT systems imposing an undue burden on an agency

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USDA Procurement Responsibilities

• The Federal Acquisition Regulations (FAR) Final
  Rule for Section 508 compliance was published on
  April 25, 2001 establishing Section 508
  accessibility standards. These standards shall
  be made part of the Statement of Work in all USDA
  contracts, solicitations, purchase orders and
  task orders for electronic and information
  technology products procured, developed,
  maintained, or used by Federal Agencies.
• For detailed information, visit the following
  website http//www.usda.gov/procurement/policy/adv
  isories.html and follow procedures in AGAR
  Advisory Numbers 34 and 35.

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USDA Procurement Responsibilities (cont)

• As of, June 25, 2001, all active procurements
  must include the new 508 EIT standards.
  Technical evaluations will factor in the
  proposals ability to satisfy the greatest number
  of the standards. It is the responsibility of
  requiring official under Section 508 of the
  Rehabilitation Act as amended to ensure adherence
  with these standards.
• For a specific procurement action, USDA agencies
  and staff offices must continue to provide
  persons with disabilities access to or use of the
  information or data that is affected. Regulatory
  exceptions include demonstrated undue burden.

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USDA Procurement Responsibilities (cont)

• USDA must comply with Section 508 standards by
  purchasing services and supplies that are
  available in the commercial marketplace that
  provide the greatest level of immediate and
  future accessibility available without presenting
  a demonstrable undue burden on the agency.
• The General Services Administration has
  established a site on its Section 508 web site to
  provide vendors whose products meet the criteria
  in conformance with the accessibility standards
  an opportunity to list their products and briefly
  describe their performance. If interested,
  please link to www.section508.gov and select Buy
  Accessible.com.

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Federal Web Sites

• All USDA programs and information contained on
  web pages in existence before June 21, 2001,
  shall be made available to members of the public
  and federal employees in a way that does not
  discriminate against people with disabilities,
  consistent with our obligations under section 504
  of the Rehabilitation Act. The four To Dos for
  existing web pages are inventory, prioritize,
  update, and retire.
• As of June 21, 2001, newly created web pages
  should follow the Access Boards web
  accessibility provisions. For existing web pages
  on the Internet or Intranet sites, organizations
  should make the best use of their resources
  (beginning with the most popular) to ensure that
  all USDA programs contained on these pages are
  available in a nondiscriminatory manner.

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Administrative Complaints

• Section 508 does not authorize complaints or
  lawsuits to retrofit electronic and information
  technology products.
• USDA agencies receiving administrative complaints
  must apply the complaint procedures established
  to implement Section 504 of the Rehabilitation
  Act for resolving allegations of discrimination.
  In private lawsuits, the rights and remedies of
  the parties are the same as in litigation under
  Section 504 of the Rehabilitation Act as it
  applies to federally conducted programs.

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USDA Section 508 Team Accomplishments

• Chartered Section 508 Coordination Team in
  January, 2001
• Section 508 IT Accessibility web site was
  launched
• Advised agencies of the requirement to integrate
  Section 508 into their IT capital plans, budget
  plans, and strategic plans for FY 2003.
• Issued Agricultural Acquisition Advisories 34,
  34-A, and 35.
• Developed a Departmental Notice Section 508
  Implementation Interim Guidance. (DN4030-1).
• Established an enterprise agreement and purchased
  Department Wide WEB Testing tool

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LEGAL CIVIL RIGHTS
Lets take a closer look

• Cliff Denshire, NRCS
• National Disability Program Manager

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Section 508

• IT IS THE LAW
• Disability
• Accessibility

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Section 508

• NRCS Compliance Reviews

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Legal and Civil Rights Implication

• The Rehabilitation Act of 1973 was enacted to
  prohibit discrimination based on disability in
  Federal Employment and in the access to Federal
  programs, activities, and services.

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Legal and Civil Rights Contd

• The Rehabilitation Act was amendment in 1998 (PL
  105-220, title IV) in part to address
  nondiscrimination on the basis of disability and
  to require Federal agencies to make electronic
  and information technology (EIT) more accessible
  to people with disabilities by strengthening the
  technology access requirements under section 508.

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SECTIONS 501, 504, 508

• 501
• -federal employment
• -includes reasonable accommodation
• 504
• -federally conducted federally funded
• -general nondiscrimination
• 508
• -federally conducted only
• -enforceable only for newly procured EIT

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CR Section 508 Enforcement

• Section 508 requires Federal departments and
  agencies that develop, procure, maintain, or use
  electronic and information technology to ensure
  that Federal employees and members of the public
  with disabilities have access to and use of
  information and data that is comparable to the
  access to and use of information and data
  provided to employees and members of the public
  without disabilities, unless an undue burden
  would be imposed on the agency.

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What Is Section 508?

• This law is intended to ensure comparable access
  to and use of electronic information and
  information systems by people with disabilities.

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The ACCESS BOARD

• The Architectural and Transportation Barriers
  Compliance Board (Access Board), an independent
  Federal agency, issued final accessibility
  standards for electronic and information
  technology (EIT) covered by Section 508 on
  December 21, 2000. (36 CFR Part 1194)

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Undue Burden

• Undue Burden means significant difficulty or
  expense to the program or component for which the
  product is being developed, procured, maintained,
  or used. The interpretation of undue burden is
  consistent with case law, the Americans with
  Disabilities Act and Section 504 of the
  Rehabilitation Act of 1973, as amended.

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Undue Burden (continued)

• In determining whether acquiring EIT would
  impose an undue burden, an agency Department
  must consider all resources available to its
  program or component for which the supply or
  service is being acquired

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Section 508 regulations focus on accessibility
for the following groups

• People with Visual Disabilities (blind, low
  vision, color blindness)
• People with Hearing Disabilities (deaf,
  hard-of-hearing)
• People with Mobility Impairments
• People with Dexterity Impairments (carpel tunnel
  syndrome)

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Section 508 Enforcement

• Complaint Enforcement Process
• Complaints and lawsuits can only be filed against
  products procured after June 21, 2001
• Must allege inaccessibility of electronic and
  information technology that is developed,
  maintained, or used by a federal agency
• Does not authorize complaints or lawsuits to
  retrofit technology procured before this date.

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Staggering Stats

• Americans with disabilities spend twice as much
  time on the Internet.
• 500 million disabled worldwide
• 54 million disabled in US
• Aging population
• Temporary disabilities not included

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NRCS Employees with disabilities

• 2001 workforce 12,501
• Employees with disabilities 1,136 or 9.8
• Employees with Targeted disabilities 130 or
  1.03

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USDA / CAPPartnershipTARGET Center
ServicesFY-2002
Presented by Bruce McFarlane Acting Director
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TARGET Centers8 Workstations

• Low Vision
• Blind
• Mobility
• Deaf
• Multi-Disabilities
• Ergonomics
• Portable AT
• Section 508

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TARGET Services

• Equipment Loans
• Outreach
• Alternative Formatting
• Interpreting Services

• Outreach
• Demonstrations
• Assessments
• Assistive Technology
• Ergonomic

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USDA/CAP Partnership

• CAP granted authority and funding through the
  Defense Authorization Act of 2000 to provide AT
  to Federal agencies.
• CAP has a proven record with DoJ, DoI, DoC and 49
  other federal agencies in providing free AT in
  an efficient and timely manner.

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USDA/CAP Partnership

• On August 30, 2002, Secretary Veneman signed the
  MOU entering USDA into the partnership.
• MOU removes all financial barriers to providing
  AT and improves reporting procedures.
• Partnership will be a critical component of
  USDAs efforts in becoming a model federal
  employer.

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Whats Covered
USDA/CAP Partnership

• Screen Readers
• ALDs
• Magnification Software
• CCTVs
• Brailling equipment
• Scooters (c-b-c)

• On screen keyboards
• Alternative Input Devices
• TTYs
• Alerting devices
• VRS
• AT Training

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Whats Not Covered
USDA/CAP Partnership

• Interpreters
• Notetakers
• Readers
• Furniture
• Ergonomic Devices
• Architectural Modifications

• Regular Upgrades
• Computers
• Personal Aide Devices (wheelchairs, walker, etc.)
• Section 508 compliance products

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TARGET Centers Role
USDA/CAP Partnership

• Process AT requests to CAP
• Provide assessments, education and technical
  support as needed
• Record keeping
• Submit quarterly reports to SACED
• Inform users of product upgrades and new
  technology solutions
• Customer service requests and surveys

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Potential Concerns
USDA/CAP Partnership

• Awareness and buy-in from management.
• Coordination among all parties involved.
• Disability or appropriateness of request unclear
  CAP has final say.
• CAP funding interruptions.
• IT technical support lacks AT interoperability
  knowledge.

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Thank You
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Testing Process for Section 508

• NRCS-ITC
• Ken Carpenter

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Some topics we will discuss

• How 508 testing strategy evolved
• Early lessons learned
• Testing Processes Benefits/Shortcomings
• QA

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ITC 508 Project

• NRCS is working to bring our Web Sites in
  compliance with Section 508.
• 508 Compliance for existing and new web
  applications
• Similar to Y2K effort
• DOCUMENT!!!!!!

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Testing Strategy Evolution

• Develop and Document Agreed-to Testing Strategy
  with RD/FSA (GPEA 508 Team)
• Testing Tool Selection
• PageScreamer chosen by USDA
• Add to every ITC Website Homepage
• Accessibility statement.
• Contact Reference
• Provide 508 Training to ITC Web Developers

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508 Test Process
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Early Lessons Learned

• Test app chosen as Guinea Pig
• How about the biggest one first?
• PLANTS (OVERWHELMING)
• Test ran overnight and never finished
• Customer Service Toolkit (Website)
• 26 Pages
• 2500 Potential Problems found
• After Analysis --509 Real Problems (False
  Positives)
• Select small web app for testing and develop a
  Comprehensive Test Document Set
• Provide 508 Training to Web Developers EARLY

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Testing Overview

• Our major Testing message is
• No single form of testing is wholly sufficient
• Each of the Phases recommended here are
  supplementary to the others

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Test Documentation Set
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Test Document Set
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Test Document Set
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Test Document Set
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Independent Verification Validation

• Identify an outside agency/private firm that can
  provide product/process review
• Identify appropriate subject application for
  review (How about PLANTS) ?
• Compare the review findings and modify the
  process where needed
• Note
• Needs to be done early in the process to make it
  useful

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CONCLUSIONS

• Anita Byrd
• NRCS Section 508 Coordinator

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Summary

• What have we learned?
• Section 508 is a federal law.
• Covers EIT accessibility
• Targeted to Persons with specific disabilities
• Federal Agencies Legal Liabilities

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Summary Continued

• Covers six main EIT categories
• Software including OS
• Hardware (desktops/portables
• Web Services (Internet/Intranets)
• Self contained closed products (kiosks)
• Telecomm Products
• Video multi-media

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REHABILITATION ACT of 1973

• Defined rights of the persons with disabilities
• Non-discrimination on basis of disability in
  programs or activities receiving Federal money

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Section 508 Whats Covered

• All EIT developed, procured, maintained, or used
  by Federal agencies must be accessible
• Alternative means of access when accessibility
  cannot be achieved
• Tasked the Access Board to develop standards
  (12/21/00)
• Required revision of the FAR to create binding,
  enforceable procurement standards
• Authorizes lawsuits after June 21, 2001

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Section 508 Whats Not

• Does NOT require
• Agencies to provide AT to the general public
• All workstations to be fitted with AT
• Retrofitting of EIT (e.g., Web pages)

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Your Section 508 Implementation Team

• Anita K. Byrd
• Ken Carpenter
• Cliff Denshire
• Ann Jenkins
• Kim Kidney
• Terry Kirby

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NRCS Accomplishments

• Drafted Section 508 Implementation Plan
• Developed WEB Standards
• Provided WEB Developers Training
• Developed Testing Strategy Procedures
• Issued Procurement Guidance
• Participate in USDA Section 508 Programs

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What You Can Do To Help

• Learn More about Section 508
• Work with your DEPM
• Research 508 Compliant Products
• Share Information With Others

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Contact Information

• USDA Section 508 Coordinator
• Tracey L. Ambeau
• [phone]
• Office of Civil Rights
• Andrew Johnson, Director
• [phone]
• USDA Target Center
• Bruce A. McFarlane, Acting Director
• [phone]
• NRCS Information Technology Center
• Ken Carpenter, Field Support Team Leader
• [phone]
• NRCS Section 508 Coordinator
• Anita Byrd
• [phone]

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• Questions????
• Suggestions???
• Info Sharing?