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Section Road Goes to 508 College
Gaeir Dietrich Director
High Tech Center Training Unitof the California Community Collegeswww.htctu.net
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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
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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.
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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.
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However…
States are not part of the federal government.
Your college is not part of the federal government.
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State Laws
All 50 states have laws on Web access
23 states have statutes, policies, regulations, or guidelines regarding procurement
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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
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ACCESS VS. ACCOMMODATION
Putting the Law in Context: Section 504 vs. Section 508
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Section 504 vs. Section 508
Section 504 addresses individual disability needs.
Section 508 addresses the infrastructure that allows access.
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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
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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
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Access vs. Accommodation
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BUYING UNDER 508At its heart, Section 508 is procurement law…
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Electronic and Information Technology
E&IT
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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.
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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
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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
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Not E&IT under 508
Microwaves (unless it sends faxes, too) Coffee makers Heating and ventilation systems Thermostats Tables, desks, and chairs
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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
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Procurement Process
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How to Buy under 508
Functional requirements drive the procurement, not Section 508.
First determine your business needs.
Then consider 508 accessibility.
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Functional Requirements
Determining may be an iterative process at first
Figure out some requirements—research products—realize other requirements
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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.
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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.
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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 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
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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.
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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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VIDEOSSection 508 Implementation Example
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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.
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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
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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
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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
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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
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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
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CASE STUDY
Higher ed in California has begun to implement the Section 508 Standards
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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
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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.
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Partnership Model
San José State Disability services, information services,
and procurement work together to implement Section 508
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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
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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
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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
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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
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Final Thoughts
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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
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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