IT Accessibility and Procurement: Successes, Challenges, and Lessons Learned Greg Kraus, NC State University Tracy Mitrano, Cornell University Tom Siechert, California State University Fresno Paul Paire, Temple University

Agenda Overview of Procurement and its Problems - Greg Kraus CSU Accessible Procurement Process – Tom Siechert Exceptions – Paul Paire Law and Policy: Challenges and Opportunities – Tracy Mitrano Q&A

Overview of Procurement and Its Problems Greg Kraus

Campus Requirements Section 504 and the Americans with Disabilities Act (Title II and Title III) Equal access to educational services May have State requirements Which standard to use in procurement is a question Section 508 vs WCAG 2

Procurement Language Where do you put it? A standard request for all procurement? Done on a case-by-case basis in RFPs, RFQs, and contracts?

Section 508 or WCAG 2? WCAG 2 – Web Content Accessibility Guidelines Section 508 explicitly covers more than just Web. It covers all Electronic and Information Technology (EIT) While Section 508 is much older and less helpful in cases, it more accurately reflects the covered technologies on your campus Do you have a Web accessibility policy or an EIT accessibility policy?

Sample Procurement Language All EIT must Meet the applicable accessibility standards of Section 508 (almost all) Provide Voluntary Product Accessibility Template (VPAT) (many) Provide an audit or test results (some) Detail why some aspects are not in compliance and how and when they will be brought into compliance (some)

Procurement Problems Do purchasers know to check up on the requirement? Do you have a central group that knows enough to be able to approve EIT purchases and validate accessibility? How do you handle the volume of EIT being procured? What if something doesn’t go through the official procurement process? Open source? Below a certain cost threshold? Pilot program? Does the documentation you are asking for tell you what you really need to know?

Solving Problems with Friends Security Compliance Enterprise Services (Data Integration) Ask What does the product do? Who will use it and how? Type of data being stored? Integrate with other systems?

CSU Accessible Procurement Process Tom Siechert I am the ATI Procurement Program Manager for California State University Fresno. I am also here representing the California State University Procurement Standardization work group; and the CSU Accessible Technology Network group.

CSU Accessible Procurement – Background 2007: CSU Accessible Technology Initiative 3 Areas of Focus: Instructional Materials, Web, Procurement Procurement Goals: Establish Accessible Procurement processes to cover all purchases within 3 years Phased approach based upon dollar thresholds 2012/3: Updated Coded Memo Six Key Strategies to Implement ATI Emphasis on continuous improvement & prioritization based upon impact

CSU Accessible Procurement – Background 2013 CSU Procurement Standardization Workgroup formed 6 Campuses + Office of the Chancellor Goals: Establish more consistent approach Share expertise throughout system Accelerate program development Speak with one voice

CSU Accessible Procurement – What is it? Process Includes: Standardized Processes and Forms Defined Roles and Responsibilities Guidance (How To’s) Resources Adapt or Adopt to meet campus needs To what I will discuss in perspective, I think it would be good to give a brief overview of how we got here: > In 2007, the California State University, Office of the Chancellor launched the Accessible Technology Initiative – which focused on ensuring Accessible Technology in three main areas: Instructional Materials, Web, and Procurement > In my role as the senior campus IT Buyer, I know we were really scrambling to figure out how we were going to meet these completely new requirements, without any additional funding, in really aggressive timelines. Collaboration between campuses was limited, and we really didn’t have a good idea how we could do much to advance the efforts, especially for Procurement, or where to even begin. Fast forward to 20__, Cheryl Pruitt was named as the Director of the ATI. One of her first priorities was to take a look at the previous goals of we will do everything by date-certain timelines to recognizing the various levels of support at each of our 23 campuses, and given limited resources, campuses really needed to focus on those activities that would give them the most bang for the buck. The emphasis changed to one of determining the impact and campus capacities when determining what each campus should focus their efforts. About 2 years ago, a Procurement Standardization group was formed with members from six campuses + the CSU Office of the Chancellor Goals – to develop standardized processes, forms, best practices, guidance that could be adopted or adapted as needed to fit each individual campus

CSU Accessible Procurement - Highlights The 4 Steps Step 1: Pre-Purchase Information + VPAT What / Who / How Used / Where / Future Plans Step 2: Accessibility Documentation Review Impact determination Plan of action Step 3: Accessibility Review Overall Goal: Identify Real-World gaps Sub-Goals: Create EEAAP / Get Vendor to Commit to Accessibility Roadmap Methods: VPAT / Vendor Demos / Hands-on testing Step 4: Place Order

CSU Accessible Procurement – First Steps To create your own Accessible Procurement Program Begin with solid foundation: Establish Campus Policy Gain Executive Support Hire/Name IT Accessibility Coordinator More Info: http://teachingcommons.cdl.edu/access/procurement_process/index.shtml

Exceptions to the rule and managing those exceptions Paul Paire

Let’s get one thing clear Exception ≠ Exemption Exception: One time, not permanent Needs approval Exemption: Don’t have to worry about it, at all (it does not apply)

Exceptions to what? Everything has to be accessible? Federal statutes What’s your policy or practice? Everything has to be accessible? What are you required to adhere to? Federal statutes State and local laws/statues University policy and procedures

Why would there be exceptions? “To every rule there is an exception—and an idiot ready to demonstrate it. Don't be the one!”  ― Vera Nazarian, The Perpetual Calendar of Inspiration No vendor in the field has an accessible product. The product that is fully accessible doesn’t meet the business requirements You’ve got a product in place that’s not compliant and it’s not feasible to replace it. Functional requirements of the product preclude full accessibility. Technical requirements of the major preclude certain disabilities Safety/Security trumps accessibility. Restricted access. Personal use.

508 vs 504 & Title II/III Section 508 (rehab act) Section 504 (rehab act) & Title II/III (ADA) Has documented exceptions (1194.3) National security Contractors purchase incidental to contract Personal use Where the information is made available to the public Fundamental Alteration Restricted Access Discusses commercial unavailability Defines “Undue Burden” Does not have provisions for non-compliance Litigation cites section 504 non-compliance (not 508 non-compliance) and Title II/III non-compliance Requires equally effective access in a reasonable timeframe

Why would there be exceptions? (revisited) No vendor in the field has an accessible product. Must purchase the most accessible product - see 1194.2 (b) The product that is fully accessible doesn’t meet the business requirements ibid You’ve got a product in place that’s not compliant and it’s not feasible to replace it. See ‘Undue Burden’ defined in 1194.4 Functional requirements of the product preclude full accessibility. Fundamental alteration is a valid exception – see 1194.3 (e) Technical requirements of the major preclude certain disabilities Must meet section 504 Safety/Security trumps accessibility. For national security per 1194.2 (a) Restricted access. If visited only be service personnel for maintenance, etc– see 1194.3 (f) Personal use. Valid exception per 1194.3 (c) (have legal council review)

Handling exceptions Committee that reviews and approves/denies Have an established process Committee that reviews and approves/denies Form for people to fill in (and to track exceptions) Description of product/service Scope of usage What exception category, and why What reasonable accommodations would be made? Equally Effective Alternate Access plan (EEAAP) This allows for the balance between 508 and 504 Proactive decision for accommodations How long are the exceptions good for?

Then what? Get the vendor to improve the product If they can proceed with the purchase, let people know that while it’s OK to proceed with the purchase this time, they are now on the hook to: Get the vendor to improve the product Find an accessible alternative and get it implemented before the exception expires If they can’t proceed with the purchase, let them know why and what they need to do.

Closing thoughts Section 504 & Title II/III still require you to provide timely and reasonable accommodations and equally effective access Don’t surprise people with a new purchasing accessibility requirement, get the word out Get the person looking to make the purchase to include accessibility as one of the business requirements Engage vendors during the evaluation process, not once someone has already decided to make the purchase If the product isn’t fully accessible, look for products that are (or determine which is the MOST accessible)

Law and Policy: Challenges and Opportunities Tracy Beth Mitrano

Law and Policy: Challenges and Opportunities Historically, the challenges came in questions about applicability of section 508 of the Rehabilitation Act to colleges and universities; for private institutions, it did not. Therefore, administrators often failed to consider their obligations under the Americans with Disabilities Act. Case law made the point that the ADA applies to the web. Department of Justice investigations at both public and private institutions further established that point.

Standards Once legal obligation established, the question become once of standards. What’s “accessible?” Section 508, written in 1997, is no longer sufficient. WCAG 2.0 AA

WCAG 2.0 AA Standard established by European Commission as the foundation for accessibility within the European Union. Standard put forth by the Department of Justice, Civil Division, through administrative law to apply to Title II of the ADA, which applies to governmental entities. Standard expected to be submitted again by DOJ, CD, to apply to Title III, public accommodations, and would therefore apply to all colleges and universities, public or private.

A rose by any other name would smell as sweet … Call it a policy, call it a plan, or don’t call it anything at all (if local politics suggest that tact is best) but your institution must do something that is a bona fide work in progress in establishing accessibility to the standards of WCAG 2.0 AA

Convergence Unique opportunity exists to harmonize Europe and the United States, market and higher education sectors to a single set of standards that are good for uniformity, vendors, colleges and universities … and most important, for those in need of those services. Higher education should embrace this opportunity … Better yet: become leaders in promoting it!

Help Us Improve and Grow Thank you for participating in today’s session. We’re very interested in your feedback. Please take a minute to fill out the session evaluation found within the conference mobile app, or the online agenda.

got questions?