1. 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

2. 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

3. Overview of Procurement and Its Problems
Greg Kraus

4. 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

5. 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?

6. 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?

7. 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)

8. 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?

9. 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?

10. 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.

11. 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

12. 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

13. 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

14. 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

15. 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:

16. Exceptions to the rule and managing those exceptions
Paul Paire

17. 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)

18. 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

19. 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.

20. 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

21. Why would there be exceptions? (revisited)
No vendor in the field has an accessible product.
Must purchase the most accessible product - see (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
Functional requirements of the product preclude full accessibility.
Fundamental alteration is a valid exception – see (e)
Technical requirements of the major preclude certain disabilities
Must meet section 504
Safety/Security trumps accessibility.
For national security per (a)
Restricted access.
If visited only be service personnel for maintenance, etc– see (f)
Personal use.
Valid exception per (c) (have legal council review)

22. 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?

23. 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.

24. 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)

25. Law and Policy: Challenges and Opportunities
Tracy Beth Mitrano

26. 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.

27. 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

28. 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.

29. 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

30. 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!

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