1. Section Road Goes to 508 College Gaeir Dietrich  Director High Tech Center Training Unit of the California Community Colleges www.htctu.net

2. What is Section 508?  Federal law  Part of Rehabilitation Act of 1973, as amended in 1998  Section 508 standards added in 2001 Previously was a guideline; standards carry the weight of law.  Applies to federal government

3. 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.

4. 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.

5. However…  States are not part of the federal government.  Your college is not part of the federal government.

6. State Laws  All 50 states have laws on Web access  23 states have statutes, policies, regulations, or guidelines regarding procurement

7. 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/st ateLawAtGlance.php

8. ACCESS VS. ACCOMMODATION Putting the Law in Context: Section 504 vs. Section 508

9. Section 504 vs. Section 508  Section 504 addresses individual disability needs.  Section 508 addresses the infrastructure that allows access.

10. 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

11. 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

12. Access vs. Accommodation

13. BUYING UNDER 508 At its heart, Section 508 is procurement law…

14. Electronic and Information Technology E&IT

15. 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.

16. 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

17. 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

18. Not E&IT under 508  Microwaves (unless it sends faxes, too)  Coffee makers  Heating and ventilation systems  Thermostats  Tables, desks, and chairs

19. 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

20. Procurement Process

21. How to Buy under 508  Functional requirements drive the procurement, not Section 508.  First determine your business needs.  Then consider 508 accessibility.

22. Functional Requirements  Determining may be an iterative process at first  Figure out some requirements— research products—realize other requirements

23. 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.

24. 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.

25. 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

26. 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.

27. Summary  Determine functional requirements  Determine what products are available  Pick the most accessible product  Consider exemptions if necessary

28. VIDEOS Section 508 Implementation Example

29. 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.

30. 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

31. 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

32. 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

33. 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

34. 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

35. CASE STUDY Higher ed in California has begun to implement the Section 508 Standards

36. 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

37. 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.

38. Partnership Model  San José State  Disability services, information services, and procurement work together to implement Section 508

39. 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

40. 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

41. 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

42. 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

43. Final Thoughts

44. 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

45. More Information  http://www.access- board.gov/sec508/guide/index.htm  http://www.access- board.gov/sec508/refresh/report/  http://www.calstate.edu/Accessibility/web accessibility/evaluation/index.shtml