U.S. General Services Administration

Section 508 Basics Section 508 Overview

presented by

Helen Chamberlain

General Services Administration Office of Governmentwide Policy

Section 508 of the Rehabilitation Act

Section 508 of the Rehabilitation Act, as amended in 1998 - requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the electronic and information technology allows Federal employees with disabilities and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of data by Federal employees and members of the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

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US Access Board – An independent Federal agency, whose primary mission is to promote accessibility for individuals with disabilities. The Access Board is responsible for the development and monitoring of Section 508 Standards.

General Services Administration (GSA) – Responsible for Program Management. GSA provides tools and analysis to support government agencies in providing electronic service technology to businesses, other government customers, and citizens.

Department of Justice (DoJ) – Judicial oversight responsibilities. Every two years the Department of Justice reports to Congress and the President on the government's progress in complying with Section 508.

Office of Management and Budget (OMB) – Provides Federal Section 508 Program Oversight, and issues policy guidance.

Federal Agencies Accountable for

oversight, support and reporting

Champions for the Cause

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Chief Information Officer

BE A CHAMPION Demonstrate

• Influence • Passion • Understanding

INVESTIGATE Determine

• Identify current needs for IT purchases • Identify applicable Sec508 technical

requirements

EDUCATE Encourage

•Awareness from Executives down •How do we integrate §508 into the procurement life cycle process?

Coordinate Facilitate

• Identify current needs for IT purchases • Coordinate with the Requirements developer • Develop and conduct accessibility training

Chief Acquisition Officer

INVESTIGATE Determine

•How do we integrate §508 into the procurement life cycle process?

EDUCATE Encourage

• Training at all levels • Awareness from Executives

down • Resources for learning

BE A CHAMPION Demonstrate

• Influence • Passion • Understanding

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•Section 508 benefits Service Disabled Veterans who are entering the Federal workforce in record numbers by providing job opportunities with accessible environments •Section 508 benefits persons with disabilities who work for or are seeking employment with the Federal government by providing an accessible workplace

•A blind employee relies on assistive technology, as well as accessible web applications to do his job.

Section 508 is about doing the right thing to provide equal access to information technology for Federal employees and members of the public.

The Human Side – Why 508 Matters

Why Enforce the Law?

• It’s the right thing to do

• An agency can be sued

• Legal responsibility for compliance resides with your agency, not with the vendor.

• YOU have a vested interest

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You are at Risk

• Lawsuits are becoming more common - according to a 2012 DoJ report, since 2001, 140 administrative complaints and 7 civil actions had been filed against Agencies over Section 508.

• It is not just lawsuits - for the past 10 years, “people have often used arbitration to enforce the provision in cases filed through unions and other organizations. Some arbitration cases result in large fines, which agencies must pay” - FCW, Jan 22, 2007

• Failing to specify 508 technical requirements in your procurement, and not developing to the standard from the beginning of the process, or accepting a partially compliant or non-compliant product can lead to remediation costing a lot of money.

• No Undue Burden Exceptions! - The DoJ Office of Civil Rights has stated that even significant expense does not constitute an Undue Burden if it can be proven that the cost of complying could have been reduced by planning for accessibility from the outset.

How does Section 508 affect ICT?

• Section 508 applies to ALL ICT contract vehicles and procurement actions, including micro-purchases.

All ICT that is “developed, procured, maintained, or used”

Enforced through the FAR, DFAR,

etc.

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Who does Section 508 Apply To?

Section 508 applies to the Federal Departments and Agencies and the US

Postal Service

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The Refreshed Rule

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ICT Updated Terminology

Information and Communication Technology (ICT) instead of “Electronic and Information Technology (EIT)”

Function-based approach instead of product categories • Examples:

ICT with Two-Way Voice Communication instead of “Telecommunications products” ICT with Closed Functionality Instead of “Self-contained, closed products”

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Key Changes from Original 508

• Broad Application of WCAG 2.0 A and AA

• New or convergent technologies - content now shared across many platforms – desktop PC, tablet, mobile phones

• Changes in technology lead to focus on functions rather than product types

• Market forces seeking harmonized standards for ICT around the world

More Changes

• Delineation of Electronic Content (Official Communications) – Specifies which “electronic content” has to be

accessible

• Expanded Interoperability Requirements – How hardware and software (i.e. Apps) needs to

interact with Assistive Technology

• Requirement for RTT (Real-Time Text) – Transmits each character texted, as opposed to

SMS (and similar) which transmits entire message

Questions from Group

• If AAA is targeted at Government agencies, what is the target audience for A and AA?

• In our print production line we have front-office and back-office software, is there any recommendation on focus to make one more accessible than the other?

• Is the imagining industry focused more on meeting the AA requirements?

What is Safe Harbor?

• Under the Safe Harbor, unaltered, existing ICT (including Content) that complies with the existing 508 Standards need not be modified or upgraded to conform to the Revised 508 Standards. This Safe Harbor applies on an element by element basis in that each component of portion of existing ICT is assessed separately.

• Alteration: A change to Existing ICTthat affects interoperability, the user interface, or access to information data.

• Existing ICT: ICT that has been procured, maintained, or used on or before January 18, 2018.

Important Dates

• Published in the Federal Register: Jan. 18, 2017

• Effective Date (amended per Notice in the Federal Register): March 21, 2017

• Compliance Date: January 18, 2018

• Compliance date for procurements will be determined by the FAR Council.

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Index for ICT Standards and Guidelines: 36 CFR Part 1194

Appendix A

508 Chapter 1: Application and Administration

508 Chapter 2: Scoping

Appendix B

255 Chapter 1: Application and Administration

255 Chapter 2: Scoping

Appendix C

Chapter 3: Functional Performance Criteria

Chapter 4: Hardware

Chapter 5: Software

Chapter 6: Support Documentation and Services

Chapter 7: Referenced Standards

Appendix D

EIT Accessibility Standards as Originally Published on December 21, 2000

Chapter 1: Application & Administration

E 101 General

E101.1 – Purpose

E101.2 – Equivalent Facilitation

E101.3 – Conventional Industry Tolerances

E101.4 – Units of Measure

E102 Referenced Standards

E103 Definitions

Chapter 2: Scoping Requirements

• E201 Application

• *E202 General Exceptions

• E203 Access to Functionality

• E204 Functional Performance Criteria

• *E205 Electronic Content

• E206 Hardware

• E207 Software

• E208 Support Documentation and Services

Chapter 2: E202 General Exceptions

• National Security

• Federal Contracts

• ICT in Maintenance & Monitoring Spaces

• Undue Burden or Fundamental Alteration – Documentation

– Alternate Means

• Best Meets – Documentation

– Alternate Means

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Chapter 2: E205 Agency Official Communication

A. An emergency notification B. An initial or final decision adjudicating an administrative

claim or proceeding C. An internal or external program or policy announcement D. A notice of benefits, program eligibility, employment

opportunity, or personnel action E. A formal acknowledgement of receipt F. A survey questionnaire G. A template or form H. Educational or training materials I. Intranet content designed as a Web page

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Chapter 3: Functional Performance Criteria

301 General 302 Functional Performance Criteria

302.1 Without Vision 302.2 With Limited Vision 302.3 Without Perception of Color 302.4 Without Hearing 302.5 With Limited Hearing 302.6 Without Speech 302.7 With Limited Manipulation 302.8 With Limited Reach and Strength 302.9 With Limited Language, Cognitive, and Learning Abilities

Functional Performance Criteria

• The functional performance criteria of Chapter 3 are outcome-based provisions that address accessibility relevant to disabilities impacting vision, hearing, color perception, speech, manual dexterity, reach, and strength.

• The functional performance criteria are to be used where a technical requirement is silent or to determine whether an alternative means of compliance is sufficient under the provision of equivalent facilitation.

Chapter 4: Hardware 401 General 402 Closed Functionality 402.1 General. ICT with closed functionality shall be operable without requiring the user to attach or install AT other than personal headsets of other audio couplers, and shall conform to 402. 402.2 Speech output enabled 402.2.1 – 402.2.5 402.3 Volume 402.3.1 – 402.3.2 402.4 Characters on Display Screens 402.5 Characters on Variable Message signs 403 Biometrics 404 Preservation of Information Provided for Accessibility 405 Privacy 406 Standard Connections 407 Operable Parts 407.1 – 407.8 408 Display Screens 408.1 – 408.3 409 Status Indicators 410 Color Coding 411 Audible Signals 412 ICT with Two-Way Voice Communication 413 Closed Captioning 414 Audio Description 415 User Controls for Captions and Audio Descriptions

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402 Closed Functionality

Closed Functionally applies to ICT such as phones and kiosks

• Several provisions in Chapter 4 have exceptions for personalized ICT

• Example: 402.2.5 Braille Instructions

EXCEPTION: Devices for personal use shall not be required to conform to 402.2.5.

Chapter 5: Software

501 General

502 Interoperability with Assistive Technology

502.1 – 504.4

503 Applications

503.1 – 503.4

504 Authoring Tools

504.1 – 504.4

Chapter 6: Support Documentation and Services

• 602.1 General – Support Services, help desks, call centers, training services, automated self service

• 602.2 Accessibility and Compatibility Features – Information on accessibility and compatibility features

• 602.3Accommodation of Communication needs – Provided directly to user or through a referral to a POC

Chapter 7: Referenced Standards

701 General

Shall apply to ICT where required by 508 Scoping Requirement Chapter 2, and where referenced in any other chapter of the Revised 508 Standards.

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What about Mobile?

No separate chapter or section for mobile

Mobile technology was taken into account throughout the rulemaking process

Mobile phones are covered under hardware

See Chapter 4: Hardware

Mobile apps are covered under software

See Chapter 2 citation to WCAG 2.0 for software (E207.2)

See Chapter 5: Software

WCAG 2.0 • The proposed rule includes significant changes that

would: • incorporate the WCAG 2.0 and apply associated

success criteria to websites as well as to offline electronic documents and software;

• require real-time text functionality (text that is transmitted character by character as it is being typed) for products providing real-time, two-way voice communication;

• specify the types of non-public facing electronic content covered; and

• further detail the required compatibility of covered technologies, including operating systems, software development toolkits, and software applications with assistive technology.

WCAG 2.0

• The proposed rule incorporates by reference the WCAG 2.0 and applies it not only to websites but also to off-line documents and software in order to enhance accessibility and uniformity and to simplify conformance and assessment.

• WCAG 2.0 is technology-neutral and its success criteria can be applied to any web-based technology and, with few changes, to non-web documents and software as well.

Coverage of Electronic Content •

The proposed rule, consistent with the existing 508 Standards, requires a federal agency’s public-facing content to be accessible, including websites, documents and media, blog posts, and social media sites.

• The proposed rule also clarifies the types of internal or non-public electronic content that must comply and specifies concrete, testable technical requirements.

• In addition to public-facing content, compliance would be required for a federal agency’s electronic content that constitutes agency official business or that falls within any of these categories: emergency notifications; initial or final decisions adjudicating administrative claims or proceedings; internal or external program or policy announcements; notices of benefits, program eligibility, employment opportunities or personnel actions; formal acknowledgements or receipts; questionnaires or surveys; templates or forms; and educational or training materials.

Real Time Text

• The proposal would require RTT functionality for products providing real-time, two-way voice communication, consistent with the advisory committee report. Such products would be required to support RTT either within a closed system or outside a network. The Board has posed a number of questions about the technical requirements and referenced standards that should apply to RTT.

Procuring ICT Products and Services

• Section 508 starts with the creation of ICT requirements

How will this affect Procuring ICT? • The way Section 508 requirements are written into the

requirements document will change. – Function-based approach instead of product categories

• Example: Two-way communication instead of telecommunications products

– Refreshed tools (BA) and training will be provided

• The procurement guidelines in the FAR will not change

• Market research is still required

• The Section 508 part 39.2 in the FAR will be updated to reflect the refreshed standards and set the starting date for procurement to comply.

Integrating Accessibility Into

Federal Contracts

• The effect of Section 508 on federal acquisition can be summarized in four basic phases:

• Need, Requirement, Research, and Solicitation.

• Need: agencies must include Section 508 in requirements planning, determining from the start how Section 508 will apply.

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Integrating Accessibility Into

Federal Contracts • Requirement: agencies must include Section

508 requirements when describing agency need, identifying the specific Section 508 standards that apply to required EIT product or service deliverables.

• Research: agencies must consider Section 508 requirements when assessing EIT availability, researching EIT that can meet the identified Section 508 standards.

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Integrating Accessibility Into

Federal Contracts

• Solicitation: agencies must ensure EIT acquisitions meet the applicable Section 508 standards, documenting appropriate Section 508 language in solicitations and including Section 508 factors when evaluating proposals and accepting contract deliverables.

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Micro Purchases

• Section 508 still applies!

• Still have to do market research

• Purchases under $3500

• Usually with a Purchase Card

• The Buy Accessible Tool is being updated to reflect the new standards

• The Quick Links are being updated

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BuyAccessible Tools and Resources

• www.section508.gov

• The BuyAccessible Tool is a web-based tool that: – Guides users through the acquisition process, gathering

data and providing information about ICT and Section 508 compliance

– Compiles a running summary documenting the process and its results

• Tool is being refreshed

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GPAT VS VPAT What will happen now?

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VPATS and GPATS

• What is a VPAT?

• Voluntary Product Accessibility Template

• Industry created form

• Who uses it?

• Being updated by ICIT to VPAT 2.0

• What is a GPAT?

• Government Product Accessibility Template

• Output from BAW

• Being updated with refresh of tool

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First Cell Phone - 1973

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First Portable Computer - 1981

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First Website - 1991

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The Big Picture

• Section 508 should ultimately become transparent and simply part of doing business

• Interagency support/collaboration needs to improve

• A more cohesive 508 Community

• Improve the ability to share 508 results/resources (test results, training, procedures, etc.)

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The Bottom Line

• Section 508 affects all ICT that is “developed, procured, maintained or used” by the Federal government

• Not recognizing our responsibility for Section 508 in today’s environment is not a good business decision.

• Federal government is the leader in promoting the hiring and accommodating of persons with disabilities.

• Virtual and mobile workplaces present new requirements and challenges

• Watchdog organizations, advocacy groups, and unions have successfully filed lawsuits or arbitration cases.

• With the refreshed standards there will be new challenges.

– Implementation

– Training

– Collaboration

Resources

• www.section508.gov

– Guidance on everything to do with Section 508

• Procurement – BuyAccessible Tool

• Best Practices

• Section 508 and the Law

• Section 508 Coordinators

• And much more

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More Resources

• www.Access-Board.gov – Section 508 Standards and Section 255 Guidelines, technical assistance; – ICT Final rule (2017) – Webinars – Section 508 Best Practices – More guidance material under development

• http://w3.org/tr/wcag – WCAG 2.0 materials: – WCAG 2.0 Guidelines and Success Criteria – Understanding WCAG 2.0 (Technical Assistance (TA)) – Techniques for WCAG 2.0 (TA) – Customizable and interactive Quick Reference (TA)

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Still more resources

• www.adaconferences.org/CIOC/Archives – Section 508 “Best Practices” Webinar series (2013-2017). Sponsored by the U.S. Access Board and CIO Council (CIOC). Held bi-monthly.

Questions?

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