Subpart A Report 2007-05-20

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TEITAC Subpart A Workgroup Status of Issues

Contents

Overview

Issues/Topics With General Agreement Reached:

  • § 1194.2(A) Application
  • §1194.3 General Exceptions
    • Fundamental Alteration
    • Back Office

Issues/Topics With General Agreement Reached, But Further Discussion Needed:

  • §1194.3 General Exceptions
    • Products With Narrow Delineated Use: New Section

Issues/Topics That Remain Unresolved — Further Discussion Necessary

  • § 1194.2(B) Application (Best Meets)
  • § 1194.2(D) Application.  New Subsection (Comparable Access)
  • §1194.4 Definitions
    • Accessibility
    • Assistive Technology
    • Captioning
    • Electronic & Information Technology
    • TTY
    • Undue Burden
    • Video Description

Note: New languague noted in CAPS, Deletions in [ ].

§ 1194.2(a) APPLICATION

(a) Products AND SERVICES covered by this part shall comply with all applicable provisions of this part.  When developing, procuring, maintaining, or using electronic and information technology, each agency shall ensure that the products comply with the applicable provisions of this part, unless an undue burden would be imposed on the agency.

  1. When compliance with the provisions of this part imposes an undue burden, agencies shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.
  2. When DEVELOPING, procuring, OR MAINTAINING a product, if an agency determines that compliance with any provision of this part imposes an undue burden, the documentation by the agency supporting the development, procurement, or maintanence shall explain why, and to what extent, compliance with each such provision creates an undue burden.
RATIONALE:  Application Provision (a)(2) currently only applies to the procurement of products.  Changes ensure that the consideration of undue burden can also be applied when developing and maintaining products.
GENERAL AGREEMENT – FURTHER DISCUSSION REQUIRED — there needs to be a discussion of the definition of “product” and whether it includes service — should “product” be used in our documentation to mean everything that falls under E&IT?

§ 1194.2(b) APPLICATION.

(b) When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation.  Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards.  If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.

UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  No resolution to date on recommendations regarding terminology such as “best meets” which will frame how agencies determine which products to acquire.

§ 1194.2(d) APPLICATION.  New Subsection

When determining if individuals with disabilities have access to and use of information and data that is comparable to that available to individuals without disabilities, each agency shall ensure that individuals with disabilities have access that is timely, accurate and complete, and in a manner and medium appropriate to the significance of the message.  Timely access includes consideration of the speed with which a person with a disability can use electronic and information technology to access information or perform a task as compared to an individual without disabilities.  Accurate and complete access ensures that the information and data reflects the intended meaning especially when converted into another form or media.

RATIONALE:  After careful review of the considerations, experiences and challenges encountered by federal agencies regarding the requirement of federal agencies to ensure that “individuals with disabilities who are federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities”... the workgroup agreed that adding a new section to the Application Section of 508 would more appropriately address the need for guidance, rather than adding a new term to the definitions section.  The term Comparable Access is not a term used in the Law or Standards so to add a new term that has no link to the law or standards would not be appropriate.
''UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  Agencies need to define comparable access since this is in their jurisdiction.
  • The intent is to provide guidance to government agencies
  • Should this be “guidance” or go directly into the standard?
  • Does this new section go beyond the original intent of comparable access?
  • Is it best practice?
  • What does “accurate” mean?
  • What does “in a manner and medium appropriate to the significance of the message” mean?
  • How is it measured?  How does an agency know whether they’ve met the intent?  What is the benchmark?
  • As written, there are concerns that there are multiple interpretations and understandings of the languague which may translate into inconsistent application across agencies.

§1194.3 GENERAL EXCEPTIONS

FUNDAMENTAL ALTERATION

Revised Change (05/17/07):

(e) This part shall not be construed to require a fundamental alteration in the nature of the product OR THE AGENCY’S INTENDED BUSINESS NEED, or its components.

RATIONALE:  Added change addresses the relationship of the business need relative to fundamental alteration and clarified that the business need must be addressed by a product.
GENERAL AGREEMENT REACHED

BACK OFFICE

Revised Change (05/17/07):

(f) Products located and OPERATIONS EXECUTED in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this part.

GENERAL AGREEMENT REACHED

PRODUCTS WITH NARROW DELINEATED USE:  New Section

Products with narrow, delineated use and no capacity for assistive technology to be attached to the product (such as personal use calculators) for which an agency can document readily availability specialized products in the commercial marketplace that have a variety of access features (such as calculators with speech, with large visual display, with large keys/buttons, etc.) are not required to comply with this part as a whole. Agencies must however provide specialized products with appropriate access features as necessary to meet the needs of end-users with disabilities.

RATIONALE:  The argument for a new exemption includes the fact that when the Standards first took effect, a micro-purchase exemption was in place.  A benefit of that exemption is exactly what the new proposed exemption is directly targeting – that some purchases are truly personal, are basically a disposable commodity, and have little value or impact.  A number of agencies are struggling with this concept.  Efforts were made by GSA to address for the Buy Accessible Wizard.  Having a clear exemption in the FAR would help standardize approaches to this subject.
GENERAL AGREEMENT – FURTHER DISCUSSION REQUIRED — There is agreement to put item forward as a new exceptionm although further discussion is required. This exemption as originally drafted stated that “Agencies must however procure specialized products with appropriate access…” A question was raised whether because the clause directly stated procurement as the activity that is might be more appropriately addressed and implemented through the FAR.  However, some would prefer it be added as a 508 standard since states don’t fall under FAR requirements.  The proposed languague was modified to replace “procure” with “provide”.  This proposed addition may need to be revisited once the self-contained and other workgroups propose in terms of technical or functional standards. There may not be a need for this requirement.

§1194.4 DEFINITIONS

(Note:  Definitions need to be revisted later in the process to ensure the terms are being used in the technical or performance standards, are the terms are consistent and the defintion reflects and clairifies the intent of the standard.)

ACCESSIBILITY

For the purpose of this regulation, general accessibility means conformance to the technical provisions contained in this standard.  The term, accessibility, may also be used to define a broad set of features and capabilities which enable people with disabilities access to technology.

COMMENT:  The proposed definition doesn’t seem to cover the functional performance criteria and it would seem to rule out conformance via equivalent facilitation.
SUGGESTED REWORDING RECEIVED THROUGH COMMENTS:  “For the purpose of this regulation, accessibility means conformance to all applicable provisions of this standard or equivalent facilitation provided through other methods.  The term, accessibility, may also be used to define a broad set of features and capabilities which enable people with disabilities to access electronic information technology.”
UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED

ASSISTIVE TECHNOLOGY

For purposes of this regulation the term Assistive Technology means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

RATIONALE:  Committee was concerned that inclusion of the term “service” might be construed to expand the types of services that should be provided under §508 to include the array of individual services outlined in the definition of AT Service under the AT Act.  In addition, if the Telecom group is looking at “telecom services” as a way of meeting accessibility needs those would/should be addressed within the technical standards and wouldn’t necessarily be reliant on “AT Services”.  In addition, wouldn’t the “services” that are provided to ensure access be system based as opposed to reliant on AT to ensure access?
SUGGESTED REWORDING RECEIVED THROUGH COMMENTS:  For purposes of this regulation, the term Assistive Technology means any item, piece of equipment, software or system, whether acquired commercially, modified or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities in accessing E&IT.
RATIONALE:  It also seems too broad.  For Section 508, we should only be concerned with AT that provides access to E&IT.
UNRESOLVED ISSUE – FURTHER DISCUSSION & FOLLOW-UP REQUIRED:  Further discussions need to take place.  In addition, the Telecom committee needs to consider this proposed definition in light of the final telecom standards to see if a problem or issue exists.  What types of services will be made available to provide access.  Are the services “system based” so will the above definition accurately reflect coverage or does the term “service” still need to be added?

CAPTIONING

Captions are synchronized text equivalents for audio information.  Captions are similar to subtitles in that they convey the content of spoken dialogue, but also include text for non-spoken information such as important sound effects, music, laughter, and speaker identification and location.  Captions should not obscure or obstruct relevant or key information.  In some countries captions are called subtitles.

COMMENTS:  This sounds like a standard.  Definitions should not include standards.
UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  Refered to A/V Workgroup for guidance and technical advice.

ELECTRONIC AND INFORMATION TECHNOLOGY

Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information.  The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines.  The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but IS NOT THE principal function of that product.  [of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.  For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.]

COMMENTS
  • Discussion focused on two key issues:  current practices and considerations and ensuring that the standards support evolving technology development and uses.  Committee members pointed out that at the federal level assistive technology when it is IT is currently examined for conformance to the 508 standards.  Committee members representing federal agencies also noted that in some cases what would be considered medical devices are also examined to determine conformance with 508 when the device is considered IT.
  • Committee discussed that in some case AT is E&IT, but not all AT is E&IT.  Clearly there is some AT that will fit the definition and other AT that is not because it is not involved in information gathering and storage et cetera.
  • Discussion that it would be difficult to address in the definition and like medical devices should be considered on a case-by-case basis.  Access Board should provide technical assistance, but the standards should not be used as the vehicle in which to outline scenarios and products that would or wouldn’t be considered as needing to conform to the 508 standards.
  • According to input from workgroup members, agencies are challenged to figure out what is covered by 508.
  • It was noted that the Buy Accessible Wizard is the users have and the tool includes a link to market research.  It was noted that many assistive technology vendors are already listed in the system and the federal agencies are not getting push back from AT Vendors. Instead, many of the AT vendors want to be included.  Being in the 508 pool is better than the outside when their is a research tool and for market research they would rather be in than not in.
  • Removal of the medical devices exclusion in the current update of the Section 508 and 255 standards is not recommended for the following reasons:
    • Medical device stakeholders are currently not represented on the TEITAC. The committee lacks expertise in how accessibility standards should be determined for this complex and broad category of products.
    • If the TEITAC intended to remove the exclusion for medical devices, a separate medical devices subcommittee should have been created so that federal and state government representatives, industry, medical experts, hospitals, and disabilities groups most affected by this change could have provided recommendations to the TEITAC.
    • The opportunity for medical device stakeholders to provide input in the comment period is too late to be effective. Participation from this group early in the revision process is critical for the affected groups to embrace the concept of accessible design and the need to procure these products.
    For these reasons, removing the medical devices exclusion is not recommended until the next Section 508 & 255 update when adequate notification can be given to this specific stakeholder group, and participation/input from them is solicited.
UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED

TTY

An abbreviation for teletypewriter.  Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network.  As used in this part, the term TTY includes text-to-text communications along with voice and text intermixed communications such as voice carry over and hearing carry over.  TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems.  TTYs are also called text telephones.

UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  Refered to Telecom Workgroup for guidance and technical advice

UNDUE BURDEN

Undue burden means significant difficulty or expense.  In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.

UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  Discussion of committee members with input from GSA suggests that much training and technical assistance is provided to agencies to assist in understanding and applying undue burden.  It was noted that there are many questions and requests for technical assistance regarding Undue Burden.  Does this mean that the standards need to be clarified or that the training and technical assistance materials need to be modified to meet the ongoing need?  The workgroup did not reach a conclusion or recommendation during the May 3, 2007 meeting.
SUGGESTED REWORDING RECEIVED THROUGH COMMENTS:  Undue Hardship mean significant difficulty or expense relative to the operation of a public entity’s program.  Where a particular accommodation would result in an undue hardship, the public entity must determine if another accommodation is available tht would not result in an undue hardship.  Source – DOJ Technical Assistance Manual, Sec II-4.3200 (Comment received after May 3, 2007 meeting- suggestion has not been considered at this time).
RATIONALE:  Commenter suggested that there is the perception and/or possibilty that the federal agencies are held to a lesser standard than state govenrment entities when required to consider Undue Burden.  Recommends that the committee reference standards that are applicable to other governmental entities would be more appropriate.

VIDEO DESCRIPTION

The insertion of verbal or auditory description(s) of on-screen visuals intended to describe important visual details that are not contained or that cannot be understood from the main audio output alone.  Audio descriptions supplement the regular audio track of the program and are usually inserted between dialogue narration to provide information about actions, characters, and on-screen text that appears without verbailization.  Video descriptions are a way to let people who are blind or have low vision know what is happening on screen.

SUGGESTED REWORKING RECEIVED THROUGH COMMENTS:  Recommend going with the WCAG 2.0 definition.  Narration added to the soundtrack to describe important visual details that cannot be understood from the main soundtrack alone.
Note 1:  Audio description of video provides information about actions, characters, scene changes, on-screen text, and other visual content.
Note 2:  In standard audio description, narration is added during existing pauses in dialogue.  (See also extended audio description.)
Note 3:  Also called “video description” and “descriptive narration.”
UNRESOLVED ISSUE – FURTHER DISCUSSION REQUIRED:  Refered to A/V Workgroup for guidance and technical advice.
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