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####   {#section-1 .unnumbered}

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#### 

#### Table of Content

#### 

**Ingredients** 5

***Agency Support*** 5

***508 Coordinator*** 5

***Team Members*** 6

***Cooking Tips for Ingredients*** 6

**Mixing**

***Current Process*** 7

***Proposed Process***

7

***Awareness* 7**

***Responsibilities*** 8

***Responsibilities - Lessons Learned and Tips*** 9

####  *Enforcement* 10

***Finalize process*** 10

***Cooking Tips for Mixing*** 11

**Baking**

# **Recipe for -- *IT Product Procurement ***13 

# **Recipe for -- *Software Development ***15 

## **Recipe for -- *Web Documents ***17 

## **Recipe for -- *Credit Cards ***19 

**Recipe for -- *Training ***21

**Overall Cooking Tips** 23

**Recipe to Celebrate Success** 24

![](media/image9.wmf)***Section 508 Cookbook***

### How to Create a Section 508 Program 

**The following is a comprehensive outline on how the US Patent and
Trademark Office created its Section 508 Program. The outline includes
detailed steps on creating a program, observations, tips, and
lessons-learned while implementing a fully operational program almost
three years ago. The processes do work.**

**The "cookbook" format is simply an attempt to offer a little different
approach on presenting this material.**

**Please keep in mind that all organizations are different and what
worked at the USPTO may or may not work at other organizations. To put
the approach into perspective, the USPTO has approximately 6,000
employees (and again that many contractors) centrally located in
northern Virginia. However, while every organization is different, there
are many common characteristics, processes, goals, and constraints that
we all share. For example, like most organizations, the responsibility
for the USPTO Section 508 Program is a collateral duty.**

**Ingredients. The first step in any culinary effort is to identify the
ingredients or the key elements that are necessary to make a successful
program.**

**Ingredients -- *Agency Support***

**Discuss with upper management their:**

-   Expectations of a program and goals and your role and
    responsibilities

-   Level of support that they will provide

-   Resources (\$\$ and personnel) that will be committed to the program

**Tip:** Know what they will really do versus what they say they will do

**Ingredients -- *508 Coordinator***

#### Characteristics of a coordinator (based on observation of other Section 508 programs)

-   Has authority (either grade or management support) to make
    decisions, take action, and enforce process and policy

-   Understands the organization's policies, procedures and constraints
    (e.g., funds)

-   Has administrative or project manager skills for developing and
    maintaining a program. Technical expertise should be available as
    needed.

-   Is solution and customer-oriented. Strives for win-win solutions.

-   Has working relationship with

    -   Office of General Counsel (OGC)

    -   Office of Procurement (OP) and knowledge of their processes

    -   Office of the Chief Information Officer (OCIO) and knowledge of
        the IT process

-   Believes in Section 504 and 508

-   Understands/involved with Section 504

#### Tip: 

#### Be involved with Section 504 and Reasonable Accommodations

-   Only way to truly appreciate and understand 508

-   Grievance process for 508 should overlay process for 504

-   508 supports 504

-   Many 508 issues are covered by 504 (e.g., design to 508 standards
    and have 504 make it usable for employee)

-   There are infinitely more legal actions against 504 than 508. Also,
    in 504, an individual can receive up to \$300,000 in compensatory
    damages.

-   While 508 may not be funded, 504 must be.

-   Many programs that profess to be 508 are actually 504. Important to
    know the difference. The numerous reasons for knowing the difference
    are will be covered in the cookbook.

-   Efforts with 504 helps to resolve 508 employee problems before they
    become a grievance

**Ingredients -- *Team Members***

#### Team member characteristics

-   Good grasp of their area's processes, procedures and policies

-   Can speak for their management

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-   If necessary, can make decisions

-   Have experience or represents their area in either procurement,
    Section 504 and/or IT issues

#### Members on team should represent

-   Cost centers or major areas in agency

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-   OP

-   OGC

-   Area responsible for Electronic procurement

-   OCIO

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-   Web services

-   Software development

-   Acquisition management

-   Testing and evaluation

-   Section 504 IT coordinator

#### 

#### 

# **Cooking Tips for Ingredients** 

-   Alert team members in the beginning that they will probably be the
    508 Coordinator for their areas. This should help to encourage them
    to play a more active in the process.

-   Develop roles and responsibilities for the coordinators that have
    substance and responsibilities (e.g., they are the only ones who can
    initial checklist and authorize exemptions for their area)

-   Identify who the agency's 504 IT coordinator is for reasonable
    accommodations and work closely with this individual (who might turn
    out to be you). This person should have a technical background and
    might be the 508 coordinator's back-up and tech rep.

**Mixing. Once you have all the ingredients or team members, you**
![](media/image10.png)

**can use their expertise to mix a viable Section 508 program.**

**Mixing -- *Current Process***

-   Flow chart the process for each major area's procurement/development
    of a product/action from conception to implementation (e.g., an IT
    hardware procurement)

-   Identify critical areas and problems in each process (e.g.,
    bottlenecks)

-   Identify areas that are similar, unique, or can be changed for each
    process

-   Identify roles and responsibilities throughout each step of the the
    process

-   Develop a standardized process that will work or has everyone's
    consensus in all the areas

-   Develop standardized roles and responsibilities for the processes

-   Determine how 508 compliance will be determined, monitored and
    enforced

-   Determine checks-and-balances in process to ensure compliance

**Tips:**

-   Keep as close to/overlay the current process as possible (e.g.,
    procurement)

    -   Easier to implement and train people since it is similar to what
        they are already doing

    -   Higher probability that users will accept and comply

    -   Easier to enforce since current system is a mandatory process

    -   Better chance 508 process will become part of culture because
        the system that it overlays is an imbedded part of the agency
        and people are required to follow it

    -   Higher level of compliance if proponent of current system is
        part of checks-and-balances

-   Have flexibility in process to allow each area to "personalize" for
    their unique requirements

-   Each team member must have vested interest in process

**Mixing - *Proposed Process***

**Based the proposed process on:**

-   ***Awareness***

-   ***Responsibility***

-   ***Enforcement***.

**Mixing - *Proposed Process - Awareness***

-   Informing employees, contractors and vendors of the program is
    extremely important and challenging.

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-   Concentrate on the individuals who have a role and/or responsibility
    in the program.

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-   Create an easily accessible intranet site that:

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-   Outlines t

-   he process

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-   Includes the standards as written in the law

    -   Includes an easy to understand, plain English version of the
        standard

    -   Has standards written as a question so they can be used to
        determine status of compliance

    -   

    -   

    -   

    -   

    -   

    -   

    -   

    -   

    -   

    -   

    -   Includes appropriate documentation (e.g., procurement and vendor
        checklists)

    -   Includes list of compliant products (must have way to keep
        current)

    -   Has points of contact for questions or concerns

**Mixing - *Proposed Process - Responsibilities***

It helps immensely to require the person buying or creating an EIT
product to complete and sign a document certifying Section 508
compliance. The USPTO uses the following checklist.

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Coordinator reviews

and initials

Exceptions

Maintenance \>\>

Market Research

\- Previously approved

\- Most compliant

\- Sole source

Buying signs \>\>

Technical optional \>\>

**Lessons learned on the EIT Procurement Checklist:**

-   Only 508 Coordinator should have the authority to approve
    exceptions.

    -   Keeps coordinator "in the loop" on possible problems. And when
        there is a problem, the coordinator will know the background and
        was involved in the exception process.

    -   Reinforces who the coordinator is

    -   Precludes people with creative imaginations from determining
        exceptions

    -   Ensures more consistent, even execution of the 508 program

-   508 Coordinator only initials checklist to indicate the form has
    been completed

-   There are two types of maintenance

    -   Provides "help desk-type" support. This type is exempt

    -   While it also provides support, it also allows the user to buy
        new versions, additional copy or accessories. This type must be
        compliant.

-   Technical person is available to help the Buyer develop functional
    requirements and evaluate products. His/her signature is optional.
    Buyer is still the person responsible for compliance

-   The form has been revised several times. The latest version includes
    blocks for:

    -   Most compliant products (supporting documents must be included)

    -   Products that have been previously purchased and they are still
        either compliant or have an exception

    -   Sole source procurements (to include the sole source
        documentation). Only Procurement can approve a sole source
        purchase.

-   Constantly emphasize that the buyer is responsible for compliance,
    not the vendor.

-   Procurement will not process a purchase request unless the buyer has
    completed and signed the Procurement checklist. An example of the
    USPTO's certification statement:

Project Manager: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_

Signature required to certify accuracy and completeness of checklist and
Section 508 compliance

**Tips**

Requiring people to sign a document certify compliance is a major
cornerstone in a 508 program.

-   Someone has now certified in writing responsibility for compliance

-   If someone wants to "break the law" on compliance, there is nothing
    the coordinator can really do to stop them. However, most people are
    unwilling to "break the law" after they have certified in writing
    that the product is compliant.

-   Strong argument to people who insist on posting, purchasing or
    producing a noncompliant product. Remind them that they certified
    compliance and they will be the one held responsible for any
    negative or legal consequence.

**Lessons learned on the Market Research Vendor's Checklist**

For vendors to compete and/or be awarded a contract, they must complete
the USPTO checklist. The items in this checklist are simply the
standards written as questions. In some instances, one standard might
have multiple questions. Sample of the USPTO checklist is on the next
page.

Responses to "Meet Standard and How" and "Not Applicable and Why" must
be completed in detail. Simple "yes" or "comply" is not acceptable.
Responses are not restricted to just the space provided. An EIT
procurement cannot be processed without a completed checklist.

  ---------------------------------------- ---------- ------------ ------------
  **Questions for Software and OS          **Meet     **Do Not     **Not
  Accessibility**                          Standard   Meet         Applicable
                                           and How**  Standard**   and Why**

  \(a\) If software is designed to run on                          
  a system that has a keyboard, are                                
  product functions executable from a                              
  keyboard where the function itself or                            
  the result of performing a function can                          
  be discerned textually?                                          
  ---------------------------------------- ---------- ------------ ------------

-   The requirements outlined in the header to the checklist have proven
    extremely effective.

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-   Vendors must respond to each standard on the checklist in one of
    three ways. The requirement for detailed answers helps evaluate how
    they meet a standard or why it is not applicable. Also, it validates
    the vendor's interpretation of the standard.

-   Vendors cannot compete for a contract until they complete a
    checklist and are determined to be compliant. This includes even
    sole source procurements

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-   The completed checklist is required for procurement documentation
    and becomes an official part of the procurement process.

**Mixing - *Proposed Process - Enforcement***

-   Procurement, web master, and developers will not accept a product
    without a signed checklist certifying compliance

-   Vendors will not be considered for a contract without a completed
    checklist

-   Software products can not be deployed with 508 deficiencies

-   Contractors have to resolve compliant deficiencies at their own
    expense

-   Noncompliant web pages are pulled from the internet and intranet
    sites

**Mixing - *Proposed Process***

####### Finalize process

-   Draft documents, checklists, and instructions for processing
    products

-   Have team members review, comment and approve

-   Develop plan and schedule to implement process

-   Have the plan and process reviewed and approved by management, OP,
    OGC, and other appropriate areas (e.g., OCR, OCIO, proponents of the
    systems that were overlaid)

-   Implementation process. Once process is agreed upon:

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-   Develop training package for employees, contractors and vendors

-   Schedule training and implementation dates

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-   Promote Process

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-   Have team members promote process in their own areas. Include their
    name/telephone number in all promotions.

-   Use agency-wide announcement system to tell employees about program
    and process

-   Train employees, contractor and vendors...and train them
    again....and again. Most do not really listen at the first session.

-   At every opportunity, promote positive points of the program with
    management and employees (e.g., agency-wide announcements)

-   Ensure 508 is part of budget, development, procurement, deployment,
    and web discussions

##### 

##### Cooking Tips for Mixing

# 

## **Establish an accessibility tool (AT) baseline.** The USPTO has three AT products as our AT baseline. However, other AT can be added to the baseline for reasonable accommodations that require specific accessibility (e.g., scanner, large monitor). The advantages of this approach are:

## Allows for more effective and efficient use and maintenance of AT

## Less AT interface problems

## Creates more standardized and easier to implement accommodations

## Simplifies accessibility with each new AT or system revision

## Simplifies training requirements and documentation

###### Team members

-   Ensure that each team members feels like they have contributed to
    the process

-   Have all team member's buy-in

-   Make them a part of the process and give them responsibilities

-   Officially recognize them for their contribution and role (by
    recognizing them, you are also promoting Section 508)

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-   **Know the law**

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-   You have to know the law to accurately answer questions and
    determine legal solutions. Strive for a reputation as a solutions
    type person. This will encourage people to seek your help with 508
    compliance problems. It is also the only way you can defuse irate
    employees who complain that 508 compliance doesn't make good
    business sense and it is causing their project to be late or over
    budget.

-   Knowing the law helps with discussions with employee who think they
    know the law

-   You are the agency's expert on Section 508. Correct interpretation
    of the law can have a major impact on people and money and the
    program.

-   When confronted with new or unique request for exemptions, make sure
    you totally understand the requirement. Many times, requestor
    forgets to tell you everything. Suggest meeting with requestor and
    OGC to discuss and resolve. It is not unusual for these type
    meetings to last an hour or more.

-   If you have questions on the interpretation of an issue, call fellow
    coordinators, the working group or the Access Board

-   Know difference between the "letter" of the law versus the "spirit
    of the law." While the spirit of the law is the more acceptable
    approach, the letter of the law makes better business sense when an
    agency has limited funding and it is the only part legally
    enforceable

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-   **Exemptions and disclaimers**

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-   The 508 coordinator should be the only person who can authorize
    exemptions and disclaimers. This creates continuity through the
    agency.

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-   Establish and publish well-defined agency standards for exemptions
    and disclaimers. Have OGC validate them (which helps if they area
    challenged)

-   Some of the frequently exceptions that you might be challenged on
    are:

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-   Back office

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-   Software or web development by federal employees versus by
    contractors

-   Exemptions for "fundamental alteration" and "commercially not
    available"

-   Maintenance

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-   There should be very limited use of disclaimers. They can be easily
    overused and abused. The rule at the USPTO is to only use disclaimer
    when the product is exempt (e.g., a standard can not be compliant
    since the solution is commercially not available).

    -   Some individuals use a disclaimer as a way to avoid making a
        product compliant. In other words, the individual does not want
        to have to spend the resources to comply with certain standards,
        so they try to use a disclaimer as a means to get around the
        issue.

    -   Some individuals forget to address 508 compliance and don't want
        to delay production. They want to use the disclaimer until they
        can get around to revising the product so that it meets the
        standards. Avoid this since "temporary" disclaimers have a habit
        of becoming permanent.

-   Monitor web-sites and training modules for disclaimers. Make sure
    you know and have approved each one.

**Mixing - *Notes***

![](media/image12.wmf){width="1.5in" height="1.25in"}

**Baking. Now that we have mixed all the ingredients together**

**it is time to bake or create processes for the different layers or
areas**

**within our Section 508 gastronomic delight.**

## 

# 

# **Recipe for -- *IT Product Procurement. ***If you are starting a program, recommend this process to be the first you tackle (see "lessons learned" below). One indicator that this process for IT procurements works is that we randomly spot-checked FY2003 end-of-year IT procurements and every one was processed according to the Section 508 process.

## 

## **Certification:** Individual buying the product signs checklist to certify that the product is compliant

## 

## **Responsibilities.** Person buying the product:

## Performs all 508 requirements (e.g., market survey, procurement and vendor checklists)

## Completes the IT Procurement Checklist and certifies compliance

## Obtains the EIT Coordinator's initials on the Procurement Checklist

## Checks with coordinator on possible exemptions 

**Process.** Person buying the product:

-   Determines functional requirements. They drive the procurement.

-   Conducts market survey on vendors who meets functional requirements

-   Has the vendors who meet the functional requirements complete the
    508 standards checklist

-   Determines which vendor(s) meets the most 508 standards

-   Completes 508 Procurement checklist and include appropriate
    documentation (e.g., sole source justification, vendor checklists,
    market survey results, requisition)

-   Has EIT Coordinator review and initial checklist. Initials indicate
    that the checklist has been reviewed, but does not mean that
    Coordinator is responsibility for compliance.

-   Submits package to OP

#### 

#### Checks and Balances

-   EIT Coordinator will not initial checklist unless it has been
    completed and appropriate documentation is attached.

-   EIT Coordinator is only person authorized to approve
    exceptions/exemptions

-   OP will only process IT purchase request with a completed checklist.
    If they do not, OP assumes responsibility for ensuring 508
    compliance

-   Products that will run on the USPTO enterprise architecture must be
    successfully tested for compatibility and 508 compliance by a
    testing office in the OCIO. Products that fail are returned to the
    vendor.

#### 

#### Lessons-learned

-   Much opposition from employees until they understood the process.

-   Market research is critical and needs to be well documented. Make a
    best effort on evaluating vendor's input, especially when one vendor
    is more compliant on paper than the others. GAO recently overturned
    a federal procurement because the vendor selected was not the most
    compliant. Remember that all standards are considered equal (one is
    not more important or carries more priority than the others) and
    that the most compliant vendor who meets your functional
    requirements must be selected, regardless of cost and other
    situations. However, once all vendors are compliant, then the
    selection process reverts back to the way your organization normally
    determines contract award.

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-   Emphasize that functional requirements drive the procurement, not
    accessibility. This is best rebuttal to the most common argument
    that 508 does not make good business sense. Prove to management and
    employees that you are part of the solution, not the problem. Build
    your and 508 program's reputation as proactive and solution-driven.

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-   Buyer signing document to certify compliance is extremely effective

-   Only had to threaten to stop one procurement when the vendor would
    not complete the checklist and the word got out to employees, OP and
    vendors.

-   Quickly processed procurement requests. Don't be the bottleneck in
    the process. If you are, people will use that as an excuse to not
    comply with the process.

-   Reasons to start you 508 program with a product procurement process

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-   Since Procurement is the only enforceable part of the law, from a
    legal standpoint this needs to be immediately addressed

-   Procurement is really the core of you 508 program

-   Procurement is the easiest to implement, enforce, and maintain
    because you should have overlaid the process over your
    organization's procurement process

-   This process has immediate results (i.e., people buying product now
    as versus software development taking months to put a product into
    production)

-   It has a large number of employees/contractors involved with the
    process

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-   Whenever there was a major issue or problem, immediately scheduled
    meeting with OGC and buyer. Meetings sometimes lasted more than an
    hour, but always found solution.

-   Keep the compliant products list updated and as comprehensive as
    possible.

**Recipe: *Product Procurement. Notes***

# 

# 

# 

# 

# 

# 

# 

# ![](media/image13.wmf){width="1.1569444444444446in" height="1.0in"}**Recipe for -- *Software Development***

## 

## **Certification:** Project manager for creating new or revising existing

## software. He/she signs checklist in beginning to make the product compliant. 

## 

## **Responsibilities.** Project Manager:

## Completes the checklist and certifies that the final product will be compliant

## Ensure final product is compliant

-   When hiring vendors to work on the project, ensure that there is a
    508 clause in the contract holding the vendor responsible for
    creating a compliant product. The clause that the USPTO uses is on
    contracts is:

In accordance with Section 508, the USPTO requires that all IT products
delivered under this Contract comply with the applicable EIT
accessibility standards issued by the Architecture and Transportation
Barriers Compliance Board set forth at 36 CFR part 1194.

**Process:** System Developer:

-   Defines functional requirements

-   Meets with EIT Coordinator, determines appropriate 508 standards and
    completes checklist. EIT Coordinator reviews and initials and is
    only person authorized to grant exemptions. This document becomes
    part of the requirements documentation.

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-   During development, creates testing specifications for the standards
    to be tested for compliance.

-   The proprietary systems are tested by an independent source. Based
    on the developers input, the testing area (TA) generates testing
    methodology

-   TA tests and pass/fails system

#### 

#### Checks and Balances

-   Technical Review Board ensures that 508 is in Life Cycle Management
    process. If not, development does not proceed

-   System cannot go into production until it has been successfully
    tested for 508 compliance. No exception for going into production
    and correcting deficiencies later. A common argument is that 508
    compliance can be added in the next revision. Best rebuttal is that
    the agency and developer are vulnerable to legal action until the
    deficiencies are corrected. Worse, the agency and developer are
    knowingly violating the law. Some individuals are under the
    misconception that this is a minor violation. As a point of
    reference, a state put a noncompliant system into production. Two
    employees (note the number of employees) could not use the system
    and filed a grievance. The judge put an injunction on the use of the
    system until it was compliant. Over a year period, the state spent
    over \$57 million dollars trying to make the system compliant. A
    similar situation has also occurred in a second state.

-   When a project manager challenges TA results, the EIT coordinator
    independently test the product and makes final determination

#### 

#### Lessons-learned

-   Developers must have in depth knowledge of 508 standards

-   Since the agency is creating the code for a software product, it is
    difficult to justify an exception

-   Software standards are mostly and simply good coding practices

-   Always develop to the standards and not the assistive technology
    (AT) (e.g., JAWS). Remember, it is Section 508 that creates the
    standards and Section 504 that is responsible for making the AT
    useable.

-   Need independent and periodic evaluations of 508 standards during
    the development cycle.

-   Testing software:

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-   There currently is no Section 508 testing tool for software.

-   The use of a screen reader such as JAWS can be an effective
    evaluation tool when used by an experienced individual. The key word
    is *experienced.* Most sighted individuals are not proficient enough
    with JAWS to use it as an evaluation tool. Don't forget that this
    evaluation is determining compliance and has financial and legal
    consequences.

-   Just because JAWS successfully reads a page does not imply that the
    page is compliant. For example, JAWS does not read color (para
    1194.21 (g) and (i) or blinking text (para 1194.21 (k)). Also, just
    because JAWS fails to read a document does not indicate that the
    document is not compliant.

-   When testing, use two different tools

-   When using a screen reader as a testing tool and the evaluator is
    visually impaired, it is best to have a sighted person assist with
    the evaluation.

-   The "gold standard" for determining compliance is reading the code.

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-   Software development is one of the more difficult processes to
    implement:

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-   Many of the projects are expensive and highly visible

-   Most projects are long term in developing and much can change before
    production

-   You don't see 508 compliant software products immediately. Most take
    many months.

-   Management normally has more interest in this area than the others

-   Encountered the more irate people in this process than in any of the
    others. It is not unusual for a project manager to blame you/508 for
    them being behind schedule or over budget. If you check, you will
    probably find that they were already behind schedule.

-   A process in this area requires the support of more different areas
    and people than any of the other processes (e.g., requirements
    group, technical review board, product testing and assurance).

-   Develop this process parallel to others, but don't expect immediate
    response

**Recipe: *Software Development. Notes***

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**Recipe for** -- ***Web Documents***

## **Certification:** Individual creating document 

## 

## **Responsibilities.** Individual creating document:

## Completes the checklist and certifies compliance

## Obtains the Webmaster's initials on the checklist. 

**Process.** Individual creating document:

-   Checks document to ensure it is compliance. If there are questions,
    check with the webmaster for a source to evaluate the document

-   Completes Section 508 Web checklist

-   Has webmaster review and initial checklist

-   Submits document to webmaster for posting

######## 

######## Checks and Balances

-   Webmaster will not initial checklist unless it has been completed
    and signed

-   Section 508 Coordinator is only person authorized to approve
    exceptions/exemptions

-   Webmaster will only post a web document that has a completed
    checklist. If the webmaster doesn't obtain a completed checklist,
    then the webmaster assumes responsibility for ensuring 508
    compliance

-   If noncompliant documents are posted, the web author is given a
    specific/reasonable length of time to make the product compliant or
    it will be pulled off the web

#### Lessons-learned

-   Most effective way to evaluate a web site for compliance is to read
    the code. If an agency uses AT, it is best to use at least two
    different tools for evaluation.

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-   Many web authors do not understand 508 standards. Must have the
    Webmaster as the focal point in the process and must hold them
    responsible.

-   Prove to management and web authors that making a product compliant
    is not that difficult or time consuming. Best way to accomplish this
    is set a precedent by quickly correcting a web-site problem.
    Publicize the event as a quick resolution and a win-win situation.

-   Publicly recognize outstanding compliant web sites. We made it a
    quarterly award that is posted so everyone in the organization can
    read about it.

-   Web authors signing document to certify compliance is not as
    effective as signature certification in other areas.

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```
-   This area is probably the most critical area for providing help with
    evaluating products for compliance

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-   Most government agencies have more web-site requirements than just
    Section 508 (e.g., W3C). All the requirements needs to be posted so
    web authors are aware of them and don't address just Section 508.

-   Most effective way to enforce compliance is to threaten to not post
    noncompliant documents or to pull noncompliant documents already on
    the web. When there is a noncompliant issue, quickly resolve it and
    use it as a precedent in later situations. It is wise to start with
    minor infractions that can be easily fixed. After that success, you
    have established to management and employees that it is not
    difficult to comply with 508 standards

-   A compliant web site does not have to be boring and simple. Yes, a
    new web author should keep his/her site as simple as possible. The
    more "bells and whistles" that adorned a web site, the more
    challenging it is to make it compliant. However, once a web author
    becomes familiar with 508 standards, it is not that difficult to
    start adding the bells and whistles and still have a compliant site.

######### Tips

# 

## The only accurate way to determine compliance is by reading code

## Accessibility tools were not designed as test tools

## Always use two different testing tools when evaluating compliance

## Most sighted people are not proficient enough with JAWS to accurately evaluate compliance

-   This should be the second process you develop since it is the most
    visible and impacts on many of your employees.

    -   Since there are so many different sources for web documents, it
        is a challenge to develop an effective process. At the USPTO,
        anyone can be a web author. The web authors and web masters need
        to be trained.

    -   Web sites are often challenged, many times by vendors trying to
        sell their products to make your site compliant. There are many
        legal reasons that a web site might not be complaint, and most
        are not obvious to employees, customers and vendors (e.g., the
        site has not been revised since June 2001)

-   Need to constantly monitor web sites for compliance and disclaimers

**Recipe: *Web Documents. Notes***

# ![](media/image15.wmf){width="1.604861111111111in" height="0.6840277777777778in"}**Recipe for -- *Credit Cards*** 

## **Certification:** Card holder who signs for the credit card purchase

## 

## **Responsibilities.** Credit card holder:

## For purchases under \$2500, completes the checklist and certifies compliance

## For purchases over \$2500, completes the checklist and ensures a completed Procurement checklist by the buyer is attached. Cardholder still signs the form, but Section 508 compliance is the responsibility of the buyer. 

**Background.**

-   Management thought everyone was using the same worksheet. In fact,
    everyone had modified it to fit his or her own particular need.

-   The worksheet was outdated and time consuming to complete.

-   Created a standardized worksheet that is quicker to complete and has
    space for individual modifications

-   Credit card purchases in the USPTO fall into one of three areas:

    -   PC, printers, scanner can only be purchased from an agency-wide,
        508 compliant contract

    -   Many IT items are exempt (e.g., PDAs) or not IT (e.g., paper,
        office supplies, travel, conference fees)

    -   All other IT items have to be tested before they can be deployed
        on the enterprise architecture. If it isn't 508 compliant, it
        had to be returned to the vendor.

-   This makes it easy for the credit card holder to certify compliance

**Process.** Credit card holder:

-   Reviews purchase request and ensures 508 documentation is attached
    for \$2500+ purchases

-   Completes the worksheet and requirements as they did before and then
    signs the worksheet.

-   Processes the request after the Approving Official signs the form

-   All paperwork is retained for end -of-month reconciliation with OP
    and Finance

**Checks and Balances**

-   If the card holder does not require the buyer to include 508
    documentation for purchases over \$2500, then the credit card holder
    is responsible for compliance

-   The Approving Official reviews the worksheet for justification and
    documentation before signing and authorizing the purchase

-   OP and Office of Finance review monthly all credit card transactions

**Lessons Learned**

-   With the proper training, not one of the 140+ credit card holders
    objected to the process

-   It is difficult to enforce compliance. Near term goal should be to
    raise level of awareness. Compliance will follow.

-   A standardized yet flexible worksheet worked well and resulted in
    everyone adopting it

-   Much confusion on what is and isn't an IT purchase (e.g., office
    supplies, paper)

-   The under \$2500 procurements represent probably the largest number
    of procurements and probably the ones with the most questions

-   Some resistance on IT purchases for specific individuals who were
    not disabled. Common sense should prevail.

-   Many managers concerned that 508 will hinder their ability to
    quickly purchase small items. Have not found that to be the case.

-   Identify reason(s) for credit card holders using the process. In the
    USPTO's case, we:

    -   Developed a revised form that was quicker for them to complete

    -   Showed card holders that the process was not complex,
        complicated nor time consuming, especially if they followed our
        recommendations (e.g., buying products off the agency's desktop
        contract rather than from a vendor)

-   Keep list of approved products updated and readily accessible

-   This area might be developed with IT procurement products. The two
    processes are similar but different.

    -   This area can be a totally different audience than procurement
        and will require training.

    -   In many cases, credit card holders have concerns that they will
        not receive much cooperation for 508 compliance when management
        needs for them to quickly buy an item

    -   This is a heavy traffic area for buying IT products. Section 508
        compliant products can be obtained within days of implementing
        the process

    -   Depending on the level of support of and difficulties in
        implementing this process at the same time as procurement, you
        might wait and implement credit cards in the second round.

    -   To implement this process, you will need buy-in from the cost
        centers and other areas within your organization.

**Recipe: *Credit Cards. Notes***

**Recipe for -- *Training ***

![](media/image16.wmf){width="1.375in" height="1.125in"}

This is probably one of the more important areas for employees

with disabilities since they depend on training for information

and advancements.

## **Certification:** The training developer

## 

## **Responsibilities.** The training developer:

## For developing the training module

## If the module is electronic, the media must be compliant

## If the module is for platform training, the presentation, slides and documentation must be compliant. 

**Background.**

-   Each cost center is independently developing their own training
    modules for different purposes and audiences and in different
    medias.

-   There is no longer a centralized training development center at the
    USPTO, which makes it considerably more difficult to implement,
    manage, and enforce a process.

-   There were limited accommodations and accessibility tools available
    for employees with disabilities to attend training classes.

**Process.**

-   Before starting on a training module, we encourage the developer to
    meet with our office and discuss the project.

-   During the development of the training module, our office is always
    available to assist the developer with evaluating and/or testing the
    product.

-   Since there is no checklist for the developer to certify and there
    is no centralized office or individual to ensure that the module is
    compliant, we do the testing for compliance. However, since our
    office has been working all along with the developer, the final test
    is not that significant.

**Lessons learned.**

-   The process for training modules is completely different than the
    other USPTO processes. Without a centralized or even a standardized
    method for developing and implementing training, we have to work
    more closely and be more proactive with the developers. Some of the
    differences include:

    -   As soon as we learn of a new or revised training module, we meet
        with the developers to show them how they can have a creativity,
        professional looking, and effective compliant training modules
        that requires minimal additional time or money. In addition, we
        work with them on a deployment schedule that includes 508
        evaluations and testing.

    -   While there is no signed certification for compliance, we remind
        the developer that since they are responsible for the training
        module, they also assume responsibility for compliance. If there
        is a compliance problem, people will know who is responsible.

    -   Rather than just evaluating the product, we also provide some
        level of assistance in resolving problems. In other words,
        instead of working with the normal customer for approximately
        four hours, we usually spent several days or more with training
        developers and their staff.

    -   We work with them when outside consulting or contracting helps
        is required

    -   We visit the developers' areas frequently to see what they are
        working on and how we might help them

    -   We try to always be available to assist when there are training
        project problems

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-   Ensure that classrooms have accessibility tools installed and that
    someone overseeing the classroom has experience with maintaining the
    tools.

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-   Continually remind the training developer, the person overseeing the
    room, and the person scheduling/announcing the training that they
    need to offer/provide accommodations for individuals with
    disabilities (e.g., large print, documents in Braille, or signers).
    It is important to offer a variety of accommodations. Remember that
    only a fraction of the visually disabled can read Braille and only a
    fraction of the hearing disabled can understand sign language.

-   Watch training classes and modules for disclaimers or noncompliant
    "workarounds." For example, offering material in text is not the
    same accessibility as interactive training.

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-   Training modules seem to have a high priority and are time
    sensitive, especially when they are not compliant. This was our
    incentive to become more involved with the process.

-   Created an IDIQ assistive technology contract that enables trainers
    to have a reasonably priced professional vendor help them develop
    modules and correct problems.

**Recipe: *Training. Notes***

# ***Overall Cooking Tips*** 

## Best news first: you are starting a program at a much better time than the USPTO. Three years ago, few products were compliant. Now, most products are compliant. This makes the market research and the other steps in the process much easier and quicker. 

## Strike "undue burden" from your Section 508 vocabulary. Not an acceptable solution plus it has demanding requirements.

## Visit agencies with operational 508 programs and benchmark their processes

## Offer training for several years. It is the second year that everyone starts to believe you are serious about 508 and they had better listen in class.

-   Participate in high-level meetings, the working group, and attend
    conferences to better understand 508 at the high level and to
    network with people who can answer questions

-   Offer employees and contractors a source to evaluate products for
    compliance. You have to offer some means for the average employee or
    contractor to evaluate their product before it is completed. If you
    don't, then posting or deployment is delayed and it is more costly
    to retrofit. This makes you and 508 part of the "problem."

-   ![](media/image17.png){width="1.40625in" height="1.5in"}Section 508
    compliance does not inhibit creativity nor does it require you to
    "dummy down" a web page or any product to make it compliant.

-   Don't fall into the trap of concentrating so much on making a
    product

> or site 508 compliant and forget about also making it accessible
>
> and usable to users. There are sites that are 508 compliant and
>
> few people with disabilities can use them.

-   There are no current evaluation tools to evaluate software.

-   Remember that accessibility tools were not designed to evaluate

> products for compliance.

-   Ensure that the evaluator or tester is proficient on the
    accessibility

> tools. Their determination can have a major impact on the
> organizations.

-   Enforce small, easy to resolve compliant issues first. With those
    successes, tackle larger more complex issues. Show that 508 is not
    difficult, expensive or time consuming.

-   Strive to make 508 processing part of the culture. Best way to do
    this is overlay 508 on existing systems.

-   Creating a successful 508 program takes time, as in years! Plan
    accordingly and don't get frustrated with slow progress or minor
    setbacks.

**Notes:**

1.  This document was designed to look like a book. For best results,
    copy the document front-to-back or duplex.

2.  If you have any questions, comments or find typographical errors,
    please e-mail me at <Fred.DiFiore@USPTO.GOV> or call me at
    703-305-4202.

3.  As we receive input from people, we will update the cookbook. As a
    reference point, please note the revision number in the footer space
    at the bottom of each page.

4.  And, yes, this document is 508 compliant.

***Recipe to Celebrate Success...***

***Section 508 Marbled Brownies***

1/2 cup (1 stick) unsalted butter, plus some for the pan\
3 ounces finely chopped semisweet chocolate\
3 ounces finely chopped unsweetened chocolate\
1 cup all-purpose flour\
1/8 teaspoon fine salt\
3 large eggs\
1 1/2 cups sugar\
1 teaspoon pure vanilla extract

Cream Cheese Marble (optional):\
8 ounces cream cheese, softened (one way is microwave for 45 seconds at
50 percent power)\
1/2 cup sugar\
1 large egg\
1 teaspoon pure vanilla extract

Place a rack in the middle of the oven. Preheat to 350 degrees F. Line a
9 x 13-inch baking pan with parchment paper so that the edges of the
paper come up the sides. Lightly butter the paper.

Put both the semisweet and unsweetened chocolates and the butter in a
heatproof medium bowl. Fill a medium saucepan with a couple inches of
water and bring to a simmer over medium heat. Turn off the heat; set the
bowl of chocolate over the water to melt. Whisk until smooth.
(Alternatively, melt in a microwave at half power, for one minute, stir,
and then heat for another minute or until melted.)

Whisk the flour and salt in a bowl.

In a large bowl, whisk the eggs, sugar, and vanilla. Stir in the
chocolate mixture until smooth. Add the dry ingredients and mix until
just blended. Take care not to over mix the batter. Transfer the batter
to the prepared pan.

For the marble swirl: Whisk the cream cheese with the sugar, egg, and
vanilla until smooth. Drop very large spoonfuls of the cream cheese
mixture onto the surface of the brownie batter. Insert a butter knife
through the batter to the bottom of the pan. With the flat edge of the
knife, make swirling motions through the batters, occasionally lifting
the knife through the top, until the dark and light batters are marbled.

Bake until a toothpick inserted into the center of the brownies comes
out coated with a fudge-y crumb, 30 to 35 minutes. Cool the brownies in
the pan on a rack. To take the brownies out of the pan, lift the edges
of the paper. Cut the brownies into squares. Serve and enjoy.

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