# Presentation: 519177

## Defining Section 508 

**Developed by NRCS**

**Gateway to Accessibility**

**Notes:**
The primary reason for the development of this presentation is to attempt to fill an apparent void  in the understanding of what a special emphasis program manager is. Not only by management but also to all agency personnel.

## EXECUTIVE SPONSORS

- Andrew Johnson, Director
- Civil Rights Division
- Mary Thomas, CIO
- Information Technology Division

## Some topics we will discuss:

**What is Section 508?**
**Historical perspectives.**
**Who is affected by Section 508?**
**What you need to know?**

**Notes:**
Some topics we will discuss are:

No notes

## USDA & Federal Wide Actions	

- TRACEY AMBEAU, USDA
- 	Section 508 Coordinator

## What is Section 508?

**   ****Section 508 is part of the 1998 amendments to the Rehabilitation Act of 1973.  It requires electronic and information technology *****developed, procured, maintained, or used***** by the Federal government to be accessible to all, including people with disabilities. **

**Notes:**
When the CRA was passed the Federal Govt. was not in covered.  President Johnson issued Ex Order 11246 prohibiting discrimination based on race, color, origin, religion. It also established that each agency would promote the full realization of equal employment opportunity through a positive and continuing program. 
On Oct.13, 1967 Johnson  issued Ex.Or. 11375 which included sex as a discrimination factor. The Ex.Or. called for the creation of a program to address women’s issues in Federal Service.
In 1969, President Nixon signed Ex.Or. 11478 which required agencies to develop and implement an affirmative program in the federal government to assist  in alleviating the problems of discrimination. 

## EIT Accessibility?

**In general, an electronic or information technology system is accessible to people with disabilities if it can be used in a variety of ways that do not depend on a single sense or ability.  **
**Section 508 focuses on the overall accessibility of EIT systems, rather than providing accommodations at individual worksites. **

## Accessibility –vs- Usability

**Individuals with disabilities may still**
**need specific accessibility-related **
**software or peripheral devices to be**
**able to use an accessible system.**

- Sidewalk vs Wheelchair Ramp

## Accessible Electronic and Information Technology (EIT)

**A system that provides output only in audio format would not be accessible to people with hearing impairments – this ****system could be made accessible**** by adding closed captions. **
**Likewise, a system that only uses mouse actions for navigation would not be accessible to people who cannot use a mouse because of dexterity or visual impairment – this ****system could be made accessible**** by enabling keyboard controls, such as using Function Keys, to allow mouse-independent navigation.**

## 	Inaccessibility = Barriers   to Information and Resources

- Usability = Easy to use
- Accessibility = Barrier free as possible** **

## Six Categories Covered by Section 508

- Six Categories Covered by Section 508

- Software Applications & Operating Systems
- Web Information, including Internet & Intranet Services
- Telecommunications Products
- Video & Multi-Media Products
- Desktop & Portable Computers
- Self Contained Products—copiers, fax, kiosk, etc.

## Exceptions to Section 508

_***ONLY National Security Systems are Exempt !***_
**Limited Exemptions include:**
**Micro-purchases until January 1, 2003**
**EIT systems acquired by a contractor**
**EIT systems in spaces frequented only by service personnel**
**EIT systems imposing an undue burden on an agency**

##           USDA Procurement Responsibilities

**	**
- The Federal Acquisition Regulations (FAR) Final Rule for Section 508 compliance was published on April 25, 2001 establishing Section 508 accessibility standards.  These standards shall be made part of the Statement of Work in all USDA contracts, solicitations, purchase orders and task orders for electronic and information technology products procured, developed, maintained, or used by Federal Agencies.
- For detailed information,  visit the following website http://_[www.usda.gov/procurement/policy/advisories.html](http://www.usda.gov/procurement/policy/advisories.html)__ and follow procedures in AGAR Advisory Numbers 34 and 35._

## USDA Procurement Responsibilities (cont...)

- As of, June 25, 2001, all active procurements must include the new 508 EIT standards.  Technical evaluations will factor in the proposal’s ability to satisfy the greatest number of the standards.  It is the responsibility of requiring official under Section 508 of the Rehabilitation Act as amended to ensure adherence with these standards.
- For a specific procurement action, USDA agencies and staff offices must continue to provide persons with disabilities access to or use of the information or data that is affected.  Regulatory exceptions include demonstrated undue burden.

## USDA Procurement Responsibilities (cont...)

- USDA must comply with Section 508 standards by purchasing services and supplies that are available in the commercial marketplace that provide the greatest level of immediate and future accessibility available without presenting a demonstrable undue burden on the agency.
- The General Services Administration has established a site on its Section 508 web site to provide vendors whose products meet the criteria in conformance with the accessibility standards an opportunity to list their products and briefly describe their performance.  If interested, please link to _[www.section508.gov](http://www.section508.gov/)__ and select Buy Accessible.com._

## Federal Web Sites

- All USDA programs and information contained on  web pages in existence before June 21, 2001, shall be made available to members of the public and federal employees in a way that does not discriminate against people with disabilities, consistent with our obligations under section 504 of the Rehabilitation Act. The four “To Do’s” for existing web pages are inventory, prioritize, update, and retire.
- As of June 21, 2001, newly created web pages should follow the Access Board’s web accessibility provisions. For existing web pages on the Internet or Intranet sites, organizations should make the best use of their resources (beginning with the most popular) to ensure that all USDA programs contained on these pages are available in a nondiscriminatory manner.

## Administrative Complaints

- Section 508 does not authorize complaints or lawsuits to retrofit electronic and information technology products.
- USDA agencies receiving administrative complaints must apply the complaint procedures established to implement Section 504 of the Rehabilitation Act for resolving allegations of discrimination. In private lawsuits, the rights and remedies of the parties are the same as in litigation under Section 504 of the Rehabilitation Act as it applies to federally conducted programs.

## USDA Section 508 Team Accomplishments

- Chartered Section 508 Coordination Team in January, 2001
- Section 508 IT Accessibility web site was launched
- Advised agencies of the requirement to integrate Section 508 into their IT capital plans, budget plans, and strategic plans for FY 2003.
- Issued Agricultural Acquisition Advisories 34, 34-A, and 35.
- Developed a Departmental Notice:  Section 508 Implementation Interim Guidance. (DN4030-1).
- Established an enterprise agreement and purchased Department Wide WEB Testing tool

## LEGAL & CIVIL RIGHTS

- Cliff Denshire, NRCS
- National Disability Program Manager

**Let’s take**
**a closer **
**look**

## Section 508

-  IT IS THE LAW
- Disability
- Accessibility

## Section 508

- NRCS Compliance Reviews

## Legal and Civil Rights Implication

- The Rehabilitation Act of 1973 was enacted to prohibit discrimination based on disability in Federal Employment and in the access to Federal programs, activities, and services.

## Legal and Civil Rights Cont’d

- The Rehabilitation Act was amendment in 1998 (PL 105-220, title IV) in part to address nondiscrimination on the basis of disability and to require Federal agencies to make electronic and information technology (EIT) more accessible to people with disabilities by strengthening the technology access requirements under section 508.

## SECTIONS 501, 504, & 508

- 501
- 	-federal employment
- 	-includes “reasonable accommodation”
- 504
- 	-federally conducted & federally funded
- 	-general nondiscrimination
- 508
- 	-federally conducted only
- 	-enforceable only for newly procured EIT

## CR Section 508 Enforcement

- Section 508 requires Federal departments and agencies that develop, procure, maintain, or use electronic and information technology to ensure that Federal employees and members of the public with disabilities have access to and use of information and data that is comparable to the access to and use of information and data provided to employees and members of the public without disabilities, unless an undue burden would be imposed on the agency.

## What Is Section 508?

- This law is intended to ensure comparable access to and use of electronic information and information systems by people with disabilities.

## The ACCESS BOARD

- The Architectural and Transportation Barriers Compliance Board (Access Board), an independent Federal agency, issued final accessibility standards for electronic and information technology (EIT) covered by Section 508 on December 21, 2000. (36 CFR Part 1194)

## Undue Burden

- Undue Burden means significant difficulty or expense to the program or component for which the product is being developed, procured, maintained, or used.  The interpretation of undue burden is consistent with case law, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, as amended.
** **

## Undue Burden (continued)

- In determining whether acquiring EIT  would impose an undue burden, an agency [Department] must consider all resources available to its program or component for which the supply or service is being acquired

## Section 508 regulations focus on accessibility for the following groups:

- People with Visual Disabilities (blind, low vision, color blindness)
- People with Hearing Disabilities (deaf, hard-of-hearing)
- People with Mobility Impairments
- People with Dexterity Impairments (carpel tunnel syndrome)
** **

## Section 508 Enforcement

-  Complaint Enforcement Process
- Complaints and lawsuits can only be filed against products procured after June 21, 2001
- Must allege inaccessibility of electronic and information technology that is developed, maintained, or used by a federal agency
- Does not authorize complaints or lawsuits to retrofit technology procured before this date.

## Staggering Stats

*Americans with disabilities spend twice as much time on the Internet.*
- 500 million disabled worldwide
- 54 million disabled in US
- Aging population
- Temporary disabilities not included

## NRCS Employees with disabilities

-  2001  workforce 	                         12,501
- Employees with disabilities	  1,136 or 9.8%
- Employees with Targeted disabilities   130 or 1.03%

## USDA / CAPPartnershipTARGET Center ServicesFY-2002

- Presented by
- Bruce McFarlane
- Acting Director

## TARGET Center’s8 Workstations

- Low Vision
- Blind
- Mobility
- Deaf
- Multi-Disabilities
- Ergonomics
- Portable AT
- Section 508

## Outreach

Demonstrations

Assessments
		*Assistive 	 	  	Technology 
		*Ergonomic

- Demonstrations
- Assessments
- 		*Assistive 	 	  	Technology
- 		*Ergonomic

- Equipment Loans
- Outreach
- Alternative Formatting
- Interpreting Services

- TARGET Services

## USDA/CAP Partnership

- CAP granted authority and funding through the Defense Authorization Act of 2000 to provide AT to Federal agencies.
- CAP has a proven record with DoJ, DoI, DoC and 49 other federal agencies in providing “free” AT in an efficient and timely manner.

## On August 30, 2002, Secretary Veneman signed the MOU entering USDA into the partnership.

MOU removes all financial barriers to providing AT and improves reporting procedures. 

Partnership will be a critical component of USDA’s efforts in becoming a model federal employer.  

- MOU removes all financial barriers to providing AT and improves reporting procedures.
- Partnership will be a critical component of USDA’s efforts in becoming a model federal employer.

- USDA/CAP Partnership

## Screen Readers
ALDs
Magnification Software
CCTVs
Brailling equipment
Scooters (c-b-c)

- ALDs
- Magnification Software
- CCTVs
- Brailling equipment
- Scooters (c-b-c)

- On screen keyboards
- Alternative Input Devices
- TTYs
- Alerting devices
- VRS
- AT Training

- What’s Covered

- USDA/CAP Partnership

## Interpreters
Notetakers 
Readers
Furniture 
Ergonomic Devices
Architectural Modifications

- Notetakers
- Readers
- Furniture
- Ergonomic Devices
- Architectural Modifications

- Regular Upgrades
- Computers
- Personal Aide Devices (wheelchairs, walker, etc.)
- Section 508 compliance products

- What’s Not Covered

- USDA/CAP Partnership

## Process AT requests to CAP
Provide assessments, education and technical support as needed
Record keeping
Submit quarterly reports to SACED 
Inform users of product upgrades and new technology solutions
Customer service requests and surveys

- Provide assessments, education and technical support as needed
- Record keeping
- Submit quarterly reports to SACED
- Inform users of product upgrades and new technology solutions
- Customer service requests and surveys

- TARGET Center’s Role

- USDA/CAP Partnership

## Potential Concerns

- Awareness and buy-in from management.
- Coordination among all parties involved.
- Disability or appropriateness of request unclear – CAP has final say....
- CAP funding interruptions.
- IT technical support lacks AT interoperability knowledge.

- USDA/CAP Partnership

## Thank You

## Testing Process for Section 508 

**NRCS-ITC**
**	****Ken Carpenter**

**Notes:**
The primary reason for the development of this presentation is to attempt to fill an apparent void  in the understanding of what a special emphasis program manager is. Not only by management but also to all agency personnel.

## Some topics we will discuss:

**How 508 testing strategy evolved**
**Early lessons learned**
**Testing Processes Benefits/Shortcomings**
**Q&A**

**Notes:**
Some topics we will discuss are:

No notes

## ITC 508 Project

- NRCS is working to bring our Web Sites in compliance with Section 508.
- 508 Compliance for existing and new web applications
- Similar to Y2K effort
- DOCUMENT!!!!!!

## Testing Strategy Evolution

- Develop and Document Agreed-to Testing Strategy with RD/FSA (GPEA 508 Team)
- Testing Tool Selection
- PageScreamer chosen by USDA
- Add to every ITC Website Homepage
- Accessibility statement.
- Contact Reference
-  Provide 508 Training to ITC Web Developers

## 508 Test Process

## Early Lessons Learned

**Test app chosen as “Guinea Pig”**
**How about the biggest one first?**
**PLANTS (OVERWHELMING)**
**Test ran overnight and never finished**
**Customer Service Toolkit (Website) **
**26 Pages****	**
**2500 Potential Problems found**
**After Analysis --509 Real Problems (False Positives)**
**Select small web app for testing and develop a **_**Comprehensive Test Document Set**_
**Provide 508 Training to Web Developers **_**EARLY**_

## Testing Overview

- Our major ***Testing*** message is:
- No single form of testing is wholly sufficient
- Each of the Phases recommended here are supplementary to the others

**Notes:**
4 Types of findings:
Product is correct:
(Simplicity rank 1)Reported as such (or not reported) (Good, no issue)
(Simplicity rank 4) Reported as an error:  This becomes a problem in that it will be reported as such on subsequent runs and must be dealt with
Product is faulty:
(Simplicity rank 3) Defect not found as such (requires other means to find, JAWS)
(Simplicity rank 2) Defect is reported and can be dealt with

## Test Documentation Set

## Test Document Set

## Test Document Set

## Test Document Set

## Independent Verification & Validation

- Identify an outside agency/private firm that can provide product/process review
- Identify appropriate subject application for review (How about PLANTS) 
- Compare the review findings and modify the process where needed
- Note:
- Needs to be done early in the process to make it useful

**Notes:**
This needs to be done early in the full context of the testing process for the results to be applied to the process.
Independence of the chosen organization is important to gain any fresh view of the testing methods.

## CONCLUSIONS:

**Anita Byrd**
**NRCS Section 508 Coordinator**

## Summary

**What have we learned?**
**Section 508 is a federal law.**
**Covers EIT accessibility**
**Targeted to Persons with specific disabilities**
**Federal Agencies Legal Liabilities**

## Summary Continued

**Covers six main EIT categories**
**Software including OS**
**Hardware (desktops/portables**
**Web Services (Internet/Intranets)**
**Self contained closed products (kiosks)**
**Telecomm Products**
**Video & multi-media**

## Defined rights of the persons with disabilities 
Non-discrimination on basis of disability in programs or activities receiving Federal money

- Non-discrimination on basis of disability in programs or activities receiving Federal money

- REHABILITATION ACT of 1973

## Section 508: What’s Covered

- All E&IT developed, procured, maintained, or used by Federal agencies must be accessible
- Alternative means of access when accessibility cannot be achieved
- Tasked the Access Board to develop standards (12/21/00)
- Required revision of the FAR to create binding, enforceable procurement standards
- Authorizes lawsuits after June 21, 2001

## Section 508: What’s Not

- Does NOT require:
- Agencies to provide AT to the general public
- All workstations to be fitted with AT
- Retrofitting of E&IT (e.g., Web pages)

**Notes:**
Most of your daily personnel decisions probably don’t need the help of a PM.  But there are times when you may have a problem that may be corrected or lessened by the use of the appropriate SEPM.   Often times something as simple as culture diversity education.  The PM should be able to guide you in various ways. 

## Your Section 508 Implementation Team

**Anita K. Byrd**
**Ken Carpenter**
**Cliff Denshire**
**Ann Jenkins**
**Kim Kidney**
**Terry Kirby**

## NRCS Accomplishments

- Drafted Section 508 Implementation Plan
- Developed WEB Standards
- Provided WEB Developers Training
- Developed Testing Strategy & Procedures
- Issued Procurement Guidance
- Participate in USDA Section 508 Programs

## What You Can Do To Help

- Learn More about Section 508
- Work with your DEPM
- Research 508 Compliant Products
- Share Information With Others

## Contact Information

**USDA Section 508 Coordinator**
- Tracey L. Ambeau
- (202) 690-3649
**Office of Civil Rights**
- Andrew Johnson, Director
- (301) 504-2181
**USDA Target Center**
- Bruce A. McFarlane, Acting Director
- (202) 720-2600
**NRCS Information Technology Center**
- Ken Carpenter, Field Support Team Leader
- (970) 295-5475
**NRCS Section 508 Coordinator**
- Anita Byrd
- (301) 504-2443

## Questions????

	Suggestions???

		Info Sharing?

**	****Suggestions???**
**	****	****Info Sharing?**