# Presentation: 252901

## Section 508 Cookbook

**How to Create a **
**Section 508 Program From Scratch **

## Section 508 Cookbook

**Recipes for ****Creating a Section 508 Program  **

## Ingredients – Agency Support 

**Discuss with upper management their:**
- Expectations of a program and goals
- Level of support they will provide
- Concept of your role and responsibilities
- Resources ($$ and personnel)
**Tip:**  Know what they will really do versus what they say they will do

## Ingredients – 508 Coordinator

**Characteristics of a Coordinator**
- Has authority base (either grade or management support) to be able to make decisions, take action, and enforce process and policy
- Understand the organization’s policies and constraints (e.g., funds)
- Have admin or program management skills.  Tech support should be available as needed

## Ingredients – 508 Coordinator

**Characteristics of a Coordinator**
- Solution/customer oriented.  Strive for win-win situations.
- Working relationship with:
*Office of General Counsel (OGC)*
*Office of Procurement*
*Office of CIO*
- Believes in Section 504 and 508
- Understands/involved with Section 504

## Ingredients – 508 Coordinator

**Why understand and be involved with Section 508?**
- Only way to truly understand 508
- Grievance process for 508 should overlay 504
- Many 508 issues overlay 504 (design to 508 and have 504 make it usable to employees)
- There are infinitely more legal action against 504 than 508

## Ingredients – 508 Coordinator

**Why understand and be involved with Section 508?**
- 504 can result in $300K compensatory damages.
- While 508 may not be funded, 504 must be.
- Many 508 claimed programs are actually 504.  Need to know the difference.
- Efforts with 504 helps 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
- If necessary, can make decisions
- Has experience or represents their area in either procurement, Section 504 and/or IT issues

## Ingredients – Team Members

**Team members should represent**
- Cost centers or major areas in agency
- OP
- OGC
- Area responsible for Electronic procurement

## Ingredients – Team Members

**Team Members should represent **
- Office of CIO
- Web services
- Software development
- Acquisition management
- Testing and evaluation
- Section 504 IT coordinator

## Mixing – Current Process 

- Flow chart each area’s procurement/ development process from conception to implementation.
- Identify critical areas and problems
- Identify areas that are similar, unique, and/or can be changed
- Identify roles and responsibilities throughout the process
- Develop a standardized process that will work in each area.

## Mixing – Current Process 

- Develop standardized roles and responsibilities
- Determine how 508 compliance will be determined, monitored, and enforced.
- Determine checks-and-balances in process to ensure compliance.
- Get team buy-in

## Mixing - Proposed Process 

**Tips:**
- Keep as close to the current process as possible
- Have process flexible so areas can “personalize” for unique requirement
- Each team member should have vested interest in process (e.g., make them local 508 coordinators)

## Mixing - Proposed Process 

- Based the proposed process on:
**Awareness.**
**	****	****Responsibility.**
**	****	****	****Enforcement.**

## Mixing - Proposed Process 

**Awareness**
- Inform employees, contractors, and vendors of the program
- Concentrate on individuals who have a role/ responsibility in the program
- Create an easily accessible intranet site that  outlines the process and includes the standards and checklists

## Mixing - Proposed Process 

**Awareness**
- Intranet site should include:
- Outlines the process
- Includes standards as written in law
- Includes plain English version of standards
- Standards written as questions so they can be used to determine status of compliance
- Includes supporting docs (e.g., checklist)

## Mixing - Proposed Process 

**Responsibilities**
- USPTO checklist for Procurements

## Mixing - Proposed Process 

## Mixing - Proposed Process 

**Responsibilities**
**Lessons-learned on Procurement Checklist**
- Only 508 coordinator approves exceptions
- Keeps coordinator in the loop on problems
- Reinforce who coordinator is
- Precludes abuse of exceptions

## Mixing - Proposed Process 

**Responsibilities**
**Lessons-learned**
- 508 only initials checklist
- Two types of maintenance
- Updates of form for lessons learned
*Sole source*
*Previously*
- Emphasize that buyer is legally responsible

## Mixing - Proposed Process 

**Responsibilities**
**Lessons-learned**
- Have buyer sign and certify 508 compliance
- Project Manager: _____________________ Date:_____
- Signature required to certify accuracy and completeness of checklist and Section
-  508 compliance

## Mixing - Proposed Process 

**Responsibilities**
***Tips***
- Importance of having buyer sign document
- Some has assumed in writing responsibility for compliance
- Most people unwilling to break law after they certified
- Strong argument for people willing to ignore law

## Mixing - Proposed Process 

**Responsibilities**
***Lessons learned on Market Research/Vendor Checklist***
- Use of “and how” have proven very effective
- Vendors can not compete for contract until they have completed the  checklist and are proven to be compliant.
- Even sole source procurements require checklist.
- Completed checklist is official part of procurement process

## Mixing - Proposed Process 

**Enforcement**
- Products can not be accepted without signed checklist
- Vendors not considered w/o checklist
- SW can not be deployed w/508 deficiencies
- Contractors resolve deficiencies at their own expense
- Non-compliant web pages pulled from
- Inter/intranet

## Mixing - Proposed Process 

**Finalizing Process**
- Draft documents, checklists and instructions for processing products
- Have team members review
- Develop plan and schedule to implement process

## Mixing - Proposed Process 

**Finalizing Process**
- Have the plan and process reviewed and approved by:
-    Management
-    OP
-    OGC
-    Other appropriate areas (e.g., OCR, OCIO)

## Mixing - Proposed Process 

**Finalizing Process**
***Implement process***
- Develop training packages for employees, contractors and vendors
- Schedule training and implementation date

## Mixing - Proposed Process 

**Finalizing Process**
***Promote process***
- Team members promote in their areas
- Use agency-wide announcement system
- Train...and train again...and again
- Promote positive points of program
- Ensure 508 is part of budget, development, procurement, deployment and web discussions

## Mixing – General Tips 

**Establish an accessibility tool (AT) baseline**
- 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 revision
- Simplifies training requirements and documentation

## Mixing – General Tips 

**Know the law:**
- Only way you can develop legal solutions to problems. Be part of the solution and not the problem with 508 issues.
- You are your agency’s expert and incorrect  info can have major impact on people and money
- When confronted when unique exemptions, make sure you totally understand requirement
- Questions on interpretation, call fellow coordinators, working group or Access Board

## Mixing – General Tips 

**Exceptions and Disclaimers**
- Establish well-defined standards for exemptions and disclaimers.  Avoid exceptions to the standards
- Define “back office.”  Often challenged
- Very limited use of disclaimers.  Easily overused and abused.
- Monitor web sites and training modules for disclaimers

## Mixing – General Tips 

**Team Members**
- Ensure each everyone feels like they have contributed to the process
- Have all team members’ buy-in
- Make them part of process and give them responsibilities
- Officially recognize them for their role

## Baking –Product Procurement

**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, vendor checklist)
- Completes the checklist and certifies compliance
- Obtains the EIT Coordinator’s initials on the checklist

## Baking –Product Procurement

**Process.***  *Person buying the product:
- Determines functional requirements
- Conducts market survey on vendors who meets functional requirements
- Has vendors who meet functional requirements complete 508 standards checklist
- Determines which vendor meets the most 508 standards

## Baking –Product Procurement

**Process.***** ***Person buying the product:
- Completes 508 Procurement checklist and include appropriate documentation (e.g., sole source justification, vendor checklists, market survey results, requisitions)
- Has EIT Coordinator review and initial checklist.  Initials show that the checklist has been reviewed, but does not mean that Coordinator is responsibility for compliance.
- Submit package to OP

## Baking –Product Procurement

**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

## Baking –Product Procurement

**Checks and Balances**
- Products that 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.

## Baking –Product Procurement

**Lessons-learned**
- Much opposition from employees until they understood the process.
- Emphasize functional requirements drive procurement, not accessibility
- Prove to management and employees that you are part of the solution, not the problem.
- Buyer signing/certify compliance is very effective
- Only had to threatened to stop procurement one time on vendor who would not complete checklist and the word got out to employees, OP and vendors.

## Baking –Product Procurement

**Lessons-learned**
- Ensured that procurement requests were quickly processed by the EIT Coordinator
- 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.
- Spot check of FY2003 end-of-year IT procurements showed that every one was processed according to the Section 508 procedure

## Baking –Software Development

**Certification:***  *Project manager for creating new or revising existing software.  Signs checklist in beginning to make the product compliant.
**Responsibilities***.  *Project Manager:
- Completes the checklist and certifies compliance
- Ensure final product is compliant

## Baking –Software Development

**Process:**
- Developer meets with EIT Coordinator, determines appropriate 508 standards and completes checklist
- EIT Coordinator reviews and initials
- EIT Coordinator is the only person authorized  to grant exemption

## Baking –Software Development

**Process:**
- If there is a contractor involved, the USPTO uses the following statement on the contract to ensure 508 compliance:
- 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.

## Baking –Software Development

**Process:**
- Define functional requirements
- Determine which Section 508 standards are applicable
- Provide requirements to testing area (TA)
- TA generates testing methodology
- TA tests and passes or fails package

## Baking –Software Development

**Checks and Balances**
- Technical Review Board ensures 508 is in Life Cycle Management process.  If not, development does not proceed
- System can not go into production until it has been successfully tested for 508 compliance.  No exception for going into production and correcting deficiencies later

## Baking –Software Development

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

## Baking –Software Development

**Lessons-learned**
- Developers must have in depth knowledge of 508 standards
- Software standards are mostly and simply good coding practices
- Always develop to the standards and not the assistive technology (e.g., JAWS)
- Need independent and periodic evaluation of 508 standards during the development cycle.

## Baking –Software Development

**Lessons-learned**
- Testing Software
- Current no SW testing tools
- Use of screen reader can be effective eval tool when used by experienced individual
- JAWS and compliance
- When testing, use two different tools

## Baking –Web Documents 

**Certification:***  *Individual creating document to be posted
**Responsibilities.***  *Individual* *creating document:
- Completes the checklist and certifies compliance
- Obtains the Webmaster’s initials on the checklist.

## Baking –Web Documents 

**Process.***  *Individual coding document:
- Checks document to ensure it is compliance.  If there are questions, have the Accessibility Team evaluate document
- Completes Section 508 Web checklist
- Has webmaster review and initial checklist
- Submits document to webmaster for posting

## Baking –Web Documents 

**Checks and Balances**
- Webmaster will not initial checklist unless it has been completed signed
- Webmaster 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
- Noncompliant posted documents must be corrected in a specific time frame or they will be pulled off the web

## Baking –Web Documents 

**Lessons-learned**
- Most web authors do not understand Section 508.  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 win-win situation.
- Publicly recognize outstanding compliant web-sites.  We made it a quarterly award that was posted so everyone in PTO could read about it.

## Baking –Web Documents 

**Lessons-learned**
- Web authors signing document to certify compliance is not as effective as signature certification in other area.
- Most effective tool was to threaten a couple times to not post noncompliant documents or to pull noncompliant documents from the web.
- Most government agencies have more web-site requirements than just Section 508.  All the requirements needs to be posted so web authors are aware of them and don’t just address Section 508.

## Baking –Web Documents 

**Lessons-learned**
- Web authors signing document to certify compliance is not as effective as signature certification in other area.
- Most effective tool was to threaten a couple times to not post noncompliant documents or to pull noncompliant documents from the web.
- Most government agencies have more web-site requirements than just Section 508.  All the requirements needs to be posted so web authors are aware of them and don’t just address Section 508.

## More General Tips 

- The only 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 in JAWS to accurately evaluate compliance

## Baking – 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 is attached.  Card holder still signs the form, but 508 compliance is responsibility of buyer.

## Baking – Credit Cards 

**Background.**
- Management thought everyone was using the same worksheet.  In fact, everyone had modified it to fit their own needs.
- The worksheet was outdated and time consuming to complete.
- Created standardized worksheet that was quicker to complete and had space for individual modifications

## Baking – Credit Cards 

**Background.**
- Credit card purchases in the PTO fell into one of three areas:
- PC, printers, scanner could only be purchased from an agency-wide, 508 compliant contract
- Many IT items were exempt (e.g., PDAs) or not IT (e.g., paper, office supplies, travel, conference fees)
- All other IT items had to be tested before they could be used on the enterprise architecture.  If it wasn’t 508 compliant, it had to be returned to the vendor.
- This made it easy for the credit card holder to certify compliance

## Baking – Credit Cards 

**Process.***  *Credit card holder:
- Reviewed the purchase request and ensured 508 documentation was attached for purchases over $2500
- Completed and signed the worksheet.
- Processed the request once the Approving Official signed the form
- All paperwork was retained for end of month reconciliation with OP and Office of Finance

## Baking – Credit Cards 

**Checks and Balances***  *
- If the card holder did not require the buyer to include 508 documentation for purchases over $2500, then the credit card holder was responsible for compliance
- The Approving Official reviewed the worksheet for justification and documentation before signing and authorizing the purchase
- OP and Office of Finance reviewed monthly all credit card transactions

## Baking – Credit Cards 

**Lessons Learned*** *
- With the proper training, not one of the 140+ credit card holders objected to the process
- It is difficult to enforce compliance to the process.  Near term goal should be to raise level of awareness.  Compliance will follow,
- Having 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)

## Baking – Credit Cards 

**Lessons Learned **
- 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.

## And Even More General Tips 

- Strike “undue burden” from your 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.

## General Tips 

- Participate in high-level meetings, working groups, and conference to better understand 508 at higher level and have access to people who can answer questions
- Have ability to evaluate products to determine if they are compliant or have problems.  Best if you act as an independent source.

## General Tips 

- There are no current evaluation tools to evaluate software.  Remember that accessibility tools were not designed to evaluate products for compliance.
- Enforce small, easy to make compliant issues first.  Build employee/management expectations that 508 is not difficult nor expensive.
- Constantly look for ways to promote 508.  It is amazing how easily get can get overlooked.

## ...enjoy your cooking