Thread Subject: Re: Undue Burden Definition

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From: Baronas, Jean
Date: Fri, Jun 01 2007 10:40 AM

Please and sorry, I mean tangible and intangible costs! [not necessarily dollars]
Jean

-----Original Message-----
From: = EMAIL ADDRESS REMOVED = [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Tom Brett
Sent: Friday, June 01, 2007 9:20 AM
To: 'TEITAC Subpart A Subcommittee'
Subject: Re: [teitac-subparta] Undue Burden Definition

I am not sure how you could put a dollar value on comply with the provisions
of Section 508.

For example, the Smithsonian institutes a new security measure that requires
members of the public to have their retina's scanned. For people without
disabilities they will walk up to a kiosk, put their chin in a stirrup and
have their retina scanned using currently available technology.

If I am in a wheelchair I would not be able to put my chin in the stirrup or
if I were blind I may not have a retina. To accommodate people with
disabilities would require that the kiosk be modified to allow for it to be
used by people with disabilities and the blind. The Smithsonian determines
that the cost for these modifications is significant and could run about 25%
of their annual operating budget.

In this case I would argue that the Smithsonian does not have a legitimate
claim of undue burden. The cost of excluding people with disabilities from
museums and other public spaces can not be given a dollar amount and the
impact would be significant




Tom Brett


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Baronas, Jean
Sent: Friday, June 01, 2007 11:56 AM
To: TEITAC Subpart A Subcommittee
Subject: Re: [teitac-subparta] Undue Burden Definition

All,
How about a simple cost-benefit analysis? [cost of device vs. benefit
received from the device]
Thanks,
Jean Baronas

-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Baker, Robert
C.
Sent: Friday, June 01, 2007 8:19 AM
To: = EMAIL ADDRESS REMOVED =
Subject: [teitac-subparta] Undue Burden Definition

The WIKI states the following recommendation has been made

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 that 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).

Robert Baker's comments:

How is "significant expense" calculated?
§ Against the Agency's overall budget?
§ Against the Agency's program budget under which the item is being
procured?
§ Against the Agency's component budget under which the program is
being managed?
§ Against the Agency's approved technology budget under which the item
is being purchased?
§ What constitutes "significant"?
§ Does it matter whether the budget ceiling is externally imposed on
the agency?

How is "significant difficulty" determined?
§ Based on technical feasibility? In which case - wouldn't commercial
non-availability or fundamental alteration apply?
§ Based on impact to carrying out the mission of the agency or
program? If Congress has mandated that certain program activities must
be completed in a certain way or by a certain date, and EIT is required to
address the Congressional mandate, and the agency cannot procure or
implement Section 508 compliant EIT within the restrictions placed upon the
agency by Congress, would this represent a "significant difficulty"

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