Thread Subject: Re: Undue Burden Definition

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From: Diane Golden
Date: Fri, Jun 01 2007 10:45 AM

Unfortunately the wiki is a bit confusing. Folks need to go to the addendum
link for the May meeting for the definitions. The info on the first link
has definition information from Deborah's original wiki posting with
every/all comments for documentation purposes. There is no current
recommendation on the table for revision of the undue burden defintion.
Previous phone discussions seemed to point to technical advisory notes,
training and technical assistance or other supports for clarification rather
than definition change. Much of the wording is based on other statute/reg
language, case law and litigation history so any change the subcommittee
would propose would have to carefully analyze that body of information see
the reference the Access Board provided early on
http://www.section508.gov/docs/undueburdenarticle.htm

Diane Golden
NASCIO

-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ]On Behalf Of Baker,
Robert C.
Sent: Friday, June 01, 2007 10:19 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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