Thread Subject: Undue Burden Definition

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From: Baker, Robert C.
Date: Fri, Jun 01 2007 9:20 AM
Subject: 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"

From: Tom Brett
Date: Fri, Jun 01 2007 9:30 AM
Subject: Re: Undue Burden Definition

I have posted the following recommended rewording to this definition to the
working copy of the definition of Undue Burden

Undue burden means significant difficulty or expense. In determining whether
an action would result in an undue burden, an agency must determine the
scope of the initiative and must consider all resources available to the
program or component for which the product is being developed, procured,
maintained, or used.

I would also think that when an agency approves an undue burden exception
they should post that information on the public agency web site.

Tom Brett


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Baker, Robert
C.
Sent: Friday, June 01, 2007 11:19 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"

From: Baronas, Jean
Date: Fri, Jun 01 2007 10:05 AM
Subject: Re: 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"

From: Tom Brett
Date: Fri, Jun 01 2007 10:25 AM
Subject: Re: 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"

From: Baronas, Jean
Date: Fri, Jun 01 2007 10:40 AM
Subject: Re: Undue Burden Definition

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"

From: Diane Golden
Date: Fri, Jun 01 2007 10:45 AM
Subject: Re: Undue Burden Definition

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"