Subpart A:Definitions Archive
Subpart A > Definitions Archive
This is the prior version of the definitions page being kept for historical purposes.
Formatting Conventions
The following formatting conventions are used in this article:
This blockquote style (pre) denotes a citation from the final rule (508 or 255). If a term does not appear in this style, the implication is that the term is not currently defined in 508 nor 255.
Following each citation is a
- Definition List
- Most terms are listed using wiki text for definition lists.
- Subcommittee members are encouraged to discuss and modify these definitions.
- If a term does not appear in this style, the implication is that the term is comes from statute (e.g., Clinger Cohen) that is beyond the purview of the Access Board.
Following the definition list are notes from the preamble, comments from the Access Board staff regarding origin and level of effort regarding requests for technical assistance.
Following the comments from the Access Board staff is place holder text for on-going subcommittee discussion. Please add working notes!
Terms which have not been defined by previous rulemaking are given emphasis so they might standout better. This is true for headings as well. Please note the example which follows:
New Term
- New Term
- Headings show up in Table of Contents at begining of this article.
- For this article only, please use headings sparingly, so that defined terms stand out more prominently.
Disclaimer
As a reminder, nothing in this wiki is recommendation of the Advisory Committee unless it has been vetted and approved by the full committee.
Definitions
Accessible
- Accessible
- If a product complies with the standards in this part, it is “accessible”; if it does not comply, it is not accessible.
- from the Preamble
The term accessible was defined in the proposed rule in terms of compliance with the standards in this part, as is common with other accessibility standards. As proposed, if a product complies with the standards in this part, it is “accessible”; if it does not comply, it is not accessible.
Comment. The Trace Research and Development Center (Trace Center) and the General Services Administration commented that the proposed definition of accessible would mean that products can be declared “accessible” if they are merely compatible with assistive technology and that the definition of accessible was being used as a measure of compliance. The Trace Center commented that the problem with this approach is that a product could have few or no accessibility features because it was an undue burden and still be considered accessible.
Response. Although the term accessible was used sparingly in the proposed rule, the Board agrees that the definition may be problematic. The term as used in the proposed rule was in fact addressing products which comply with the standards. Products covered by this part are required to comply with all applicable provisions of this part. Accordingly, the definition has been eliminated in the final rule and the term accessible is not used in the text of the final rule. A product is compliant with the requirements of section 508 of the Rehabilitation Act of 1973 (as amended by the Workforce Investment Act of 1998) by meeting all the applicable provisions of part 1194.
- Working Notes
Placeholder text goes here.
Accessibility API
- Accessibility API (Accessibility Application Programming Interface)
- an API for Accessibility
- Working Notes
Above is a placeholder definition.
Peter Korn: Note, the Web & Software group has moved to using the term "Accessibility Services" which comes to us from ISO 9241-171 so we probably don't need to define this
Agency
Agency. Any Federal department or agency, including the United States Postal Service.
- Agency
- Any Federal department or agency, including the United States Postal Service.
- from the Preamble
The term agency includes any Federal department or agency, including the United States Postal Service. No substantive comments were received regarding this definition and no changes have been made in the final rule.
- Origin
Section 508 statute 29 Usc 794d(a)(1)(A)[1]. Intended to be shorthand reference to 794(a)(1)(A)
- Does it result in much technical assistance?
Some TA as to whether a particular entity is covered by the statute.
- Working Notes
Placeholder text goes here.
Alternate formats
Alternate formats. Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part.
- Alternate formats
- Alternate formats usable by people with disabilities may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part.
- from the Preamble
Certain product information is required to be made available in alternate formats to be usable by individuals with various disabilities. Consistent with the Board’s Telecommunications Act Accessibility Guidelines (36 CFR part 1193), the proposed rule defined alternate formats as those formats which are usable by people with disabilities. The proposed definition noted that the formats may include Braille, ASCII text, large print, recorded audio, and accessible internet programming or coding languages, among others. ASCII refers to the American Standard Code for Information Interchange, which is an American National Standards Institute (ANSI) standard defining how computers read and write commonly used letters, numbers, punctuation marks, and other codes.
Comment. One commenter was concerned that the term “accessible internet programming or coding languages” used in the description of acceptable alternate formats was somewhat ambiguous and recommended using the term “accessible internet formats”.
Response. The Board agrees that the term “accessible internet programming or coding languages” may be vague. In addition, as noted above, the final rule will not include the term “accessible”. The definition for alternate formats has been modified to refer to “electronic formats which comply with this part”. This change will permit, for instance, alternate formats to include a computer file (either on the internet or saved on a computer disk) that can be viewed by a browser and which complies with the standards for web pages. No other changes have been made to the definition in the final rule.
- Origin
Telecommunications Act Accessibility Guidelines Section[2].
In 508 NPRM[3], without many comments.
- Does it result in much technical assistance?
No.
- Working Notes
Placeholder text goes here.
Alternate methods
Alternate methods. Different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
- Alternate methods
- Different means of providing information, including product documentation, to people with disabilities.
- Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
- from the Preamble
The proposed rule used the term "alternate modes" which was defined as different means of providing information to users of products, including product documentation, such as voice, fax, relay service, TTY, internet posting, captioning, text-to-speech synthesis, and audio description.
Comment. One commenter suggested that “alternate methods” would be a better term to describe the different means of providing information. The commenter was concerned that the term alternate modes would be confused with alternate modes of operation of the product itself which does not necessarily refer to how the information is provided.
Response. The Board agrees that the term alternate methods is a more descriptive and less confusing term than the term alternate modes. Other than the change in terminology from alternate modes to alternate methods, no other changes have been made to the definition in the final rule.
- Origin
This is consistent with the term “alternate modes” used in the 255 Guidelines.[2]
- Does it result in much technical assistance?
No.
- Working Notes
Placeholder text goes here.
Assistive technology
Assistive technology. Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
- Assistive technology
- Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
- Hardware or software that is added to or incorporated within a system that increases accessibility for an individual. Some portions may function as platform software while other portions may function as application software and would be covered above. Guidelines for the design of assistive technology in general are outside the scope of this document.
- from the Preamble
Assistive technology is defined as any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities. The definition was derived from the definition of assistive technology in the Assistive Technology Act of 1998 (29 U.S.C. 3002). The preamble to the proposed rule noted that assistive technology may include screen readers which allow persons who cannot see a visual display to either hear screen content or read the content in Braille, specialized one-handed keyboards which allow an individual to operate a computer with only one hand, and specialized audio amplifiers that allow persons with limited hearing to receive an enhanced audio signal. No substantive comments were received regarding this definition and no changes have been made in the final rule.
- Origin
Based on AT Act of 1998:
PL 105-394, Section 3(a)[4].
N.B.: AT Act was updated in 2004.
- Does it result in much technical assistance?
Some TA. For example: “How does 508 apply to AT products?”
- Working Notes
HFES/ISO (which group?) has also defined AT: Hardware or software that is added to or incorporated within a system that increases accessibility for an individual. Some portions may function as platform software while other portions may function as application software and would be covered above. Guidelines for the design of assistive technology in general are outside the scope of this document.
The definition of assistive technology that is included in Section 508 does not accurately reflect the definition of Asssistive Technology as originally set forth in the Assistive Technology Act of 1998 (PL 105-394). The 1998 amendments to the AT Act resulted in a new term ‘‘Assistive Technology’’- means technology designed to be utilized in an assistive technology device or assistive technology service.Under the AT Act, the definitiion for Assistive Technology includes AT used in an AT service. The definition included in Section 508 is actually the definition of Assistive Technology Device, but is termed Assistive Technology.The term AT Device is broad enough to cover an array of products to increase function or access. The definition for Assistive Technology Device has since been replicated in the Workforce Investment Act (WIA), Individuals with Disabilities Education Act (IDEA), the Developmental Disabilities Act (DD Act) and other federal statutes. The AT Act also includes a definition for Universal Design.
ASSISTIVE TECHNOLOGY—The term ‘‘assistive technology’’ means technology designed to be utilized in an assistive technology device or assistive technology service.
ASSISTIVE TECHNOLOGY DEVICE—The term ‘‘assistive technology device’’ means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
ASSISTIVE TECHNOLOGY SERVICE—The term ‘‘assistive technology service’’ means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) services consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) services consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with disabilities, or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.
UNIVERSAL DESIGN —The term ‘‘universal design’’ means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable (without requiring assistive technologies) and products and services that are made usable with assistive technologies.
from WCAG 2.0
A user agent that both:
1. provides services beyond those offered by the host user agents to meet the requirements of users with disabilities. Such services include alternative renderings (e.g., as synthesized speech or magnified content), alternative input methods (e.g., voice), additional navigation or orientation mechanisms, and content transformations (e.g., to make tables more accessible), and
2. relies on services (such as retrieving Web content and parsing markup) provided by one or more other "host" user agents. Assistive technologies communicate data and messages with host user agents by using and monitoring APIs
Note 1: In this definition, the host user agents are user agents in the general sense of the term. That is, any software that retrieves and renders Web content for users. The host user agent may provide important services to assistive technologies like retrieving Web content from program objects or parsing markup into identifiable bundles.
Note 2: Host user agents may also provide services directly that meet the requirements of users with disabilities.
Note 3: This definition is based on User Agent Accessibility Guidelines 1.0 Glossary.
Comparable Access
Comparable Access: Three features are critical in determining if comparable access to and use of information and data is provided. 1) Comparable access to information must be timely. In the case of information technology accessibility that would include the speed with which a person with a disability can access the information as compared to an individual without a disability. 2) Comparable access must provide accurate information especially when the information has been translated or converted into another form or media. 3) Comparable access must provide information and data in a manner and medium appropriate to the significance of the message. In the case of information technology, more critical interaction elements or data content might require a higher level of or different type of access.
Proposed modification of draft developed as a result of April 12 workgroup meeting Three features are critical in determining if comparable access to and use of information and data is provided. 1) Must provide timely access to information and data to persons with disabilities. Timeliness would include the speed with which a person with disabilities can use EIT to access information or perform a task as compared to an individual without disabilities. 2) Must provide information and data to persons with disabilities that accurately reflects the intended meaning that is available to individuals without disabilities. 3) Must provide information and data in a manner and medium appropriate to the significance of the message.
Conversation
An exchange of information between two or more parties that takes place in real time, without any storage and forwarding of any content. Conversations can consist of voice, text, or video content, or any combinations of those.
Captioning
Captioning -Captions are synchronized text display(s) of information that is presented on the screen in an audio format. Captions appear as written representation of onscreen audio narration or spoken dialogue, Captions are similar to subtitles, but also convey non-dialogue auditory information that is important to the video, such as on- and off-screen sound effects, music, and laughter that are synchronized with the images on the screen.
- FCC definition for closed captioning (47 CFR Sec 79.1(a)(4)):
"The visual display of the audio portion of video programming pursuant to the technical specifications set forth in part 15 of this chapter."
- Media Access Group at WGBH definition:
Closed captions are same-language subtitles designed for deaf and hard-of-hearing people. Closed captions display spoken dialogue, on- and off-screen sound effects, music, and laughter as printed words on the television screen and are placed in regions of the screen to identify speakers and sound location.
Closed captions are hidden as data within the television signal, and they must be decoded in order to be displayed on your TV screen. With either a set-top decoder or a caption-ready TV set, you can switch captions on or off with the touch of a button.
- W3C/WAI definition ...
Electronic and information technology
Electronic and information technology. Includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.
- Electronic and information technology
- Includes information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information.
- The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines.
- The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.
- from the Preamble
This is the statutory term for the products covered by the standards in this part. The statute explicitly required the Board to define this term, and required the definition to be consistent with the definition of information technology in the Clinger-Cohen Act of 1996. The Board’s proposed definition of information technology was identical to that in the Clinger-Cohen Act. Electronic and information technology was defined in the proposed rule to include information technology, as well as any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information.
Information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. Electronic and information technology includes information technology products like those listed above as well as telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers, and fax machines.
Consistent with the FAR, (4) the Board proposed that electronic and information technology not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.
Comment. Several commenters recommended that the exception for HVAC control devices and medical equipment be revised in the final rule. The commenters were concerned that the exception was too broad in that it exempted equipment such as medical diagnostic equipment that they felt should be covered by the rule. In addition, the National Association of the Deaf (NAD) requested that public address systems, alarm systems, and two-way communications systems such as intercoms be expressly included as electronic and information technology.
Response. The exemption is consistent with existing definitions for information technology in the FAR. Public address systems, alarm systems, and two-way communications systems are already addressed by the Americans with Disabilities Act Accessibility Guidelines and will be addressed in more detail in the Board’s guidelines under the Architectural Barriers Act which apply to Federal facilities. No changes have been made to the definition in the final rule.
Information technology
Information technology. Any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.
- from the Preamble
The definition of information technology is identical to that in the Clinger-Cohen Act, that is, any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. Information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. No substantive comments were received regarding this definition and no changes have been made in the final rule.
Operable controls
Operable controls. A component of a product that requires physical contact for normal operation. Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads.
- Operable controls
- A component of a product that requires physical contact for normal operation.
- Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads.
- from the Preamble
The proposed rule defined operable controls as those components of a product that require physical contact for normal operation of the device. Examples of operable controls were provided, including on/off switches, buttons, dials and knobs, mice, keypads and other input devices, copier paper trays (both for inserting paper to be copied and retrieving finished copies), coin and card slots, card readers, and similar components. The proposed rule also clarified that operable controls do not include voice-operated controls.
Comment. One commenter was concerned that the term paper trays was confusing and interpreted it to mean the large trays on a copier which are loaded with reams of paper for copying. The commenter suggested that the term input and output trays be used instead.
Response. The Board agrees that input and output trays are more descriptive. The final rule reflects this change which is intended to apply to products in their normal operation rather than when the product may be used for maintenance, repair, or occasional monitoring. For example, a user should be able to add paper to a desktop laser printer. No other changes have been made to this definition.
Product
Product. Electronic and information technology.
- Product
- Electronic and information technology.
- from the Preamble
The term product is used in the rule as a shorthand for electronic and information technology. No substantive comments were received regarding this definition and no changes have been made in the final rule.
Relay Service
Any conversion of the content of a conversation, voice, text, or video, so that one or more parties to the conversation can fully participate. Examples of relay are standard telecommunications relay service (TRS), voice carryover (VCO), hearing carryover (HCO), speech-to-speech (STS), captioned telephony, and video relay service (VRS).
Self Contained, Closed Products
Self Contained, Closed Products. Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.
- Self Contained, Closed Products
- Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology.
- These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.
- from the Preamble
This term was not used in the proposed rule and is provided in the final rule as a result of the reorganization of the standards. Self contained, closed products, are those that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.
Software
- Software
- HFES/ISO (which group?) has defined two categories of software.
- Platform software
- Application software
Platform software
- Platform software
- (the operating system and associated layers, and toolkits)
- Operating system, drivers and associated software layers. Includes Windowing Systems, libraries and associated toolkits that provide or affect the user interface of other software (e.g. GNOME, KDE, Java runtime, Visual Basic, applications executing scripts or hosting embedded objects, etc.) NOTE: If a software program uses its own routine to provide, override, or replace OS driver functions then the application would need to conform to related Platform Software provisions.
Application software
- Application software
- (which run on and make use of services provided by platform software)
- Software not considered as part of the operating system or its immediate layers. This includes “desktop” software bundled with an operating system, personal productivity applications, development tools, Web browsers, and other non-OS software.
Telecommunications
Telecommunications. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
- Telecommunications
- The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
- from the Preamble
The definition for telecommunications is consistent with the definition in the Board’s Telecommunications Act Accessibility Guidelines and the definition of telecommunications in the Telecommunications Act. No substantive comments were received regarding this definition and no changes have been made in the final rule.
TTY
TTY. An abbreviation for teletypewriter. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.
- TTY
An abbreviation for teletypewriter. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network. As used in this part, the term TTY includes text-to-text communications along with voice and text intermixed communications such as voice carry over and hearing carry over. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones. -Rationale: Clarifies that the term TTY includes mixed voice and text communications so that technical standards that use the term TTY also apply to intermixed communications, not just text-to-text. Per Jim T – TTY should be defined in Subpart A as complying with EIA/TIA 825, the Baudot standard.
- An abbreviation for teletypewriter.
- Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network.
- TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems.
- TTYs are also called text telephones.
- from the Preamble
TTYs are machinery or equipment that employ interactive text based communications through the transmission of coded signals across the telephone network.
Comment. The Trace Center recommended adding the word “baudot” to the definition of TTY to clarify that the term is not meant to be broader than baudot TTYs. The NAD and other consumer groups, however, supported the Board’s definition and encouraged the Board to use the same definition consistently.
Response. The definition for the term TTY is consistent with the definition of TTY in the Board’s ADA Accessibility Guidelines and Telecommunications Act Accessibility Guidelines. No changes have been made to the definition in the final rule.
Undue burden
Undue burden. Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.
- Undue burden
- Undue burden means significant difficulty or expense.
- In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.
- from the Preamble
The final rule defines the term undue burden as “significant difficulty or expense.” In determining what is a significant difficulty or expense, each agency must consider the resources available to the program or component for which the product is being developed, maintained, used or procured. The proposed rule defined undue burden as an action that would result in significant difficulty or expense considering all agency resources available to the agency or component. The Board sought comment in the NPRM on two additional factors (identified as factor (2) and factor (3) in the preamble) for agencies to consider in assessing a determination of an undue burden. Factor (2) addressed the compatibility of an accessible product with the agency’s or component’s infrastructure, including security, and the difficulty of integrating the accessible product. Factor (3) concerned the functionality needed from the product and the technical difficulty involved in making the product accessible.
Comment. The ITAA, ITIC and the Oracle Corporation opposed the inclusion of a definition for undue burden in the final rule. Both the ITAA and the ITIC commented that defining undue burden was beyond the Board’s authority. Oracle suggested that the concept of undue burden under section 508 was beyond the Board’s expertise in that it was a procurement matter. The commenters were also concerned that the Board’s definition was too narrow. Alternatively, if the Board was to adopt a definition for undue burden, the ITAA favored adoption of the factors associated with undue burden and undue hardship in the ADA and section 504 of the Rehabilitation Act. In particular, the ITAA recommended adoption of the “nature and cost” of the accommodation as a factor for consideration. ITIC favored adoption of the employment factors in title I of the ADA if the Board were to include a definition of undue burden. Both the ITAA and the ITIC also favored the adoption of factors (2) and (3) identified in the NPRM if undue burden was to be addressed in the final rule.
The remainder and majority of the commenters did not address the issue of whether the Board should adopt a definition of undue burden, but rather how to define it. At least two Federal agencies and ten organizations representing persons with disabilities opposed the inclusion of factors (2) and (3) suggested in the NPRM. The Department of Commerce and a majority of advocacy organizations representing people with disabilities opposed factors (2) and (3) on the grounds that the factors would create a loophole for agencies to avoid compliance with section 508. The Department of Veterans Affairs opposed factor (3) as it considered that factor to be more about job assignment than undue burden. Several commenters including Sun Microsystems and Adobe Systems favored adopting factors (2) and (3) in the definition of undue burden. The Social Security Administration (SSA) and the Department of Health and Human Services, Administration for Children and Families, sought guidance as to the amount of increased cost of a product that would not constitute undue burden regardless of an agency’s overall budget. Citing the example of a product that would cost 25 percent more to comply with the standards, the SSA questioned whether that would be undue or would 10 percent or 50 percent be considered undue. The General Services Administration recommended basing the financial resources available to an agency on a program basis.
Response. The term undue burden is based on caselaw interpreting section 504 of the Rehabilitation Act (Southeastern Community College v. Davis, 442 U.S. 397 (1979)), and has been included in agency regulations issued under section 504 since the Davis case. See, e.g., 28 CFR 39.150. The term undue burden is also used in Title III of the ADA, 42 U.S.C. 12182 (b)(2)(A)(iii). The legislative history of the ADA states that the term undue burden is derived from section 504 and the regulations thereunder, and is analogous to the term “undue hardship” in Title I of the ADA, which Congress defined as “an action requiring significant difficulty or expense.” 42 U.S.C. 12111(10)(A). See, H. Rept. 101-485, pt. 2, at 106. In the NPRM, the Board proposed adoption of “significant difficulty or expense” as the definition for undue burden. No changes were made to that aspect of the definition in the final rule.
Title I of the ADA lists factors to be considered in determining whether a particular action would result in an undue hardship. 42 U.S.C. 12111(10)(B)(i)-(iv). However, since title I of the ADA addresses employment and the individual accommodation of employees, not all of the factors are directly applicable to section 508 except for the financial resources of the covered facility or entity which is necessary to a determination of “significant difficulty or expense.” Unlike title I, section 508 requires that agencies must procure accessible electronic and information technology regardless of whether they have employees with disabilities. Requiring agencies to purchase accessible products at the outset eliminates the need for expensive retrofitting of an existing product when requested by an employee or member of the public as a reasonable accommodation at a later time.
In determining whether a particular action is an undue burden under section 508, the proposed rule provided that the resources “available” to an “agency or component” for which the product is being developed, procured, maintained, or used is an appropriate factor to consider. The language was derived from the section 504 federally conducted regulations. Those regulations limited the consideration of resources to those resources available to a “program”. The preamble to the proposed rule noted that an agency’s entire budget may not be available for purposes of complying with section 508. Many parts of agency budgets are authorized for specific purposes and are thus not available to other programs or components within the agency. The definition of undue burden has been clarified in the final rule to more clearly reflect this limitation. The provision now states that “agency resources available to a program or component” are to be considered in determining whether an action is an undue burden. Because available financial resources vary greatly from one agency to another, what constitutes an undue burden for a smaller agency may not be an undue burden for another, larger agency having more resources to commit to a particular procurement. Each procurement would necessarily be determined on a case-by-case basis. Because a determination of whether an action would constitute an undue burden is made on a case-by-case basis, it would be inappropriate for the Board to assess a set percentage for the increased cost of a product that would be considered an undue burden in every case.
The Board has not included factors (2) and (3) in the text of the final rule. While the Board acknowledges that these may be appropriate factors for consideration by an agency in determining whether an action is an undue burden, factors (2) and (3) were not based on established caselaw or existing regulations under section 504. Further, the Board recognizes that undue burden is determined on a case-by-case basis and that factors (2) and (3) may not apply in every determination. Agencies are not required to consider these factors and may consider other appropriate factors in their undue burden analyses.
Comment. Adobe Systems questioned whether a product which does not meet a provision based on a finding of undue burden, has to comply with the remaining provisions.
Response. The undue burden analysis is applied on a provision by provision basis. A separate undue burden analysis must be conducted and, in the case of procurements, be documented for each applicable provision.
User input for equivalent access
from Karen Strauss
The Section 255 requirement for working with people with
disabilities is contained both in 47 CFR Sections 6.7 and
7.7, both of which state:
"(a) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of equipment and services covered by this part and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers and service providers shall identify barriers to accessibility and usability as part of such a product design and development process.
(b) In developing such a process, manufacturers and service providers shall consider the following factors, as the manufacturers deems appropriate:
(3) Working cooperatively with appropriate disability-related organizations; and (4) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities."
The last section is one that we should pay particular attention to. If "closed captioning" is generally provided in a certain way - e.g., on the same screen as the video being shown - and an agency comes up with a novel way of providing the captions - for example on a teleprompter-like screen next to the video, the agency should at least validate this "unproven access solution" with people with disabilities (i.e., the audience) who will be using that access solution.
Video description
Video Description The insertion of verbal or auditory description(s) of on-screen visuals intended to describe important visual details that are not contained or that cannot be understood from the main audio output alone. Audio descriptions supplement the regular audio track of the program and are usually inserted between dialogue narration to provide information about actions, characters, and on-screen text that appears without verbailization. Video descriptions are a way to let people who are blind or have low vision know what is happening on screen. - Question: Does the definition need to distinguish between audio and video transcription? Should the definition include the following: In these standards the term video description is used rather than audio description. The term audio description is reserved for verbal descriptions of live events.
- FCC defintion of video description (47 CFR Sec. 79.3(a)(3)):
"The insertion of audio narrated descriptions of a television program's key visual elements
into the natural pauses between the program's dialogue."
- Media Access Group at WGBH definition:
[Video description] offers blind and visually impaired viewers a carefully crafted narration, woven
between program audio, that provides access to non-verbal information such as on-screen action, settings, costumes and character expressions.
- W3C/WAI definition ...
Terms Needing Definition
Accessibility API (Accessibility Application Programming Interface)
Terms with More Than One (Authoritative) Definition
Assistive Technology
References
Current (2004) version of the AT Act, PL 108-364, can be found at URL: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ364.108
