What is the role of the Functional Performance Criteria

What is the role of the Functional Performance Criteria

The best source of information is the 508 regulations themselves.

Here are the provisions I found that dealt with this.

First, I found this statement under “APPLICATION” (right up front) that appears to state quite clearly how to apply use the technical and performance portions of the standard, and it says that both need to be applied to a product.

{under 1194.2 APPLICATION of the Final Rule it states}

"§ 1194.2 Application.

" (a) Products covered by this part shall comply with all applicable provisions
of this part. When developing, procuring, maintaining, or using electronic and
information technology, each agency shall ensure that the products comply with
the applicable provisions of this part, unless an undue burden would be imposed
on the agency.

{In the preamble for this section (1194.2) it says. -- Again quoting from the Final Rule}

"Section 1194.2 Application

This section specifies what electronic and information technology is covered
by the standards. Electronic and information technology covered by section 508
must comply with each of the relevant sections of this part. For example, a
computer and its software programs would be required to comply with §1194.26,
Desktop and portable computers, §1194.21, Software applications and operating
systems, and the functional performance criteria in §1194.31. "

It seems that the technical standards are in addition to the performance criteria, not instead of.

NOTE: in the text above “this part” means “36 CFR Part 1194”, the whole standard. 508 (1194) is part of the Code of Federal Regulations CFR. Anything smaller than "all of part 1194" (all of 508) is referred to as a "Subpart".

The other quotes from the final rule I found that related to this were

{From the Background section}

“The proposed standards covered various products, including computers, software,
and electronic office equipment in the Federal sector. They provided technical
criteria specific to various types of technologies and performance-based
requirements, which focus on the functional capabilities of covered technologies.”

and

{From SubPart B preamble}

“Also, the provisions in the proposed rule under §1194.27 (Functional Performance
Criteria) have been redesignated as Subpart C (Functional Performance Criteria) in
the final rule. Subpart C provides functional performance criteria for overall
product evaluation and for technologies or components for which there is no
specific provision in subpart B.”

I had to read this one a couple times since I’ve seen people refer to this statement as saying that Subpart C did not apply to products where there were technical specs – only for those where there wasn’t. A careful read shows that it also applies for any part of a product for which there is no specific provision in B. This appears to say that Subpart C should be used whenever the technical provisions would not make a component accessible (or compatible). The intent being to make sure that products that met the technical criteria, but were not operable without user vision, user hearing etc., would not pass the standard technically but not really.

This reading is reinforced by the Performance Criteria Preamble.

{ From Performance Criteria Preamble}
 
This section provides functional performance criteria for overall product evaluation
and for technologies or components for which there is no specific requirement under
other sections. These criteria are also intended to ensure that the individual
accessible components work together to create an accessible product. This section
requires that all product functions, including operation and information retrieval,
be operable through at least one mode addressed in each of the following paragraphs.

NOTE: There is one place where the standard specifically said that meeting the technical provisions (for this subpart) also satisfied the performance criteria. In the preamble for the clause 1194.31a (without requiring user vision) it states that the technical provisions in 1194.21 are sufficient to satisfy the Functional Performance Criteria 119.31(a)

{from Preamble for 1194.31(a)}
 

“Software that complies with §1194.21 would also satisfy this provision.”

I am assuming this was because of the difficulty in defining what compatibility with screen reading AT meant. I note that for 1194.31(b) compliance with 1194.21 did not mean automatic compliance since it states:

{from Preamble for 1194.31(b)} 

“This paragraph requires either the provision of screen enlargement and
voice output or, that the product support assistive technology.”

Since software products must meet 1194.21 this seems to indicate that .21 is not automatic compliance across the provisions. Which makes sense.

For context here is the rest of the text of these paragraphs

{from Preamble for 1194.31(a) and (b)}

“Paragraph (a) provides that at least one mode of operation and information retrieval
that does not require user vision shall be provided, or support for assistive
technology used by people who are blind or visually impaired shall be provided.
It is not expected that every software program will be self-voicing or have its
own built-in screen reader. Software that complies with §1194.21 would also satisfy
this provision.”

 “Paragraph (b) provides that at least one mode of operation and information retrieval
that does not require visual acuity greater than 20/70 (when corrected with glasses)
must be provided in audio and enlarged print output that works together or independently.
In the alternative, support for assistive technology used by people who are blind or who
have low vision must be provided. Although visual acuity of 20/200 is considered
"legally blind," there are actually millions of Americans with vision below the 20/200 
threshold who can still see enough to operate and get output from technology, often with 
just a little additional boost in contrast or font size. This paragraph requires either 
the provision of screen enlargement and voice output or, that the product support 
assistive technology.” 

So that’s what I found.

Regarding Access Board presentations, what I heard said that you should apply the technical standards first. Then use the performance criteria to check the result, (as the final rule says) “to ensure that the individual accessible components work together to create an accessible product.” But there are lots of presentations so…..

I going to send this memo to the Access Board to double check that I have this right. --- since my reading doesn’t mean anything. But in the meantime I think we are safer going with the language in the Final Rule. I would just quote the Final Rule in our doc – and not interpret it.

Ciao

Gregg