DAR File No. 39427

Technology Services, Administration

Rule R895-14

Access to Information Technology for Users with Disabilities

Notice of Proposed Rule

(New Rule)

DAR File No.: 39427
Filed: 06/04/2015 09:15:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is a result of H.B. 122 passed in the 2015 General Session, sponsored by Representative Romero. Information Technology (IT) accessibility ensures that people with and without disabilities can access the same information, perform the same tasks, and receive the same services using information technology. It is the digital equivalent to accessibility in the physical environment. While IT accessibility can provide usability benefits to everyone who uses IT, accessibility is vital to many people with disabilities. This rule is established under the authority of Sections 63F-1-102, 63F-1-205, and 63F-1-206 as amended, and 63F-1-210 as enacted.

Summary of the rule or change:

Each state agency shall develop, procure, maintain, and use accessible electronic information and IT acquired on or after 06/01/2015, that conforms to the applicable provisions set forth by Section 508 of the Rehabilitation Act of 1973, as amended, and 29 USC Section 794(d), including the regulations set forth under 36 CFR part 1194, and the voluntary guidelines reflected in the W3C Web Content Accessibility Guidelines (WCAG) Version 2.0.

State statutory or constitutional authorization for this rule:

• Section 63F-1-210
• Section 63F-1-206

This rule or change incorporates by reference the following material:

• Adds W3C Web Content Accessibility Guidelines (WCAG), published by W3C, 2.0
• Adds W3C Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (WCAG2ICT), published by W3C, 2.0

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. If compliance with this rule causes an undue burden to agencies, agencies may propose an alternative method of access that allows users with disabilities to use information and data.

local governments:

There is no anticipated cost or savings to local government. This rule applies only to state government, and does not apply to local government.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies only to state government, and does not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to other persons. This rule applies only to state government, and does not apply to other persons.

Compliance costs for affected persons:

There are no anticipated compliance costs to affected persons. If compliance with this rule causes an undue burden to agencies, agencies may propose an alternative method of access that allows users with disabilities to use information and data.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact to businesses. This rule applies only to state government, and does not apply to small businesses.

Mark VanOrden, CIO, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Technology Services
Administration
Room 6000 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2015

This rule may become effective on:

08/07/2015

Authorized by:

Mark VanOrden, Executive Director and CIO

R895. Technology Services, Administration.

R895-14. Access to Information Technology for Users with Disabilities.

R895-14-1. Purpose and Authority.

Each state agency shall develop, procure, maintain, and use accessible electronic information and Information Technology (IT) acquired on or after June 1, 2015, that conforms to the applicable provisions set forth by s. 508 of the Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), including the regulations set forth under 36 C.F.R. part 1194, and the voluntary guidelines reflected W3C Web Content Accessibility Guidelines (WCAG) Version 2.0.

Information Technology accessibility ensures that people with and without disabilities can access the same information, perform the same tasks, and receive the same services using information technology. It is the digital equivalent to accessibility in the physical environment. While IT accessibility can provide usability benefits to everyone who uses IT, accessibility is vital to many people with disabilities. This rule is established under the authority of Sections 63F-1-102; 63F-1-205; and 63F-1-206 as amended, and 63F-1-210 as enacted.

(1) Undue Burden to Agencies.

If compliance with this rule causes an undue burden to agencies; agencies may propose an alternative method of access that allows users with disabilities to use information and data. The alternative method must be submitted to the CIO in writing, and the CIO must approve.

(2) Accessibility Testing Protocols.

The Department of Technology Services provides guidelines for accessibility testing and revises them on a regular schedule for use by State Agencies. Current testing protocols measure accessibility against United States Public Access Board Guidelines of 2015, including Section 508 of the Rehabilitation Act of 1973 as amended, and W3C Web Content Accessibility Guidelines (WCAG) Version 2.0.

 

R895-14-2. Scope of Application.

This rule is applicable to all State of Utah Executive Branch Agencies that are under the jurisdiction of the State CIO per Title 63F, The Utah Technology Governance Act.

(1) Exceptions.

Agencies excepted include only those agencies specifically excluded by statute in Title 63F, The Utah Technology Governance Act as amended.

(2) Conditions.

The intent of this rule is to provide a best effort approach to accessibility that ensures that people with and without disabilities can access the same information, perform the same tasks, and receive the same services using information technology.

(3) Limitations.

This rule does not apply to information technology deployed prior to June 1, 2015.

 

R895-14-3. Accessibility Criteria for Agency Websites.

Agency websites created after adoption of this rule will conform at minimum to W3C Web Content Accessibility Guidelines (WCAG) Version 2.0. Testing will reflect compliance based upon no errors at then current DTS accessibility guideline recommendations.

(1) Incorporations by Reference.

W3C Web Content Accessibility Guidelines (WCAG) Version 2.0 is incorporated by reference as published at http://www.w3.org/TR/WCAG20.

(2) Agency Discretion.

Agency websites for public and internal use shall comply with accessibility guidelines irrespective of then current audience accessibility needs.

(3) Vendor Accessibility Certification.

Vendors developing new websites or applications for agencies are required to meet accessibility guidelines subject to this rule. The contractor must correct new websites that do not meet accessibility guidelines without cost to the agency.

 

R895-14-4. Accessibility Criteria for Hardware and Software.

Hardware and software products acquired after June 1, 2015 shall comply with W3C Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (WCAG2ICT), which is incorporated by reference. These guidelines are published at http://www.w3.org/TR/wcag2ict.

(1) Agency Discretion.

Agency hardware and software procurements shall comply with accessibility guidelines irrespective of then current known user accessibility needs, or the agency must provide individuals with disabilities with an alternative method of access that allows the individual to use the hardware and software.

(2) Vendor Accessibility Certification.

Vendors proposing IT products and services for use by the State of Utah shall provide Voluntary Product Accessibility Template (VPAT) documents. (A VPAT is a document provided by a vendor documenting compliance with Section 508.) Vendors will also meet accessibility requirements included in State of Utah Standard Terms and Conditions for IT contracts.

 

R895-14-5. Accessibility for Existing Legacy Information Systems used by Executive Branch Agencies.

Agencies shall ensure that plans are developed to address IT accessibility issues once identified in existing systems, subject to available funding. Corrective actions in project plans, procurement of more accessible IT, and providing alternate means of access to the IT product or service are examples of possible remediation. Such changes are voluntary and are not mandated by this rule.

(1) Agency Discretion.

Agencies will make reasonable efforts to comply with accessibility guidelines for legacy information systems and at minimum, must provide individuals with disabilities with an alternative method of access that allows the individual to use the hardware and software associated with the legacy information system.

 

R895-14-6. Grievance Reporting Procedures.

The Department of Technology Services shall provide accessible forms for reporting accessibility issues that can be accessed in the standard Utah.gov Website footer used by agency Websites. In addition, a contact number is provided on agency Websites to report accessibility issues.

(1) Responding to Accessibility Violations.

DTS shall respond to accessibility violation reports within 30 working days with suggestions for remediation and possible timelines as appropriate.

 

KEY: accessibility guidelines, information technology for users with disabilities, web accessibility

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 63F-1-206; 63F-1-210