Usability Trumps Accessibility

While Compliance is the most expensive, least effective “solution”: Separate & Unequal systems

Outline
    

Legal & Administrative Provisions Procurement Requirements & Tools Why is this a big deal? Why this is a big deal Content is King – Usability is Queen
  

Not an IT/IS Problem; Stakeholders Marginal Cost is Negligible if … Usability Bonus Dwarfs all costs

Validation & Remediation

Legal Requirements

The Florida Accessible Electronic & Information Technology Act of 2006 became law on July 1, 2006
Chapter 282, Part III, Sections 282.601-282.606,F.S.

Section 60EE-1.—1-004, F.A.C., Florida Accessible Electronic & Information Technology Rules, Implementing the FA-eIT
Chapter 282, Part III, Sections 282.601-282.606,F.S.

Scope of Requirements

Major Categories of Disabilities
  

Visual

blindness, low vision, color-blindness deafness inability to use a mouse, slow response time, limited fine motor control learning disabilities, distractibility, inability to remember or focus on large amounts of information

Hearing

Motor

Cognitive

Legal Requirements
    

The Americans with Disabilities Act
(1990 - see 28 C.F.R. Part 35)

Section 504 of the Rehabilitation Act Section 508 of the Rehabilitation Act Assistive Technology Act of 1998 Telecommunications Act of 1996
 

Section 251 as amended 2000 Section 255 as amended 2002

Florida Accessible Electronic & Information Technology Act of 2006

Legal Requirements: ADA

The Americans with Disabilities Act
(1990 - see 28 C.F.R. Part 35)

Dept of Justice ruling (9/9/96): ADA accessibility requirements apply to Internet web pages (10
NDLR 240)

Central issues focus on:  Effective Communication and  Public Accommodation.

“Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through telecommunication devices, print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well.” - Department of Justice

Legal Requirements: §508

Section 508 of the Rehabilitation Act

This section requires the Federal government to procure electronic and information technology (E&IT) goods and services that are not fully accessible to those with disabilities. Provides the legislative language and standards for the design of accessible electronic information technology. (effective: June 21, 2001) Section 508 is important because:
 

It provides the first federal accessibility standard for the Internet. It provides compliance language that can be automated and monitored at a distance. State governments can be held accountable under the Assistive Technology Act of 1998. Businesses must comply with Section 508 when supplying Electronic and Information Technology goods and services to the federal government.

Legal Req’s: §508 Subparts

Section 508 Accessible Electronic & Information Technology Standards

Subpart B - Technical Standards

Software, web apps, computers, etc. By type of impairment, e.g. vision and hearing

Subpart C - Functional Performance Criteria

Subpart D - Information, Documentation, & Support

Includes product support and product support services in alternative formats and modes

Legal Requirements: FA-eIT

Florida Accessible Electronic & Information Technology Act of 2006
  

 

Became law July 1, 2006 Creates part III of Section 282, F.S. (HB 1503, SB 2012) Applies to the executive, legislative and judicial branches of state government Tracks Section 508 federal language Allows the state to use the body of federal law and related interpretations in regard to the administration of this Act. Requires agencies to use Section 508 1194 standards for procuring, developing, and maintaining A-eIT Applies to competitive solicitations issued and new systems developed after July 1, 2006

Procurement Guidance
   

BuyAccessible.gov – http://www.buyaccessible.gov/ See the Buy Accessible Wizard for your procurement activities - http://app.buyaccessible.gov/baw/ Sample U.S. Agency Usability Contracts http://www.usability.gov/sows/index.html Federal Communications Commission: Disability Rights Office
(resource for Telecommunication/VoIP accessibility)

http://www.fcc.gov/cgb/dro

Procurement Tool: VPAT
Information Technology Industry Council
Volunteer Product Accessibility Template (VPAT)
Product Category A/V Equipment as identified in the Standards Copiers (not multi-function document imaging - see Note 1) Digital Copiers Scanners Smart Card Readers Operating Systems, Application Software Websites Printers Handhelds Personal Computers (Desktop, Notebook, Portable, including displays) Servers and Workstations Fax machines (public line or via the Internet) PBX (in-house electronic exchanger) Telephone answering machines Telecommunications devices (wired, analog and digital wireless, Internet) 1194.21 1194.22 1194.23 O O O=PC Soft O=PC Soft O=PC Soft O O=PC Soft O=PC Soft O O O=PC Soft O=TAPI O=Web Interface O=Tuner O O O O O O=Web Interface O 1194.24 1194.25 1194.26

O O O O O

O=PC Soft

“O” = Applies - “PC Soft” is the application software bundle - "TAPI" is the Telephony Application Programming Interface "Web Interface" refers to browser applications - "Tuner" refers to a television tuner/receiver. Note 1: If a product provides the equivalent functionality of a combination of the products listed above, all relevant standards apply. Source: ITIC

Legal  Practical  Actual

Compliance does not equal Accessibility
 

Necessary but not Sufficient Auditors’ game Necessary but not Sufficient Stakeholders’ game Massive positive ROI (public interest serving) Requires patience, determination, deliberateness, & sustained commitment Not optimistic: completely out of character

Accessibility does not equal Usability
 

Usability does not equal Political Needs
  

Why Is This a Big Deal?
 

Who’s Job is it Anyway? It’s the Organization, Not the Technology
   

Where is the priority? Where is the money? Where is the focus? What are the instructions?

 

It is wildly expensive to remediate It is negligibly costly to anticipate

Why This is a Big Deal
    

Workers are more efficient Managers are more effective Customers are more satisfied The Price: Proper Project Planning & Management Realism derived from
  

Stakeholder Involvement Professional management Resources adequate to the task(s)

We are temporarily able bodied

“All you able bodied people here just need to realize:

You are only temporarily able bodied.”

Usability Stakeholders
   

Workers & Customers Persons with disabilities are a subset of both stakeholders Persons with Disabilities requirements are “satisfied” with Usability Where Usability:
   

Logical structure, succinctly delineated, concisely navigated, crisply executed

Worker’s Rights
 

Workers with Disabilities are Special Principle not yet understood of a Property Interest in our jobs, a constitutional right Poor usability renders the fundamentally competent and earnest, hard working, ambitious (often the most knowledgeable & experienced): ineffective, frustrated, & dependent

Welfare for Customers
  

Customers are rendered dependent Fundamentally Paternalistic Entire Regulated Public is “disabled” when Engaging the Regulatory System Technology can Mediate between the “Naive” User (Customer) & the “Expert” Regulator

V&R vs. Usability
       

Validation & Remediation is Labor intensive Tools are helpful but not “lights out” Domain Expertise is essential Requires Business/Process Owners Workflow/Process efficiency Usability has to be the Objective Workers & Customers alike Benefit Efficiencies yield a huge “profit”

Professional Management

IT needs to employ workflow that demands usability over expedience Not naive, but do you want it right or right now? (PeopleFirst & Aspire) The key to career “success”: only working on 3 year projects for 2 years We know how to professionally manage, just need to be allowed to do it It’s the Key to ROI

Example 1

Visually impaired worker with a grotesquely inefficient application

Example 2

Knowledge management applied to regulatory (licensing) portal

Laws & Standards Addendum

The following 12 slides summarize the major applicable Laws pertaining to Accessibility

Laws & Standards Addendum 1.

The Americans with Disabilities Act
(1990 - see 28 C.F.R. Part 35)

Dept of Justice ruling (9/9/96): ADA accessibility requirements apply to Internet web pages (10
NDLR 240)

Central issues focus on:  Effective Communication and  Public Accommodation.

“Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through telecommunication devices, print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well.” - Department of Justice

Laws & Standards Addendum 2.

Section 504 of the Rehabilitation Act
 

It was the first civil rights legislation in the United States designed to protect individuals with disabilities from discrimination based on their disability status. The nondiscrimination requirements of the law apply to employers and organizations that receive federal financial assistance. This statute was intended to prevent intentional or unintentional discrimination based on a person's disability. The message of this section is concise; Section 504, 29 U.S.C.§794, states:  No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Laws & Standards Addendum 3.

Section 508 of the Rehabilitation Act

This section requires the Federal government to procure electronic and information technology (E&IT) goods and services that are not fully accessible to those with disabilities. Provides the legislative language and standards for the design of accessible electronic information technology. (effective: June 21, 2001) Section 508 is important because:
 

It provides the first federal accessibility standard for the Internet. It provides compliance language that can be automated and monitored at a distance. State governments can be held accountable under the Assistive Technology Act of 1998. Businesses must comply with Section 508 when supplying Electronic and Information Technology goods and services to the federal government.

Laws & Standards Addendum 4.

Assistive Technology Act of 1998

Section 101(e)(3) of the Assistive Technology Act of 1998 (AT Act) requires that States receiving AT Act funds must also comply with Section 508 and the standards. To gain access to this funding, each state must assure the federal government they will implement all conditions of Section 508 within their state entities (including higher education).
WebAim, 2004; ITTATC, 2005

Laws & Standards Addendum 5.

Telecommunications Act of 1996

Section 251 as amended 2000

47 CFR 6.1 – 6.23, & 47 CFR 7.1 – 7.23 Manufacturers and providers of voicemail and interactive menu services and products are reminded of their obligations to take the appropriate measures to ensure that their products and services are accessible to and usable by persons with disabilities.

Laws & Standards Addendum 6.

Telecommunications Act of 1996

Section 255 as amended 2002

This was the first product design law to attempt to drive the market to create accessible products.

36 CFR 1193.37 "Information Pass-Through" requires telecommunications equipment and customer premises equipment to pass through codes, translation protocols, formats or other information necessary to provide telecommunications in an accessible format. 36 CFR 1193.39 "Prohibited Reduction of Accessibility, Usability and Compatibility" and provides that no change shall be undertaken which decreases or has the effect of decreasing the net accessibility, usability, and compatibility of telecommunications equipment or customer premises equipment.

Laws & Standards Addendum 7.

Florida Accessible Electronic & Information Technology Act of 2006
 

 

 

Became law July 1, 2006 Legislation was one of the recommendations of the A-eIT Task Force Creates part III of Section 282, F.S. (HB 1503, SB 2012) Applies to the executive, legislative and judicial branches of state government Tracks Section 508 federal language Requires agencies to use Section 508 1194 standards for procuring, developing, and maintaining A-eIT

Laws & Standards Addendum 8.

Florida Accessible Electronic & Information Technology Act of 2006
 

Requires the Department of Management Services to work with stakeholders to create administrative rules. Provides for undue burden and exemptions similar to Section 508 at the federal level

Undue burden:
 

Follows Section 508 federal standards requiring documentation Requires provision of alternate access to information and data that provides equivalent use Department of Military Affairs and the FL National Guard Criminal Intelligence Activities Contractor EIT acquired incidental to a state contract

Exemptions include:
  

Laws & Standards Addendum 9.

Florida Accessible Electronic & Information Technology Act of 2006
 

Applies to competitive solicitations issued and new systems developed after July 1, 2006 Allows the state to use the body of federal law and related interpretations in regard to the administration of this Act.

Laws & Standards Addendum 10.

Section 508 Accessible Electronic & Information Technology Standards

Subpart B -- Technical Standards
 

   

1194.21 Software applications and operating systems. 1194.22 Web-based intranet and internet information and applications. 16 rules. 1194.23 Telecommunications products. 1194.24 Video and multimedia products. 1194.25 Self contained, closed products. 1194.26 Desktop and portable computers.

Laws & Standards Addendum 11.

Section 508 Accessible Electronic & Information Technology Standards

Subpart C -- Functional Performance Criteria

1194.31 Functional performance criteria.
   

People with visual impairments People who are deaf or hard-of-hearing People with speech impairments People with motor impairments

Laws & Standards Addendum 12.

Section 508 Accessible Electronic & Information Technology Standards

Subpart D -- Information, Documentation, and Support

1194.41 Information, documentation, and support.
 

Product support in alternate formats Descriptions of accessibility and compatibility features in alternate formats Product support services in alternate communications modes