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FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT POLICY
Accessibility Standards for Electronic and Information Technology - Section 508
Electronic and information technologies (EIT) are a significant means by which Foothill – De
Anza College District provides information to students, faculty, staff and other constituents. The
need to ensure accessibility to all members of the campus community becomes critical as more
administrative services and learning environments are based on EIT. It is also a part of the
district’s ongoing commitment to establishing a barrier free learning community, or universal
access, to all students.
Individuals with disabilities are guaranteed access to educational institutions and systems of
communication under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of
1990. Amendments to Section 508 of the Rehabilitation Act clarify accessibility requirements
for EIT developed, procured, maintained, or used by federal agencies. Furthermore, California
Government Code Section 11135 states the following:
(2) In order to improve accessibility of existing technology, and therefore increase the
successful employment of individuals with disabilities, particularly blind and visually
impaired and deaf and hard-of-hearing persons, state governmental entities, in
developing, procuring, maintaining, or using electronic or information technology, either
indirectly or through the use of state funds by other entities, shall comply with the
accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of
Title 36 of the Federal Code of Regulations
(3) Any entity that contracts with a state or local entity subject to this section for the
provision of electronic or information technology or for the provision of related services
shall agree to respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
As mandated by federal and state laws and the California Community Colleges Chancellor’s
Office it is necessary that Foothill – De Anza Community College District comply with Section
508 Standards to ensure accessibility to EIT for individuals with disabilities. The Board directs
the Chancellor or designee to enforce compliance with the accessibility requirements of Section
508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and its implementing
regulations set forth at Title 36 CFR Part 1194
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Administrative Procedures Regarding Accessibility Standards for EIT
When developing, procuring, maintaining, or using Electronic and Information Technology
(EIT), the district shall ensure that those products comply with these standards, unless an undue
burden would be imposed on the district where undue burden is defined as a significant difficulty
or expense. Where an undue burden is claimed, it will still be necessary to provide the
information in a timely manner and in an alternate format suitable for the individual with a
disability. Contracting Officers must also pursue effective acquisition strategies for acquiring
EIT that meet the applicable standards.
Successful implementation of Section 508 requires the support of each employee who is
involved in the design, development, procurement, or use of (EIT). Acquisition of electronic and
information technology (EIT) that meets the standards is the shared responsibility of
administrators and requestors. Administrators, in consultation with EIT requestors, shall be
responsible for performing the following to ensure compliance: 1. Perform market research to
determine availability of compliant products. 2. Document which standards, if any, would not
apply in this procurement because of, for example, nonavailability or undue burden.
1. Perform market research to determine availability of compliant products.
The technical standards of Section 508 provide criteria specific to the following technologies:
Software Applications and Operating Systems (1194.21)
Web-based Intranet and Internet Information and Applications (1194.22)
Telecommunications Products (1194.23)
Video and Multimedia Products (1194.24)
Self Contained, Closed Products (1194.25)
Desktop and Portable Computers (1194.26)
Functional Performance Criteria (1194.31)
The Voluntary Product Accessibility Template (VPAT) is an informational tool developed by
industry and government to help facilitate the market research responsibilities under Section 508.
The VPAT consists of a template containing the applicable standards sections from those listed
above and how the product or service either meets or does not meet those standards. After
vendors complete a VPAT on their products and post the information on their corporate web
sites, they can submit the URL for those pages to the Section 508 website. The “Buy
Accessible” section (http://www.section508.gov/buy_accessible/main.cfm), contains a
searchable database of current VPAT documents.
If the product is not currently listed there or the vendor does not provide their own VPAT, it may
be necessary to perform independent research or consult with a specialist who has knowledge of
the product in question. Use the VPAT Checklist (http://www.itic.org/policy/vpat.html) to help
determine if your product meets the standards. You may need to refer to the Section 508 Guide
(http://www.access-board.gov/sec508/guide/) for explanations and examples of the standards.
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2. Document which standards, if any, would not apply in this procurement because of
nonavailability or undue burden.
You may conclude that EIT meeting the applicable technical provisions of the standards is not
available (and purchase EIT that does not meet those provisions) when you cannot find a
commercial item that both meets applicable technical provisions and can be furnished in time to
satisfy the requirements. If you are able to identify only partially conforming products and
services, you must purchase the most conforming product or service that meets your needs.
If the requestor determines that compliance imposes an undue burden, the requestor must then
explain why, and to what extent, compliance creates an undue burden. The administrator must
prepare an “EIT Undue Burden Determination and Certification" if he determines that
commercial EIT is available that meets both applicable Access Board’s technical provisions and
the agency's minimum needs, but that acquisition of this EIT would impose a significant
difficulty or expense on the program or component for which the EIT is being acquired. This
information would be submitted with the purchase request by completing the questionnaire
below:
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EIT Undue Burden Determination and Certification
What were your findings regarding the non-availability of compliant commercial items? What
technical provisions of Section 508 that are applicable to your needed product(s) and/or
service(s) will not be met by each product to be acquired?
What was the methodology or process by which you ascertained the non-availability of
compliant commercial items?
What sources did you use to investigate the availability of compliant commercial items? (e.g.,
other agencies; contacts with industry trade associations; accessible product organizations such
as GSA’s Center for IT Accommodation; Internet market research; industry consultation;
I have determined and hereby certify that the product(s) that I require to have procured is not
now available in a compliant version in the commercial marketplace, nor expected to become
available in a compliant version in time to satisfy agency delivery requirements.
Signature ______________________Printed Name ____________________________________
Date __________________________Phone Number ___________________________________
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