Implementing Accessibility Strategically

1. Jeff Kline Accessibility Author and Consultant / Texas Statewide EIR Accessibility Coordinator Note: Refer to speaker notes if you have problems viewing presentation slides Implementing Accessibility Strategically

2. Overview 2

3. Accessibility is about all of us Disabilities are no longer confined to traditional definitions, especially with the growing need to embrace aging workforces and citizens. Nonnative language speakers & low literacy Temporary disabilities People with Disabilities Aging Everyday situations disable certain senses temporarily Globalization is driving many people to communicate in nonnative languages By 2025 nearly 20% of the industrialized nations’ population will be over 65 16% of world population is disabled*

4. New and Evolving Regulations, Standards, and Guidelines Drive Accessibility Requirements Around the World. International Standards Australia Canada Denmark Finland France Germany Hong Kong India Ireland Israel Italy Japan New Zealand Portugal Spain Switzerland United Kingdom United States of America … EU Mandate UN Convention on Rights of PwD’s WCAG 2.0 (now also ISO / IEC DIS 40500) 9241-171 • United States Federal Laws • Section 504 of the 1973 Rehabilitation Act • Prohibits organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. • Section 508 of the 1973 Rehabilitation Act (Amended in 1998) Refresh Pending • Applies accessibility standards to procurement and development of electronic and information technologies by federal government agencies. • Americans with Disabilities Act (ADA) of 1990 • National mandate to eliminate discrimination against people with disabilities. • Pending DOJ ADA Title II and III Revisions • Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations. • www.ADA.gov

5. State Accessibility Laws • At least 22 states have explicit statutes or executive orders. • At least 30 states have accessibility policies. • Reference to technical standards varies • Section 508, WCAG1.0, WCAG2.0, self developed Texas statutes and rules • Apply to all Texas state agencies and institutions of higher education • Texas Government Code • 2054 Subchapter M • Texas Administrative Codes • 1 TAC 206: State Websites • 1 TAC 213: Electronic & Information Resources

6. ICT Accessibility Adoption is Slow “Technical enablement” challenges • Accessible technologies gap • Accessibility not considered in new, mainstream technology creation • Approached tactically • Project by project • Post development remediation

7. Challenges Beyond Technical Enablement • Regulations not being enforced to the extent needed • Lack of awareness of requirements • Awareness of the requirement but deemed “unnecessary” or optional • Awareness of the requirement too late to be addressed • Lack of technical skills or training programs • No knowledge transfer from previous or other projects in an organization • No organizational policies or objectives related to ICT accessibility • No one responsible or accountable for accessibility

8. Scenario: Online Recruiting Corporation X had just completed the procurement and deployment of a large new web application for recruiting new employees and managing job candidates. Company A Software developed the product. Both Company A and Corporation X’s studies indicated that this system would offer significant advantages in cost savings, productivity, and candidate quality over the previous, mostly manual processes. • A highly qualified applicant, Cynthia, attempts to search for and apply for jobs on their website, but she is blind and the new website is not accessible. • Cynthia tries to contact Corporation X by sending an email to the main email address. She identifies herself as blind and requests help searching and applying. After a week or so, it found its way to the recruiters. • A few days later, a representative of Corporation X contacts Cynthia and tells her that someone would get back to her “soon” to take her application by phone. • After several weeks, nothing. Cynthia is very frustrated and shares her issue on a popular, large internet forum for the blind, and her discussion thread attracts a lot of attention. During that time, the jobs she was qualified for were closed and the positions filled. • An attorney from a well-known advocacy group, active on the blind forum, contacts her about her problem and commits to contact Corporation X regarding the accessibility of their website and its impacts. • After several months of back and forth discussions and negotiations, the attorney concludes that Corporation X is stiff-arming him, so the advocacy group files a class-action lawsuit alleging discrimination under the ADA. Corporation X then sues Company A for selling them an inaccessible product. Prior to this event, accessibility was not on Corporation X or Company A radar. Corporation X had never asked about accessibility during procurement process, and Company A never considered accessibility requirements when it developed the application.

9. What Areas of an Organization May Be Affected by ICT Accessibility? (a non-exhaustive list) • Internet site and applications development • Intranet site and applications development • Procurement • Legal / civil rights • Executive management • Internal / external communications / PR • Department / class required IT • HR (employees) • Learning tools (hw/sw) • System admin user interfaces • Student services • Business controls / compliance office • Etc.

10. The Case for IT Accessibility Competitive advantage • Ability to compete and win in markets, sectors and solicitations where accessibility is a requirement – a differentiator • Increased market share – Raku phone • SEO benefits • Socially responsible • Direct and indirect workforce benefits Risk Mitigation • Bid losses • External / internal litigation - ADA violations • HR issues – Hiring, retention and employment practices, etc. • Negative PR

11. The Case for IT Accessibility: Example Fujitsu Raku-Raku Cell Phone • Developed by Fujitsu for the Japanese market. • Requirements of People with disabilities included in design specifications • Features and functions benefit all users, including those with age-related and other disabilities. • Large screens with the ability to display large letters • One-touch calling and programmable buttons • A “text-to-speech” function for mail and websites • A “speech-to-text” device for composing mail • An integrated text-to-speech player for books and the like • Result: • More than 80 percent of Japan’s visually impaired use the Raku-Rakuphone • Over 20 million Raku-Raku phones were sold between 1999 and June 2009.

12. Accessibility-related Litigation & Legal Inquiries in the U.S. The Royal National Institute of Blind People (RNIB) entered legal proceedings against airline for failing to make its website accessible to the blind / partially-sighted. Sued by NFB & ACB for use of Kindle DX for ebooks; complaints also filed with US DoE and DoJ on Case Western Reserve, University of Virginia, Pace University, Princeton University, and Reed College. Settled. Will pay up to $16 million to compensate individuals who experienced discrimination in violation of Title III of the Americans with Disabilities Act (ADA) Sued by NFB for inaccessible website. Settlement of $6M not including legal expenses, site remediation, and other incidentals. Major tech company and State of TX sued by NFB – Software is inaccessible to blind State of TX employees. PMI (US-based organization) sued in UK due to inaccessible training application. Sued by DoJ for ADA violations. Settlement terms: must provide accommodations for deaf and hard of hearing students. Fined by State of N.Y. for special pricing available only on inaccessible websites. Sued by NFB and state employees because web applications wereinaccessible to the blind. Settled. Sued by individuals. Inaccessible online services included in ruling.

13. ICT Accessibility is a Complex Topic • Many moving parts = many challenges • Technical • Organizational • Legal • Cultural • Touches many areas of an organization in different ways “Organizational Enablement” is required to effectively and successfully address the complexities of ICT accessibility within an organization.

14. The Journey 14

15. Getting organized 15

16. Getting Started Start at the top: Obtain executive buy-in • Create an executive presentation or “sell” package • Clearly articulate the importance and need for an accessibility program • Business advantages and risk mitigation • The state of IT accessibility within the organization if known (if not known, that can be a risk in itself) • Examples of adverse impacts • A clearly defined set of accessibility program objectives • Recommended next steps • Gain the commitment of top executives in the form of resources (human and financial) • Obtain an executive sponsor or “champion” to oversee and guide the program

17. Getting Started (cont.) Develop an ICT accessibility policy • Foundation on which other aspects of IT accessibility are built • Create a team of SMEs to develop the policy • Should not be voluminous or contain technical specs • Leverage similar, existing policies • The “big stick” Core Team for Accessibility Policy Development Stakeholders HR Legal Procurement Development CIO Unit Execs Marketing Other Review / Concurrence

18. 2nd level subunit accessibility focal point 2nd level subunit accessibility focal point Subunit accessibility focal point Centralized Accessibility Centralized Accessibility Centralized Accessibility Program 2nd level subunit accessibility focal point Subunit accessibility focal point 2nd level subunit accessibility focal point Subunit accessibility focal point 2nd level subunit accessibility focal point Organizing Accessibility • Senior manager “executive sponsor” • Centralized accessibility function • Policy and governance • Technical consulting • Business development / sales support • Project office • Other? • Sub-Unit focal points / coordinators • Loosely connected (dotted line) Centralized accessibility program

19. Neutral Organizational Placement for Centralized Accessibility Program • Considerations • Is it positioned to reach across the enterprise? • Will it have the clout to be effective in driving transformation and policy? • Can it maintain its ability to perform without being subjected to the parochial interests of the organization in which it resides? • Will it get the care and attention needed over time? Sample Neutral Placement Analysis

20. Program Costs Determining Factors • Speed and trajectory of the IT accessibility initiative driven by • Urgency based on business or other requirements • Budget considerations • Startup and ongoing costs

21. Designate ICT Accessibility Focal Points/ Coordinator(s) in Sub Units: Example Key Roles / Responsibilities* • *Assumed to be a full-time position in a Texas state agency or IHE. If the coordinator has additional job roles / responsibilities, the list above should be carefully prioritized based on needs of the agency. 21

22. Develop a Strategy Key elements of an organization’s ICT accessibility strategy • Rationale and goals of the program • Linkage to the organization’s IT accessibility policy, relevant standards, regulations, etc. • Definitions of high-level organizational and governance models • Funding, budget, and other financial considerations • A strategic framework for developing operational work plans • Assumptions, dependencies, and risks

23. Implementation 23

24. Accessibility Program Framework A tool to plan, organize, and guide the journey • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training 24

25. Accessibility Program Framework: Plan Strategically • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training • Obtain initiative support of organization executive team • Develop long term organization goals • Integrate into or develop processes to ensure consistency over time • Select appropriate IT technologies / suppliers • Effectively manage the IT accessibility exception process • Maintain flexibility to adapt to criteria changes (508 refresh, WCAG 2.0, etc) • Charter a workgroup with representation from key areas of the organization 25

26. Accessibility Program Framework Template Extends to action plan development and work breakdown structures • Obtain initiative support of organization executive team • Develop long term organization goals • Integrate into or develop processes to ensure consistency over time • Select appropriate IT technologies / suppliers • Effectively manage the IT accessibility exception process • Maintain flexibility to adapt to criteria changes (508 refresh, WCAG 2.0, etc) • Charter a workgroup with representation from key areas of the organization Organization Work Plan 26

27. Accessibility Program Framework: Automate • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training • Provide developers tools to facilitate and remediate accessibility compliance • Integrate accessibility into content management systems / processes • Utilize standardized accessible templates (CSS, etc) • Ensure browser neutral accessibility • Utilize organization wide web scanning tools for issue identification / resolution 27

28. Accessibility Program Framework: Validate • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training • Test internally developed pages and applications • Test externally hosted services • Test Published documents / information • Perform analysis of vendor VPATs and test vendor solutions to validate • Develop or integrate corrective actions process management / tools 28

29. Accessibility Program Framework: Grow • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training • Evangelize accessibility throughout organization / IT supplier community • Build / maintain organization’s technical capacity with SME’s • Identify skill gaps, and resolve via and training staffing plans 29

30. Accessibility Program Framework: Measure • Measure and track progress Plan Strategically • Automate for productivity and quality • Validate thoroughly, early, and often • Grow awareness and provide education / training • Develop goal appropriate metrics, and reporting tools / methods • Communicate and utilize results to drive initiative trajectory • Maintain processes and results for “audit readiness” posture 30

31. An IT Accessibility Framework Template Organization Work Plan 31

32. Prioritize the Work Effort Priority classification hierarchy* example Externally facing: Internet and internet applications, kiosks, etc. Internal use: Intranet and intranet applications, desktop apps, copy machines, telecommunications, etc. *Priority classification assumptions 1. New applications under development, being updated, or being procured should receive priority within the priority class

33. No No Yes Integrate ICT Accessibility into Key Business Processes: Procurement Example From org. ICT need to accessibility process flow Step 1 Determine type of EIR accessibility procurement (Apply accessibility clause usage guidelines) Plan Strategically • Accessibility compliance not required • No Accessibility procurement clause required Yes Step 2 Develop the specs, scope of work, and Ts / Cs • Include accessibility compliance criteria • Acquire and review potential supplier VPATs (Voluntary Product Accessibility Templates) • Determine accurate accessibility compliance status to criteria Step 3 Perform market research on the accessibility status of available products • Consider the relative importance of accessibility compliance in the context of the procured product/service • Include VPAT documentation request Step 4 Include accessibility requirements in solicitation document Step 5 Route solicitation for internal review, comments, and approval Step 6 Submit purchase request and initiate solicitation • Review for validity by IT accessibility coordinator or authority delegated to accessibility knowledgeable staff • Test solution for accessibility to validate documentation (VPAT) provided • For noncompliant bid responses • Assess the risk of deploying a noncompliant solution • Make additional request to supplier for accessibility remediation plan (includes planned compliance date) • Identify and recommend best solution for accessibility compliance to program Step 7 Evaluate vendor responses Step 8 Is pending contract winner accessibility compliant? • Initiate accessibility exception process, which includes: • Obtain formal accessibility remediation plan from supplier • Planned compliance date • Develop plan for alternative access methods (with supplier) Step 9 Award and implement contract • Receipt • Installation • Final accessibility validation in own environment (test servers, etc.) • Solution maintenance Step 10 Contract life cycle and maintenance • Include Accessibility in contract oversight process • Perform additional testing for solution upgrades/maintenance (as needed) • Monitor for quality control and/or necessary corrective actions • Monitor contract changes to ensure that IT accessibility compliance is maintained • Review or dispute invoices for noncompliant billings • Reassess accessibility compliance/compliance status /plans prior to contract renewal

34. Plan Strategically Form an Organizational Accessibility Workgroup An organization or interdepartmental multidisciplinary team representing stakeholder areas of the organization that require or may be affected by ICT accessibility • Facilitates progress in ICT accessibility across the organization • Identifies inhibitors and works to resolve them as a team • Sponsors or leads ICT Accessibility workgroup and subgroup efforts • Reports progress and issues to senior leadership • Solicits support of management and others as needed

35. Stakeholder Areas to Consider for an Accessibility Collaborative Workgroup (a non-exhaustive list) • HR • Legal / Civil Rights • Learning • Project management • Business controls / compliance office • Medical / occupational health • Other?? • Internet site owners • Intranet site owners • Application / web development • Procurement • Internal IT • Communications • ICT Accessibility coordinator should identify an executive “champion” to • Provide assistance in communicating thru the chain of command • Clearing roadblocks and adjudicating issues

36. Share Team Activity / Results with Executives on a Regular Basis • Written reports or presentations • Accomplishments / issues • Work proposal communications • Obtain support / approval • Request executive actions • Deliver action recommendations, not just problem statements

37. Grow awareness and provide education / training Identify Skill Gaps and Build “Role Based” Accessibility Training Plans 37 * As needed based on assignment.

38. Measure and Track • Progress Set Short and Long Term Accessibility Goals: Example 38

39. Reporting Organization’s Accessibility Status • Keeps accessibility squarely on the radar of the executives • Shows organization progress being made (hopefully!) • Identifies problems / issues requiring more focus or executive support • Confirms that current focus areas match executive priority expectations • Motivates stakeholders to maintain momentum

40. ICT Accessibility Reporting Approaches • Executive meetings / presentations (preferred) • Ensures that the information is being conveyed • Gives the opportunity to interact with executive(s) • Questions can be directly responded to • May result in to do’s received 1st hand • Helps maintain a high profile for ICT accessibility • Slide deck becomes a progress record • Written reports • Keeps progress documented • Does not allow for interaction • May or may not or be read • Better suited for a for single topic

41. ICT Accessibility Reporting: Audience and Frequency • Invitees • CIO • CTO • Executive invitees • Your manager and his/her invitees • Other stakeholders as appropriate • Find the appropriate reporting interval • Interval should make sense relative to seeing work progress • Monthly, quarterly, etc.

42. ICT Accessibility Reporting: What to Include • Results against defined accessibility metrics established by the organization • Data – web errors corrected, exceptions filed, # of applications tested, # of people trained, web scanning results, etc. • Accomplishments since the last meeting • Status of any key projects • Team activities (if there are teams) • Specific topics of interest that they should be aware of • Internal / external information that you feel execs should be aware of (market or standards information, other items of interest) • Challenges / issues where their support may be needed • Next steps – a look ahead a upcoming or completing activities

43. Putting it All Together • Set organization expectation levels • Multi-year initiative • Dynamic, with course and trajectory adjustments as needed • Ensure accessibility policies and objectives are defined • Assess business needs and make accessibility investments • Prioritize the accessibility work • Develop strategy and plans using an Accessibility Framework • Form a collaborative team(s) • Identify accessibility skill gaps and develop training plans • Develop short / long term goals and measure to them • Stay on the executive radar • Execute!

44. Thank youjeffREY.l.kline@gmail.comstrategicaccessibility.com 44