Library: Policy

OKDHS:2-40-70. Purpose, scope, and definitions of electronic and information technology (IT) accessibility

Issued 9-1-11

(a) Purpose. Part 7 of Subchapter 40 addresses Oklahoma Department of Human Services (OKDHS) compliance with Section 34.28 through 34.30 of Title 62 of the Oklahoma Statutes and Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 requiring electronic and IT accessibility and related IT accessibility standards. OKDHS ensures:

(1) compliance with the provisions of the Oklahoma Information Technology Accessibility (OITA) standards; and
(2) comparable access to and use of IT by individuals with disabilities as those without disabilities when procuring, developing, maintaining, using IT, or when administering contracts or grants including the procurement, development, upgrade, or replacement of IT.

(b) Scope.

(1) This section applies to all IT procured, developed, substantially modified or enhanced after the OITA standards September 1, 2005 effective date.
(2) OKDHS accessibility subject matter experts designated by the OKDHS Chief Information Officer (CIO) are responsible for assessing and validating the accessibility compliance of web applications, content, documents, and IT procurement.
(3) Compliance standards have been developed for specific technologies, including:
- (A) software applications and operating systems;
- (B) web-based information or applications;
- (C) telecommunication products;
- (D) video and multimedia products;
- (E) desktop and portable computers; and
- (F) information, documentation, and support.

(c) Definitions. The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:

(1) "Accessibility" means IT allowing employees, program participants, and the general public with disabilities access to and use of information and data comparable to the access and use by individuals without disabilities in compliance with OITA standards.
(2) "Accessibility assessment" means the process by which a product is reviewed for compliance with OITA standards prior to procurement, usage, or deployment.
(3) "Accessibility assessor" means the IT subject matter expert designated by the CIO responsible for conducting an accessibility assessment.
(4) "Accessibility compliance representative" means an individual or individuals designated by the OKDHS Director per Oklahoma Administrative Code (OAC) 260:15-1-5 et. seq.
(5) "Accessibility validator" means the IT subject matter expert designated by the CIO responsible for conducting the validation process.
(6) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified or customized, used to increase, maintain, or improve functional capabilities of individuals with disabilities.
(7) "Commercially available off-the-shelf (COTS)" means a non-developmental item (NDI) of supply that is both commercial and sold in substantial quantities in the commercial marketplace, and may be procured or utilized under government contract in the same precise form as available to the general public. COTS:
- (A) include information technology related items such as computer software, hardware systems, or free software with commercial support;
- (B) procurements are alternatives to in-house developments or one-off government-funded developments; and
- C) typically require configuration tailored for specific uses.
(8) "Conditional approval" means signed authorization allowing OKDHS to deploy, publish, or use partially-accessible or non-accessible IT that OKDHS purchased, proposed to purchase, or developed with the understanding that the IT is accessible by an agreed-upon date. Conditional approval is generally granted when non-accessibility is minimal or compliance is achievable at minimal cost and the need for deployment or use is greater than the consequence of the temporary noncompliance. Unless extended for good cause, use of IT halts upon failure to make accessible by agreed-upon-date.
(9) "Configured" means features and functionality are limited by parameters included in the product, but does not change the underlying code of the solution such as Microsoft Word.
(10) "Customized" means features and functionality of the product are enhanced with development by reworking the code such as KIDS.
(11) "Equivalent facilitation" means OKDHS may accept IT offered by vendors that use designs or technologies not meeting the applicable technical provisions, but providing substantially equivalent or greater access to and use of a product for individuals with disabilities.
(12) "Exception" means one of seven specific exceptions to OITA standards per OAC 580:16-7-56(c) and OKDHS:2-40-71(e)(1).
(13) "Information technology (IT)" means any electronic information equipment or interconnected system used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information including audio, graphic, and text.
(14) "Oklahoma Information Technology Accessibility (OITA) standards" means the accessibility standards required by Sections 34.28 through 34.30 of Title 62 of the Oklahoma Statutes and adopted by the Oklahoma Department of Central Services, per OAC 580:16, and the Oklahoma Office of State Finance, per OAC 260:15.
(15) "Requesting individual" means an individual within a division of OKDHS responsible for initiating IT requests or purchases. Any division may request and receive assistance in acquiring IT from CIO-designated subject matter experts.
(16) "Self-contained product" means IT that generally has imbedded software and is commonly designed so that a user could not easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, fax machines, voting machines, and other similar product types.
(17) "Substantially modified or substantially enhanced" means changes to an application or document that:
- (A) significantly change the display of content or user features;
- (B) bring about significant alteration in the structure or appearance of the application or document; or
- (C) add new functionality or remove or change key functionality that may significantly impact a user experience to the point each item individually or collectively may constitute a substantial modification or substantial enhancement.
(18) "Undue burden" means significant difficulty or expense including, but not limited to, difficulty or expense associated with technical feasibility. [62 O.S. § 41.5t.1]
(19) "Validation" means review of the assessment findings and sample verification of compliance with OITA standards.
(20) "Voluntary product accessibility template (VPAT)" means a tool to assist in making preliminary assessments regarding the availability level of electronic and IT products and services with features supporting accessibility.