A11y throughout Procurement Journey: Ensuring Accessibility in Purchasing

1. A Look at A11y during the Procurement Journey Amanda Calvert Heidi Pettyjohn June 5, 2019

2. Why Procurement? Legal Requirement Section 504 Rehabilitation Act "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance”

3. Why Procurement? (2) Legal Requirement Americans with Disabilities Act • Applies to employees, students, guests and visitors • Requires accommodations and access  • Case law and DOJ repeatedly uphold that the ADA applies to electronic environments 

4. How do we know this applies? Section 508 of the Rehabilitation Act of 1973 In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. The law (29 U.S.C § 794 (d)) applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. https://www.section508.gov/manage/laws-and-policies

5. Dear Colleague Letter - 2010 Requiring use of an emerging technology in a classroom environment when the technology is inaccessible to an entire population of individuals with disabilities—e.g., individuals with visual disabilities—is discrimination prohibited by Title II and Section 504 unless those individuals are provided accommodations or modifications that permit them to receive all of the educational benefits provided by the technology in an equally effective and equally integrated manner.  Specifically . . . the educational institution must ensure that students with disabilities can access the educational opportunity and benefit with “substantially equivalent ease of use” as students without disabilities

6. Dear Colleague Letter – 2011 - FAQ An accommodation or modification that is available only at certain times (such as an aide to read to the student) will not be considered “equally effective and equally integrated” where other students have access to the same information at any time and any location, as is the case with a website or other online content. The May 2011 DCL states that online programs are also covered and stresses the importance of planning to ensure accessibility from the outset.

7. DOE OCR Case No. 15-13-6001, Dec. 2014 A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements: • (i) Deny a qualified person with a disability the opportunity to participate in or benefit from the aid, benefit, or service • (ii) Afford a qualified person with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others • (iii) Provide a qualified person with a disability with an aid, benefit, or service that is not as effective as that provided to others • (iv) Provide different or separate aid, benefits, or services to persons or to any class of persons with disabilities unless such action is necessary to provide qualified persons with disabilities with aid, benefits, or services that are as effective as those provided to others; **** • (vii) Otherwise limit a qualified person with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

8. Case 15-13-6001 Resolution Agreement Creation of a procedure to ensure that EIT and information obtained through EIT provided or developed by third parties is accessible. This procedure should direct administrators and staff to ensure that any University acquisition or use of EIT and third-party websites, services, or products will provide equal opportunity to the educational benefits and opportunities afforded by the technology and equal treatment in the use of such technology

9. Beyond Compliance Ensuring access does more than keep us out of the news and the courts • Student experience and success • Visibility can lead to awareness and efficiencies • It’s the right thing to do!

10. Terms to know • A11y • VPAT • Accessibility Test • Access Plan • Equally Effective Alternate Access Plan

11. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal Pain point Awareness Research Criteria Requirements Build Pilot/Test Go Live Add-ons Negations Budget Approval Comparisons Product Demos Quotes Business Plan Budget Approval RFP Selection Purchase Buyer’s Journey

12. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal Budget Approval RFP Selection Purchase Buyer’s Journey

13. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal • Include a11y language in RFP, contract, etc. • Request VPAT • Request IT VPAT review and a11y test Accessibility in a Buyer’s Journey

14. Buyer’s process Include a11y language in RFP Request a VPAT from vendor Submit an a11y review request Provide required access for product ally testing Receive feedback

15. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan

16. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan • Volume • Audience/Purpose • LifeSpan

17. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan

18. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan • Buyer requests from vendor • Buyer submits A11y review request • A11y network reviews

19. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan • Automated Scans • Manual Tests • Recommendation

20. Behind the Curtain Risk Assessment VPAT Review Accessibility Testing Access Plan • Vendor roadmap • Equally Effective Alternate Access Plan

21. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal Pain point Awareness Research Criteria Requirements Build Pilot/Test Go Live Add-ons Negations Budget Approval Comparisons Product Demos Quotes Business Plan Budget Approval RFP Selection Purchase Buyer’s Journey

22. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal Request VPAT Request IT a11y review and test • Include a11y language in RFP, contract, etc. • Request VPAT • Request IT VPAT review and a11y test Accessibility in a Buyer’s Journey

23. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal • Include a11y in requirements and customizations • Training Request VPAT Request IT a11y review and test • Include a11y language in RFP, contract, etc. • Request VPAT • Request IT VPAT review and a11y test Accessibility in a Buyer’s Journey

24. Accessibility in Purchasing Discovery Consideration Decision Implementation Renewal Understand potential barriers Make a11y a criterion • Include a11y in requirements and customizations • Training and accommodations plan for known barriers. Request updated VPAT Request IT a11y review and test Ask about accessibility Request a VPAT • Include a11y language in RFP, contract, etc. • Request IT VPAT review and a11y test Accessibility in a Buyer’s Journey

25. On our radar… Decentralized/distributed purchasing Timing Resources Industry standard technology Management of Enterprise solutions

26. What can you do today? • Ask about a11y of your current products • Share list of current technologies • Make a11y part of your complete buyer’s journey • Spread the word!

27. Putting A11y in Your Hands Robust resources Centralized database New testing automation tool Comprehensive processes

28. Resources The Accessibility Network at UC websitehttps://www.uc.edu/about/ucit/about/accessibility.html Central Purchasing websitehttps://www.uc.edu/af/purchasing/departments.html