COAT Members Speak at Access Board Hearing to Freshen the Section 508 Refresh

On Wednesday January 11, 2012 the US Access Board held yet another hearing intended to collect further comments in the process to modernize existing Section 508 regulations and guidelines for information and communications technologies. Among the testifiers were Mark Richert of AFB and Jim Tobias of Inclusive Technologies.  A draft rule has been imminent for over four years and the current hearings appear to be an effort to 'freshen the refresh' before these rules become totally dusty and irrelevant. See draft rule here.  Richert expressed our community's impatience with the current Administration's lack of effort to reach a final rule, given the speed of technological change. Similarly, other commenters voiced concern over the timeframe to complete this update, especially in this period of rapid innovation in the marketplace. They urged the Board to explore options for a more timely process to refresh the ICT requirements on a continuing or rolling basis to keep up with the pace of change. Some said that delays in keeping the requirements regularly updated impede industry compliance and hamper the incorporation of accessibility into new products.

Many speakers expressed support for structural changes made by the Board to streamline the rule and simplify requirements. They also endorsed the incorporation of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) by direct reference to eliminate redundancy and promote greater harmonization. Some called attention to specific sections of the draft that should be clarified as a result of the rule's reorganization or the replacement of requirements with the WCAG reference.

Participants urged the Board to revise the rule to cover certain technologies or barriers to access. These recommendations addressed self-service machines and kiosks, which are becoming more prevalent, the growing market of gesture-based interfaces, such as touch screens, the emerging trend in digital or biometric identification as an alternative to password protection, hand held devices and access for people with limited dexterity, refreshable braille, and access for people with cognitive disabilities. In addition, recommendations were made to improve coverage of products with closed functionality, communication device software, web authoring tools, and technologies involving multiple languages, such as those used in foreign language instruction or translation.

Some speakers called attention to failures in the implementation of section 508 resulting in access issues for members of the public and federal employees with disabilities. Comments pointed to the importance of supplementary technical assistance materials, including answers to frequently asked questions, to improve implementation and compliance. It was also recommended that efforts be made to make the functional performance criteria of the rule testable to help validate compliance.

Another Public Hearing on the Draft ICT Rule is set for March 1, 1-3:00 pm at the 27th Annual CSUN conference in San Diego, CA.  Advocates with disabilities are specifically invited to make comments and should contact Kathy Johnson via Email to speak at the CSUN hearing on this rulemaking.  Ms. Johnson can also be reached via Tel 202- 272-0041 or TTY 202-272-0065 (TTY). Written statements for the new cycle of comments must be submitted by March 7, 2012.