Electronic Information Resources

The Texas Department of Information Resources (DIR) has adopted rules that govern how Texas institutions of higher education (IHEs) must develop, procure, maintain, and use electronic and information resources (EIR) to make them accessible to people with disabilities. These rules are found in Title 1, Chapter 206, Rule §206.70 and Title 1, Chapter 213 of the Texas Administrative Code.

The Web Content Accessibility Guidelines (WCAG) 2.1, Level AA are the technical standard for EIR, including web content, e-learning, multimedia, electronic documents, and mobile apps.

When purchasing EIR, UT Austin employees and purchasing agents must consider accessibility as a factor. Vendors must submit accessibility-related documentation for each product, including an Accessibility Conformance Report (ACR) or a Voluntary Product Accessibility Template (VPAT). These documents demonstrate whether the product meets WCAG 2.1 Level AA standards. A VPAT is a form that documents the EIR's compliance with accessibility standards.

VPAT templates are available from the Information Technology Industry Council. There are four different editions of the VPAT, based on different accessibility standards. Since UT Austin EIR must meet WCAG 2.1 Level AA, the WCAG edition is the most appropriate. Vendors must complete the VPAT truthfully and accurately to represent the overall accessibility of their product. If the vendor lacks in-house expertise, they should hire a third-party accessibility consultant.

Research the accessibility of a product or service before taking steps to purchase it. By following these steps, you can help ensure that the EIR procured by UT Austin is accessible to all users.

• Obtain a vendor's VPAT by searching for the VPAT on the vendor's website.
• If the VPAT is not available online then you should request a VPAT from the vendor.
• If the vendor does not have a VPAT readily available then provide a blank VPAT (WCAG version) for the company to complete. 
• If a vendor has never heard of a VPAT, the EIR is likely not accessible.
• Avoid vendors that cannot or will not produce a VPAT.
• Compare the VPATs of several different products or services and choose the most accessible EIR that best meets the business needs of UT Austin.   
• Have conversations with vendors about the accessibility of their product(s).
• Ask the vendor how they test for accessibility.
• A VPAT that indicates "supports" for all criteria without much explanation should raise a red flag.
• A VPAT that indicates "does not support" for all criteria indicates the EIR was not developed with accessibility in mind.

All vendors must agree to an EIR Accessibility Warranty in the contract addendum. This warranty states that the vendor meets Texas Administrative Code 206 and 213 rules and will maintain accessibility as the product is updated. If vendors refuse to agree to this warranty or suggest alternative language, the department should contact the EIR Accessibility Coordinator.

UT System has developed guidance for all University of Texas System Institutions as it relates to procuring or developing EIR intended for use by students, employees, and visitors. UT affiliates can review System guidance by visiting the UT System Policy Library.

• UT System Procurement Guidance: OGC Bulletin 2006-1, “Access by Persons with Disabilities to Electronic and Information Resources Procured by The University of Texas System Administration and The University of Texas System Institutions” (requires EID Authentication to view)
• UT System Development Guidance: OGC Bulletin 2009-1, “Access by Persons with Disabilities to Electronic and Information Resources Developed by The University of Texas System Administration and The University of Texas System Institutions” (requires EID Authentication to view)

If a department wants to buy a product from a vendor who refuses the EIR Accessibility Warranty or suggests changes to it, please do the following:

1. Contact the EIR Accessibility Coordinator at ada@austin.utexas.edu.
2. Send a copy of the Vendor’s VPAT and explain the situation: 
   • Vendor refuses the EIR warranty altogether.
   • OR Vendor proposes alternative warranty language.

For Alternative Warranty Language

The EIR Accessibility Coordinator will review the proposed language to see if it meets accessibility standards. If sufficient, the purchase can proceed.

If No Warranty or Insufficient Alternative Warranty Language

If the vendor won't agree to the EIR warranty or alternative language, you can try asking for an exception to the accessibility rules. To do this, submit a request to the EIR Accessibility Coordinator. Keep in mind that this doesn't guarantee approval. Your request will be carefully reviewed, and a decision will be made based on the information you provide.

After you submit your request, we'll send you the exception form to sign electronically (DocuSign). It should arrive in your email within 1-2 business days. You'll need to fill out Part A of the exception form completely, including signatures. Pay special attention to the justification and alternative access sections.

Exceptions are generally approved for the length of the contract term with the understanding that there needs to be evidence of accessibility improvements prior to any contract renewal. Approved exceptions do not eliminate the EIR owner’s responsibility to provide access to the EIR by an alternate method or in an alternate format. Even if an exception is granted, this does not prevent a person with disabilities from filing a lawsuit against the university due to an inaccessible EIR.

A request for an exception to the EIR Accessibility Warranty requirement is infeasible when:

• The EIR will be used campus-wide (e.g., Workday, Outlook).
• The EIR will be used by a large number of campus affiliates in a CSU or by members of the public (e.g., utexas.edu websites, Zoom).
• Product is a requirement of academic and administrative procedures (e.g., Canvas).
• Usage of the product will directly impact a specific program and /or service on campus (e.g., Quest).
• There is high exposure to products on campus (e.g., Duo).

Third-party consultants will look at your EIR through a lens of accessibility and compliance which makes them more apt to identify issues and opportunities to improve high-priority problems and eliminate barriers to usability. They are also more likely to be up to date on the latest solutions and are versed in implementing them. Locally, there are two accessibility consulting groups UT Austin has partnered with on large-scale EIR concerns:

• Micro Assist
• Knowbility

• Accessibility: Refers to the ability of individuals with disabilities to access and use products and systems.
• Accessibility Conformance Report (ACR): A document that explains how information and communication technology products such as software, hardware, electronic content, and support documentation conform to accessibility technical standards.
• Assistive Technologies: Technologies and devices that increase, maintain, or improve the ability of individuals with disabilities to use computers and computer-based systems. Examples include a head or foot mouse, speech recognition software, and screen-reading software.
• DIR Accessibility Rules: Rules issued by the Texas Department of Information Resources (DIR) regarding the development, procurement, maintenance, and use of EIR by institutions of higher education and set forth in Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code and in Title 1, Chapter 213 of the Texas Administrative Code.
• Electronic and Information Resource or Electronic and Information Resources (EIR): EIR means Information Technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term electronic and information resources include, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, Heating, Ventilation, and Air Conditioning (HVAC) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation and are not considered information technology.
• Exception: A justified, documented non-compliance with one or more standards or specifications of Texas Administrative Code, Chapter 206 and/or Chapter 213 of this title, which has been approved by the EIR Accessibility Coordinator.
• EIR Accessibility Coordinator: The employee designated to develop, support and maintain its accessibility policy institution wide.
• Information Technology: Means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term includes computers (including desktop and laptop computers), ancillary equipment, desktop software, client-server software, mainframe software, Web application software and other types of software, firmware and similar procedures, services (including support services), and related resources.
• Self-Contained, Closed Products: Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks in information transaction machines, copiers, printers, calculators, fax machines, and other similar products.
• Technical Accessibility Standards and Specifications: Accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in Texas Administrative Code, Chapter 206 and/or Chapter 213 of this title.
• Telecommunications: The transmission, between or among points specified by the user, of information of the user’s choosing, without a change in the form or content of the information as sent and received.
• Voluntary Product Accessibility Template (VPAT): A tool used to document a product’s conformance with the accessibility standards. The purpose of the VPAT is to assist contracting officials and other buyers in making preliminary assessments regarding the availability of commercial EIR products and services with features that support accessibility.
• WCAG 2.1: Stands for Web Content Accessibility Guidelines (WCAG) 2.1. WCAG 2.1 provides an international technical standard for web content. It has 12 guidelines that are organized under four principles: perceivable, operable, understandable, and robust. The guidelines each have testable success criteria, which are at three levels: A, AA, and AAA. Under Title II of the ADA, the technical standard is WCAG 2.1, Level AA.

• What are Electronic and Information Resources (EIR)? – Electronic and Information Resources (EIR) are technologies that provide access to information through telecommunications, with a focus on communication technologies (e.g., website content and multimedia). Texas law defines EIR, in part, as “information technology and any equipment or interconnected system or subsystem of equipment used to create, convert, duplicate, store, or deliver data or information.” See the full definition from the Texas Administrative Code (TAC) 213.
• What does EIR accessibility mean? – Accessibility means that websites, tools, and technologies are designed and developed so that people with disabilities can use them. More specifically, people with disabilities can perceive, understand, navigate, interact with, and contribute to EIRs. The functional definition of accessibility states that people with disabilities must be provided the opportunity to (1) acquire the same information, (2) engage in the same interactions, (3) enjoy the same services as people without disabilities, with (4) “substantially equivalent ease of use.” EIR must be usable to people of all abilities in an equitable manner. This can be achieved by either implementing accessible technologies or via an accommodation that provides an equitable experience.
• What is the technical standard for EIR accessibility that the University must observe? – The University is expected to comply with the regulations set forth in Title II of the of the Americans with Disabilities Act (ADA). The technical standard set forth in Title II is WCAG 2.1, Level AA.
• Why do I need to follow this requirement? – The University of Texas at Austin must comply with the Texas Department of Information Resources (DIR) Accessibility Rules when developing, procuring, maintaining, or using EIR. All colleges, schools, and units (CSUs) should strive to procure the most accessible product of its kind because the University has an obligation to analyze the EIR products they purchase to ensure accessibility is addressed for these products.
• What if the vendor won’t supply a VPAT or does not have one? – Ultimately, a vendor’s refusal to address accessibility deficiencies/concerns could result in non-purchase or non-renewal of the product/service. If you are providing your vendor a template of the latest VPAT form, share the WCAG version.
• Who is responsible for providing accessible content? – Accessibility is a shared responsibility, beginning with content authors. Whether it is created in Microsoft Word, Canvas, or HTML, authors must produce accessible content before it is shared with their communities. When the content is curated from an external source, the author must do their due diligence in selecting accessible content. This can be as simple as finding and citing accessibility support information from the original source.
• Who is responsible for supporting accessibility at UT Austin? – If you have a question regarding accessibility, please contact the appropriate administrator for the technology in question. If the issue cannot be resolved, the appropriate administrator should escalate the concern to the EIR Accessibility Coordinator.
• How do I report an accessibility issue? – Please contact the appropriate administrator for the technology in question. If the issue cannot be resolved, the appropriate administrator should escalate the concern to the EIR Accessibility Coordinator.

Dr. Jennifer Maedgen in University Risk and Compliance Services serves as the ADA/Section 504/PWFA/EIR Coordinator for the campus. To send a message, please complete and submit the feedback form.