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62 O.S. § 34.30. Electronic and Information Technology Accessibility Advisory Council - Creation and Composition

  1. There is hereby re-created, to continue until July 1, 2020, the Electronic and Information Technology Accessibility Advisory Council. The Advisory Council shall study and make recommendations concerning the accessibility for the disabled to publicly produced and provided electronic and information technology and to provide advice and assistance to the Information Services Division of the Office of Management and Enterprise Services on the development of accessibility standards and complaint procedures as provided for in Section 34.28 of this title. 
  2. The Advisory Council shall be composed of the following members: 
    1. Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; 
    2. Two members of the Senate, appointed by the President Pro Tempore of the Senate; 
    3. The Chief Information Officer, or a designee; 
    4. The Director of the Office of Management and Enterprise Services, or a designee; 
    5. The Director of the State Department of Rehabilitation Services, or a designee; 
    6. The Superintendent of Public Instruction, or a designee; 
    7. The Director of the Oklahoma Department of Career and Technology Education, or a designee; 
    8. The Director of the Library for the Blind and Physically Handicapped with the State Department of Rehabilitation Services, or a designee; 
    9. The Director of the Office of Disability Concerns, or a designee; 
    10. A representative of OneNet, the state telecommunications network within the Oklahoma State Regents for Higher Education; 
    11. The Director for Oklahoma Able Tech, the state assistive technology program located at Oklahoma State University; 
    12. A representative of state agency web managers appointed by the Governor from a list submitted by a state agency web manager group; 
    13. A representative of an association representing education technology administrators appointed by the Speaker of the House of Representatives; 
    14. A representative of an association of distance learning education professionals appointed by the President Pro Tempore of the Senate; 
    15. Two representatives of corporations or vendors of information or electronic technology hardware or software who are knowledgeable or have experience in the field of assistive technology appointed by the Governor; 
    16. A representative of a corporation or vendor specializing in assistive technology appointed by the Governor; and 
    17. Four representatives who are individuals with a disability, one who is blind or visually impaired, one who is deaf or hard of hearing, one with a mobility disability, and one with a cognitive disability and all of whom are users of information or electronic technology appointed by the Governor. 
  3. Members who were serving on the Electronic and Information Technology Accessibility Task Force as of July 1, 2004, shall automatically be appointed to serve on the Electronic and Information Technology Accessibility Advisory Council after July 1, 2004. 
  4. The Advisory Council shall: 
    1. Make recommendation on action, including legislative action, needed to ensure that all electronic and information technology produced, procured, or developed by state agencies are accessible to the disabled; 
    2. Identify disability accessibility standards that are emerging or fully adopted by national standard organizations; 
    3. Review and make recommendations on disability accessibility initiatives and legislation undertaken in other states; and 
    4. Provide advice and assistance to the Information Services Division of the Office of Management and Enterprise Services on the development of accessibility standards and complaint procedures as provided for in Section 34.28 of this title. 
  5. The Speaker of the House Of Representatives and the President Pro Tempore of the Senate shall each designate a cochair from among the members of the Advisory Council. 
  6. A majority of the members of the Advisory Council shall constitute a quorum. A majority of the members present at a meeting may act for the Advisory Council. 
  7. Meetings of the Advisory Council shall be called by either cochair. 
  8. Proceedings of all meetings of the Advisory Council shall comply with the provisions of the Oklahoma Open Meeting Act.1 
  9. The Advisory Council may divide into subcommittees in furtherance of its purpose. 
  10. Staff of the Oklahoma Able Tech, the state assistive technology program located at Oklahoma State University, shall serve as primary staff for the Advisory Council. Appropriate personnel from the Information Services Division shall also assist with the work of the Advisory Council. 
  11. The Advisory Council may use the expertise and services of the staffs of the Oklahoma House of Representatives and State Senate and may, as necessary, seek the advice and services of experts in the field as well as other necessary professional and clerical staff. 
  12. All departments, officers, agencies, and employees of this state shall cooperate with the Advisory Council in fulfilling its duties and responsibilities including, but not limited to, providing any information, records, or reports requested by the Advisory Council. 
  13. Members of the Advisory Council shall receive no compensation for their service, but shall receive travel reimbursement as follows: 
    1. Legislative members of the Advisory Council shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and 
    2. Nonlegislative members of the Advisory Council shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

Associated Rules

  1. Procurement. 
    1. To ensure accessibility of information technology for individuals with disabilities pursuant to 62 O.S. §34.28, procurement of information technology shall be subject to the Oklahoma Information Technology Accessibility Standards prescribed by the Office of Management and Enterprise Services and maintained by the Information Services Division. These standards apply to all information technology purchased after the effective date of these rules, providing the solicitation process was not initiated prior to the effective date. 
    2. When developing, procuring, maintaining or using information technology, or when administering contracts or grants that include the procurement, development upgrading, or replacement of information technology each state agency shall ensure, unless an undue burden would be imposed on the agency, that the information technology allows employees, program participants, and members of the general public access to use of information and data that is comparable to the access by individuals without disabilities. [62 O.S. §34.28(B)] When used in this section, "state agency" includes all agencies defined in 62 O.S. §34.29. 
    3. Unless an exception applies, an agency must procure a product or service that best meets the business needs of the agency and the applicable IT Accessibility Standards. 
      1. Accessibility determination must be conducted as part of the acquisition evaluation. 
      2. Accessibility must be considered among the general, technical and functional requirements of the procurement specifications. At a minimum, it must be accomplished through review of supplier provided information submitted in the form of a Voluntary Product Accessibility Template (VPAT) or comparable document with judgments made regarding degree of conformance to the IT Accessibility Standards. 
      3. The relative accessibility weighting may be adjusted for due cause based on the specific procurement. 
      4. When acquiring a product, an agency shall acquire products that comply with applicable IT Accessibility Standards when such products are available in the commercial marketplace or when such products are developed in response to an agency solicitation. Agencies cannot claim a product, as a whole is not commercially available by stating no product in the marketplace meets all of the IT Accessibility Standards. Instead, an agency must identify commercial, off-the-shelf products that best meet the general, technical and functional requirements as defined by the agency. Once those products have been identified, the agency should purchase the product that is the most accessibility compliant. 
  2. Contract clauses. 
    1. All solicitations and contracts for information technology shall include the accessibility clause adopted by the Information Services Division pursuant to 62 O.S. §34.28. 
    2. The IT Accessibility Standards shall be published on the OMES website. 
    3. A supplier shall provide a written certification, signed by an authorized officer of the supplier, describing the extent to which the product or service complies with applicable IT Accessibility standards required by such contracts or solicitations prior to the expenditure of state funds. An agency may also utilize a VPAT published on a supplier’s primary website. A VPAT obtained from a supplier website shall be good for a one-year period. 
  3. Exceptions. Exceptions to compliance with IT Accessibility Standards include: 
    1. information technology operated by state departments or agencies, the function, operation or use of which involves intelligence activities, crypto logic activities related to public safety, command and control of law enforcement, equipment that is an integral part of a weapon or weapons system or systems which are critical to the direct fulfillment of public safety or intelligence missions. Systems which are critical to the direct fulfillment of public safety or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics and personnel management applications); 
    2. information technology acquired by a contractor or grantee incidental to a contract or grant, provided the technology does not become State property upon the completion of the contract; 
    3. information technology located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; 
    4. information technology requiring a fundamental alteration in the nature of a product or its components to achieve accessibility; 
    5. Except as required to comply with the IT Accessibility Standards, state departments and agencies are not required to install specific accessibility-related software or attach an assistive technology device to information technology products unless required by other applicable State or Federal laws; 
    6. When state agencies provide public access to information or data through information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities at a location other than where the information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than where the information technology is provided to the public; 
    7. information technology that would impose an undue burden on the agency. 
  4. Documentation of exceptions. Whenever an agency determines that an acquisition exceeding $5,000.00 meets the criteria of a general exception or undue burden, the agency shall document the explanation of why, and to what extent, compliance with applicable IT Accessibility Standards meets an exception or creates an undue burden on the agency. Agencies are encouraged but not required to maintain documentation for commercial off-the- shelf acquisitions of $5,000.00 or less unless the purchase is part of an existing contract or affects a larger EIT system where accessibility is critical. 
    1. The explanation shall be documented on a form prescribed by the Information Services Division and signed by the chief administrative officer of the agency or an employee of the agency to which responsibility for accessibility compliance has been delegated. 
    2. The documentation shall be retained in the acquisition file to support the procurement. 
  5. Alternative means of access. When compliance with IT Accessibility Standards imposes an undue burden, agencies shall provide individuals with disabilities the information and data involved by an alternative means of access that allows an individual to use the information and data in accordance with other applicable State and Federal laws such as Title I and Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 

Purchasing Reference Guide

References

Administrative Rules

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Oklahoma Office of Management and Enterprise Services
2401 N Lincoln Blvd.
Oklahoma City, OK 73105

 

 

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