Effective April 18, 2020, all EIR developed, procured, or changed
by an institution of higher education shall comply with the standards
and specifications of Chapter 206 and/or Chapter 213 of this title,
unless an exception is approved by the president or chancellor of
an institution of higher education or an exemption is granted by the
department.
(1) Legacy EIR. Any component or portion of existing
EIR that complies with an earlier standard issued pursuant to Chapter
206 or Chapter 213 of this title, and the user interface has not been
altered on or after April 18, 2020, shall not be required to be modified
to conform to this revised rule.
(2) In its accessibility policy, an institution of
higher education shall include standards and processes for handling
exception requests for all EIR, including those subject to exceptions
for a significant difficulty or expense contained in Texas Government
Code §2054.460.
(3) Exceptions for a material difficulty or expense
pertaining to significant barriers to users under Texas Government
Code §2054.460 must be approved in writing by the president or
chancellor of an institution of higher education for EIR that does
not comply with the standards and specifications described in Chapter
206 and/or Chapter 213 of this title, pursuant to Texas Government
Code §2054.460:
(A) prior to the procurement, completion, use, or deployment;
or
(B) at the point the barrier is identified if the vendor
is unable to immediately remedy the failure to comply with Chapter
206 and/or Chapter 213 of this title.
(4) An approved exception for a significant difficulty
or expense under Texas Government Code §2054.460 shall include
the following:
(A) a date of expiration or duration of the exception;
(B) a plan for alternate means of access for persons
with disabilities;
(C) justification for the exception including technical
barriers, cost of remediation, fiscal impact for bringing the EIR
into compliance, and other identified risks; and
(D) documentation of how the institution of higher
education considered alternative solutions and all institution resources
available to the program or program component for which the product
is being developed, procured, maintained, or used. Examples may include,
but are not limited to, institution budget, grants, and alternative
vendor or product selections.
(5) Institutions of higher education shall maintain
records of approved exceptions in accordance with that institution
of higher education's records retention schedule.
(6) The department shall establish and maintain a list
of electronic and information technology resources which are determined
to be exempt from the standards and specifications of all or part
of Chapter 206 and/or Chapter 213 of this title.
(7) The list of exempt EIR will be posted under the
Accessibility section of the department's website.
(8) The following information shall be provided for
each exemption listed:
(A) a date of expiration or duration of the exemption;
(B) a plan for alternate means of access for persons
with disabilities;
(C) justification for the exemption including technical
barriers, cost of remediation, fiscal impact for bringing the EIR
into compliance, and other identified risks; and
(D) written approval of the department's executive
director.
(9) The department shall establish and publish a policy
under the Accessibility section of its website which defines the procedures
and standards used to determine which electronic or information resources
are exempt from the standards and specifications described in Chapter
206 and/or Chapter 213 of this title.
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| Source Note: The provisions of this §213.37 adopted to be effective April 27, 2006, 31 TexReg 3379; amended to be effective September 16, 2008, 33 TexReg 7744; amended to be effective September 18, 2014, 39 TexReg 7565; amended to be effective December 12, 2019, 44 TexReg 7679 |
