New York State Information Technology Policy - Accessibility of Web-Based Information and Applications
On and after the effective date of this policy, all solicitation documents, contracts and any amendments hereto executed on and after such date shall include the following clause:
Any web-based information and applications development, or programming delivered pursuant
to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08-005,
Accessibility of Web-Based Information and Applications as such policy may be amended, modified
or superseded, which requires that state agency web-based information and applications are
accessible to persons with disabilities. Web-based information and applications must conform to
New York State Enterprise IT Policy NYS-P08-005 as determined by quality assurance testing.
Such quality assurance testing will be conducted by (state agency name, contractor or other)
and the results of such testing must be satisfactory to (state agency name) before web-based
information and applications will be considered a qualified deliverable under the contract or
procurement.
The above clause will also apply to the extent that a state agency contracts with a public or private entity, and such contract requires the creation, development, implementation, or hosting of web-based information or applications on behalf of, or for, a state agency. The requirement of this part specifically includes the outsourcing of any of the services identified in this part.
However, portions of an Intranet, the Internet or an extranet that are outside the control of the state agency or the third-party will not be affected.
If making specific web-based information and applications accessible in compliance with this policy would cause a fundamental alteration in the service, program, or activity, or would result in an undue financial and administrative burden such content may be exempt from this policy. Any state agency making a determination of fundamental alteration or undue financial and administrative burden under this policy will document such determination and maintain such documentation. In the event of an exemption, the state agency will identify the information or services subject to such determination on the relevant web page(s) and specify the alternative method for obtaining such information or services. Nothing in this policy alters a state agency’s independent authority and responsibility to determine what constitutes a fundamental alteration or undue financial and administrative burden.
OFT may request to review any determinations of exemption from this policy. Such review may include, but is not limited to, review of the technical and business analyses, and other project documentation, technologies or systems which are the subject of this policy or any applicable standards.
The policy goes into effect on 05/17/2010. To assure compliance with this policy agencies are required to:
- Designate a point of contact for accessibility of web-based Information and Applications.
- Clearly post an “accessibility” link on the agency Home Page. The linked page should specify who to contact with questions about the site’s accessibility and accessibility of any other web-based application(s) under the control of the agency.
- Test the web-based Intranet and Internet information and application for compliance as new web-based information and application is made available and all public facing information and applications on an annual basis. ITS may periodically request a review of any documentation and information regarding the status the accessibility of an agency’s public facing web-based information and applications, including content posted on social networking sites.
- Document receipt of and responses to any and all complaints regarding accessibility of the agency’s web-based information and applications. In addition, agencies must document instances of agency non-compliance with this policy due to “undue burden” or “fundamental alteration” in the nature of the product or application. ITS may periodically request a review of this documentation.