Why and How to File a VPAT

All federal and state agencies require IT products and services to be reviewed for digital accessibility compliance. This includes institutions of higher education. The review must be done whether the IT is procured, developed, maintained, or used by the agency. To do that review, we ask you to fill out a Voluntary Product Accessibility Template (VPAT).

The VPAT is the industry standard for digital accessibility review. It covers Web Content Accessibility Guidelines (WCAG) that are the foundation of digital accessibility testing on all electronic and information resources (EIR). Each VPAT edition provided by the Information Technology Industry Council (ITI) covers the requirements of a portion of our international community.

University requirements

TAMU-CC requires version 2.0 or higher and one of the following editions:

Rev WCAG: covers WCAG for websites and web-based applications.
Rev 508: covers WCAG and additional federal standards in Revised Section 508 for hardware and software.
INT: covers WCAG, federal regulations, and international regulations.

Filling out the VPAT

TAMU-CC will review your completed VPAT, or Accessibility Conformance Report (ACR), and determine your current level of accessibility compliance. It is okay if you do not have 100% conformance right now. We expect that. We also expect your company to include the issues you find in your product roadmap. Improvement is expected and desired.

Do not rush to file a VPAT. Make sure your technical or accessibility team completes the review. Let your legal team review the responses. Inaccurate or false information will affect your digital accessibility compliance determination:

Missing header information (e.g., date of review, name of the IT)
Unreliable evaluation methods (e.g., general product knowledge without the use of assistive technology or people with disabilities)
Missing or uninformative Remarks and Explanations
Inappropriate use of "Not Applicable" in Conformance Level

Here is what you should fill out depending on your EIR:

WCAG 2.x Report - Required
1. What to fill out:
  1. Table 1: Success Criteria, Level A
  2. Table 2: Success Criteria, Level AA
2. What is optional:
  1. Table 3: Success Criteria, Level AAA
Revised Section 508 Report - Required
1. What to fill out:
  1. Chapter 3: Functional Performance Criteria (FPC)
  2. Chapter 6: Supporting Documentation and Services
2. What to fill out based on EIR type:
  1. Chapter 4: Hardware
  2. Chapter 5: Software (e.g., includes web-based applications and mobile apps)

Submitting to agencies for review

We recommend placing ACRs on an "Accessibility" webpage. Or you can email eirac@tamucc.edu.

Each agency’s digital accessibility specialist will review your responses and score them. They will determine if your EIR is compliant or non-compliant.

Next steps

If EIR is non-compliant, TAMU-CC must file an accessibility exception request. The Requestor must build a case that justifies buying the EIR. Exception requests are reviewed by executive leadership. Exception requests are not always approved. If they are not approved, one of two things happen:

The university must stop using the EIR.
The university must end the buying/acquisition process for the EIR.

If the EIR is compliant, TAMU-CC will approve the EIR. This does not stop a person with a disability from finding an access barrier. People with disabilities have unique needs that may not be covered in the VPAT. They may make an ADA accommodations request. We will review the request for reasonableness. If it is reasonable, we will contact you for assistance.

Accessibility should be in the lifecycle of the EIR, not a one-time-only review. EIR can fall out of compliance for many reasons:

Planning stage: Accessibility features are forgotten. This happens as new modules or components are planned out.
Design stage: Color choice, font sizes, and layout spacing are forgotten. This happens when updating the design aspects of modules or components.
Development stage: Changes to modules or components accidentally remove access. For example, a previous "listener" to assistive technology is removed. The assistive technology can no longer access the modules or components.
Maintenance stage: Technology goes through upgrades. The EIR should be checked for compatibility issues. For example, older bootstraps may no longer talk to assistive technology.

Project lifecycles already have a testing stage for finding and correcting bugs. These bugs may have to be prioritized on a roadmap for future correction. The VPAT can be reviewed and filed at that time, along with the roadmap.

Accessibility should be tested at all stages, not just a testing stage. This reduces the work needed during each stage.

Improving accessibility throughout the process reduces complaints and questions. Accessibility helps improve usability, so everyone benefits.

Universities are responsible for buying technology that people with disabilities can use.

It is always possible for a person with a disability to make an ADA accommodations request. The university will review the request for reasonableness. The university will then contact you for help.

Texas House Bill 1463 gives the us sixty (60) days to fix issues. It is important that we collaborate to find a solution. If the person with the disability does not see effort or transparency to fix the issue, they may file a lawsuit.

Lawsuits have consequences for us both. Reputations can be harmed. The university can lose funding and programs. You can lose business.

Audits can be initiated with or without lawsuits. These are done by the Office of Civil Rights (OCR). A lawsuit can focus or expand an audit based on findings. Universities have seen some patterns in the audits that you should note.

For example, one EIR may be found inaccessible in the complaint. However, the university is responsible for all its EIR. So the audit reviews all university relationships with companies. Any company refusing to provide accessibility documentation or help with accommodations is noted.

Many resolution agreements include deadlines for getting those relationships into compliance. If the deadline passes, those agreements often include ending those business relationships. If the university does not see a way to meet the deadline, they may have to end those business relationships.

It is beneficial to the university and all companies we work with to progress. Progress is emphasized. Accessibility has its own benefits. Accessibility has financial benefits for companies. It extends a company's market reach. Accessibility has support benefits. It reduces usability issues and complaint feedback.

References

Accessibility consultation

The Gartner Market Guide for Digital Accessibility, published in October 2021, includes a list of digital accessibility consulting agencies.

Free Training

W3C WAI Accessibility Fundamentals Overview
The Texas Department of Information Resources (DIR) provides free training to both state agencies/universities and companies. DIR contracted with Level Access for 2023 for vendors. Companies can contact statewideaccessibility@dir.texas.gov with the names and email addresses of the people who need access to the vendor-focused training portal.

Free training on filling out VPATs

View this free webinar on how to report accessibility with VPAT 2: A guide for vendors (from Level Access).
View this free webinar VPAT 101. A Guide to the Voluntary Product Accessibility Template (from TPGi, formerly The Paciello Group)
View YouTube playlist on VPAT Training (from the Information Technology Industry Council or ITI)
Read the white paper Reporting Conformance to ICT Accessibility Standards (PDF)

This quick guide on WCAG (Web Content Accessibility Guidelines) includes standards to most types of EIR, not just the web.

VPAT/ACR Tools

Federal and International Guidelines

Guide to Disability Rights Laws
Under U.S. Section 508, federal agencies and entities receiving federal funding follow: Worldwide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) version 2.0, Level AA conformance (WCAG 2.0 AA)
WCAG 2.1 Adoption in Europe (W3C)

State Rules and Guidelines

Technical Accessibility Standards
- Software Applications and Operating Systems (TAC §213.30) (includes websites and web applications)
- Websites (TAC §206.70)
- Telecommunications Products (TAC §213.31)
- Video and Multimedia Products (TAC §213.32) (includes those products hosted on websites and web applications)
- Hardware (TAC §213.33) (includes desktop and portable computers)
Standards for all Electronic and Information Resources (EIR)
- Functional Performance Criteria (TAC §213.35)
- Support Documentation and Services (TAC §213.36)
Procurement Review Process
- Compliance Exceptions and Exemptions (TAC §213.37)
- Procurements (TAC §213.38)

Why and How to File a VPAT

University requirements

Filling out the VPAT

Submitting to agencies for review

Next steps

References

Accessibility consultation

Free Training

Free training on filling out VPATs

VPAT/ACR Tools

Federal and International Guidelines

State Rules and Guidelines

EIR Accessibility Coordinator

Karole Schroeder

Why and How to File a VPAT

University requirements

Filling out the VPAT

Submitting to agencies for review

Next steps

Product lifecycle

What can happen if the company refuses to improve accessibility?

References

Accessibility consultation

Free Training

Free training on filling out VPATs

VPAT/ACR Tools

Federal and International Guidelines

State Rules and Guidelines

EIR Accessibility Coordinator

Karole Schroeder