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TITLE 1ADMINISTRATION
PART 10DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 213ELECTRONIC AND INFORMATION RESOURCES
SUBCHAPTER CACCESSIBILITY STANDARDS FOR INSTITUTIONS OF HIGHER EDUCATION
RULE §213.37Compliance Exceptions and Exemptions

Effective September 1, 2006, all electronic and information resources 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) Each institution of higher education shall include in its accessibility policy standards and processes for handling exception requests.

  (2) An exception request shall be submitted to the president or chancellor of an institution of higher education for each electronic and information resources development or procurement, including outsourced development, which does not comply with the standards and specifications described in Chapter 206 and/or Chapter 213 of this title, pursuant to §2054.460, Texas Government Code.

  (3) An approved exception shall include the following:

    (A) a date of expiration;

    (B) a plan for alternate means of access for persons with disabilities;

    (C) justification for the exception including relevant cost avoidance estimates; and

    (D) signature of the executive director of the agency.

  (4) Institutions of higher education shall maintain records of exception requests according to that institution of higher education's internal accessibility policy.

  (5) 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.

  (6) The list of exempt electronic and information resources will be posted under the Accessibility section of the department's Web site.

  (7) The following information shall be provided for each exemption listed:

    (A) date of expiration;

    (B) a plan for alternate means of access for persons with disabilities; and

    (C) justification for the exemption including relevant cost avoidance estimates.

  (8) The department shall establish and publish a policy under the Accessibility section of its Web site 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.


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

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