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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 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) 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 §2054.460, Texas Government Code.

  (2) Exceptions for a significant difficulty or expense under §2054.460, Texas Government Code must be approved in writing by the president or chancellor of an institution of higher education for each EIR 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 for a significant difficulty or expense under §2054.460, Texas Government Code 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 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, agency budget, grants, and alternative vendor or product selections.

  (4) Institutions of higher education shall maintain records of approved exceptions in accordance with that institution of higher education's records retention schedule.

  (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 EIR will be posted under the Accessibility section of the department's website.

  (7) 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.

  (8) 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.


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

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