Component 2: Process for determining Undue Burden and Fundamental Alteration

Sections 508 defines undue burden as a product that causes “significant difficulty or expense” to the organization. 

Process for Determining Undue Burden

When determining if a product qualifies for an undue burden, the campus must consider the resources available to the program or component for which the product is being developed, procured, maintained, or used.  Considerations should include the functionality needed from the product and the technical difficulty involved in making the product accessible.  In addition, other considerations include compatibility and the difficulty of integrating the product with the campus or CSU infrastructure, including security.

When an E&IT product or service qualifies as a potential undue burden, the User/Requestor’s department, in coordination with Contracts and Procurement Services (C&PS), must submit a request along with the Purchase Requisition documentation to the Vice Provost/Chief Information Officer (VP/CIO) or designee and E&IT Campus Compliance Officer for review and recommendation.  The components of an Undue Burden request include:

1. Description of the product and its function;
2. Description of the undue burden, specifically;
3. Applicable technical provisions of the Section 508 standards;
4. Specific provisions that cannot be met as a result of undue burden;
5. All funds available from potential funding sources, including the program, department or component for which the product or service is being acquired;
6. Estimated cost of acquiring a product that meets the applicable technical provisions along with an explanation of how costs were estimated;
7. Market research performed to locate items that meet the applicable technical provisions;
8. Proposed method of providing alternative access and its estimated cost;
9. Time schedule on when it will no longer be an undue burden to the organization; i.e. product will be conformant; and
10. Resubmission of undue burden request every two years until the product is conformant.

The VP/CIO and E&IT Campus Compliance Officer will forward the undue burden request, along with their recommendation, to the President or the President’s designee. The President or designee will have the final authority to approve or disapprove the undue burden request.  Cal Poly’s President has designated the Provost/Vice President for Academic Affairs to perform this function.

A copy of the final determination of the undue burden request shall be retained by the E&IT Campus Compliance Officer and also be included in the procurement file. The E&IT Campus Compliance Officer shall make these records available upon request. 

If an undue burden is approved, it is important to note that by statutory obligations, the CSU must provide alternative access. The requesting department is responsible for providing such access.

Process for Determining Fundamental Alteration

Cal Poly is not required to make changes in the fundamental characteristics of a product to comply with Section 508 accessibility standards. This does not apply to cosmetic or aesthetic changes. One example of fundamental alteration is hand-held devices.  Adding a larger display to a hand-held device may fundamentally alter the device by significantly changing its size to such an extent that it no longer meets the purpose for which it was intended.  Adding accessibility features would not generally be considered a fundamental alteration, if it did not have any significant effect on the standard mode of operation or its size or weight.

As a general rule, fundamental alteration has been applied to hand-held devices.  However, technology in this area is rapidly evolving and an exemption granted for one procurement effort should not be automatically extended to future procurements.  Many hand-held devices that were once exempt due to non-accessibility features are now accessible.  As a result, the User/Requestor and E&IT Campus Compliance Officer must be cognizant of the technology in this field to ensure that the exemption is valid.  

The determination of fundamental alterations includes the following steps:

• Research: Determine the functional requirements and the specific need for the E&IT product.
• Evaluation: Review the accessibility of the product and the impact of the accessible product to the functional requirements.
• Documentation: Vendor product documentation.
• Verification: User/Requestor with assistance from their LAN Coordinator.
• Determination: ITS Technical Consultant(s) and E&IT Campus Compliance Officer review documentation.