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This document is the preamble to the NPRM. Click here to view the NPRM. See also: Final Rule published to the Federal Register 1/18/17 that jointly updates requirements for ICT covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act.

E101.2 Equivalent Facilitation (Section-by-Section Analysis)

This section is based on existing 508 Standards § 1194.5. It would permit the use of an alternative design or technology in lieu of conformance to the proposed technical requirements in Chapters 4 and 5, but only if the alternative design or technology provides substantially equivalent or greater accessibility and usability by persons with disabilities than would be provided by conforming to the proposed technical provisions. This section also would require the proposed functional performance criteria in Chapter 3 to be used to determine whether the alternative design or technology provides individuals with disabilities with substantially equivalent or greater accessibility and usability. The application of the functional performance criteria for this purpose would fill in a gap in the existing 508 Standards, which do not explain how the functional performance criteria are to be used in relation to the technical provisions. We explain our approach in greater detail above in Section V.C (Major Issues – Functional Performance Criteria).

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