IT Accessibility Review
Volume 1, Number 2
State of the States
State of the States
Policies
Currently, many states are looking at Web and IT Accessibility policies and ways to refine and improve them. Some states had accessibility policies in place before Section 508 while others did not. Many states are changing accessibility policies to reflect the requirements of Section 508. Some are taking a combined approach by keeping their core policies and adding further accessibility "guidelines." Some states see Section 508 merely as a starting point and want to add further requirements based on W3C initiatives.
There is no uniform methodology by which all states create and implement IT accessibility policies. Some states have scrambled to put together IT accessibility policies, especially in the area of Web accessibility. Programmers simply need guidelines by which they can build accessible websites. It is a new frontier for some states that are attempting to move toward accessibility while addressing the outcry from people with disabilities.
Legislation
It is unclear to what extent states will be held accountable to Section 508 legislation. The spirit of Section 508 was originally applied to federal agencies, government contractors, and others receiving federal money. Many disability advocacy groups have attempted to hold states accountable to Section 508 because they receive federal funding through the Assistive Technology Act. Thus far, states have not been in full compliance in regard to Section 508 regulations. This question remains unanswered and perhaps will be addressed by Congress to clarify states´ roles in regard to Section 508.
Slowly but surely, states are addressing IT accessibility not just through policies, but legislatively, as well. Currently 22 states have IT accessibility laws and 5 states are presently in the preliminary stages of drafting legislation, issuing executive orders, or writing policies. One state has an executive order in place and four states have accessibility standards suggested from their top IT administrators; however, no actual legislation is in place.
Many states had IT accessibility legislation on the books prior to the 508 standard. More commonly, these states only addressed accessibility for persons who were blind. Some states are moving to modify legislation and draft amendments to bring their legislation up to Section 508 standards.
On a positive note, states that are looking to adopt Section 508 are doing so for increased usability system-wide. Nationwide, state information technology offices are looking at policies, training, and support to successfully implement Section 508 requirements from a usability standpoint. States are finding that their usability is greatly improved when accessibility is implemented correctly.
Litigation
In 2003, three blind state employees from Pennsylvania and the National Federation of the Blind of Pennsylvania (NFBP) filed a lawsuit against the state and its governor. The suit asserted that the state´s multi-million-dollar computer system upgrade for use by all state employees was inaccessible to blind employees and, therefore, in violation of the Americans with Disabilities Act (ADA). Attorney Joe Espo, of Brown, Goldstein & Levy, who represents both the NFBP and state employees, will be speaking on "States´ Experiences with IT Accessibility" at the upcoming Assistive Technology Act Programs Annual Conference, November 8-10, in St. Louis, MO. The current status of this case is unclear.
In 2001, the Arkansas Administrative Statewide Information System (AASIS) had similar accessibility problems for blind employees. Two blind state employees filed a lawsuit, to prevent further use of the information system without modification for accessibility. The judge put an injunction on the state´s plan to roll out more components of the application that was deemed in-accessible. In turn, Arkansas is suing German software developer SAP contending the company did not fulfill its contract to develop the programs.
Litigation in the area of state IT accessibility is being closely watched. It is anticipated that groundbreaking lawsuits will set precedents for mandatory inclusion of state employees with regard to IT accessibility.
Resources:
New York adopted a new policy and standards in June 2004:
- Policy:
http://www.oft.state.ny.us/policy/p04-002/index.htm - Standards:
http://www.oft.state.ny.us/policy/s04-001/index.htm
South Carolina adopted a new web policy in June 2004:
Arizona´s governor approved Section 508 bill in June 2004:
Association of Assistive Technology Act Programs Annual Conference:
National Federation of the Blind in Pennsylvania:
Deborah Buck has over 20 years experience working in the field of disability and technology. She was recently appointed Executive Director of the Association of Assistive Technology Act Programs (ATAP). Prior to joining ATAP, Ms. Buck was the Director of State IT Accessibility Initiatives at the Information Technology Technical Assistance and Training Center (ITTATC).
