• Section 508: Overview for Managers
• VPAT: Best Practices for E&IT Vendors by ITI
• Auxiliary Benefits of Accessible Web Design from W3C
• NEW: Choosing an Accessibility Consultant

ELECTRONIC AND INFORMATION TECHNOLOGY

I. Section 508 in General

Section 508 of the Rehabilitation Act Amendments of 1998 requires that when federal departments and agencies procure, develop, maintain or use electronic and information technology (EIT), subject to commercial availability, they must ensure that it complies with the Section 508 standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), unless doing so would pose an undue burden on the federal department or agency. The purpose of the law is to ensure that federal employees and members of the public with disabilities have access to the same information and data as employees and members of the public without disabilities.

II. Applicability of Section 508

Section 508 applies to federal departments and agencies. Section 101(e)(3) of the Assistive Technology Act of 1998 (AT Act) requires that States receiving AT Act funds must also comply with Section 508 and the standards.

III. Effect of Section 508 on Private Sector

Individuals cannot bring civil actions against the private sector. However, companies who intend to sell or lease electronic and information technology to federal departments and agencies should be aware that Section 508 standards have been incorporated into the federal acquisition regulations (FAR). Companies may wish to review their EIT to confirm compliance with the Section 508 standards.

While manufacturers are not required to modify their products, federal departments and agencies are required to give priority to procuring products which comply with the Section 508 standards. Additionally, depending on the terms of their contract, companies that misrepresent the degree to which the EIT they sell or lease to the government meets the Section 508 standards may be liable to the government.

EIT used by a company in the course of its business, but which will not be sold or leased to covered government entities, is not required to comply with Section 508 standards. For example, private web sites, not developed for a covered government entity, do not have to comply with Section 508 standards, but may be required to meet access requirements under Title III of the Americans with Disabilities Act.

IV. Scope of the Section 508 Standards

Section 508 contains technical standards that cover:

• software applications and operating systems,
• web-based intranet and internet information and applications,
• telecommunications products,
• video and multimedia products,
• self contained, closed products, and,
• desktop and portable computers.

V. Functional Requirements

Section 508 standards include functional standards for:

• people with visual impairments,
• people who are deaf or hard-of-hearing,
• people with speech impairments, and,
• people with motor impairments.

VI. Information & Documentation Requirements

Section 508 standards require:

• product support in alternate formats,
• descriptions of accessibility and compatibility features in alternate formats, and,
• product support services in alternate communications modes.

VII. Equivalent Facilitation Provision

Section 508 contains an "equivalent facilitation" provision, similar to the one in the Americans with Disabilities Act Accessibility Guidelines, which permits alternative means of providing access.

VIII. Types of EIT Exempted

The following types of EIT are exempt from Section 508 standards:

• EIT related to national security,
• EIT located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment, and,
• Micro-purchases - An exemption for procurements less than $2500, if made on the open market rather than under an existing contract, has been adopted in the FAR with a sunset date of April, 2005. None-the-less, compliance, to the maximum extent practicable, is strongly encouraged in the FAR.

IX. Enforcement

• The enforcement provisions of Section 508 go into effect June 21, 2001 -- six months from the date the Access Board published its final standards.
• After June 21st, any individual with a disability may file a complaint alleging that a federal department or agency failed to comply with Section 508 by procuring noncompliant electronic and information technology.
• By statute, Section 508 only applies to issues relating to electronic and information technology procured after June 21, 2001.
• Complaints under Section 508 are to be filed with the federal department or agency alleged to be in noncompliance.
• The federal department or agency receiving the complaint must apply the complaint procedures established to implement Section 504 of the Rehabilitation Act for resolving allegations of discrimination in a federally conducted program or activity.
• Individuals may also file a civil action against any noncompliant federal department or agency.

X. Technical Assistance

• The Information Technology Technical Assistance and Training Center (ITTATC) is a collaborative effort to inform industry, government, and consumers about the laws and to develop and provide quality training on product and service design methods that will make technology accessible to all members of society.

Additional Technical Assistance Web Sites:

• www.access-board.gov
• www.gsa.gov
• www.section508.gov
• www.disabilityinfo.gov
• www.ed.gov/about/offices/list/ocr/index.html?scr=mr (Office of Civil Rights)