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Kentucky Accessible Information Technology Act
KRS 61.980-988
Background:
- Passed in April 2000
- Covered entities include not only state government
agencies, but also "any state-assisted organization"
- "State assisted organizations" are further defined within the statute to explicitly include
any other type of organization that receives state funds.
Technologies Covered and Access Defined:
- All electronic information processing hardware and software is covered
- Statutory list of IT examples is consistent with Federal Clinger-Cohen Act language
as also applied to Federal Accessibility Standards
- Access is defined using compliance with Federal Section 508 and Section 255 Accessibility Standards
Impact on K-12 Education:
- All publicly supported school
districts must comply with the KY Accessible IT Act
- This Act applies to all information technology hardware and software used by schools, including classroom computers, instructional
software, library resources, and school websites
- Another KY state law, the
Kentucky Accessible Textbook Act (KRS 156.027), further provides that textbooks and instructional materials (which, by definition, may sometimes include software) which are part of the state
adoption process must be provided in accessible formats
Implementation and Enforcement
- The KY AIT Act places the duty of implementation with
"the head of each covered entity"
- In public school systems, this responsibility rests
with the school boards and superintendent's office
- The Finance and Administration Cabinet provides a "technology access clause" which must be used in
all IT contracts - including school based IT procurement
- Failure to comply can lead to private action for
injunctive relief in Circuit Court
- KY Division of Protection and Advocacy would be a
likely agent to bring such suits
Technical Assistance and Current Progress:
- So far, school systems have been slow to implement this statute,
but some current activities are accelerating the process
- A grant has been received from the South East Disability and Business Technical Assistance Center to allow the KATS Network to work with school systems to implement this statute at the district level: The Kentucky
Accessible Technology in Schools (KY-AITIS) Project
- The Kentucky Department of Education is working with the KATS Network to develop state guidelines
for school systems as part of the KY-AITIS Project
- Also as part of the KY-AITIS Project, we are conducting a survey of all the District Technology Coordinators in the state to gauge the level
of awareness and activities to provide for accessible IT
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