The term “Section 508” refers to a federal law found within the Rehabilitation Act of 1973, as amended. This is the same federal statute from which a similar sounding and often confused law originates called “Section 504”. Section 504 obligates entities which receive federal funds, such as public schools, to provide a Free and Appropriate Public Education (FAPE) for students with disabilities. Complying with Section 504 generally entails activities such as providing instructional modifications, assistive technology, or modifications to policies in an effort to make a school's educational program accessible and effective for students with disabilities.
But it is important to note that Section 508 is a completely different law which uses entirely different mechanisms to accomplish its purpose. As written, Section 508 applies only to the federal government--not to states. However, Kentucky state law makes a clear and unequivocal connection to Section 508 and binds all state-supported entities, including schools and districts, to enforce the same federal standards for accessible information technology.
Section 508 includes a set of comprehensive standards which touch virtually all types of electronic information processing hardware and software, including instructional software, web sites, data management software, and including both public and staff applications. Unlike the more familiar Section 504, it is essential to realize that Section 508 is not an accommodation law, but rather a procurement and design law. It makes no difference whether or not a member of the public or a staff member with a disability using assistive technology is anticipated, you still have to make sure the technology is accessible, meaning that the technology must comply with the federal Section 508 Access Standards.
The statutory list of IT examples mentioned within Kentucky's Accessible IT state law is consistent with Federal Clinger-Cohen Act language which was used as the basis of the Section 508 federal definitions. These include “electronic information processing hardware and software, including but not limited to telecommunications and any electronic information equipment or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of audio, video, graphics, and text”. The term “accessible” as used in Kentucky law is also in direct correlation with federal requirements for compliance with Section 508 and Section 255 (of the Telecommunications Act) Accessibility Standards.
By virtue of Kentucky's state law, all publicly supported school districts must ensure that the technology applications they purchase or create on-site comply with the Section 508 Access Standards. This applies to all information technology hardware and software used by schools. Here are just a few examples:
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. By virtue of the state adoption process, publishers must also ensure that their information technology products comply with Section 508.
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KATS Network Coordinating Center
Charles McDowell Center
8412 Westport Road
Louisville, KY 40242
Local: (502) 429-4484
Toll Free: (800) 327-5287
Fax: (502) 429-7114