Under Kentucky state law KRS 61.982, the following mandate is provided:
“The head of each covered entity shall ensure that information technology equipment and software used by the entity's employees, program participants, and the general public: (1) Provide individuals with disabilities, including blind or visually impaired, or deaf or hard of hearing, with access, including but not limited to interactive use of equipment and services, that is equivalent to the access provided individuals who are not disabled, blind or visually impaired, or deaf or hard of hearing”
Under the list of definitions provided for this statute the term “access” is further defined in relation to technology which is in compliance with “nationally accepted accessibility and usability standards” including Section 255 of the Telecommunications Act and Section 508. It is clearly the responsibility of the head of a district or school to ensure that this enforcement is taking place. Furthermore, under KRS 61.988, the district or school which does not enforce these requirements may be exposed to legal liability in court The law clearly states that...
“Any person injured by a violation of KRS 61.980 to 61.988 may bring an action for injunctive relief in the Circuit Court of the county in which the person resides or in which the covered entity is located.”
A district or school may want to develop an affirmative technology accessibility policy. Below is a very simple example of what such a policy might look like. Of course, a policy is only as good as the level of commitment to abide by it.
The (INSERT Name of District) Schools is committed to providing information and services which are designed to be accessible to people with disabilities and will ensure a level of access to all information technology for all users that is equivalent to the access provided individuals who are not disabled and that is consistent with the mandates of state and federal law. All information technology products, services, and applications including web sites, which are procured, developed, or maintained by the District and all schools within the District shall provide equivalent accessibility for individuals with disabilities.
In addition to developing a simple affirmative policy statement, the following guidelines component can be added to the accessibility policy in order to make sure there is enough specificity to ensure that Section 508 standards are being enforced:
All electronic and information technology products, services, and applications including web sites, which are procured, developed, or maintained by the District and all schools within the District shall comply with federal Section 508 Electronic and Information Technology Accessibility Standards, 36 CFR Part 1194, and/or federal Telecommunications Act Accessibility Guidelines, 36 CFR Part 1193, as applicable, as minimum criteria for accessibility.
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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