KY Accessible Information Technology in Schools (AITIS) Project
Tutorial: Kentucky Accessibility Guidelines for K-12 Education-based Information Technology
Unit 4: What about IT Procurement Policy?
Under Kentucky state law KRS 61.982, it is mandated that 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 has “been purchased under a contract that includes the technology access clause required by KRS 61.984”. The statutory obligation to create the state approved “technology access clause” rests with the Kentucky Finance Cabinet. The technology access clause is specific contractual language which binds all vendors to ensuring that their products will comply with Section 508 Access Standards. This clause will be developed through a state regulation process which is currently in process.
Although the state regulation is not complete, it is vital to recognize that the statutory mandates of Kentucky law remain fully enforceable, and the fact that a finalized regulation is not yet complete does not in any way lessen a district's obligation to enforce this requirement on its own. Ensuring that only accessible IT is procured by a district or school is one of the “sure fire” ways of keeping the school IT environment accessible.
Guidelines Component:
The fact that the aforementioned procurement regulation has not yet been finalized makes it even more essential that the district ensure that IT procurement is covered in the district's accessibility guidelines. Here is an example of some important components to include:
- The District shall ensure that information technology equipment and software that is purchased by the District and all schools within the District for use by employees, students, and the general public, shall be purchased under a contract that includes a technology access clause which is consistent with state law.
- The District shall adopt the procurement language mandated under state regulation once it is approved by the Finance and Administration Cabinet.
- Until such language is approved by the Finance and Administration Cabinet, the District shall utilize other language deemed effective toward accomplishing the directives of KRS 96.984, which shall be in compliance 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. All RFP's and contracts issued by the District must include a vendor certification attesting to accessibility compliance of the vendor's product or service, and must obligate vendors to disclose any non-conformance with accessibility standards. The District may include in contract clause or written assurance a legal liability on the part of the vendor to fix any non-conformance not disclosed at the time of purchase but identified later. In this case, the District shall assume liability for any non-conformance identified by the vendor but purchased anyway.
Compliance Checklist:
The following series of questions will be useful in helping the district identify the existence of appropriate policies and procedures for ensuring accessible procurement:
- Does the district have a procedure in place to ensure that the Electronic and Information Technology Accessibility procurement clause developed by the Finance and Administration Cabinet is being used within all District contracts for technology products?
- For the procurement of technology deemed not to require a contract, are other procedures in place to ensure that this technology will comply with state accessibility requirements?
- Has the District adopted the procurement language mandated under state regulation once it is approved by the Finance and Administration Cabinet?
- Until state regulation is approved by the Finance and Administration Cabinet, has the District drafted alternate language that accomplishes the directives of KRS 96.984?
- Does the alternate District procurement language identify the minimum criteria for accessibility as compliance 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?
- Do all RFP's and contracts issued by the District for information technology and telecommunications products and services include a vendor certification attesting to accessibility compliance of the vendor's product or service?