School District Information Technology Accessibility Policy Matrix

Kentucky State Law KRS 61.982:
Access requirements for state information technology equipment and software.

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;

Policy Language:

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.

Guidelines Component:

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.

Kentucky State Law KRS 61.982:
Access requirements for state information technology equipment and software.

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: (3) Have been purchased under a contract that includes the technology access clause required by KRS 61.984.

Guidelines Component:

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.

Kentucky State Law KRS 61.984:
Procurement of information technology -Technology access contract clause -- Alternative and nonvisual access standards.

The Finance and Administration Cabinet shall develop a technology access clause which shall be in compliance with Section 255 of the Federal Telecommunication Act of 1996 and with Section 508 of the Federal Workforce Investment Act of 1998 and shall establish alternative, including nonvisual, access standards for use in the procurement of information technology by covered entities in accordance with the following requirements:

1. The technology access clause shall require compliance with the standards established under this section. Except as otherwise provided in KRS 61.986, the technology access clause shall be included in all contracts entered into after July 14, 2000, for the procurement of information technology by, or for the use of, covered entities.

Kentucky Administrative Regulation 200 KAR 5:390
Electronic and Information Technology Accessibility

Currently in Drafting.

Guidelines Component:

1. The District shall adopt the procurement language mandated under 200 KAR 5:390 once it is approved by the Finance and Administration Cabinet.
2. 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.

Kentucky State Law KRS 61.982:
Access requirements for state information technology equipment and software.

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

Guidelines Component:

1. When selecting information technology products and services for purchase by the District and by any school within the District, the District shall ensure that compliance with federal Electronic and Information Technology Accessibility Standards and/or federal Telecommunications Act Accessibility Guidelines is an essential selection criterion, whether or not the purchase is made through a contract.
2. When selecting information technology products and services for purchase by the District and by any school within the District, the District shall further give due consideration to the capability of the vendor to demonstrate the ability of any product or service to be effectively used with nonvisual access software and peripheral assistive technology devices as an additional selection criterion, whether or not any individual with a disability is currently expected to use the technology.

Kentucky State Law KRS 61.986
Compliance of existing equipment or software

1. Information technology purchased prior to July 14, 2000, shall be brought into compliance with KRS 61.980 to 61.988 when the covered entity upgrades or replaces the existing equipment or software. Nothing in KRS 61.980 to 61.988 shall be construed or interpreted to require the replacement or upgrade of existing equipment or software.

Guidelines Component:

The District shall ensure that any information technology purchased prior to July 14, 2000, shall be brought into compliance with state law when the existing equipment or software is upgraded or replaced.

Kentucky State Law KRS 61.986:
Exclusion of technology access clause -- Conditions -- Exempting from access requirements -- Compliance of existing equipment or software.

1. For the purpose of procurement, the head of any covered entity may, with respect to access software or peripheral devices and other assistive technology pertinent to individuals with disabilities access to information technology obtained following July 14, 2000, approve the exclusion of the technology access clause if the cost of the software or peripheral devices or other assistive technology for the covered entity presents an undue burden.
2. The head of any covered entity shall not approve the exclusion of the technology access clause from any contract with respect to:
   1. The compatibility of standard operating systems and software with nonvisual access or other assistive software, peripheral devices, or any assistive technology; or
   2. The initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software.
3. Nothing in this section shall require the installation of software or peripheral devices for nonvisual or alternative access if the information technology is being used by individuals who are not blind, visually impaired, or otherwise disabled. However, the applications programs and underlying operating system, including the format of the data, used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices.

Guidelines Component:

1. When, in the course of procuring IT products, the District determines that required compliance with Accessibility Standards would result in an undue financial burden, the District shall consult with legal counsel to consider if the determination of undue burden can be made under KRS 61.986.
2. The District shall adopt the exclusion process mandated under 200 KAR 5:390 once it is approved by the Finance and Administration Cabinet.
3. If the District makes a determination of undue burden for purposes of excluding the technology access clause within a contract, the District still must provide the employee, student, or general public with an alternative means of access to use the information or data.
4. The District shall not approve the exclusion of the technology access clause from any contract with respect to:
   1. the compatibility of standard operating systems and software with nonvisual access or other assistive software, peripheral
   2. the initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software.

Federal Section 508 Electronic and Information Technology Accessibility Standards, 36 CFR Part 1194

Guidelines Component:

1. When selecting, procuring or developing information technology products and services for use by the District and by any school within the District, the District shall ensure that compliance with federal Electronic and Information Technology Accessibility Standards shall be an essential requirement. The federal Accessibility Technical Standards shall include all of the following essential elements of 36 CFR Part 1194:
   1. 1194.21 Software applications and operating systems.
   2. 1194.22 Web-based intranet and internet information and applications.
   3. 1194.23 Telecommunications products.
   4. 1194.24 Video and multimedia products.
   5. 1194.25 Self-contained, closed products.
   6. 1194.26 Desktop and portable computers.

Federal Section 508 Electronic and Information Technology Accessibility Standards, 36 CFR § 1194.31 Functional performance criteria

Guidelines Component:

When selecting, procuring or developing technologies or components for which there is no specific requirement under Subpart B of the Federal Accessibility Technical Standards, the District shall ensure that Subpart C, 36 CFR 1194.31 Functional Performance Criteria are supported.

Federal Section 508 Electronic and Information Technology Accessibility Standards, 36 CFR § 1194.41 Information, Documentation and Support

Guidelines Component:

When selecting, procuring or developing information technology products and services, the District shall ensure that all vendors provide support documentation, including a description of the accessibility and compatibility features, to end-users with disabilities in alternate formats upon request, at no additional charge to the District. Vendor support services for products shall accommodate the communication needs of end-users with disabilities.

Kentucky State Law KRS 61.982:
Access requirements for state information technology equipment and software.

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

Guidelines Component:

1. The District shall ensure that documents which are made available on websites within the District shall be made available in accessible formats;
2. Wherever a link is provided to PDF file or another type of document which resides on a website on the district and is not HTML, XHTML, or text such as Rich Text Format or TXT, the website shall also provide a link to an equivalent version of the document in accessible HTML or other accessible version of the same document.