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Accessibility
Synopsis of Section
508 Accessibility Requirements:
Section
508 (Off Site) of the Rehabilitation
Act Amendments requires that when Federal agencies develop,
procure, maintain, or use electronic and information technology
(EIT), Federal employees with disabilities have comparable
access to and use of information and data as Federal employees
who have no disabilities, unless an undue burden would
be imposed on the agency. Section 508 also requires that
individuals with disabilities, who are members of the public
seeking information or services from a Federal agency,
have comparable access to and use of information and data
as the public without disabilities, unless an undue burden
would be imposed on the agency.
Although Federal agencies have
an explicit statutory obligation to make all EIT that
they develop, maintain or use compliant with Section
508, the current emphasis is on newly procured EIT because
it is the category that is explicitly enforceable by
legal action. Procurement awards made on or after June
25, 2001, are subject to Section 508 (see FAR
Final Rule).(Off Site)
According to the Access Board,
the Section 508 requirements do not apply retroactively
to pre-existing EIT. Specifically, the "Electronic and
Information Technology Accessibility Standards: Economic
Assessment," states that
"The standards are to be applied
prospectively and do not require Federal agencies to retrofit
existing electronic and information technology. As agencies
upgrade and change their electronic and information technology,
they must comply with the standards."
(See Chapter 2.1 Final Standards)
It should be noted, however, that other Federal regulations
and guidelines (e.g., Section
501 (Off Site) and Section
504 (Off Site) of the Rehabilitation Act) require equal
access for individuals with disabilities. Therefore, Federal
agencies are required, upon request, to provide information
and data to individuals with disabilities through an alternative
means of access that can be used by the individuals.
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