Kentucky State Web Accessibility Laws
The Kentucky Accessible Information Technology (AIT) law was passed in April 2000.
Kentucky law requires all state and other state-assisted organizations to ensure individuals with disabilities are provided access to all information technology equipment and software “that is equivalent to the access provided to individuals who are not disabled.”
As defined by the AIT law, “state” means the Commonwealth of Kentucky or any of its departments, agencies, public bodies, or other instrumentalities. “State-assisted organizations” are defined as colleges, universities, nonprofit organizations, people, political subdivisions, school systems, or other entities supported in part or in whole by state funds.
Kentucky Accessible Information Technology Law
The Kentucky Accessible Information Technology Law (KRS 61.980) is split into five sections. Each section is summarized below.
- List of definitions for the language used in KRS 61.980 to 61.988.
- 61.982 Access requirements for state information technology equipment and software: States that the head of each covered entity must ensure individuals with disabilities, including deaf or hard of hearing and blind or visually impaired, have access equivalent to that of individuals without a disability. In addition, all new IT purchases must have a technology access clause as required by KRS 61.984.
- 61.984 Procurement of information technology – Technology access contract clause – Alternative and nonvisual access standards: States that the technology access clause must be in compliance with Section 255 of the Federal Telecommunications Act of 1966 and Section 508 of the Rehabilitation Act of 1973.
- 61.986 Exclusion of technology access clause -Conditions – Exempting from access requirements – Compliance of existing equipment of software: States that if the purchase of any new assistive technology presents an “undue burden,” then the head of the covered entity can exclude the technology access clause. In addition, new technology does not need to be purchased to comply with KRS 61.980 to 61.988 unless it is replaced or upgraded, or if it is being used by an individual with a disability.
- 61.988 Action for induction relief for injury due to violation of KRS 61.980 to 61.988: States that any person injured by a violation of KRS 61.980 to 61.988 can bring an “action for inductive relief in the Circuit Court of the county in which the person resides or in which the covered entity is located.”
The level of access required must be in compliance with Section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Rehabilitation Act of 1973. This includes all state and state-assisted organization’s:
- Electronic and information technology products
- Web sites
Section 255 of the Federal Telecommunications Act of 1996
Section 255 requires telecommunications products and services to be accessible to people with disabilities to the extent access is “readily achievable.
Section 508 of the Rehabilitation Act of 1973
Section 508 requires all federal electronic and information technology to be accessible to people with disabilities, including employees and public individuals. The recent refresh of Section 508 requires web sites to adhere to WCAG 2.0 standards.
Kentucky suggests various resources for organizations to use which cover the accessibility of websites and accessible content creation.
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