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Home > Recommendation for an IT Accessibility Law for the State of Maine Recommendation for an IT Accessibility Law for the State of Maine from the IT Accessibility Law Workgroup Presented to the IT Accessibility Committee June 27, 2005The State of Maine IT Accessibility Committee (ITAC) held their annual meeting at Maple Hill Farm in August of 2004. At that meeting, an IT Accessibility Law Workgroup (ALW) was chartered to research and review whether a Maine state law requiring information technology (IT) accessibility would result in better access for individuals with disabilities to State information systems than the current Maine policies and standards regarding computer application (see www.state.me.us/CIO/accessibility/software_policy.htm ) and website accessibility (see www.state.me.us/CIO/accessibility/policy/webpolicy.htm ). The ALW members included: Floyd White, Chair; Carolyn Bebee; Jon Steuerwalt; and Carmen Fournier . The ALW has met approximately every three weeks since the fall of 2004. Research Completed by the workgroup The ALW used the Information Technology Technical Assistance and Training Center (ITTATC) website (see www.ittatc.org/law/stateLawAtGlance.cfm ) to identify states with laws related to the accessibility of websites or computer applications - either developed or procured by that state. According to this website, seventeen states have laws related to IT accessibility. Five states have a law addressing website accessibility as well as the accessibility of computer applications developed or purchased by that state. Ten states address websites and procurement and one state addresses websites and computer application development. The ALW recognized that this list might not be the most current. However, the site gave an excellent overview of states known to have laws related to IT accessibility. Four topic areas were identified as important to the data gathering process when reviewing state IT accessibility laws. They included: 1) the range of disabilities covered by the law; 2) the approach used to ensure IT accessibility; 3) the method used to ensure IT accessibility; and 4) overall impressions of the law. The committee reviewed laws from California, Arkansas, Missouri, Oklahoma, Indiana, and Arizona (see Attachment 1). Following the initial review, a set of interview questions was developed for specialists who would have a national and /or international perspective on the impact of an IT accessibility law versus policies (see Attachment 2). A second set of questions was developed for interviews with representatives in states that have a state IT accessibility law or laws (see Attachment 3). Finally, an additional set of questions was developed for individuals, agencies, and special interest groups to obtain their perspective on IT accessibility state laws (see Attachment 4). An interview was conducted on April 20, 2005 with Cynthia Waddell, Executive Director of the International Center for Disability Resources on the Internet (ICDRI), an internationally recognized expert in the accessible design of electronic and information technology (see Attachment 5). On April 27, 2005 an interview was held with Mike Paravagna, Chief of the Disability Access Section with the California Department of Rehabilitation (DOR) and Neal Albritton, Assistive Technology Analyst (IT Consultant and Trainer on disability rights) also employed by California's DOR (see Attachment 6). Additional contacts were made via phone and email with the American Foundation for the Blind; Keith Leathers, Director of the AASIS Support Center for the State of Arkansas; the Carroll Center for the Blind; the American Council for the Blind; and the National Federation for the Blind. Recommendations The IT Accessibility Law Workgroup has the following recommendations to make to the IT Accessibility Committee: Recommendation 1: The IT Accessibility Committee should proceed with a plan to develop an IT accessibility law for the State of Maine. Explanation: Prior to the establishment of the Rehabilitation Act's Section 508 Technical and Functional Standards for software applications, operating systems, and web-based intranet and internet information and applications (see www.section508.gov/index.cfm?FuseAction=Content&ID=12 ) in July 2001, there were no laws - Federal or state - that specifically identified how these information technologies should be made accessible to people with disabilities. However, Section 508 of the Rehabilitation Act sets requirements only for the Executive Branch of the Federal government. As a result of the research done, the ALW does not believe that the ADA and/or the Maine Human Rights Act guarantee IT accessibility rights for people with disabilities. While these laws extend accessibility requirements to governmental agencies other than the Federal government's Executive Branch, they do not specifically address the accessibility of information technologies as do the standards for software applications, operating systems, and web-based intranet and internet information and applications that were developed for Section 508. Even though the ADA has been successfully used in at least one instance to ensure web-based internet information accessibility, we still do not have a definite answer on the question of how the ADA applies to the internet or other information technologies. (Please see WebAIM's summary of legal decisions regarding the applicability of the ADA to web-based information technologies at www.webaim.org/coordination/law/us/ada/ .) In addition, the use of these laws as a method to resolve grievances concerning accessibility can be very costly and time consuming. Therefore, many people may decide, because of that, not to pursue a final resolution to their IT accessibility problems. (For a discussion of some of the negative perceptions people with disabilities may have concerning the effectiveness of the ADA complaint procedures, see www.nfb.org/bm/bm04/bm0401/bm040116.htm .) The State of Maine has developed and implemented software application and web accessibility policies and they have resulted in improved IT accessibility. These policies however address IT accessibility only in the State's Executive Branch agencies. Support and technical assistance for implementation of these policies has been limited. Also, there are no guarantees that support for implementation and enforcement of these polices, by the Executive Branch, will continue when future administrations change. For these reasons, the members of the ALW believe that a state law guaranteeing accessible information technologies for State employees and Maine citizens with disabilities is necessary. Recommendation 2: If the SAC decides to implement Recommendation 1, the Committee should establish an "Information Technology Accessibility Law Development Subcommittee" (ITALDS) to be chaired by a member of the SAC and with membership composed of stakeholders as suggested below. The ALW further recommends that the SAC identify and fund sufficient staff resources to support the work of the ITALDS. Explanation : The ALW strongly believes that the development and effective implementation of a state IT accessibility law will require the involvement of a broad array of entities and individuals who would be affected by the passage of such a law. To that end, the ALW offers the following list of stakeholder groups, representatives of which should be considered for inclusion on the ITALDS:
Recommendation 3: In pursuing its work, the ITALDS should give consideration to the following elements that should be included in or otherwise addressed in an IT accessibility law for Maine . Explanation : The ALW has identified a number of areas to consider as part of the next steps in developing a state IT accessibility law as well as elements that should be included in such a law. After reviewing state laws, the ALW recommends that the Model State IT Accessibility Law (see Attachment 7) be used as a template with a number of modifications. This model law was developed by Deborah Buck, Executive Director of the Assistive Technology Act Programs (ATAP). The ALW recommends that the ITALDS considers, for inclusion in Maine 's IT accessibility law, the following:
Next Steps
The IT Accessibility Law Workgroup acknowledges the importance of the contributions to this report made by Cynthia Waddell, Mike Paravagna, Neal Albritton, Kathy Powers, Eric Dibner, and Deborah Buck. Respectfully submitted, Floyd White, Chair
Attachment 1: Summary of State Laws ReviewedSTATE OF ARIZONA
STATE OF ARKANSAS: IT Access for the Blind Title 25 Chapter 26 Subchapter 2
STATE OF CALIFORNIA - California Codes, Government Code, Section 11135-11139.8
STATE OF INDIANA
STATE OF MISSOURI - MRS CHapter 191 Health & Welfare Section 191.863
STATE OF OKLAHOMA - House Bill 2197 passed 4/20/2004 amending 620 Subsection 2001, Section 41.5e
Attachment 2: Interview Questions for National/International IT Accessibility Specialists
Attachment 3: Interview Questions for State Specific IT Accessibility Specialists
Attachment 4: Interview Questions for Other Individuals, Agencies, and Special Interest GroupsThe state of Maine has an Information Technology (IT) IT Accessibility Committee . Currently Maine has standards and policies related to IT accessibility. A IT Accessibility Law Workgroup has been chartered to explore whether there are benefits to have a State Accessibility Law for Maine . As you know, there are a number of states that have an IT Access Law. With your expertise and national contacts, 1. Are you aware of a state that has an effective IT access law? If so could you describe what makes it effective? 2. Could you suggest contacts in that state who would be familiar with the origins and implementation of the state law? 3. Are there states with a state law that is not working and if so what is contributing to the ineffectiveness of the law? 4. Do you have recommendations regarding the structure of a state law requiring accessible information technology for people with disabilities? Model of State IT Accessibility LawAcknowledgement: Deborah Buck, Executive Director Draft- for discussion/development purposes only (1) ACCESSIBLE ELECTRONIC INFORMATION TECHNOLOGY (E&IT) FOR PERSONS WITH DISABILITIES -- otherwise known as the ( state ) Accessible E&IT Law (a) In order to improve accessibility of electronic and information technology, and therefore increase the successful education, employment, access to government information and services, and involvement in community life, the State of ____ Executive Branch Agencies, Departments, the legislature, and other state governmental organizations such as Committees, Authorities and Commissions shall when developing, procuring, maintaining, or using electronic or information technology ensure that state employees with disabilities have access to and use of information and data that is comparable to the access and use by state employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. The ( state ) Accessible E&IT Law also requires that individuals with disabilities, who are members of the public seeking information or services from state entities as identified and covered by this law, shall have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. State of ____ (Executive Branch Agencies, the legislature, and other state governmental organizations such as Committees, Authorities and Commissions shall develop, procure, maintain and use accessible electronic and information technology that conforms to the applicable provisions set forth by the Section 508 standards (36 CFR Part 1194) Subparts B-Technical Standards (1194.21- 1194.26); Subpart C (Functional Performance Criteria) & Subpart D (Information Documentation & Support). (b)When compliance with the provisions of ( state ) Accessible E&IT Law imposes an undue burden, agencies shall comply with all applicable state and federal civil rights statutes, including, but not limited to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, as amended, and provide individuals with disabilities with the information and data involved by an alternative method of access that allows the individual to use the information and data. The ( state ) Accessible E&IT Law does not require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a state employee who is not an individual with a disability. The ( state ) Accessible E&IT Law does not require agencies, providing access to the public to information or data through electronic and information technology, to make products owned by the agency available for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public. (2) OVERSIGHT, MONITORING AND TECHNICAL ASSISTANCE - (a) The Department of _____and the ____ shall administer, provide oversight, monitoring, and technical assistance. Duties and responsibilities of these entities shall be delineated by administrative rule. (3) RULEMAKING - (a) The ______ in partnership with the ______ shall create administrative rules for the implementation of the ( state ) Accessible E&IT Law for the development, procurement, maintenance, and use of accessible electronic information technology in ___ government as part of the ( state ) Accessible E&IT Law. In addition to defining the operation and E&IT program elements as indicated above, rules shall also address, but are not limited to, . (b) Not later than ___ months after the date of enactment of the Accessible Electronic Information Technology (E&It) For Persons with Disabilities, the ___ shall issue administrative rules for implementation as required in Section 3 (a). (4) DEFINITIONS - (a) "Accessible Electronic and Information Technology" means E&IT that conforms to the standards for accessible E&IT as set forth under the Section 508 standards 36 CFR Part 1194 3 Subparts B-Technical Standards (1194.21- 1194.26); Subpart C (Functional Performance Criteria) & Subpart D (Information Documentation & Support). (b) "Alternate methods" is different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description. (c) "Electronic and information technology" includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, inter change, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. (d) "Information technology" Any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. (e) "Undue burden" Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used. (5) EFFECTIVE DATE - The ( state ) Accessible E&IT Law shall take effect __ days /__months after the issuance of administrative rules.
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