Thread Subject: Re: TEITAC narrative

Note

This archival content is maintained by WebAIM and NCDAE on behalf of TEITAC and the U.S. Access Board . Additional details on the updates to section 508 and section 255 can be found at the Access Board web site.

From: Rex Lint
Date: Thu, Feb 07 2008 11:50 AM

Jim,

Some of the verbage concerning history of 508 appears not to consider the
ammendment to 508 that happened July 13, 2000. Our document says on page
14, next to last paragraph,

"Finally, unlike its predecessor, beginning August 7, 2000,
the amended Section 508 allows individuals to file complaints against
Federal agencies alleging noncompliance with Section 508. Agencies
receiving such complaints are directed to utilize their existing complaint
procedures for Section 504 of the Rehabilitation Act."

Section 508 was amended to extend the date it would go into effect.
According to the Access Board
(http://www.access-board.gov/sec508/508index.htm)

"Congress Amends Section 508 Enforcement Provisions
On July 13, 2000, President Clinton signed into law an
appropriations bill that includes an amendment to section 508 of the
Rehabilitation Act. Under this amendment, the effective date of section
508's enforcement provisions are delayed to allow more time for compliance
with the Board’s final standards. As originally written, section 508 would
take effect August 7, 2000. This date was based on final standards being
completed last February, which would have allowed six months before
enforcement provisions took effect.

The amended language (below) revises the effective date to 6
months from publication of the Board’s final standards, consistent with the
law’s intent. The amendment was included in a military appropriations bill
(Military Construction Appropriations Act for Fiscal Year 2001, P.L.
106-246) which Congress passed the previous week. This action is responsive
to industry concerns about sufficient time for compliance with the new
standards. However, it does not affect the Board’s work in finalizing the
standards, which the Board plans to complete as quickly as possible.

From the Military Construction Appropriations Act for Fiscal
Year 2001
(HR. 4425; P.L. 106-246; July 13, 2000)
SEC. 2405. Section 508(f)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 794d(f)(1)) is amended--

(1) in subparagraph (A), by striking `Effective' and all
that follows through `1998,' and inserting `Effective 6 months after the
date of publication by the Access Board of final standards described in
subsection (a)(2),'; and

(2) in subparagraph (B), by striking `2 years' and all that
follows and inserting `6 months after the date of publication by the Access
Board of final standards described in subsection (a)(2).'."

The sections of 508 to which this refers then become,

"(A) COMPLAINTS.--Effective 6 months after the date of
publication by the Access Board of final standards described in subsection
(a)(2), any individual with a disability may file a complaint alleging that
a Federal department or agency fails to comply with subsection (a)(1) in
providing electronic and information technology.

(B) APPLICATION.--This subsection shall apply only to
electronic and information technology that is procured by a Federal
department or agency not less than 6 months after the date of publication by
the Access Board of final standards described in subsection (a)(2)."

So the text in our document should reflect the modified 508:

"Finally, unlike its predecessor, beginning 6 months after
the date of publication by the Access Board of final standards, the amended
Section 508 allows individuals to file complaints against Federal agencies
alleging noncompliance with Section 508. Agencies receiving such complaints
are directed to utilize their existing complaint procedures for Section 504
of the Rehabilitation Act."

Given that the final rule was published in the Federal Register on December
21, 2000, a date that COULD be used would be June 1, 2001.

I think this confusion is manifested in several places that discuss history
of 508.

If this is not the right spot to raise these issues, please advise


-Rex-
Rex Lint, Consultant
Chair, Section 508 Working Group
Information Technology Ass'n of America
PH: 603-860-7651


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Jim Tobias
Sent: Wednesday, February 06, 2008 3:03 PM
To: 'TEITAC Committee'
Subject: [teitac-committee] TEITAC narrative

Hi All,

Attached is the review draft of the narrative sections of our report to the
Access Board.

Please look it over. Note that there are places where we know we need more
content, or where provision resolutions will require edits. If you have
suggested text for any of these, please send it along.

Keep in mind that this is supposed to be a narrative, an explanation of how
the recommended provisions got that way, not more room for arguing about the
provisions. But if you feel we got something wrong or misplaced emphasis,
let us know.

Logistics:
Editorial comments, including recommendations for structure: please just
send these to the EWG.
Content comments: send these however you wish, either as tracked changes in
Word or as separate text in an email, with a good subject.

Thanks.

***
Jim Tobias
Inclusive Technologies
+1.732.441.0831 v/tty
+1.908.907.2387 mobile
skype jimtobias

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