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RE: [FWD] Universities Legal Web Accessibility Update


From: sean keegan
Date: Nov 20, 2003 11:34AM

Just a question.

Does anyone have any citations (from either DOJ or Access Board)
demonstrating how Section 508 applies to the states via the Tech Act? I
have done some Google searching and found letters from different
government agencies saying why 508 should be applied to the states, but
nothing from the Access Board, Department of Justice, or in the Federal
Register. I have been to several presentations from the Access Board
and (perhaps I misunderstood), but it was mentioned that 508 only
applies to Federal Agencies and that the 508 requirements do not "follow
the money" as 504 requirements do. Additionally, when the Tech Act
legislation was signed, the 508 standards were not actually standards,
only recommendations. Perhaps some case law will make this more clear..

In any case, I agree with Kevin that whether or not 508 applies to the
states, post-secondary institutions should be preparing for this no
matter what. This is not something that is going to just "go away".


Sean Keegan

Web Accessibility Instructor

High Tech Center Training Unit for the

California Community Colleges

Cupertino, CA


-----Original Message-----
From: Kevin A Sesock [mailto: <EMAIL REMOVED> ]
Sent: Tuesday, November 18, 2003 10:37 AM
Subject: Re: [FWD] Universities Legal Web Accessibility Update

The fact that Section 508 does not apply to Postsecondary is simply not

Section 508 applies to federal agencies, and through the Tech Act, any
States (and their agencies) that accept monies for an Assistive
Technology Project. Since all states do accept these monies, Section 508
applies to the states as well. The question of whether or not Section
508 applies to Postsecondary State funded Public institutions has not
yet been decided by case law, but will, at some point. Additionally,
many states are in the process or have already adopted legislation that
mimics are expounds upon Section 508 and applies to all state agencies,
including Education.

It is true that Section 504 and ADA apply to Postsecondary, and these
require access to "programs and services" in an "equal and timely
manner". However, the fact that Section 508 doesn't apply (or,
ultimately, doesn't yet apply), is misleading. Universities should be
preparing for this no matter what.

Kevin A. Sesock, A+, NET+, CNA, MCSA
Assistive Technology/Accessibility Support
Information Technology Division
Oklahoma State University

"Hail to the speaker, hail to the knower; joy to he who has understood,
delight to they who have listened." --Odin


11/18/2003 12:10 PM
Please respond to webaim-forum

cc: (bcc: Kevin A Sesock/it/Okstate)
Subject: [FWD] Universities Legal Web Accessibility

I thought WebAIM readers might be interested in this unsolicited
info-advertisement I received from Usablenet. I found it more than a
little troubling that they seem to be promoting their text transcoder as
a solution to 504/ADA compliance:

"Basically, you need to offer good access to digital content and
offering a text mode would be an easy way to achieve this."

I expect this language will be very enticing to schools who want to/have
to make their sites accessible, especially the "easy" part. It's hard
work retrofitting a site for accessibility, and most
colleges/universities do not have centralized control and resources. The
idea of slapping a "text-only version" link on all pages and getting on
it is going to sound mightly attractive.

Does anyone else find this troubling?


--- Forwarded Message from <EMAIL REMOVED> ---

>Date: Tue, 18 Nov 2003 05:05:22 -0500
>Subject: Universities Legal Web Accessibility Update

We are seeing an increasing number of Universities create policies
around web accessibility and every day many people ask us, "what are the
legal requirements for our university's website"?

In summary:

You may not need to do as much as you once thought - Section 508 may not
apply to your University or College but Section 504 and the ADA do for
sure. Even if Section 508 does apply to you, you only have to worry
about meeting these standards for content created after June 21st 2001.
See full legal notes below.

With focus on solutions many Universities, including Penn State
University, have adopted a solution to address these two areas:

1. Content not affected by Section 508
Create a text mode dynamically based on the graphics mode: LIFT Text
Transcoder - see the Penn State page and how they use this tool:
Get a product demo:

2. Content affected by Section 508
Provide web designers with a tool that plugs into their authoring
environment and builds compliant content as-they-go: - see how Penn
State is using LIFT for Dreamweaver:
Get product demo: http://www.usablenet.com/frontend/demoform.jsp

Below we have outlined in detail, the current legal standards for US
Colleges and Universities in order to help you determine what you need
to do with YOUR content.

1. Does a University web site have to be Section 508 Compliant?

No! UNLESS you are a State Entity in a State that receives funds under
the Tech Act.

(Section 508 applies to Federal departments and agencies and does not
apply to recipients of Federal funds. However, states receiving Federal
funds under the Tech Act are required to comply with Section 508.

2. So, if Section 508 does not apply to my University, then what does?
And what do I have to do to meet those requirements?

You must comply with the standards set by Section 504 of the
Rehabilitation Act and the ADA.

Basically, you need to offer good access to digital content and offering
a text mode would be an easy way to achieve this.

Specifically the U.S. Department of Justice (USDOJ) has issued only one
policy ruling letter concerning web site accessibility, dated September
9, 1996 - Under the rationale of "effective communication", the USDOJ
Letter states that ADA Titles II and III require state and local
government entities and the business sector (including Universities) to
effectively reach all users when communicating via the Internet. The
effective communication rule applies to entities using the Internet to
convey information about their programs, goods or services and they must
be prepared to do so via an accessible medium.

Specifically addressing the needs of people with visual disabilities,
the USDOJ Letter points out that providing a text format rather than a
graphical format ensures the accessibility of the Internet for
individuals using screen readers.
(source: http://www.icdri.org/CynthiaW/the_digital_divide.htm)

3. If Section 508 applies to my University what do I have to do?

If you are a State Entity and your state receives funds under the Tech
Act then you have to follow the content requirements set out under
section 508 for content created AFTER June 21st 2001. See:
All content created prior to this date is not subject to Section 508 but
would be covered by Section 504 and the ADA (see #2 above)

4. Are there any other laws that I need to be aware of?

Yes, if you are a State Entity, you may be affected by a Law that has
been passed in your individual state. You should check with your State
CIO office for an update on what is required.

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