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Section 508 Legal Background

 

508 Legal Background
The federal Workforce Investment Act of 1998 amended Section 508 of the Rehabilitation Act of 1973. Under the amended Section 508, federal departments or agencies that develop, procure, maintain, or use "electronic and information technology" (EIT) must ensure that the EIT allows federal employees with disabilities to have access to and use of information and data that is comparable to the access and use of information and data by other federal employees.

The amended Section 508 also required that members of the public with disabilities who seek information from the federal departments or agencies must have access to and use of information and data that is comparable to that provided to the public without disabilities.

The 1998 amendment to the Rehabilitation Act: Section 508 (29 U.S.C. § 794d) Part 1194 Subpart § 1194.22 is entitled “Web-based intranet and internet information and application. 16 rules.” The rules may be found online at: http://www.section508.gov/final_text.html#Web.

A note to § 1194.22 references the W3C guidelines and checklist for web document development. This information can be found at
http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505/full-checklist.html
.

According to the Note, web pages shall meet all priority one checkpoints on the W3C checklist plus the additional requirements imposed by the last four of the sixteen rules outlined in this portion of Section 508.

Pursuant to the regulatory framework established by Section 508 as amended, the federal Architectural and Transportation Barriers Compliance Board published on December 21, 2000 standards (Accessibility Standards) to define EIT and the technical and functional performance criteria necessary for accessibility.

On April 25, 2001, the Federal Acquisition Regulatory Council published final rules that amend the FARS to incorporate the Accessibility Standards. The amended FARs ("Section 508 FARs") are effective as of June 25, 2001. More in-depth discussion may be found under the appropriate Subpart in the Final Rule document issued by the Architectural and Transportation Barriers Compliance Board viewable at
http://www.access-board.gov/sec508/508standards.htm. This document was published in the Federal Register on December 21, 2000 and was effective February 20, 2001. The date for compliance to the Final Rule was August 20, 2001.

The Section 508 FARs do not establish a common means of assessing compliance with the Accessibility Standards. The government's Section 508 web site at http://www.section508.gov, however, does provide information on how to meet the Accessibility Standards.


 
The 1998 amendment to the Rehabilitation Act: Section 508 (29 U.S.C. § 794d) Part 1194 Subpart § 1194.22 is entitled “Web-based intranet and internet information and application. 16 rules.”

(a) A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).
(b) Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.
(c) Web pages shall be designed so that all information conveyed with color is also available without color, for example from context or markup.
(d) Documents shall be organized so they are readable without requiring an associated style sheet.
(e) Redundant text links shall be provided for each active region of a server-side image map.
(f) Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
(g) Row and column headers shall be identified for data tables.
(h) Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
(i) Frames shall be titled with text that facilitates frame identification and navigation.
(j) Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(k) A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
(l) When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assisting technology.
(m) When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with §1194.21(a) through (l).
(n) When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
(o) A method shall be provided that permits users to skip repetitive navigation links.
(p) When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.


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