Accessible Technology Initiative (ATI)

Frequently Asked Questions About Section 508

Q. What is California Government Code 11135?

A. Government Code 11135 provides protection from discrimination from any program or activity that is conducted, funded directly by, or receives any financial assistance from the State of California. It brings into State law the protection of Title II of the ADA which ensures accessibility to government programs. It also codifies Section 508 of the Rehabilitation Act requiring accessibility of electronic and information technology.

Q. What is Section 508?

A. Section 508 is a part of the Rehabilitation Act of 1973 amended in 1998 through the Workforce Investment Act. It requires that electronic and information technology developed, procured, maintained or used by the federal government to be accessible to people with disabilities. The Electronic and Information Technology Accessibility Standards promulgated by the U.S. Access Board provide the accessibility requirements for mainstream technology. These federal requirements are codified in California Government Code 11135.

Q. What is the purpose of Section 508?

A. The 1986 version of Section 508 established non-binding guidelines for technology accessibility, while the 1998 version creates binding, enforceable standards and for incorporation into Federal procurement regulations. Federal agencies use these standards in all their electronic and information technology acquisitions. It promotes competition in the technology industry by clarifying the Federal marketplace requirement for accessibility in products intended for general use. The new version of Section 508 also establishes a complaint procedure and reporting requirements, which further strengthen the law.

Q. Do other countries have laws like Section 508?

A. At least 26 countries around the world have already adopted laws like Section 508 governing the accessible design of web sites. Access Web Accessibility: Web Standards and Regulatory Compliance by co-author Cynthia Waddell for more information. In addition, the European Union is engaged in an e-Accessibility initiative moving towards a mandate for member countries to procure accessible electronic and information technology. Beginning with the Design for All effort in 2000, the accessibility of information and communications technology (ICT) has been a priority in the European Union procurement policies. Japan, Canada and Australia are also engaged in accessible technology efforts.

Q. How does Government Code 11135 apply to CSU?

A. In 2003, the California State Legislature amended Government Code 11135 to require CSU to implement Section 508 and to apply the federal accessibility standards to the electronic and information technology (EIT) products and services that CSU buys, creates, uses and maintains.

CSU must incorporate Section 508 requirements into the EIT procurement process. CSU must also identify the complaint process for CSU faculty, staff, students and members of the public to communicate and resolve technology accessibility complaints with the vendor. Government Code 11135 prohibits discrimination on the basis of disability and incorporates protections and prohibitions from the Americans with Disabilities Act, as well as Sections 504 and 508 of the Rehabilitation Act.

CSU has developed policies, implementation procedures, training and education resources so that end-users and procurement officials can understand acquisition planning and contract solicitations for compliance with Government Code 11135. This is addressed in Executive Order 926 and relates to the CSU Board of Trustees policy on disability support and accommodations.

Q. Have other states implemented Government Code 11135 or similar laws?

A. Yes. Every state in the nation has adopted accessible web design laws or policies. In addition, many states have adopted accessible procurement and application development policies and/or laws. For a comprehensive matrix showing this activity as of 2005, visit the Information Technology Technical Assistance and Training Center. In 2006, the state of Florida joined the list of states codifying Section 508.

Q. What is meant by "electronic and information technology"?

A. The U.S. Access Board defined "electronic and information technology" to include "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." It includes computer hardware, software, networks, and peripherals as well as many electronic and communications devices commonly used in offices.

Q. What does the law mean by "accessible"?

A. The standards (www.access-board.gov/508.htm) developed by the Access Board explain the detailed technical and functional performance criteria that will determine whether a technology product or system is "accessible." In general, an information technology system is accessible to people with disabilities if it can be used in a variety of ways that do not depend on a single sense or ability. For example, a system that provides output only in audio format would not be accessible to people with hearing impairments, and a system that requires mouse actions to navigate would not be accessible to people who cannot use a mouse because of a dexterity or visual impairment.

Q. How is Section 508 different from the ADA?

A. Section 508 focuses on the overall accessibility of electronic and information technology systems, not on providing accommodations at individual worksites. This is different from the ADA which requires CSU to provide reasonable accommodations and auxiliary aids and services tailored to individuals with disabilities. However, even with an accessible system, individuals with disabilities may still need specific accessibility-related software or peripheral devices as an accommodation to be able to use it. For example, in order to use an accessible word-processing program, a person who is blind may need add-on software that reads text aloud. Section 508 supports interoperability and compatibility between the mainstream technology used (word-processing program) and the software that reads text aloud (screen reader).