The Evolution Of Section 508: Law And Implementation

Section 508 of the Rehabilitation Act of 1973 became law in 1998 when the U.S. Congress amended the Rehabilitation Act to require federal agencies to make their electronic and information technology accessible to people with disabilities. This law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508, federal agencies must give employees and members of the public with disabilities access to information comparable to that available to others.

Section 508's history

Section 508 of the Rehabilitation Act of 1973 was originally added as an amendment in 1986. This initial version of Section 508 dealt with electronic and information technologies, recognising the growth of this field. However, it was largely ineffective due to a lack of enforcement mechanisms.

In 1997, the Federal Electronic and Information Technology Accessibility and Compliance Act was proposed in the U.S. legislature to address the shortcomings of the original Section 508. The following year, in 1998, this act, with revisions, was enacted as the new Section 508 of the Rehabilitation Act of 1973. This amendment required federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities.

The U.S. Access Board is responsible for developing Information and Communication Technology (ICT) accessibility standards that are incorporated into regulations governing federal procurement practices. These standards ensure that federal agencies provide individuals with disabilities reasonable accommodation.

In 2006, the United States Access Board organised the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) to review and recommend updates to its Section 508 standards. TEITAC issued its report to the Board in April 2008, and the Board released drafts of proposed rules for public comment in 2010 and 2011.

In February 2015, the Board released a notice of proposed rulemaking for the Section 508 standards, and in 2017, the Section 508 Refresh came into effect. This was then updated in January 2018 to restore TTY access provisions, aligning web elements with the W3C's WCAG 2.0 AA criteria.

The latest information about the Section 508 standards, support available, and compliance survey results can be found in the Access Board's newsletter, 'Access Currents'. The General Services Administration 's Office of Government-wide Policy also plays a role in providing technical assistance to help federal agencies comply with these requirements.

The 1998 Amendment

In 1998, the U.S. Congress amended the Rehabilitation Act of 1973 to require federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. This amendment, known as Section 508, was enacted to eliminate barriers in information technology and create new opportunities for individuals with disabilities. It applies to all federal agencies when they develop, procure, maintain, or use EIT.

Under Section 508, federal agencies must give employees with disabilities and members of the public access to information that is comparable to that available to others. This means that individuals with disabilities must be able to access and use information and data in a similar way as those without disabilities. To achieve this, agencies may need to provide alternative means of access, such as assistive technologies or accommodations.

Section 508 does not mandate compliance for private websites unless they receive federal funding or are under contract with a federal agency. Commercial best practices include following voluntary standards and guidelines, such as the World Wide Web Consortium's (W3C) Web Accessibility Initiative (WAI). While automatic accessibility checkers refer to Section 508 guidelines, they often struggle to accurately test content accessibility.

In 2006, the United States Access Board formed the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) to review and recommend updates to its Section 508 standards. TEITAC issued its report in April 2008, leading to the release of proposed rules for public comment in 2010 and 2011. This process culminated in the Section 508 Refresh, which came into effect in 2017 and was updated in January 2018 to restore TTY access provisions.

The U.S. Access Board

The Access Board plays a crucial role in developing and maintaining design criteria for a range of areas, including the built environment, transit vehicles, telecommunications equipment, and electronic and information technology. Their work ensures that individuals with disabilities have equal access and opportunities.

In 2017, the Access Board published a final rule updating the accessibility requirements for Information and Communication Technology (ICT) covered by Section 508 of the Rehabilitation Act. This update aimed to address market trends and innovations in technology, ensuring that federal agencies' electronic and information technology is accessible to people with disabilities.

The Board's efforts extend beyond technology. They have issued guidelines to make pedestrian facilities, such as sidewalks and crosswalks, more accessible to individuals with disabilities. Additionally, the Access Board has published best practices for the design of accessible COVID-19 home tests, ensuring that everyone can access critical healthcare resources during the pandemic.

The U.S. General Services Administration (GSA) Office of Government-wide Policy (OGP) works closely with the Access Board to provide technical assistance to federal agencies. This collaboration ensures that agencies can comply with accessibility requirements and make their ICT systems usable for individuals with disabilities.

Section 508 Refresh

The Section 508 Refresh came into effect in 2017 and was updated in January 2018 to restore TTY access provisions. The refresh aligned web elements with the Web Content Accessibility Guidelines (WCAG) 2.0 AA criteria.

The Section 508 Refresh is a response to the changing nature of technology and market trends. It also harmonises requirements with other standards in the U.S. and abroad, including standards issued by the European Commission and the Web Content Accessibility Guidelines (WCAG 2.0) of the World Wide Web Consortium (W3C).

The refresh focuses on functionality, industry alignment, content accessibility, synchronised tools and technology, and an expanded marketplace. It requires that all public-facing official agency business content and specific categories of non-public-facing content that is official agency business must be accessible. It also clarifies that software and operating systems must interoperate with assistive technology.

The U.S. Access Board is responsible for developing Information and Communication Technology (ICT) accessibility standards. The General Services Administration (GSA) Office of Government-wide Policy (OGP) is tasked with providing technical assistance to help federal agencies comply with these requirements and ensure that covered ICT is accessible to and usable by individuals with disabilities.

To prepare for the update in standards, institutions can take several proactive steps, including:

• Contracting a third-party expert partner to review institutional accessibility policies and practices and craft a long-term plan to ensure compliance.
• Reviewing all public-facing websites and electronic documents to ensure compliance with WCAG 2.0 Level AA standards.
• Developing and publishing a policy to state the level of commitment and adherence to Section 508 and WCAG 2.0 Level AA.
• Creating an accessibility training plan for all individuals responsible for creating and publishing electronic content.
• Ensuring all ICT contracts, ROIs, and purchases include provisions for accessibility.
• Informing students of their rights related to accessibility and addressing concerns internally with timely resolutions.

Section 508 compliance

In 1998, Section 508 of the Rehabilitation Act of 1973 was amended by the U.S. Congress to require federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. The law applies to all federal agencies when they develop, procure, maintain, or use EIT. Under Section 508, agencies must give disabled employees and members of the public access to information comparable to the access available to others.

Section 508 was originally added as an amendment to the Rehabilitation Act of 1973 in 1986. This recognised the growth of electronic and information technologies. However, the original Section 508 was largely ineffective due to the lack of enforcement mechanisms.

In 1997, The Federal Electronic and Information Technology Accessibility and Compliance Act was proposed in the U.S. legislature to address the shortcomings of the original Section 508. With revisions, this act was enacted as the new Section 508 of the Rehabilitation Act of 1973 in 1998.

Section 508 addresses legal compliance through market research and government procurement and has technical standards against which products can be evaluated to determine if they meet technical compliance. The United States Access Board is responsible for developing Information and Communication Technology (ICT) accessibility standards to incorporate into regulations that govern federal procurement practices.

On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The rule updated and reorganised the Section 508 Standards and Section 255 Guidelines in response to market trends and innovations in technology. The refresh also harmonised these requirements with other guidelines and standards in the U.S. and abroad, including standards issued by the European Commission and the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG 2.0).

The General Services Administration (GSA) is responsible for providing technical assistance to help federal agencies comply with these requirements and ensure that covered ICT is accessible and usable by individuals with disabilities. While there have been slight improvements in the maturity of IT accessibility programs, the federal government continues to fall short of its legal and statutory obligations to ensure equal access for individuals with disabilities.

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