Law / United States / 
Kansas
ITEC Policy 1210-P, accessibility of information and communication technology of executive branch state entities
ITEC Policy 1210-P, ICT Accessibility Policy, sections 6.1 to 6.3
In force since .
An accessibility requirements rule binding government bodies.
- Obligation class
- Governance
- Conformance standard
- US Section 508 standards, WCAG 2.1 AA
What it requires
- If you are a board, commission, department, division or agency of the executive branch of Kansas state government, make all information and communication technology you procure, develop, maintain or use, including that provided or made available through contractual, licensing or other arrangements, conform to the Revised Section 508 Standards, the ADA Title II Regulations Subpart H and WCAG 2.1 levels A and AA (ITEC Policy 1210-P, sections 6.1, 6.2 and 6.2.1 to 6.2.3).
- Meet those requirements as of , noting that archived web content, conventional electronic documents made available before that date (unless currently used to apply for, gain access to or participate in the entity's services, programs or activities) and preexisting social media posts need not conform (sections 6.3 and 6.4.1 to 6.4.4).
- Content posted by a third party need conform only where the third party posts due to contractual, licensing or other arrangements with the entity (section 6.4.3).
- To rely on the undue burden or fundamental alteration exception, document the basis in writing, submit it to the State ADA Coordinator, obtain approval before deploying the information and communication technology, and give individuals with disabilities access by an alternative means that meets identified needs (sections 6.4.8 to 6.4.8.3).
- The head of each entity must establish procedures for the organization to comply with the policy (section 7.1).
These lines are LexLint's reading of the law's text.
What this law does
ITEC Policy 1210-P Revision 4 applies to all boards, commissions, departments, divisions and agencies of the executive branch of state government, and legislative, judicial and other non-executive branch organizations are encouraged to follow it. Section 2.0 of the policy states that compliance with its standards is mandatory for the organizations specified in section 3.0.
Section 6.2 requires information and communication technology that executive branch entities procure, develop, maintain or use, including that provided or made available through contractual, licensing or other arrangements, to conform to the Revised Section 508 Standards, the ADA Title II Regulations Subpart H and WCAG 2.1 levels A and AA. Section 6.3 requires all entity information and communication technology to meet the requirements of section 6.2 by the effective date of .
The policy rests on section 75-7203 of the Kansas Statutes Annotated, which authorizes the Information Technology Executive Council to adopt information technology resource policies and procedures for all executive branch entities.
Section 75-7203(a) authorizes the Information Technology Executive Council to adopt such policies and rules and regulations as necessary to implement, administer and enforce the provisions of the act, and section 75-7203(b)(1)(A), in the text printed through , directs the council to adopt information technology resource policies and procedures and project management methodologies for all executive branch agencies; L. 2024, ch. 95, sec. 21 amended section 75-7203 again on and after .
Section 75-7205(b)(4) directs the executive chief information technology officer to monitor executive agencies' compliance with the information technology resource policies and procedures adopted by the council.
Section 6.4 exempts archived web content, conventional electronic documents made available before unless currently used to apply for or participate in the entity's services, and preexisting social media posts, and exempts content posted by a third party unless the third party is posting due to contractual, licensing or other arrangements with the entity.
Section 6.4.5 exempts information and communication technology not subject to the ADA Title II Regulations Subpart H that is operated as part of a national security system or an analogous state public safety or law enforcement system. Section 6.4.7 exempts status indicators and operable parts located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment.
Under section 6.4.8.2.4, a request for an undue burden or fundamental alteration exception must be submitted to the State ADA Coordinator and approved before the information and communication technology is deployed. Section 7.1 makes the heads of entities responsible for establishing procedures for their organizations to comply with the policy.
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