Law / United States / 
Kentucky
Kentucky access requirements for state and state-assisted information technology equipment and software, with the definitions, exclusions and injunctive remedy of KRS 61.980 to 61.988
In force since .
An accessibility requirements rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Governance
- Conformance standard
- US Section 508 standards
What it requires
- If you are the head of a covered entity (the state, or a state-assisted organization, that is a college, university, nonprofit organization, person, political subdivision, school system or other entity supported in whole or in part by state funds), ensure that the information technology equipment and software your employees, program participants and the general public use give individuals with disabilities, including blind, visually impaired, deaf and hard of hearing individuals, access, including interactive use of equipment and services, equivalent to the access provided to individuals who are not disabled (KRS 61.982(1) and KRS 61.980(4) and (10)).
- Ensure that the equipment and software are designed to present information, including prompts used for interactive communication, in formats intended for both visual and nonvisual use (KRS 61.982(2)).
- Ensure that the equipment and software were purchased under a contract that includes the technology access clause required by KRS 61.984 (KRS 61.982(3)).
- Do not approve excluding the technology access clause from a contract with respect to the compatibility of standard operating systems and software with nonvisual access or other assistive software, peripheral devices or assistive technology, or the initial design, development and installation of information systems, including the design and procurement of interactive equipment and software; exclusion for other access software, peripheral devices and assistive technology is available only where their cost presents an undue burden (KRS 61.986(1) and (2)).
- Make sure the applications programs and underlying operating system, including the format of the data, that you use to manipulate and present information permit the installation and effective use of nonvisual access software and peripheral devices, even where you need not install that software because the technology is used by individuals who are not disabled (KRS 61.986(3)).
- Bring information technology purchased before into compliance when you upgrade or replace the existing equipment or software (KRS 61.986(4)).
These lines are LexLint's reading of the law's text.
What this law does
The head of each covered entity must ensure that information technology equipment and software used by the entity's employees, program participants, and the general public provide individuals with disabilities with access, including interactive use of equipment and services, that is equivalent to the access provided individuals who are not disabled. A covered entity is the state or any state-assisted organization.
A state-assisted organization includes a college, university, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds.
Access means the ability to receive, use, and manipulate data and operate controls included in information technology to be in compliance with nationally accepted accessibility and usability standards such as those established by Section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Federal Workforce Investment Act of 1998.
The equipment and software must be designed to present information, including prompts used for interactive communication, in formats intended for both visual and nonvisual use. The equipment and software must have been purchased under a contract that includes the technology access clause required by KRS 61.984.
The head of a covered entity may approve the exclusion of the technology access clause with respect to access software or peripheral devices and other assistive technology if their cost presents an undue burden.
The head of a covered entity may not approve the exclusion of the clause from a contract with respect to the compatibility of standard operating systems and software with nonvisual access or other assistive software, peripheral devices, or any assistive technology, or the initial design, development, and installation of information systems.
Nonvisual or alternative access software or peripheral devices need not be installed where the information technology is used by individuals who are not blind, visually impaired or otherwise disabled, but the applications programs and underlying operating system, including the format of the data, used to manipulate and present information must permit the installation and effective use of nonvisual access software and peripheral devices.
Information technology purchased before must be brought into compliance when the covered entity upgrades or replaces the existing equipment or software, and nothing in the sections requires replacing or upgrading existing equipment or software. Any person injured by a violation may bring an action for injunctive relief in the Circuit Court of the county in which the person resides or in which the covered entity is located, within four years after the cause of action accrues. KRS 61.982 was created by chapter 536 of the 2000 Kentucky Acts, effective .
When LexLint raises it
When your app profile says your app ships a consumer interface.
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