Law / United States / Kentucky

Kentucky technology access clause required in state and state-assisted information technology contracts, with alternative and nonvisual access standards

KRS 61.984 and 61.986

In force since .

A procurement conditions rule binding public and private bodies.

Conformance standard
US Section 508 standards

What it requires

  • If you sell information technology to the state or to a state-assisted organization (a college, university, political subdivision, school system or other entity supported in whole or in part by state funds), expect the contract to include the technology access clause that the Finance and Administration Cabinet develops, which requires compliance with the alternative and nonvisual access standards (KRS 61.984(1) and KRS 61.980(4) and (10)).
  • Make effective, interactive control and use of the technology, including the operating system, applications programs and the format of the data presented, readily achievable by alternative and nonvisual means (KRS 61.984(2)(a)).
  • Equip the technology for alternative and nonvisual access so that it is compatible with information technology used by other individuals with whom the person with a disability, including a blind or visually impaired individual, must interact (KRS 61.984(2)(b)).
  • Integrate alternative and nonvisual access technology into networks used to share communications among employees, program participants and the public (KRS 61.984(2)(c)).
  • Give the technology for alternative or nonvisual access the capability of providing equivalent access by nonvisual or other alternative means to telecommunications or other interconnected network services used by persons who are not disabled (KRS 61.984(2)(d)).

These lines are LexLint's reading of the law's text.

What it reaches

Obligation class

Contract terms

Applicability criteria

The head of a covered entity may approve excluding the clause for access software, peripheral devices and other assistive technology whose cost presents an undue burden, but not for the compatibility of standard operating systems and software with nonvisual access or for the initial design, development and installation of information systems (KRS 61.986(1) and (2)).

As of
Combinator
All of
Criteria
sells information technology to the state or a state-assisted organization, in a contract entered into after for procurement by, or for the use of, a covered entity (KRS 61.984(1))

What this law does

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Research summary

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The Finance and Administration Cabinet must develop a technology access clause that complies with Section 255 of the Federal Telecommunication Act of 1996 and with Section 508 of the Federal Workforce Investment Act of 1998 and establishes alternative, including nonvisual, access standards for use in the procurement of information technology by covered entities.

The clause must require compliance with those standards and must be included in all contracts entered into after for the procurement of information technology by, or for the use of, covered entities, except as KRS 61.986 provides. The standards must make effective, interactive control and use of the technology, including the operating system, applications programs, and format of the data presented, readily achievable by alternative and nonvisual means.

The technology equipped for alternative and nonvisual access must be compatible with information technology used by other individuals with whom the person with a disability, including the blind or visually impaired individual, must interact. Alternative and nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public.

The technology for alternative or nonvisual access must have the capability of providing equivalent access by nonvisual or other alternative means to telecommunications or other interconnected network services used by persons who are not disabled. The technology access clause requirement took effect on .

When LexLint raises it

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