Law / United States / 
West Virginia
Information technology access for the blind and visually impaired: nonvisual access standards, state agency plans and compatibility of the information technology state agencies use
W. Va. Code secs. 18-10N-3 and 18-10N-4
In force since .
An accessibility requirements rule binding government bodies.
- Obligation class
- Governance, Disclosure
What it requires
- If you are the Purchasing Division of the West Virginia Department of Administration, develop nonvisual access standards for the information technology systems state agencies employ, so that blind or visually impaired individuals have full and equal access to information stored electronically by state agencies through compatibility with adaptive technology systems (section 18-10N-3(a)(1)).
- Design those standards so that information, including prompts used for interactive communications, is presented in formats intended for both visual and nonvisual use, such as text-only options (section 18-10N-3(a)(2)).
- Consult state agencies and representatives of individuals who are blind or visually impaired in developing the standards and the procurement criteria (section 18-10N-3(b)).
- Approve minimum standards and criteria for approving or rejecting state agency procurements of adaptive technologies for nonvisual access uses (section 18-10N-4(a)).
- If you supply information technology to a West Virginia state agency, make the applications, programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information permit the installation and effective use of nonvisual access software and peripheral devices, and be compatible with them (section 18-10N-4(c)).
- The article does not require the installation of nonvisual access software or peripheral devices when the information technology is used by individuals who are not blind or visually impaired, and it does not require a state agency to buy nonvisual adaptive equipment (section 18-10N-4(b)).
- For information technology a state agency purchased before , compliance is achieved when the agency procures an upgrade or replacement of the equipment or software (section 18-10N-4(d)).
- If you are the head of a state agency, establish a written plan and develop any proposed budget requests for implementing the nonvisual access standards for your agency at facilities accessible by the public (section 18-10N-3(c)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18-10N-3(a) required the Purchasing Division of the Department of Administration, on or before , to develop nonvisual access standards for information technology systems that state agencies employ, giving blind or visually impaired individuals full and equal access to information stored electronically by state agencies through compatibility with adaptive technology systems.
Those standards must also be designed to present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use, such as the use of text-only options. Section 18-10N-3(b) requires the Purchasing Division to consult with state agencies and representatives of individuals who are blind or visually impaired in developing the standards and the procurement criteria.
Section 18-10N-3(c) requires the head of each state agency to establish a written plan and develop any proposed budget requests for implementing the nonvisual access standards for the agency at facilities accessible by the public. Section 18-10N-4(a) required the Purchasing Division, on or before , to approve minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual access uses.
Section 18-10N-4(c) requires the applications, programs and underlying operating systems, including the format of the data, used for the manipulation and presentation of information to permit the installation and effective use of, and to be compatible with, nonvisual access software and peripheral devices.
Section 18-10N-4(b) provides that the article does not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired, and does not require a state agency to buy nonvisual adaptive equipment.
Section 18-10N-4(d) provides that compliance for information technology purchased before is achieved at the time of procurement of an upgrade or replacement of the equipment or software. The article defines information technology as all electronic information processing hardware and software, including telecommunications. The article defines a state agency as the state or any of its departments, agencies or boards or commissions.
The Legislature found that presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired. Senate Bill 476 of the 2001 Regular Session, in effect from passage on , added the article.
When LexLint raises it
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