- From: Larry G. Hull <Larry.G.Hull@nasa.gov>
- Date: Thu, 22 May 2003 13:51:17 -0400
- To: Andrew Kirkpatrick <andrew_kirkpatrick@wgbh.org>
- Cc: "Nissen, Dan E" <Dan.Nissen@unisys.com>, w3c-wai-ig@w3.org
Andrew, I'm not a lawyer so I won't try to discuss the language, however.... When it comes to addressing Section 508 complaints, as far as I'm aware, my agency doesn't distinguish between the very large number of Web sites developed and maintained by our contractors (i.e., procured) and the smaller number of sites developed solely by employees. Larry At 12:36 PM -0400 5/22/03, Andrew Kirkpatrick wrote: >Larry, >There are provisions that cover procurement and development, but the >enforcement section only refers to procurement. [29 U.S.C. § 794d.f.1.b] > >See http://www.access-board.gov/sec508/guide/act.htm > >(f) Enforcement >(1) General >(A) Complaints >Effective 6 months after the date of publication by the Access Board of >final standards described in subsection (a) (2), any individual with a >disability may file a complaint alleging that a Federal department or agency >fails to comply with subsection (a)(1) of this section in providing >electronic and information technology. >(B) Application >This subsection shall apply only to electronic and information technology >that is procured by a Federal department or agency not less than 6 months >after the date of publication by the Access Board of final standards >described in subsection (a) (2). >(2) Administrative complaints >Complaints filed under paragraph (1) shall be filed with the Federal >department or agency alleged to be in noncompliance. The Federal department >or agency receiving the complaint shall apply the complaint procedures >established to implement section 794 of this title for resolving allegations >of discrimination in a federally conducted program or activity. >(3) Civil actions >The remedies, procedures, and rights set forth in sections 794a(a)(2) and >794a(b) of this title shall be the remedies, procedures, and rights >available to any individual with a disability filing a complaint under >paragraph (1). > > > >On 5/22/03 12:05 PM, "Larry G. Hull" <Larry.G.Hull@nasa.gov> wrote: > >> Yes, Section 508 has procurement provisions but two of the provisions >> specifically cover software development and Web sites whether done >> under contract or inhouse by Federal employees. Unfortunately, >> education is a long term and continuous process not an instantaneous >> one and, as I've found more than once, instruction does not ensure >> understanding. > >>> This dialogue is based on a common misperception of the law that is Section >>> 508. First of all, Section 508 is a procurement provision, meaning that it > >> operates in the acquisition process. It does not apply to existing > >> systems, and it does not seem to apply to work done by Federal employees. > >-- >Andrew Kirkpatrick >CPB/WGBH National Center for Accessible Media >125 Western Ave. >Boston, MA 02134 >E-mail: andrew_kirkpatrick@wgbh.org >Web site: ncam.wgbh.org > >617-300-4420 (direct voice/FAX) >617-300-3400 (main NCAM) >617-300-2489 (TTY) > >WGBH enriches people's lives through programs and services that educate, >inspire, and entertain, fostering citizenship and culture, the joy of >learning, and the power of diverse perspectives.
Received on Thursday, 22 May 2003 13:52:11 UTC