Oklahoma § 62-34.28 - Accessibility of information technology for individuals

§ 62-34.28. Accessibility of information technology for individuals

with disabilities – Undue burden – Rules.

A. The Information Services Division of the Office of

Management and Enterprise Services shall work to assure state

compliance regarding accessibility of information technology for

individuals with disabilities based on the provisions of Section 508

of the Workforce Investment Act of 1998.

B. When developing, procuring, maintaining or using information

technology, or when administering contracts or grants that include

the procurement, development, upgrading, or replacement of

information technology each state agency shall ensure, unless an

undue burden would be imposed on the agency, that the information

technology allows employees, program participants, and members of

the general public access to use of information and data that is

comparable to the access by individuals without disabilities.

C. To assure accessibility, the Information Services Division

shall:

1. Adopt accessibility standards that address all technical

standard categories of Section 508 of the Workforce Investment Act

of 1998 to be used by each state agency in the procurement of

information technology, and in the development and implementation of

custom-designed information technology systems, Web sites, and other

emerging information technology systems;

2. Adopt an accessibility clause which shall be included in all

contracts for the procurement of information technology by or for

the use of state agencies;

3. Establish and implement a review procedure to be used to

evaluate the accessibility of custom-designed information technology

Oklahoma Statutes - Title 62. Public Finance

systems proposed by a state agency prior to expenditure of state

funds;

4. Review and evaluate accessibility of information technology

commonly purchased by state agencies, and provide accessibility

reports on such products to those responsible for purchasing

decisions;

5. Provide in partnership with Oklahoma Able Tech, the state

assistive technology program located at Oklahoma State University,

training and technical assistance for state agencies to assure

procurement of information technology that meets adopted

accessibility standards;

6. Consult with the State Department of Rehabilitation Services

and individuals with disabilities in accessibility reviews of

information technology and in the delivery of training and technical

assistance;

7. Establish complaint procedures, consistent with Section 508

of the Workforce Development Act of 1998, to be used by an

individual who alleges that a state agency fails to comply with the

provisions of this section;

8. Work with and seek advice from the Electronic and

Information Technology Accessibility Advisory Council, created in

Section 34.30 of this title in developing accessibility standards

and complaint procedures as required in this section; and

9. Require state agencies to submit evidence of assurance of

compliance with state standards on accessibility of information

technology for individuals with disabilities developed in accordance

with this section.

D. The Director of the Office of Management and Enterprise

Services shall promulgate rules, as necessary, to implement the

provisions of this section.

Added by Laws 2004, c. 128, § 2, eff. July 1, 2004. Amended by Laws

2005, c. 391, § 3, eff. July 1, 2005. Renumbered from § 41.5t of

this title by Laws 2009, c. 441, § 64, eff. July 1, 2009. Amended

by Laws 2009, c. 451, § 17, eff. April 5, 2010; Laws 2012, c. 304, §

361; Laws 2013, c. 358, § 18, eff. July 1, 2013.

NOTE: Laws 2009, c. 451, § 26, provides: "The provisions of

Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be

effective and shall become operative on the effective date of the

appointment of the first Chief Information Officer by the Governor

as provided for in Section 2 of this act." The first Chief

Information Officer was appointed by the Governor on April 5, 2010.