Section 508 - Rehabilitation Act of 1973
EITA Electronic and Information Technology Accessibility Law
Section 508 of the Rehabilitation Act of 1973 requires that all electronic and information technologies developed and used by any Federal government agency must be accessible to people with disabilities. This includes websites, video and audio tapes, electronic books, televised programs, and other such media. Individuals with disabilities may still have to use special hardware and/or software to access the resources.
In April 2004, the Oklahoma Legislature adopted House Bill 2197 modeling federal Section 508 of the Rehabilitation Act to improve the accessibility of electronic and information technology. The law pertains to state agencies, post-secondary institutions, and the Oklahoma Department of Career and Technology Education system.
In accordance with the requirements of the Americans with Disabilities Act of 1990, Section 508 of the Rehabilitation Act of 1973, Oklahoma Administrative Code 260:15 and Oklahoma Statute: Title 62 Section 34, the Oklahoma Department of Transportation (ODOT) will not and does not discriminate against qualified individuals with disabilities on the basis of disability in ODOT services, programs, activities, or employment practices. ODOT will provide reasonable accommodations for persons with disabilities, upon request. To request an accommodation, please call the ADA/504/508 Coordinator at 405-521-4140 or Oklahoma Relay at 1-800-722-0353, no later than 72 hours before any scheduled event.
In the event an individual believes that the Department has failed to comply with the Americans with Disabilities Act of 1990 and Section 508 of the Rehabilitation Act of 1973, the individual or group of individuals may file a complaint with the Department. The process for filing a Section 508 Complaint will be as follows:
1. A written complaint should be filed using the Department’s Section 508 Complaint form (Form 508-01). Copies of this form may be printed from the Department website or a copy may be obtained by contacting the ADA/504/508 Coordinator.
2. Upon receipt of a complaint, the ADA/504/508 Coordinator will review the complaint to determine whether the technology listed in the complaint is subject to the IT accessibility standards.
3. The Coordinator will then send a written notice to the complainant within ten (10) business days, excluding holidays, from the receipt of the written complaint, which will include:
- a statement indicating whether the technology in question is or is not subject to the IT Accessibility Standards;
- a statement that the agency will conduct a review to confirm whether the technology in question is non-compliant, if the technology in question has been determined to be subject to the IT Accessibility Standards; and
- a copy of these complaint procedures.
4. The Coordinator will conduct a review within thirty (30) days from the receipt of the written complaint to determine whether the technology in question is non compliant. The Information Services Director, Office of State Finance and/or the Electronic and Information Technology Accessibility (EITA) Advisory Council Department IT Steering Committee and the Web Administrator may assist the review, if necessary. Upon completion of the review, the agency shall provide written notice of the results of the review to the complainant, the Office of State Finance and the EITA Advisory Council, which shall include one of the following:
- Documentation that the technology conforms to all applicable accessibility standards
- A documented explanation that any non-conformance with accessibility standards was exempted due to an exception or undue burden; or
- An agreement in part or in whole with the written complaint that includes a plan with
5. Reasonable timelines for conforming to applicable IT Accessibility Standards.the Department will then provide a written decision to the complainant. In the event that the complainant is not satisfied with the final complaint response issued by an agency, an appeal can be filed with the Information Services Director of the Office of State Finance (OSF).
Section 508 Appeal Process
In the event that the complainant is not satisfied with the final complaint response issued by an Department, an appeal can be filed as follows:
1. An appeal may be filed with the Department’s Civil Rights Administrator or with the Information Services Director of the Office of State Finance (OSF). The appeal must be filed in writing and must provide detailed information with a copy of the initial complaint attached.
Civil Rights Division
Attn: Jenny Allen, Civil Rights Administrator
200 N.E. 21st Street
Oklahoma City, OK. 73105
Oklahoma Relay: 1-800-722-0353
Office of State Finance
Chief Information Officer
2300 N. Lincoln Blvd., Room 122
Oklahoma City, OK. 73105
2. A review team will convene to review the complaint and the agency response. Members of this team shall include a representative of the IT Services Division of OSF, a representative of the EITA Advisory Council and may include additional members with technical expertise needed to determine conformance with the accessibility standards.
3. Written notice of receipt of a complaint pursuant to this section shall be sent to the complainant, within ten (10) business days, excluding holidays, from the date the complaint is filed with either entity.
4. The review team shall evaluate the complaint and the agency response and may gather additional information as necessary to render an independent decision.
- If the review team determines the technology does not comply with IT Accessibility Standards, the team shall send written notice to the agency of such findings and request a plan of resolution including timelines.
- The team shall also send written notice of their findings to the complainant and the agency indicating an agreement or disagreement with the agency’s initial complaint response. If the technology in question is out of compliance, the written notice shall also include a copy of the agency’s plan for resolution.
5. The review team must conclude this review and send the final written notice to the complainant and the agency no later than sixty (60) calendar days from the receipt of the written complaint with the OSF.