ALA | State Laws

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State Laws

In addition to the three key federal laws governing accessibility, many states have enacted state counterparts to accessibility laws. Indeed, for many years, several state laws have addressed the accessibility of instructional materials for people with disabilities. More than half of the states have "Braille laws" to simplify the translation of print instructional materials into Braille for blind students. Some of these state laws require publishers to produce the material in an electronic format that can be easily translated into Braille, while others leave the translation responsibility to school districts.

In recent years, some states have adopted accessibility laws that extend beyond providing accessible materials for blind and visually impaired students. States including Kentucky, California, Maryland, Maine, Minnesota, Missouri, Texas, Nebraska, Indiana, North Carolina, Arkansas, and West Virginia have adopted broader laws governing the procurement of accessible electronic and information technology. In addition, many states have adopted laws and policies aimed at ensuring the accessibility of state and local government websites. Some of these laws are extremely far-reaching, and in essence apply the standards of accessibility set forth in Section 508 of the Rehab Act to all state funded programs and services. For example, Kentucky enacted the "Accessible Information Technology" statute in 2000 which requires that information technology and software, whether used by employees, program participants or the general public, provide access to persons with disabilities that is "equivalent to the access provided individuals who are not disabled, blind or visually impaired, or deaf or hard of hearing." Kentucky procurement law specifically requires IT vendors to sign a technology access certification that affirms compliance with Section 508 and Section 255 of the 1996 Telecommunications Act as well as with specific state standards. Many other states now have similar laws that in many instances do apply to public libraries.

Because of the diversity of state laws and the different ways local governments and thus local libraries are subject to state procurement laws, it is important to consult with legal counsel to determine the standards to which your library may be subject before you make information technology purchases.

Further information:

State Braille Laws:
http://www.afb.org/info_document_view.asp?documentid=360

State Laws on Accessibility and Information Technology:
http://www.ittatc.org/laws/stateLawAtGlance.cfm
http://www.ataporg.org/summary.htm
http://www.ittatc.org/laws/state_prototype.cfm