Section 508 - Rehabilitation Act of 1973
EITA Electronic and Information Technology Accessibility Law
The Oklahoma Department of Transportation (ODOT) is committed to the principles of Section 508 of the Rehabilitation Act of 1973. The Department shall ensure, unless an undue burden is imposed on the agency, that when developing, procuring, maintaining or using electronic & information technology that it allows employees, program participants and members of the public with disabilities, access to, and use of, information and data that is comparable to access and use by individuals without disabilities.
The Oklahoma Electronic Information Technology Accessibility (EITA) Act was passed into law in 2004, which was modeled after Section 508 of the Federal Rehabilitation Act. This law resulted in the creation of standards designed to make information and communication technology accessible for persons with disabilities. When the State of Oklahoma first published its standards in July 2005, it made Oklahoma one of the few states at the time to have its own standards aimed at improving the accessibility of information and communication technology used by the state.
Since that time, rapid technological advancements have occurred in our world. iPads and smartphones are examples of devices that are in wide use today-yet were not in use at the time Oklahoma adopted its information and communication technology standards. For Oklahoma to continue to be a leader in providing accessible technology to all of its citizens, it is necessary to update its standards.
Effective January 18, 2018, the federal Section 508 standards were refreshed in order to update information and communication technology accessibility requirements. One of the most significant changes was to incorporate the technical requirements of Web Content Accessibility Guidelines (WCAG) 2.0 in reference to accessibility of websites and other digital content such as software applications and electronic documents. This was important, because the previous Section 508 standards were outdated.
By adopting standards based on refreshed Section 508 standards-which includes both information and communication technology-the State of Oklahoma will make government more transparent, available, and useful for those with disabilities, in accordance with the purpose of Oklahoma law. Therefore, effective March 1, 2020, the Information Technology Accessibility Standards as published July 1, 2005 and revised on June 2012, shall be repealed and replaced with the Information and Communication Technology Accessibility Standards as contained in this document.
Federal Section 508 Electronic and Information Technology Accessibility Standards can be currently located at: https://www.access-board.gov/guidelines-and-standards/communications-and-it
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 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;
- 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 State Chief Information Officer (CIO) or a designee may assist with the review, if necessary.
5. Upon completion of the review, the agency shall provide a written notice of the results of the review to the complainant and the Oklahoma Management Enterprise Services (OMES), which shall include one of the following:
a) Documentation that the technology conforms to all applicable accessibility standards.
b) A documented explanation that any non-conformance with accessibility standards was exempted due to an exception or undue burden; or
c) An agreement in part or in whole with the written complaint that includes a plan with reasonable timelines for conforming to applicable IT Accessibility Standards.
Complaint Appeal Process
1. In the event that the complainant is not satisfied with the final complaint response issued by the Department, a complaint may be refiled with the agency or with the State CIO.
2. Whenever a complaint is filed with the State CIO pursuant to this section, a review team will convene to review the complaint and the agency response. Members of this team shall include a representative of the Information Services Division of OMES or a designee; a representative of Oklahoma ABLE Tech and may include additional members with technical expertise needed to determine conformance with the 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.
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 OMES.
6. Any actions, decisions or individual proceedings that may occur as a result of a formal complaint shall be in accordance with 75 O.S. §250 et seq.
Individuals can also refer to the Oklahoma Management and Enterprise Services - Information Services (https://omes.ok.gov/services/information-services).
The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons shall, on the grounds of race, color, sex, religion, national origin, age, disability, retaliation or genetic information, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all programs, services, or activities administered by ODOT, its recipients, sub-recipients, and contractors.