At 11/28/2001 Kerri Hicks asked with regard to Sect. 508:

>So unless a public university is considered a Federal agency (and
they're
>not, as far as I know), how does this apply?

Sect. 508 may possibly reach beyond federal agencies; it may affect
states and, possibly, educational institutions. While Section 508 speaks
about "requirements for Federal department and agencies"
[http://www.access-board.gov/about/Rehab%20Act%20Amend-508.htm ], the US
Department of Education asserts that "states which receive Federal funds
under the Technology Related Assistance for Individuals with
Disabilities Act of 1988, are required by that Act to comply with
Section 508" 
[http://www.usdoj.gov/crt/508/archive/deptofed.html].

For the time being, the applicability of Sect. 508 is a highly
controversial issue. As Doug Wakefield of the U.S. Access Board pointed
out at a recent conference presentation, the legal uncertainty is
unlikely to get resolved as long as crucial positions in the
administration are filled by "acting" individuals.

The fact is that different institutions of higher learning--even
institutions within the same state--have taken different positions on
this issue. Perhaps most blatant (almost to the point of amusement) is
the contrast between the stances taken by California State University
(Office of General Council) and California Community Colleges
(Chancellor's Office, Legal Opinion M 01-17 ): 

California State University
[http://www.csus.edu/web/accessibility/CSU_508_memo.htm]:

"The Office of General Counsel has reviewed relevant statutes and
regulations and concluded that the CSU is not required to comply with
section 508." ...

"Notwithstanding section 508's own terms limiting its application to
federal agencies and departments, the Department of Education has taken
the position that states, like California, receiving funds under the
federal Assistive Technology Act must comply with section 508. The
Department of Education has not provided any support for this position,
nor has Congress authorized it. Without Congressional legislation the
Department of Education lacks authority to compel states to comply with
section 508."

California Community Colleges
[http://www.occ.cccd.edu/~hightech/M_01-17.pdf]:

Section 508 regulations "are applicable to the states by virtue of the
Assistive Technology Act of 1998 (29 U.S.C. § 3002).  As a result, the
Chancellor's Office has taken certain steps to comply with these
regulations.  All Chancellor's Office contracts and grants commencing
after the new regulations become effective on June 21, 2001, will
contain a provision requiring the contractor or grantee to comply with
the section 508 regulations.  In addition, each district will be asked
to certify that it complies with section 508 as a condition of receiving
funds for 2001-02 under the Technology and Telecommunications
Infrastructure Program (TTIP)." 


Axel Schmetzke
Library
University of Wisconsin-Stevens Point


-