In today’s increasingly technology-dependent world, digital accessibility is not just a convenience, it’s a necessity. For millions of people with disabilities, the ability to access and interact with digital content is crucial for participating in everyday life. From receiving vital government services to having equal opportunities to participate in educational and employment opportunities, digital access is essential.
The Section 508 Refresh Act, introduced in the U.S. Senate in July, would revise the current Section 508 Standards requiring federal agencies to support Section 508 compliance to ensure that federal technology and digital content are accessible for people with disabilities. The new bill introduced by Senators Bob Casey (D-PA), Ron Wyden (D-OR), John Fetterman (D-PA), and Tammy Duckworth (D-IL) also includes a framework for holding federal agencies accountable for failing to comply with revised standards.
What are Section 508 Standards
Section 508 is part of the Rehabilitation Act of 1973, a federal law that mandates that all information and communication technology (ICT) developed, procured, maintained, or used by the Federal Government must be accessible to people with disabilities. This includes websites, hardware and software, and multimedia products. The law’s purpose is to eliminate barriers to accessing information technology, making it possible for people with disabilities to have access to the same information and services as everyone else. Compliance with Section 508 Standards is not just about fairness, it’s about ensuring that everyone has the tools they need to fully participate in educational and employment opportunities, community life, and other key aspects of society.
The Need for a Refresh
The original Section 508 Standards were established more than two decades ago, at a time when the digital landscape was very different from the one we know today. As technology has evolved, new devices, platforms, and digital tools have become an integral part of our daily lives. Therefore, these advances in technology have made the current Section 508 standards obsolete. The original standards no longer effectively address the complexities of modern technology and digital communication. The refresh is necessary to address the gap between the original standards and the need to keep pace with changing technology.
The Section 508 Refresh Act isn’t the first attempt to update Section 508 Standards to better reflect the current digital landscape. In January 2017, the U.S. Access Board published a final rule updating accessibility requirements for ICT covered by Section 508. The rule, which went into effect in January 2018, includes the following changes to Section 508 Standards:
- Focus on Functionality: Organizes by functionality instead of product type to keep pace with advances in technology.
- Industry Alignment: Incorporates World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 (a set of internationally recognized standards for website accessibility). Clarifies applicability to websites, electronic documents, and software.
- Content Accessibility: Requires all public-facing official agency business content, as well as specific categories of non-public-facing content that is official agency business, to be accessible.
- Synchronized Tools and Tech: Clarifies that software and operating systems must interoperate with assistive technology.
- Expanded Marketplace: Incorporates by reference selected international standards like WCAG 2.0 and harmonizes with European Commission ICT Standards (EN 301 549) to create a larger marketplace of accessibility solutions.
Identifying Barriers to Section 508 Compliance
A 2022 U.S. Senate Special Committee on Aging investigation found that federal agencies often failed to comply with Section 508 standards. This lack of compliance creates barriers for people with disabilities who rely on federal technology for essential services, such as health care, educational and employment services, and Social Security benefits. The resulting report, “Unlocking the Virtual Front Door,” explored the accessibility of the Federal Government’s digital technology. It also provided recommendations for improving accountability and transparency with regard to Section 508 compliance in federal agencies.
Other reports, including a 2021 report from the Information Technology & Innovation Foundation (ITIF) evaluating the accessibility of the most popular federal websites, and the General Services Administration’s (GSA) FY 23 Governmentwide Section 508 Assessment, identified similar issues with accessibility of federal technology and digital content.
Key Changes in the Section 508 Refresh Act
According to the U.S. Senate Special Committee on Aging, the Section 508 Refresh Act proposes the following changes:
- Requires federal departments and agencies to include people with disabilities who consume government services and information or work as government employees in the acquisition and accessibility testing of federal technology.
- Reforms the complaint process for Section 508 and establish a new process for deciding what federal technology is purchased, with rigorous accountability requirements for ensuring the technology is accessible.
- Mandates regular testing to ensure technology being used by federal departments and agencies is accessible to federal workers and all Americans using federal programs and information.
- Directs each federal department and agency to appoint qualified, dedicated Section 508 compliance officers to ensure the technology purchased and used by their departments and agencies is accessible.
The Impact of the Section 508 Refresh Act
The Section 508 Refresh Act is more than just a set of proposed regulations; it lays the groundwork for a renewed commitment to digital accessibility by the Federal Government. By updating and expanding accessibility standards, the Refresh Act ensures that people with disabilities will have equal access to digital content and technology. This not only benefits people with disabilities, but also improves the user experience for everyone.
For federal agencies, the Refresh Act provides clearer guidance on how to make their digital content accessible, reducing confusion and helping to ensure compliance. Should the Section 508 Refresh Act become law, it will be essential for businesses and organizations that work with the Federal Government, including federal contractors and subcontractors, to understand and adhere to the updated standards.
Moving Forward
As technology continues to evolve, laws and regulations governing its accessibility must also change to keep up with new platforms, tools, and ways of using digital content. The Section 508 Refresh Act is a significant step forward. It is also an important reminder that ensuring digital accessibility is an ongoing process. Continuous education, innovation, and a commitment to inclusivity are essential to make sure that everyone has access to the digital tools and information they need. By embracing these updated standards, we can create a digital world that is open, inclusive, and accessible to all.
Applied Development can help federal agencies understand and comply with Section 508 standards. Contact us to learn more about Applied Development’s Section 508 compliance services.