Active use: The rules apply to all information and communication technology (ICT) that:
- Is in active use on or after July 1, 2024, and
- Is newly created, developed, acquired, or purchased on or after July 1, 2024.
Active use means:
- Regularly used by members of the public to apply for, gain access to, or participate in a public entity's services, programs, or activities, and
- Currently used by employees to perform their job duties. ICT in active use includes the authorized, official version or versions, not previous versions that may still be available, archives, working products, or drafts.
Archived web content meets all three of the following criteria:
- Maintained exclusively for reference, research, or recordkeeping.
- Not altered or updated after the date of archiving.
- Organized and stored in a dedicated area or areas clearly identified as being archived.
Digital content: Information or data that is produced and supplied in digital form including but not limited to web sites, videos, and electronic documents.
Information and communication technology (ICT): A wide range of commonly used ICT must be accessible, including:
- Software, applications, and websites including content accessed from the internet and on private networks or intranets.
- Multimedia content like images, video and audio
- Documents that are posted to the internet (e.g., Google formats, PDF, Word, Excel, and PowerPoint, etc.)
- Computer software and hardware including desktop systems and mobile systems such as laptops and other mobile computers.
- Desktop and mobile telephones and other telecommunications products that interact with users in real time.
Where hardware has an interface to interact with a person, like a kiosk, then the rules refer to hardware standards as specified by US Section 508 of the Rehabilitation Act of 1973 Chapter 4: Hardware (U.S. Access Board).
- Information kiosks and booths that provide information or user interactions in public places such as government buildings.
- Multifunction machines that scan, fax, print, etc.
- On-premises equipment like servers and routers
Some hardware may contain embedded ICT as an important part of the product, but the primary function of the equipment isn't ICT. The rules do not apply to this kind of hardware. A few examples include:
- An air conditioning system that has a self-monitoring thermostat embedded in the unit.
- Medical equipment where information technology is integral to its operation, such as x-ray machines and other diagnostic equipment.
Lead Equal Opportunity Compliance Specialist (LEOCS) - An individual designated to coordinate and implement ADA compliance activities.
Reasonable accommodation is defined in the rules as a modification or adjustment to a program, service, activity, job, or the work environment that will enable an individual with a disability to participate in the program, service, activity, application process, or perform essential job functions.
Reasonable modification is defined in the rules as a modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination based on disability.
Undue burden is considered an action that requires significant financial, technical, or administrative difficulty or expense.