Prepared by the Minnesota STAR Program and Phil Kragnes, Adapative Technology Specialist at the University of Minnesota Computer Accommodations Program.
Subtitle A, Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by state and local government in the provision of services, programs and activities, even when they are made available by contractors. This subtitle also covers communication with the public and the public's use of public facilities. All such programs must be administered in the most integrated setting possible.
No otherwise qualified individual with a disability in the United States, as defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date of which such regulation is so submitted to such committees.
For the purposes of this section, the term "program or activity" means all of the operations of —
(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or
(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
(2)(A) a college, university, or other post-secondary institution, or a public system of higher education; or
(B) a local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system;
(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship —
(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(iii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(iv) any other entity which is established by two or more of the entities described in paragraph (l), (2) or (3); any part of which is extended Federal financial assistance.
Section 508 of the Rehabilitation Act (P.L. 105-220) as reauthorized requires that when Federal departments or agencies develop, procure, maintain, or use electronic and information technology they must ensure that the technology allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by employees who are not individuals with disabilities, unless an undue burden would be imposed on the department or agency. Section 508 also requires that individuals with disabilities who are members of the public seeking information or services from a department or agency have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities. Standards were published in the Federal Register on December 21, 2000 and are enforceable as of June 21, 2001. These standards are applicable to the states by virtue of Section 101 (e) (3) of the Tech Act where it states that each state receiving a grant under this Tech Act must abide by the assurance it submitted under Section 103 of the previous Tech Act of 1988.
The Minnesota Human Rights Act (MHRA) protects persons within the following protected classes: race, color, creed, religion, sex, national origin, disability, age, marital status, sexual orientation, status with regard to public assistance, and familial status. The areas included in the MHRA are: employment, housing, public accommodations, public services, education, retaliation (called reprisal under the Human Rights Act), and aiding and abetting, as it pertains to individuals in their capacity as management employees.
Minnesota Statute 16C.145, Nonvisual technology access standards chapter, requires non-visual access standards be included in all contracts for the procurement of information technology by and for the use of, agencies, political subdivisions, and the Minnesota state colleges and universities. The standards must include effective, interactive control and use of the technology, require information technology compatibility, integration into networks used to share communications, and have the capability of providing equivalent access by non-visual means to telecommunications or other interconnected network services used by individuals who are not blind or visually impaired.