KRS 61.986: Exclusion of technology access clause -- Conditions -- Exempting from

access requirements -- Compliance of existing equipment or software.

(1) For the purpose of procurement, the head of any covered entity may, with respect to

access software or periph eral devices and other assistive technology pertinent to

individuals with disabilities access to information technology obtained following

July 14, 2000, approve the exclusion of the technology access clause if the cost of

the software or peripheral device s or other assistive technology for the covered

entity presents an undue burden.

(2) The head of any covered entity shall not approve the exclusion of the technology

access clause from any contract with respect to:

(a) The compatibility of standard operati ng systems and software with nonvisual

access or other assistive software, peripheral devices, or any assistive

technology; or

(b) The initial design, development, and installation of information systems,

including the design and procurement of interactive equipment and software.

(3) Nothing in this section shall require the installation of software or peripheral

devices for nonvisual or alternative access if the information technology is being

used by individuals who are not blind, visually impaired, or ot herwise disabled.

However, the applications programs and underlying operating system, including the

format of the data, used for the manipulation and presentation of information shall

permit the installation and effective use of nonvisual access software a nd peripheral

devices.

(4) Information technology purchased prior to July 14, 2000, shall be brought into

compliance with KRS 61.980 to 61.988 when the covered entity upgrades or

replaces the existing equipment or software. Nothing in KRS 61.980 to 61.988 shall

be construed or interpreted to require the replacement or upgrade of existing

equipment or software.