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The section on headings indicate that it's fine to use headings out of sequence. This can be problematic to some assistive technology users that expect headings in the correct order and use them to orientate themselves in the document. The specification should state that headings are used in order.
EDITOR'S RESPONSE: This is an Editor's Response to your comment. If you are satisfied with this response, please change the state of this bug to CLOSED. If you have additional information and would like the editor to reconsider, please reopen this bug. If you would like to escalate the issue to the full HTML Working Group, please add the TrackerRequest keyword to this bug, and suggest title and text for the tracker issue; or you may create a tracker issue yourself, if you are able to do so. For more details, see this document: http://dev.w3.org/html5/decision-policy/decision-policy.html Status: Did Not Understand Request Change Description: no spec change Rationale: The spec currently says: # Sections may contain headings of any rank, but authors are # strongly encouraged to either use only h1 elements, or to use # elements of the appropriate rank for the section's nesting level. The spec then goes into excruciating detail as to how UAs (in particular, ATs) are to handle any set of headings in a coherent fashion, to address this particular accessibility problem. Is the above sufficient, or would you like a more explicit condemnation? If the latter, would it be sufficient to say that within a sectioning root, no heading element is allowed to be used that is of higher rank than the first heading element?
Per the proposal at http://lists.w3.org/Archives/Public/public-html-a11y/2010Jan/0245.html, the HTML A11Y TF does not plan to formally work on this issue at this time. This does not mean the TF has no interest in it, but does not have immediate plans to work on it. The TF may review the issue in the future.