1

Accessibility Law for Colorado State and Local Government

“We're talking about basic access, not convenience. Access that everybody else that's able-bodied takes for granted. This should be a priority.” – Rep. David Ortiz

At the State of Colorado, we are dedicated to making state government products and services accessible, inclusive, equitable and available to all.

Inaccessible technology can interfere with an individual's ability to obtain and use information quickly and easily. When our digital services are inaccessible, we unfairly exclude people who need to access our information or services.

Accessibility is a commitment to providing equitable access to your services; not an item on a project checklist. It is the responsibility of each state employee and not a single person, team, or agency. This site is your entry to do your part!

Colorado Accessibility Law and the Adopted Rules

In February 2024, OIT adopted the final Rules Establishing Technology Accessibility Standards to help clarify and define the standards and compliance parameters of Colorado’s accessibility law. The rules are intended to provide a reasonable path to compliance while also providing equitable levels of service to people with disabilities. They are not intended to hamper the availability of government services and information in any way.

Read the Plain Language Guide to the State Technology Accessibility Rules. 

How to Comply with Colorado Accessibility Laws

Public entities can be in compliance with the rules and accessibility law even if they have technology that is not perfectly accessible. 
Your organization can be considered in compliance with the Colorado accessibility rules and law if you:

  1. Provide reasonable accommodations or modifications, 
  2. Have a published accessibility statement, and
  3. Can provide evidence of making good faith progress on your plan to remove accessibility barriers.

Things to remember

  • Progress, not perfection: Public entities don't have to make all their digital content accessible overnight. However, they must show they are making progress toward accessibility.
  • Don't remove inaccessible content: Public entities should not remove inaccessible documents and resources from their websites. Instead, they should ensure that it’s easy for people to find a point of contact if they need to request a reasonable accommodation while working towards making those online resources accessible.
  • Compliance with the rules = compliance with the law.
  • House Bill 24-1454, also known as the Grace Period Bill, is not an automatic extension of the July 1, 2024 deadline for compliance: Rather, it may provide public entities agencies a one-year grace period to July 1, 2025 of immunity from liability for failure to comply with the digital accessibility standards established in the rules if that agency demonstrates good faith efforts toward compliance or toward resolution of any complaint of noncompliance.

About the Grace Period Bill, HB24-1454

Grace Period Noncompliance Digital Accessibility Memorandum (Google Doc)

If you’re not able to comply with OIT’s rules, then you can comply with HB 24-1454 until July 1, 2025. July 1, 2025 everyone must comply with the OIT rules. Choose one:

Compliance with OIT Rules

  • Provide reasonable accommodations or modifications
  • Publish a technology accessibility statement providing 2 methods of contact to request assistance
  • Can provide evidence of making good faith progress on your plan to remove accessibility barriers

Or

Compliance with HB 24-1454

  • Make good faith efforts to resolve complaints of noncompliance
  • Clear, easy to find process for requesting redress, including contact options not dependent on web access
  • Post on front-facing web pages a progress-to-date report that is updated quarterly and demonstrates concrete and specific efforts toward compliance with the OIT rules

Enforcement

Compliance with Colorado’s accessibility laws is enforced through the courts. There is no enforcement agency, and there is no requirement to submit documentation to an enforcement agency or comply with audits from an enforcement agency.

An individual with a disability can sue in a Colorado court if they feel that they have experienced discrimination due to a lack of accessibility. The court will determine if there was discrimination and whether the government entity is liable. Discrimination in this case is defined as a failure to comply with the accessibility standards established by the OIT rules. If the government entity is found liable, then the court can order them to fix the accessibility issues and pay a fine of either $3,500 per violation or actual monetary damages. See section 24-34-802 of the Colorado Revised Statutes for more details.

Local Governments

Responsibilities for Local Governments

What You Can Do

Where to Start

State Agencies

Responsibilities for State Agencies

  • Compliance in the creation and publishing of any technology or digital content that is acquired, used or developed by the agency. Including but not limited to text, links, images, forms, PDFs, documents, video, audio, maps and embedded third-party applications.
  • Update and maintain a written plan with OIT, as part of your annual IT Roadmap, for implementing the accessibility standards.
  • Provide reasonable accommodations or modifications. 
  • Have a published accessibility statement.

What You Can Do

Where to Start

  • Contact your IT Director to get connected to the OIT Accessibility Team.

Platform Providers: OIT, SIPA & Vendors

  • Platform providers, including OIT, SIPA and vendor partners, are required to provide a platform that is compliant with the most recently published W3C, Web Content Accessibility Guidelines (WCAG).
  • OIT responsibilities:
    • Promote and monitor the access standards for individuals with a disability in the state's information technology infrastructure, including but not limited to architecture.
    • The OIT web content accessibility guidelines must conform with the most recent WCAG.
    • Approve or reject procurements by state agencies for adaptive technologies for nonvisual or other disability access uses.
    • Comply with accessibility standards when procuring products and services.