Plain Language Guide to the State Technology Accessibility Rules

Authority, purpose and scope (11.1-11.2)

The technology accessibility rules are established by the Chief Information Officer (CIO) of OIT to ensure that people with disabilities enjoy the same access as everyone else to participate in state and local government services, activities and employment opportunities. 

They describe the technology accessibility standards for how Colorado state and local government teams can comply with state laws.

The rules recognize that technology and accessibility standards are evolving and, given the diversity of needs of residents of our state, no standard can guarantee universal access. Therefore, while making best efforts to make information technology accessible, these rules also acknowledge that reasonable accommodations or modifications are an important component of compliance.

The rules apply to both public external-facing and internal-facing information and communication technology (ICT) that is procured, developed, maintained, or used by state and local government entities. 

Compliance with these rules does not necessarily ensure compliance with other laws, rules, and regulations although they are intended to mirror existing federal law wherever possible.

Applicability (11.3)

Who the rules apply to

The standards established by the rules apply to public entities in Colorado. This includes:

• Any Colorado state government, or any department, agency, or other instrumentality of a state government
• Any local government, department, agency, special district, or any other instrumentality of a local government 

Section 24-34-802(1)(c), C.R.S. (LexisNexis)

When to apply the rules

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.

Example of when the rules do apply:

• A guidance document developed in 2022 that is still the correct and current version used to inform people about your program.
• A digital collections platform that is used regularly by library or museum employees and customers to manage or access archives collections.

For ICT not in active use, the rules apply when:

• The ICT is altered or updated, or 
   
• When an accessible version is requested by an individual with a disability.

Example of when the rules don’t apply unless the items is altered or updated, and an accommodation will be made on a case-by-case basis:

• Working drafts of annual reports from several prior years that are in your entity’s files for employee reference or convenience.
• Materials housed in an archival digital collection like historical documents, images, audio, maps, etc.

Definitions (11.4)

Many definitions in the rules are intended to share the interpretation from other authorities, including:

• Colorado Revised Statutes, LexisNexis
• Web Content Accessibility Guidelines (WCAG), W3C
• The U.S. Americans with Disabilities Act and its implementing regulations, ADA.gov
• Section 508 of the Rehabilitation Act of 1973 and its implementing regulations, section508.gov

Accessible or accessibility

• This term has the same meaning as defined in section 24-85-102(1.5), C.R.S. (LexisNexis):
• Perceivable
• Operable
• Understandable
• Digital content that reasonably enables an individual with a disability to access the same information, engage in the same interactions, and enjoy the same services offered to other individuals, with the same privacy, independence, and ease of use as exists for individuals without a disability.

Accessibility standards for individuals with a disability

This term is referred to in the context of section 24-34-802(1)(c), C.R.S., and it means these rules, Rules Establishing Technology Accessibility Standards: 8 CCR 1501-11, (Google Doc).

The rules apply to all ICT, or information communication technology, both public-facing and internal-facing that is purchased, created, maintained or used by Colorado state and local governments.

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.

See also, Applicability (11.3)

Conforming alternate version

A conforming alternate version has the same meaning in the rules as it’s defined in the Web Content Accessibility Guidelines (WCAG). It’s a version that:

• conforms to the accessibility technology standards, and provides all of the same information and functionality in the same language, and
• is as up to date as the non-conforming content, and
• for which at least one of the following is true:
• the conforming version can be reached from the non-conforming page, or
• the non-conforming version can only be reached from the conforming version, or
• the non-conforming version can only be reached from a conforming page that also provides a way to reach the conforming version

In general, conforming alternate versions should be avoided.

See also, Conforming Alternate Versions (11.8)
Understanding Conforming Alternate Versions, W3C

Direct threat

Direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.

See also, Undue Burden, Fundamental Alteration, or Direct Threat (11.10)

Fundamental alteration

A fundamental alteration is something that would change the essential nature of the entity’s programs or services.

See also, Undue Burden, Fundamental Alteration, or Direct Threat (11.10) 

Hardware

The rules define hardware as a tangible device, piece of equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.

See also, the definition of information and communication technology (ICT) below.

Information and communication technology (ICT)

ICT is defined as information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

Public entity

Public entity has the same meaning as defined in section 24-34-301, C.R.S., which is (a) Any state or local government; or (b) Any department, agency, special district, or other instrumentality of a state or local government.

Section 24-34-301, C.R.S. (LexisNexis)

Reasonable accommodation

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.

See also, Reasonable Accommodations or Modifications (11.11)

Reasonable modification

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.

See also, Reasonable Accommodations or Modifications (11.11)

Single digital product

The term “single digital product" is used in section 24-34-802(2)(b) C.R.S. The rules define a “single digital product” as a ICT that share a common purpose, intended to support a program or service, created by the same author, group, or organization, including:

• Electronic communications
• Digital documents like PDFs and graphics
• Mobile applications
• Desktop applications
• Websites
• Digital kiosks
• Input devices
• Digital video files
• Audio recordings
   

Section 24-34-802(2)(b), C.R.S. (LexisNexis)

Technical standards

The term “technical standards” as used in the rules, refers to the standards for conformance in section 11.5 Technical Standards for Technology Accessibility.

Undue burden

Undue burden is considered an action that requires significant financial, technical, or administrative difficulty or expense.

See also, Undue Burden, Fundamental Alteration, or Direct Threat (11.10)  

Web Content Accessibility Guidelines (WCAG)

The WCAG guidelines are a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally, as published by the World Wide Web Consortium (W3C).

WCAG Overview (W3C)   

Technical Standards for Technology Accessibility (11.5)

The technical standards for accessible ICT according to these rules include the below standards and guidelines:

• W3C WCAG 2.1 conformance levels A and AA (W3C, WAI)
• Hardware as specified by US Section 508 of the Rehabilitation Act of 1973 Chapter 4: Hardware (U.S. Access Board).

The above standards may only be in effect to the extent that they wouldn’t require any action that would fundamentally alter the nature of a public entity’s programs or services, impose an undue burden, or pose a direct threat to the health or safety of others.

OIT will consider the adoption of future WCAG versions during future rulemaking.

OIT’s How-To Guide and Template: Learn how to document undue burden, fundamental alteration or direct threat.
See Undue Burden, Fundamental Alteration, or Direct Threat (11.3)

Technology Accessibility Statement (11.6)

The rules state that each public entity needs to develop and publicly post a technology accessibility statement.

The technology accessibility statement needs to include, at a minimum:

• A commitment to a timely response to reports of inaccessible ICT or requests for a reasonable accommodation or modification. 
• A prominent notice informing individuals with disabilities on how to request reasonable accommodations or modifications or to report inaccessible ICT. The notice should include more than one contact method, which could include an accessible form to submit feedback, an email address, or a toll-free phone number (with TTY), to contact personnel knowledgeable about the accessibility of the ICT.

Compliance (11.7)

For ICT that doesn’t fully conform with the technical standards, compliance with the rules can still be met in the following cases: 

• An individual with a disability is able to access or engage in the same or equivalent services, programs, and activities that are offered to those without disabilities, with equivalent ease of use.
  • For example, a small variance from WCAG that doesn’t impact the user experience, like a tiny deviation from the color contrast ratio, which is 4.5:1 for normal text (e.g., 4.46:1 instead of 4.5:1 which is required for WCAG compliance).
• The requirements of the technology accessibility statement in the rules under 11.6 Technology Accessibility Statement are met while also providing reasonable accommodations for ICT that doesn't fully conform with the technical standards, and the public entity can provide evidence of making good faith progress on its plan to remove accessibility barriers.
  • Example Evidence of an Accessibility Plan
• The public entity procures and provides reasonable accommodations if needed for the ICT that best meets the technical standards and also the public entity’s business needs, which may include considerations such as audience needs, capacity, reliability, interoperability, organizational needs, privacy, and security. For example:
  • Our public school needs to buy history textbooks. we’re considering products from 2 vendors: One product meets more accessibility criteria, but the textbook content doesn’t meet our teaching quality standards and the other product meets our teaching quality standards but fewer accessibility criteria. We can choose the option that meets the teaching needs, and provide accommodations or modifications as needed.
• The public entity has created and provided a conforming alternate version according to the requirements in the rules under 11.8 Conforming Alternate Versions. For example:
  • A website that provides identical information to a geographic information system (GIS) in a non-graphical format
  • A web application that uses accessible controls as an alternative to one with inaccessible controls
  • A document showing changes in redline or strikethrough format and an alternative that lists changes section-by-section
• Making the ICT fully conform with the technical standards would constitute an undue burden, fundamental alteration, or pose a direct threat, or is otherwise exempted in the rules under section 11.10 Undue Burden, Fundamental Alteration, or Direct Threat.
   

Conforming Alternate Versions (11.8)

The rules permit conforming alternate versions of ICT when making the original version accessible isn’t possible or practical due to undue burden, safety, or legal limitations. This ensures that all of the information and all of the functionality in the original version is available on a conforming version.

In general, conforming alternate versions should be avoided because of the complexity and difficulty of maintaining more than one accurate, functional, up-to-date version. 

See also, Conforming Alternate Versions in Definitions (11.4)
Understanding Conforming Alternate Versions, W3C

Equivalent Facilitation (11.9)

Public entities can follow a different technique or apply a different standard from that described in the rules as long as whatever they do results in substantially equivalent or greater accessibility.

Undue Burden, Fundamental Alteration, or Direct Threat (11.10)

For the purposes of digital accessibility, fundamental alteration, undue burden or direct threat are the last tools in the toolbox when full accessibility compliance is not immediately achievable. It’s the tool used when a public entity can demonstrate that full conformance with the technical standards would result in:<

• a fundamental alteration in the nature of a service, program, or activity;
• an undue financial, technical, or administrative burden; or
• a direct threat to the health or safety of others.

Conformance is required only to the extent that it doesn’t result in a fundamental alteration, undue financial and administrative burdens, or direct threat.

When to document undue burden, fundamental alteration or direct threat

Undue burden

Undue burden is considered an action that requires significant financial, technical, or administrative difficulty or expense. All resources available to the program or component for which the ICT is being procured, developed, maintained, or used needs to be considered. Undue burden may be demonstrated when, depending on the type of financial, technical, or administrative barrier, at least one of the following applies:

• The resources of the program, service, or activity are not readily available or would fundamentally alter the nature of the program, service, or activity.
• Contractual, legal, regulatory, or technical constraints prevent the modification of the program, service, or activity.
• When the necessary auxiliary aids or services are not feasibly available.
   

Fundamental alteration

A fundamental alteration is something that would change the essential nature of the entity’s programs or services.

Direct threat

Direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.

In determining whether an action, conformance to the technical standards, or a reasonable accommodation or modification would pose a direct threat to the health or safety of others, a public entity should make an individualized assessment, based on reasonable judgment that relies on the best available objective evidence, to decide: 

• the nature, duration, and severity of the risk; 
• the probability that the potential injury will actually occur; and 
• whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
   

Documentation and accommodation

The rules don’t require submitting documentation of undue burden, fundamental alteration, or direct threat to an outside authority. However, if your entity is the subject of a lawsuit, you'll want to be able to provide documentation to the court for the specific situation to show your efforts.

In situations where conformance with the standards would result in undue burden, fundamental alteration, or a direct threat, it’s best to be able to prove that through the following documentation:

• A public entity needs to provide reasonable accommodations or modifications that would ensure that people with disabilities receive the benefits or services provided by the public entity. An accommodation plan may be documented internally using an Equally Effective Alternate Access Plan (EEAAP), (Google Doc).
• The decision that compliance isn’t achievable should be made by the head of a public entity or their designee after considering all resources available for use in the funding and operation of the service, program, or activity, and should be accompanied by documentation detailing how that decision was reached.

How To: Document Undue Burden, Fundamental Alteration or Direct Threat
Fundamental alteration, undue burden, or direct threat template: Template to document your situation (not required).
How To: Equally Effective Alternate Access Plan (EEAAP): Learn how an EEAAP can be used to specify the internal facing process, roles and responsibilities for providing an accommodation. 
EEAAP Template: Template to document your internal alternate access plan (not required).

Reasonable Accommodations or Modifications (11.11)

Equal access

The rules describe that if someone with a disability can’t access or doesn’t have equal access to your entity’s program, service, or activity through the entity’s technology because of their disability, then you need to make reasonable accommodations or modifications to provide access and avoid discrimination. This is true unless you can demonstrate that making modifications would:

• a fundamental alteration in the nature of a service, program, or activity;
• an undue financial, technical, or administrative burden; or
• a direct threat to the health or safety of others.

How To: Equally Effective Alternate Access Plan (EEAAP): Learn how an EEAAP can be used to specify the internal facing process, roles and responsibilities for providing an accommodation. 
EEAAP Template: Template to document your internal alternate access plan (not required).

Access to support or accommodations

The rules also state that your public entity needs to post a prominent notice describing the methods to request reasonable accommodations or modifications for ICT.

See also, Accessibility Technology Statement (11.6)

Conforming alternate versions

Your public entity shouldn’t provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that services are equally effective.

See also, Conforming Alternate Versions (11.8)

Cost of accommodations

Lastly, your public entity can’t require a person with a disability to pay to cover the cost of accommodations like providing auxiliary aids or barrier removal (see examples below), that are needed to provide that person with equitable access.