Plain Language Guide to the State Technology Accessibility Rules

Authority 11.1

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.

Scope and Purpose 11.2

1. These rules describe the technology accessibility standards for how Colorado state and local government teams can comply with House Bill 21-1110, Colorado Laws for Persons with Disabilities and Senate Bill 23-244 Technology Accessibility Cleanup.
2. We understand that technology and accessibility standards change, and there’s no single way to make everything accessible to everyone. So, these rules also say that making reasonable accommodations or modifications are important for complying with the rules.
3. These rules apply to all information and communication technology (ICT) in active use that a government entity provides to the public or its employees whether directly or through contractual, licensing, or other comparable arrangements. ICT  is defined in section 11.4.
4. Compliance with these rules does not necessarily ensure compliance with other laws, rules, and regulations.

  Clarification: Information communication technology (ICT) includes:

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)

  Clarification: Colorado state and local governments

When to apply the rules

The rules apply to all technology being used from July 1, 2024, and any new technology created, bought, or updated after that date. They also apply if someone with a disability asks for an accessible version of an existing technology.

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, altered, updated, 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 archive collections.

For ICT not in active use, the rules apply:

• 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.

These rules do not require a public entity to take any action that is otherwise exempted under these rules.

These rules don’t change existing laws about special education services for students. But, schools and other related entities still need to follow these rules for everything that’s not directly related to student services.

Definitions 11.4

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

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

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. (LexisNexis), 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, altered, updated, 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)

Applicable and achievable

In the context of technical specifications, standards, or outcomes, applicable and achievable means all technical specifications, standards, or outcomes which are assessable and/or whose elements, artifacts, or functionality are present in an ICT asset.

Archived content

ICT that is: (1) retained exclusively for reference, research, or recordkeeping; (2) not altered or updated after the date of archiving; and (3) is organized, stored, or marked in a manner that clearly identifies the ICT as being archived.

Archivist materials

Historical or legacy digital content that: (1) is preserved or retained solely for its cultural, educational, or historic value and is not required for the operation of or access to any governmental entity’s services, programs, or activities and (2) either (i) was converted to a digital format before July 1, 2024; (ii) is a reproduction of a physical record, such as a photograph, manuscript, or other non-digital artifact, that has been digitized but is not intended for interactive use; or  (iii) has been transferred to the Colorado State Archives by a governmental entity or office in the State of Colorado or otherwise designated for permanent retention by the State Archivist.

Closed functionality

Characteristics that limit functionality or prevent a user from attaching or installing assistive technology. Examples of ICT with closed functionality are self-service machines, information kiosks, set-top boxes, fax machines, calculators, and computers that are locked down so that users may not adjust settings due to a policy such as Desktop Core Configuration.

Conforming alternate version

• An accessible version of content or functionality provided in a different format.

In general, conforming alternate versions should be avoided.

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

  Examples of conforming alternate versions include:

Conventional electronic documents

ICT that is a static, digital file created, stored, or accessed using computer systems and designed for offline use. 

  Examples of conventional electronic document file types and categories include:

Digital Content

Any ICT created, shared, or accessed through digital platforms, including electronic documents, websites, mobile applications, and online services. Digital Content does not include ICT with closed functionality or hardware.

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)

  Example of direct threat:

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) 

  Example of fundamental alteration:

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.

  Examples of hardware include:

Public entity

Public entity has the same meaning as defined in section 24-34-301(18), C.R.S., or as superseded by a future statute, which is: (a) Any state or local government; or (b) Any department, agency, special district, or other instrumentality of a state or local government.

Reasonable accommodation

Reasonable accommodation is defined in the rules as a modification or adjustment to a job or the work environment that will enable an individual with a disability to access ICT for the purpose of being considered for a position or performing essential job functions at the public entity.

Reasonable modification

Reasonable modification is defined in the rules as a modification in policies, practices, or procedures when the modifications are necessary to enable an individual with a disability to access ICT in order to access the public entity’s programs, services, and activities.

Section 508, Section 508 of the Rehabilitation Act

Unless a specific citation is provided, Section 508 refers to the ICT Standards and Guidelines (also known as “Standards and Guidelines”), under Section 508 of the Rehabilitation Act (GSA), as issued on Jan. 18, 2017 and corrected on Jan. 22, 2018 by the U.S. Access Board and not including any later amendments or versions. 

Single digital product

The term “single digital product" is used in section 24-34-802(2)(b), C.R.S. (LexisNexis). 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

  Example of a single digital product:

  Example of not a single digital product:

Technical standards

Technical standards as used in these rules, technical standards refers to the following:

1. For Digital Content, the applicable and achievable success criteria of the W3C WCAG 2.1 conformance levels A and AA, as published on Sep. 21, 2023, not including any later amendments or versions, hereby incorporated by reference and available from the Office of Information Technology during regular business hours or from the World Wide Web Consortium.  Criteria or standards should be read, interpreted, and applied substituting references for “web” or “web content” with “software”, “application”, “document”, or other appropriate term.
2. For ICT with closed functionality, such products must interoperate with assistive technology, provide documentation on accessibility features, and provide user control over accessibility features; and conform with all applicable and achievable success criteria of the W3C WCAG 2.1 conformance levels A and AA.
3. For hardware, all applicable and achievable requirements of the standards contained in Chapter 4 of the Information and Communication Technology (ICT) Standards and Guidelines under Section 508, including Standards 402, 404, 407, 408, 409, 410, and 411, as corrected on Jan. 22, 2018, not including any later amendments or versions, hereby incorporated by reference and available from the Office of Information Technology during regular business hours or from the U.S. Access Board.

Undue burden

Undue burden refers to the standard as construed by the Colorado Revised Statutes (C.R.S.) section 24-34-601, et al., C.R.S. section 24-34-802, Title II of the Americans with Disabilities Act, and Section 508 of the Rehabilitation Act, and the related conforming and implementing regulations. Undue burden and undue hardship are not directly referenced in these Colorado statutes. The Colorado law tracks federal law when it comes to undue burden and undue hardship, and Colorado courts apply these concepts to the Colorado statutes. 

Undue burden can be thought of as an action that requires significant financial, technical, or administrative difficulty or expense.

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

  Examples of undue burden:

Undue hardship

Undue hardship refers to the standard as construed by sections 24-34-401, et al. of the Colorado Revised Statutes, and Title I of the Americans with Disabilities Act and the related conforming and implementing regulations. Undue burden and undue hardship are not directly referenced in these Colorado statutes. The Colorado law tracks federal law when it comes to undue burden and undue hardship, and Colorado courts apply these concepts to the Colorado statutes.

Undue hardship can be thought of as an action requiring significant difficulty or expense to an employer, taking into account the employer’s resources and circumstances. The determination of undue hardship is always made on a case-by-case basis, considering the specific circumstances and resources of the government entity.

  Example of undue hardship:

See also, Undue Hardship, 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)  

Compliance Requirements 11.5

Each public entity must make its technology accessible by doing one of the following:

1. Meeting the Technical Standards (unless an exception applies). This means following the detailed rules about making technology usable for people with disabilities. (See Exceptions 11.7)
2. Using a Conforming Alternate Version. If the main version can't be made accessible, you can create a different, fully accessible version that has the same information and does the same things.
3. Making Reasonable Modifications or Accommodations. If someone asks, you must make changes to remove accessibility barriers, unless it causes too much trouble (see section 11.10). You cannot make a person with a disability pay for these changes.
4. Publishing an Accessibility Plan. Show how you're working to make your technology accessible. This plan should be updated each year and could include a high level summary of:
   1. How you're deciding which technology to fix first.
   2. What steps you're taking to fix accessibility problems.
   3. Timelines for fixes (if you have them).
   4. How people can ask for accommodations.
   5. How you regularly test and fix technology.
5. Choosing the Best Option. Choose the technology that is the most accessible option of those that meet your needs, and provide extra help for users if needed.

You've followed the rules if you do one or more of these things, or if an exception applies.

  Example Evidence of Progress on an Accessibility Plan:

Example: [Agency] Evidence of Progress on an Accessibility Plan (Google Doc)

Technology Accessibility Statement Requirement 11.6

The rules state that each public entity needs to create and post a Technology Accessibility Statement in a place where people can easily find it.

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

• A commitment to making technology more accessible and the steps that the public entity is taking to remove accessibility barriers.
• A commitment to respond quickly to reports of inaccessible technology or requests for help.
• A prominent notice that includes more than one contact method and includes:
  • How to request reasonable accommodations or modifications.
  • How to report inaccessible ICT.
  • Any applicable existing grievance procedures that the public entity is required to maintain under other laws.
• 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.

  Examples of ways to provide more than one contact method:

  Example technology accessibility statement:

Example: Technology Accessibility Statement (Google Doc)

Exceptions 11.7

The exceptions in this section only apply in situations where a public entity intends to comply with this rule by meeting the Technical Standards under section 11.5.A; it does not apply when a public entity is meeting its compliance requirements under sections 11.5.B – E. This means that if a public entity seeks compliance with this rule by meeting the Technical Standards in section 11.5.A, any ICT covered by an exception need not meet those Technical Standards. The exceptions to the Technical Standards under section 11.5.A are as follows:

1. Content posted by a third party. Content posted by a third party unless the third party is posting due to contractual, licensing, or other arrangements with the public entity. This exception mirrors the ADA Title II Web rules. You can learn more about the exception in the Fact Sheet about the Accessibility of Web Content and Mobile Apps (U.S. Justice Department).
2. Individualized, password protected or otherwise secured conventional electronic documents. Conventional electronic documents that are: (1) about a specific individual, their property, or their account; and (2) password-protected or otherwise secured. This exception mirrors the ADA Title II Web rules. You can learn more about the exception in the Fact Sheet about the Accessibility of Web Content and Mobile Apps (U.S. Justice Department).
3. Preexisting social media posts. A public entity’s social media posts that were posted before July 1, 2024. This exception mirrors the ADA Title II Web rules. You can learn more about the exception in the Fact Sheet about the Accessibility of Web Content and Mobile Apps (U.S. Justice Department).
4. Preexisting conventional electronic documents. A public entity’s conventional electronic documents that (This exception, preexisting conventional electronic documents, mirrors the ADA Title II Web rules. You can learn more about the exception in the Fact Sheet about the Accessibility of Web Content and Mobile Apps (U.S. Justice Department): 
   1. Were last updated and made available publicly or internally before July 1, 2024; and
   2. Are not currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities; and
   3. Are not currently used by employees to perform their job duties.
5. Substantially equivalent access and ease of use. An individual with a disability is not substantially hindered from accessing or engaging effectively in the same or substantially equivalent services, programs, and activities that the public entity offers through its ICT to those without disabilities, with substantially equivalent ease of use. They might need a reasonable accommodation or modification. This exception mirrors a consideration in the ADA Title II Web rules. You can learn more about it under the heading What Happens If a State or Local Government Has Failed to Meet WCAG 2.1, Level AA in a Minor Way? (U.S. Justice Department).
6. ICT with closed functionality. Public entities are subject to the federal exemptions enumerated in 508 Chapter 2. Exceptions should be read, interpreted, and applied using “Colorado Standards for Technology Accessibility" in place of “Revised 508 Standards.” This exception applies specific considerations for ICT with closed functionality, which includes things like self-service machines and kiosks. 

Even if an exception under this section 11.7 applies to a particular ICT, the public entity is only exempt from the Technical Standards set forth in section 11.5.A.  The public entity remains obligated to make the ICT accessible by meeting one of the other compliance obligations under section 11.5, unless doing so would constitute an undue hardship, undue burden, fundamental alteration, or direct threat pursuant to section 11.10.

Conforming Alternate Versions 11.8

You can use alternate versions of technology if it's not possible to make the main version accessible.

1. Alternate versions must:
   1. Provide all of the same information and functionality in the same human language; 
   2. Be as up-to-date as the non-conforming version; 
   3. Be as readily available as the non-conforming version; and
   4. Conform to the technical standards or meet the requirements through equivalent facilitation.
2. Digital Content: Alternate versions can be made for parts of a page, whole pages, or whole sites.
3. ICT with closed functionality: Alternate versions are usually not possible, but you can provide a different way to access the same information.
4. Software: Alternate versions must work with the same devices and operating systems, or be available online.

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

Equivalent Facilitation 11.9

Nothing in these rules prevents the use of designs, methods, or techniques as alternatives to those prescribed, provided that the alternative designs, methods, or techniques result in substantially equivalent or greater accessibility and usability of the ICT.

Example of Equivalent Facilitation:

WCAG success criterion 3.3.4 requires that user submissions are automatically checked to prevent common errors in legal or financial transactions made through websites. If a public entity failed to do this (thus violating WCAG) but requires all users to separately verify important transactions in person and outside of its website prior to processing the transaction, it would meet this requirement through equivalent facilitation.

Undue Hardship, Undue Burden, Fundamental Alteration, or Direct Threat 11.10

1. You don't have to meet the rules if it would cause "undue hardship," "undue burden," "fundamental alteration," or a "direct threat."
2. For public-facing technology, if you think it would cause a big problem, the head of your entity, or someone else that they specifically designate, needs to make that decision and write down why. The Colorado technology accessibility rules require the head of your public entity or their designee to make the decision because that mirrors other existing laws and the ADA Title II Web rule. Undue burden can mean:
   1. Not having the resources.
   2. Contracts or laws stopping you.
   3. Not being able to get the help you need.
3. To decide if something is a "direct threat" to safety, you need to look at:
   1. How bad the risk is.
   2. How likely it is to happen.
   3. Whether you can make changes to reduce the risk.
4. The accessibility rules match the other Colorado and federal laws regarding undue hardship, undue burden, fundamental alteration, and direct threat. You can refer to existing guidance regarding these concepts in order to apply them for technology accessibility. 

See also, undue hardship, undue burden, fundamental alteration and direct thread in Definitions (11.4)

Materials Incorporated by Reference 11.11

1. We are using these standards:
   1. Web Content Accessibility Guidelines (WCAG) 2.1, (W3C) (from Sept. 21, 2023). You can find these online for free.
   2. US Section 508 of the Rehabilitation Act of 1973, (U.S. Access Board) (from Jan. 18, 2017, and corrected Jan. 22, 2018). You can find this online for free.
2. The Office of Information Technology has copies of these standards if you need them.

Severability 11.12

If a court decides that part of these rules is not valid, the rest of the rules will still be in effect.