Digital accessibility is no longer just a best practice – it’s a legal requirement in many parts of the United States. As businesses increasingly rely on digital platforms to engage with customers, ensuring that websites and online content are accessible to all, including people with disabilities, is essential. While the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act have provided a federal framework (among other federal laws), several states have enacted their own laws or policies to support digital accessibility.
Below, we provide a brief overview of U.S. federal digital accessibility law, along with a list of digital accessibility laws and policies in each state.
Federal Overview: The ADA and Section 508
Before diving into state-specific laws, it’s important to understand the federal landscape. Two of the major laws that directly impact digital accessibility are the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act.
The ADA, particularly Titles II and III, is the primary federal law that mandates accessibility for people with disabilities. Although the ADA does not explicitly mention websites, courts have increasingly interpreted it to apply to online platforms, particularly for public accommodations and government websites.
The Americans with Disabilities Act (ADA), enacted in 1990, is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. While the ADA was established before the internet became integral to daily life, its impact on digital accessibility has grown significantly as the online world has evolved.
Title II and Title III of the ADA are particularly relevant to digital accessibility:
- Title II applies to state and local government entities, requiring them to ensure that all public services, including websites, are accessible to people with disabilities.
- Title III applies to public accommodations, such as businesses and nonprofits, mandating that they provide equal access to goods, services, and information—this includes websites and mobile apps.
Although the ADA does not explicitly mention websites, courts have increasingly interpreted it to include digital spaces. This means that websites and online services must be designed or updated to be accessible to people with disabilities, following guidelines such as the Web Content Accessibility Guidelines (WCAG). Non-compliance can result in legal actions, fines, and a mandate to make the necessary changes to ensure accessibility.
The ADA’s influence on digital accessibility emphasizes the need for inclusive design and the elimination of barriers that prevent people with disabilities from fully participating in the digital world.
Section 508 of the Rehabilitation Act, originally enacted in 1973 and significantly amended in 1998, is a crucial law that impacts digital accessibility. It mandates that all federal agencies ensure that their electronic and information technology (EIT) is accessible to people with disabilities. This includes websites, software, online documents, and other digital resources.
Under Section 508, federal agencies must develop, procure, maintain, and use EIT that is accessible to employees and members of the public with disabilities, providing them with comparable access to information and data as those without disabilities. The law applies to a wide range of digital content, including websites, multimedia, and software applications.
The accessibility standards under Section 508 are aligned with the Web Content Accessibility Guidelines (WCAG) 2.0, particularly the Level AA criteria, which cover essential aspects of web and digital content accessibility, such as text alternatives for images, keyboard navigation, and ensuring that content is perceivable, operable, understandable, and robust for all users.
Section 508 has a broad impact, not only ensuring accessibility within federal agencies but also influencing vendors and contractors who work with these agencies to comply with digital accessibility standards. As a result, Section 508 has driven significant improvements in the accessibility of government websites and digital services, serving as a model for other organizations to follow.
Digital Accessibility Policies and Laws by State
Below is a list of all 50 U.S. states and their applicable digital accessibility laws and policies. Links to additional information are also included.
Alabama follows federal guidelines and does not have additional state-specific digital accessibility laws.
Alaska follows federal regulations and does not have additional state-specific digital accessibility laws. However, the Alaskan government has a State of Alaska ADA Compliance Program and also follows WCAG 2.1, Level AA, for their own accessibility.
In addition to federal laws, Arizona includes digital accessibility standards in their statewide IT policy. This accessibility policy applies to all state government agencies and all entities that receive state funding, excluding certain universities.
In addition to federal digital accessibility requirements, Arkansas has a state law called Act 1227 of 1999. This act mandates that all Arkansas government agencies or entities that receive state funding must have accessible websites, specifically to users who are blind or visually impaired.
In addition to federal digital accessibility requirements, California has several different digital accessibility laws and regulations. They are:
- California Government Code Section 11545.7
This government code section mandates that every two years each state agency must post a certification of compliance with accessibility standards on their website. The website must be in compliance with Sections 7405 and 11135 of the California Government code as well as the WCAG 2.0, Level AA. - California Government Code Section 7405
This government code section reinforces Section 508 of the Rehabilitation Act and mandates that all state government entities follow Section 508’s accessibility requirements for electronic and information technology. - The Unruh Civil Rights Act
This is an anti-discrimination law that protects Californians from discrimination by businesses, and includes discrimination based on disability. This Act applies to websites and all businesses who sell products or services to Californians, even if the business is physically located in another state. Under the Unruh Act, if a business is found guilty they will be fined a minimum of $4,000. - California Government Code Section 11135
Similar to the Unruh Act, this government code section also prohibits discrimination on a variety of grounds, including disability. However, the Unruh Act applies to businesses who want to sell products to people in California – Code Section 11135 specifically applies to any program or activity that is administered by a state agency or an entity that receives funding from the state.
Colorado is one of the most recent states to pass state-specific digital accessibility guidance. In addition to federal regulations, Colorado has the House Bill 21-1110, also called the Colorado Laws for Persons with Disabilities. This law went into effect on July 1st, 2024. House Bill 21-1110 (HB21-1110) requires all digital content from the state government or any higher education institution in Colorado to be accessible. It also prohibits any public entity or state agency from excluding a person with a disability from participating in any service, program, or activity.
If a Colorado government entity is not in compliance with web accessibility standards they could be penalized in several ways, including having to pay monetary damages or a $3,500 fine.
HB21-1110 aligns with the WCAG, specifically stating that platforms must be compliant with the most recent version of the WCAG.
In addition to federal digital accessibility requirements, Connecticut has a Universal Website Accessibility Policy. This policy mandates that all state agencies conform to WCAG 1.0 Level A standards and also successfully incorporate Connecticut’s Checklist of Design Requirements.
In addition to federal digital accessibility requirements, Delaware has a state Digital Accessibility Policy that mandates all State of Delaware public-facing digital assets are accessible. Specifically, they must conform to the WCAG 2.1 Level AA.
Florida follows federal regulations and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Georgia requires all digital properties managed by state entities to be digitally accessible. Specifically, they must conform to WCAG 2.1 Level AA.
Hawaii follows federal regulations and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Idaho has their own Web Publishing Guidelines. These guidelines establish IT and Telecommunication policies and templates for state agencies to use and follow.
In addition to federal digital accessibility requirements, Illinois has the Illinois Information Technology Accessibility Act (IITAA). This act requires state agencies and universities to make their websites and other IT systems accessible to people with disabilities. The IITAA specifically establishes technical standards that encourage agencies to proactively address their accessibility.
In addition to federal digital accessibility requirements, Indiana has the Indiana Code 4-13.1-3. This state code reinforces Section 508 of the Rehabilitation Act, and requires all state IT systems, software, websites, web-based applications, and electronic documents to be accessible.
In addition to federal digital accessibility requirements, Iowa has a Website Accessibility Standard that mandates all state agencies and all website contractors who receive state funding must follow digital accessibility best practices. Specifically, all content must adhere to WCAG 2.0 Level AA.
In addition to federal digital accessibility requirements, Kansa has their own Information and Communication Technology Accessibility Standards, specifically called their Information Technology Executive Council (ITEC) Policy. This Policy ensures that state entities and contractors follow accessibility and usability best practices, which follow the WCAG 2.0, the ADA, and Section 508.
In addition to federal digital accessibility requirements, Kentucky has the Kentucky Accessible Information Technology (AIT) law. This law does not specify conformance with WCAG, but does say that state entities and state-assisted organizations must offer accessible IT equipment and software.
Louisiana follows federal regulations and does not have additional state-specific digital accessibility laws. However, the Louisiana Office of Technology Services (OTS) states that they follow WCAG 2.1 as their minimum standard.
In addition to federal digital accessibility requirements, Maine has a Digital Accessibility and Usability Policy. This policy mandates that all state digital information and services must be accessible, and it also states that vendors specifically must conform to WCAG 2.0 Level AA. They also have two groups centered around accessibility: the Information Technology Accessibility Committee, and a MaineIT Accessibility Team.
In addition to federal digital accessibility requirements, Maryland has specific regulations on nonvisual access. Specifically, the state has the Maryland Information Technology Nonvisual Access (MD IT NVA) Regulatory Standards. These regulatory standards require all new or upgraded IT information within the state government to be non-visually accessible.
In addition to federal digital accessibility requirements, Massachusetts has the Enterprise Information Technology Accessibility Policy. The policy applies to software, websites, digital reports, and more. This Massachusetts policy ensures that applicable digital assets conform to WCAG 2.1 Level AA. Executive branch agencies are required to comply with the policy.
Michigan follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Minnesota has the State of Minnesota Digital Accessibility Standard, which just had an update on July 1st, 2024. This standard requires state agencies adhere to WCAG 2.1 and that they must have accessible documents and websites.
Mississippi follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Missouri has the law RSMo. 161.935. This law specifically requires that all state agencies make their information technology accessible in the development, procurement, maintenance, and general use stages. It also applies to contracts or grants that center around ICT.
In addition to federal digital accessibility requirements, Montana has the state code 18-5-605 (originally called HB 239), which ensures that all state agencies provide IT access to people who are blind or visually impaired.
In addition to federal digital accessibility requirements, Nebraska also has an Accessibility Policy that mandates all state agencies’ ICT is accessible. Specifically, they must comply with the WCAG 2.1.
In addition to federal digital accessibility requirements, Nevada has the ADA Technology Accessibility Guidelines. These guidelines apply to all state entities and mandate conformance with WCAG 2.1.
In addition to federal digital accessibility requirements, New Hampshire has their own Web and Mobile Application Accessibility Standards, which all New Hampshire state agencies must follow. In addition to reinforcing the Section 508 requirements, New Hampshire’s standard encourages state agencies to use WCAG 2.0 to increase accessibility.
In addition to federal digital accessibility requirements, New Jersey has an additional law called NJ A4856. It requires digital platforms and web services used in school districts, charter schools, renaissance schools, and also specifically the Marie H. Katzenbach School for the Deaf to conform to the WCAG 2.1 Level AA.
New Mexico follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, New York has both the Accessibility of Information Communication Technology (NYS-P08-005) and the Senate Bill S3114A. The NYS-P08-005 sets the minimum accessibility requirements for web-based information and applications developed and/or used by state entities. The Senate Bill mandates that all state agencies must have websites that conform to the most current version of the WCAG.
North Carolina follows federal guidelines and does not have additional state-specific digital accessibility laws. However, they do have a Digital Accessibility and Usability Standard that offers guidance to state agencies on creating and maintaining accessible websites and other digital content. This standard mentions that “all agency websites and digital services must adhere to the official WCAG 2.1 Level AA.”
North Dakota follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Ohio has a State of Ohio Administrative Policy, Website Ability (IT-09). This policy mandates that all state agencies must conform to the WCAG 2.0 Level AA, and also that any outsourced web development that agencies get are also conformant to WCAG 2.0 Level AA.
In addition to federal digital accessibility requirements, Oklahoma passed the Electronic and Information Technology Accessibility Law (EITA) in 2004. The EITA incorporates the required standards in the Section 508 Refresh, including the use of WCAG 2.0. The standards apply to all Oklahoma state agencies.
Oregon follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Pennsylvania has an Information Technology Policy (ITP-ACC001). The policy mandates that all state government agencies must comply with the revised Section 508 standards as well as the most current version of the WCAG, Level AA. It also encourages agencies to meet Level AAA.
In addition to federal digital accessibility requirements, Rhode Island specifically states that “All Rhode Island state websites must be accessible according to the World Wide Web Consortium Priority 1 Checkpoints.” These checkpoints are from WCAG 1.0.
South Carolina follows federal guidelines and does not have additional state-specific digital accessibility laws. However, there is a program called the Access South Carolina IT (ASCIT) program that is an informal network of both public and private entities. The ASCIT Program recommends that all entities conform with WCAG 2.0 Level AA and also encourages conformance with WCAG 2.1 Level AA – but these are not actual laws.
South Dakota follows federal guidelines and does not have additional state-specific digital accessibility laws.
Tennessee follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Texas has their own Texas Web Accessibility Standards, which is a chapter of their Electronic Information Resources Accessibility Policy. While based on the Section 508 standards, the Texas accessibility standards include additional criteria for webcasts, applets, and plug-ins. Texas also has the Texas Administrative Code (TAC), Sections 206 and 213, which mandate that state government and higher education institution websites must be accessible, per the Section 508 standards.
In addition to federal digital accessibility requirements, Utah has a specific code that addresses accessibility standards for executive branch agencies (63A-16-209). This code explains that state agencies’ information technology, including agency websites, conform with the most recent version of the WCAG.
Vermont follows federal guidelines and does not have additional state-specific digital accessibility laws.
In addition to federal digital accessibility requirements, Virginia has the Virginia Information Technology Access Act (ITAA) and the Virginia Information Technology Accessibility Standard. The Standard was created by the Virginia Information Technologies Agency (VITA) and is incorporated into Virginia’s Enterprise Architecture Standard – specifically within the IT Accessibility Topic Report (GOV103-02). It mandates that all state agencies and higher education institutions follow Section 508 and WCAG 2.0 Level AA requirements.
In addition to federal digital accessibility requirements, Washington has the USER-01 Accessibility Policy (this policy used to be called Policy 188). This policy applies to all state agencies and states that the minimum level of accessibility conformance is Level AA conformance with the WCAG 2.1.
The policy also requires state agencies to have an IT Accessibility Plan.
West Virginia follows federal guidelines and does not have additional state-specific digital accessibility laws.
Wisconsin follows federal guidelines and does not have additional state-specific digital accessibility laws.
Wyoming follows federal guidelines and does not have additional state-specific digital accessibility laws.
The above list highlights the importance of digital accessibility across the U.S. For businesses and organizations operating online, understanding and adhering to these laws is crucial. While some U.S. states may not have specific state-level regulations, federal laws such as the ADA and Section 508 apply to them all.
Please Note: Laws and regulations are subject to change. We recommend regularly consulting with legal counsel or an accessibility expert to ensure compliance with the most current standards. The above list is for educational purposes only and does not constitute legal advice in any way.
Need Help Reaching Compliance?
Laws get tweaked and updated over time, and digital accessibility law is no exception. Ability’s team of accessibility experts is familiar with both WCAG conformance and legal compliance with various laws, including U.S. digital accessibility law. We are here to help ensure that your digital spaces – whether that’s a website, application, video, document, or other digital content – are accessible to all users. Our team of experts will assess, advise, and assist in implementing the necessary changes to ensure your website meets the highest standards of accessibility.
If you’re interested in getting a WCAG audit or even certifying your digital asset’s digital accessibility, schedule a quick call here with one of our accessibility experts.
(article last updated: 9/12/2024)
