Plan Now for a New Law Regarding Website Accessibility for Individuals with a Disability

In 2021 the Colorado legislature passed a new law, House Bill 21-1110, which will create new compliance standards for website accessibility with which Colorado public entities must comply, including charter schools and school districts. While the core aspect of the law does not go into effect until July 1, 2024, each affected public entity would do well to begin planning for implementation starting now.

The new law requires public entities to develop an "accessibility plan" that follows accessibility standards adopted by Colorado’s Office of Information Technology ("OIT"). Failure to do so could result in a civil suit being filed against the public entity resulting in a court order requiring compliance, monetary damages, attorney’s fees; or a statutory fine of $3,500 payable to each disabled plaintiff for each violation.

Here is what the new law says, in part, "An individual with a disability ... must not, by reason of the individual's disability, be excluded from participation in or be denied the benefits of services, programs, or activities provided by a public entity ... or be subjected to discrimination by any such public entity or state agency. Discrimination pursuant to this section includes the failure of a public entity or state agency ... to develop an accessibility plan using the accessibility standards established [by OIT] and fully comply, on or before July 1, 2024, with the accessibility standards for individuals with a disability established by the [OIT]. Liability for noncompliance as to content lies with the public entity or state agency that manages the content. Liability for noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform...”

The OIT with the Colorado Attorney General’s Office have released an FAQ document available here: Accessibility Operations Memorandum

An overview for compliance, including OIT’s accessibility guide, is available here: Accessibility Law for Colorado State and Local Government | Office of Information Technology