Navigating Colorado’s Digital Accessibility Mandate: HB21-1110 and Your Path to Compliance

HB21-1110 mandates that all Colorado government entities must adhere to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA by July 1, 2024. These guidelines, developed by the World Wide Web Consortium (W3C), provide a comprehensive framework for making digital content perceivable, operable, understandable, and robust for people with various disabilities, including visual, auditory, motor, and cognitive impairments. You can learn more about WCAG 2.1 at the official W3C website: https://www.w3.org/WAI/WCAG21/Understanding/

Here’s a summary of the key requirements:

1. Scope:
   • The law applies to all digital content and technology, including websites, applications, documents (PDFs, Word docs, etc.), videos, audio, internal systems, and even third-party tools used by government employees or the public. Both public-facing and internal-facing resources are included. This broad scope underscores the commitment to comprehensive accessibility across all digital touchpoints.
2. Important Deadlines:
   • The initial deadline for full compliance was July 1, 2024. However, House Bill 24-1454 introduces the possibility of a one-year grace period, extending the deadline to July 1, 2025. It’s crucial to understand that this grace period is not automatic. Agencies must actively demonstrate “good faith efforts” toward achieving compliance and addressing identified accessibility issues. This might include documented remediation plans, ongoing accessibility testing, and staff training initiatives.
3. Accessibility Plans:
   • State agencies are required to submit formal, written accessibility plans to the Governor’s Office of Information Technology (OIT). These plans should outline the agency’s strategies for achieving and maintaining compliance with WCAG 2.1 AA. Local government entities must also develop accessibility plans but are not required to submit them to the OIT. These plans serve as crucial evidence of your good-faith efforts and commitment to accessibility.
4. Consequences of Non-Compliance:
   • Failure to comply with HB21-1110 can expose government entities to legal action. Individuals with disabilities have the right to file lawsuits against non-compliant agencies. Penalties can include court orders mandating compliance, monetary damages awarded to plaintiffs, reimbursement of attorney fees, and statutory fines of $3,500 per violation, payable to each individual affected by the lack of accessibility. The potential financial and reputational damage from non-compliance underscores the importance of proactive accessibility efforts.
5. OIT’s Role:
   • The Governor’s Office of Information Technology (OIT) plays a central role in implementing and overseeing HB21-1110. OIT is responsible for defining the accessibility standards, reviewing the accessibility plans submitted by state agencies, promoting and monitoring accessibility across the state’s IT infrastructure, and providing support to state agencies as they work toward compliance. Local governments, while not required to report directly to OIT, are encouraged to seek guidance and support from organizations like the Colorado Counties, Inc. (CCI), Colorado Municipal League (CML), or Special Districts Association of Colorado (SDA). OIT’s guidance can be found here : Colorado Guide to Accessible Web Services

Achieving digital accessibility transcends mere legal compliance. It represents a fundamental commitment to inclusivity, equity, and the full participation of all citizens in public life. By making digital resources accessible, government agencies ensure that individuals with disabilities can access essential information and services, engage with government processes, and exercise their rights just as easily as anyone else. This fosters a more just and equitable society and strengthens the relationship between government and the communities it serves.

Navigating the complexities of WCAG 2.1 AA and building a robust accessibility strategy can be a complex undertaking. FIREANT STUDIO is your dedicated partner in this journey, offering comprehensive expertise and support every step of the way. We provide a range of targeted services designed to meet the unique needs of Colorado school districts and government agencies:

1. Accessibility Audits and Assessments:
   • Our team performs in-depth accessibility audits of your current digital assets, meticulously identifying accessibility barriers and providing prioritized recommendations for remediation. Our audits adhere rigorously to WCAG 2.1 AA guidelines and utilize a combination of automated testing tools and expert manual review to ensure comprehensive coverage.
2. Remediation Services:
   • We go beyond simply identifying issues – we actively resolve them. Our skilled accessibility experts can remediate existing websites, documents, and other digital materials, bringing them into full compliance with WCAG standards. We collaborate closely with your team throughout the process to minimize disruptions to your ongoing operations.
3. Development and Design with Accessibility in Mind:
   • For new digital projects, we integrate accessibility considerations from the initial design and development phases – see our accessible design process. This proactive approach, known as “accessibility by design,” ensures that websites and applications are built with inclusive principles baked in, saving significant time and resources in the long run.
4. Document Remediation:
   • We specialize in transforming inaccessible documents, including PDFs and Word files, into fully accessible formats. This encompasses crucial steps like tagging documents for proper structure, adding descriptive alt text to images, ensuring correct reading order for assistive technologies, and utilizing tools like ClarityPDF.io  for accessible web and PDF solutions.
5. Video Captioning and Audio Description:
   • We provide accurate and timely captioning and audio description services for video content, making it accessible to individuals who are deaf or hard of hearing, as well as those with visual impairments.
6. Accessibility Training:
   • We empower your staff with customized training programs focused on creating and maintaining accessible content. Our training covers key topics such as WCAG guidelines, the effective use of assistive technology, and best practices for inclusive design.
7. Ongoing Support and Monitoring:
   • We recognize that accessibility is an ongoing commitment, not a one-time fix. We offer continuous support and monitoring services to help you maintain compliance over time. This includes regular accessibility checks, updates as WCAG guidelines evolve, and ongoing guidance and support.
8. Detailed Reporting and Documentation:
   • We provide comprehensive reports documenting our audit findings, remediation efforts, and ongoing monitoring activities. This meticulous documentation is essential for demonstrating your “good faith efforts” towards compliance, particularly if your agency is pursuing the grace period offered by HB24-1454. These reports provide a transparent roadmap of your progress and showcase your organization’s dedication to accessibility.

We understand the accessibility journey can be a daunting undertaking, but we’re here to help make that process as simple and painless as possible.

1. Expertise and Experience:
   • Our team possesses deep expertise in WCAG guidelines, assistive technologies, and accessibility best practices.  Let’s start with an accessibility audit.
2. Tailored Solutions:
   • We customize our services to precisely fit your organization’s unique needs and budget.
3. Proactive Approach:
   • We prioritize preventing accessibility issues before they arise, saving you valuable time and resources.
4. Comprehensive Support:
   • We offer a full suite of end-to-end accessibility solutions, from initial audits and remediation to training and ongoing monitoring.
5. Peace of Mind:
   • Partnering with a trusted expert like FIREANT STUDIO gives you the confidence that you are fulfilling your legal obligations and fostering a truly inclusive digital environment.