Breaking News: Compliance Timeline Extended
Important Update: On April 2, 2025, Governor Jared Polis signed HB24-1454 into law, extending the compliance deadline for HB21-1110 by one year. State agencies now have until July 1, 2025 to achieve full compliance with accessibility standards.
Understanding Colorado’s Digital Accessibility Mandate
Colorado has positioned itself as a leader in digital accessibility with the passage of House Bill 21-1110, officially titled “Colorado Laws for Persons with Disabilities.” This groundbreaking legislation requires all state agencies to ensure their digital resources are accessible to people with disabilities, reflecting Colorado’s commitment to creating an inclusive digital environment for all citizens.
With the compliance deadline approaching in July 2025 and significant penalties for non-compliance, many Colorado state agencies are working diligently to understand requirements and implement necessary changes. This guide provides essential information about the law, its scope, requirements, and best practices for achieving compliance.
What Makes HB21-1110 Unique Among State Accessibility Laws?
Colorado’s approach to digital accessibility differs significantly from federal standards like Section 508 and ADA Title II in several important ways:
1. Comprehensive Scope
Unlike many state laws that focus primarily on websites, HB21-1110 encompasses a much broader range of digital content and technologies. The law applies to virtually all digital resources created, maintained, or used by state agencies.
2. Citizen Enforcement Mechanism
The Colorado law creates a direct enforcement pathway by empowering individuals with disabilities to take legal action against non-compliant agencies. This citizen-driven accountability model represents a significant departure from laws that rely solely on regulatory enforcement.
3. Substantial Penalties
The financial consequences of non-compliance under HB21-1110 exceed those in many other states, with potential fines of $3,500 per violation payable to each plaintiff, plus damages and attorney fees. This creates powerful incentives for agencies to prioritize accessibility.
4. Structured Support System
The Colorado Office of Information Technology (OIT) serves as a central resource hub for agencies working toward compliance. This coordinated approach helps ensure consistency and provides technical assistance throughout the implementation process.
5. Experience-Centered Approach
HB21-1110 emphasizes not just technical standards compliance but the overall user experience. This philosophy recognizes that true accessibility involves creating digital environments that work effectively for all users, regardless of ability.
What Digital Resources Fall Under HB21-1110?
The law applies to an extensive range of information and communication technology (ICT), including:
- Public-facing and internal websites
- Web and mobile applications
- Digital kiosks and interactive displays
- Electronic documents (PDFs, Word files, presentations)
- Multimedia content (videos, audio recordings)
- Digital signage
- Third-party integrations and tools
It’s particularly important to note that the law covers both internal and external digital resources. This means that systems used exclusively by state employees must meet the same accessibility standards as public-facing resources.
Document Scope Clarification
For digital documents, the law specifically applies to those in “active use,” defined as content regularly accessed by the public for services or by employees to perform job functions. This includes current official versions but excludes previous versions, drafts, and archived materials.
Who Must Comply with HB21-1110?
The law applies to:
- All Colorado state agencies and departments
- State-funded higher education institutions
- Other state entities
Private businesses are generally not subject to HB21-1110 unless they are contracted by or affiliated with state agencies for projects with public-facing components.
Colorado OIT’s Leadership Role
The Colorado Office of Information Technology plays a central role in implementation and oversight:
- Standard Development: Establishing accessibility guidelines based on WCAG 2.1 AA
- Planning Support: Reviewing agency accessibility plans and providing feedback
- Compliance Monitoring: Tracking progress and ensuring adherence to standards
- Resource Development: Creating guidance materials and best practices
- Interagency Coordination: Facilitating collaboration among state entities
WCAG 2.1 AA: The Technical Standard for Compliance
The Web Content Accessibility Guidelines (WCAG) 2.1 AA, developed by the World Wide Web Consortium (W3C), serve as the technical foundation for HB21-1110 compliance. These internationally recognized standards address a wide range of accessibility considerations:
Key WCAG Principles and Requirements
- Perceivable Content: Information must be presentable in ways all users can perceive
- Text alternatives for non-text content
- Captions and transcripts for multimedia
- Content that can be presented in different ways
- Content distinguishable through sufficient contrast
- Operable Interface: User interface components must be navigable by all users
- Keyboard accessibility for all functions
- Sufficient time to read and interact with content
- Avoidance of flashing content that could cause seizures
- Multiple ways to navigate and find content
- Understandable Content: Information and interface operation must be comprehensible
- Readable and understandable text
- Predictable operation and appearance
- Input assistance to help users avoid mistakes
- Robust Implementation: Content must be compatible with assistive technologies
- Compatibility with current and future user tools
- Properly structured markup
While WCAG compliance primarily benefits people with disabilities, these principles create better experiences for all users. Properly structured content helps everyone navigate more efficiently, while clear language and logical organization benefit users regardless of ability.
The Accessibility Overlay Myth
Many agencies exploring compliance options may encounter commercial “accessibility overlay” solutions that promise quick fixes through automated tools or widgets. Despite their widespread marketing, these solutions do not provide WCAG compliance and have been widely criticized by accessibility experts.
Research indicates approximately 30% of digital accessibility lawsuits in 2023 involved websites using overlay products, indicating their ineffectiveness in preventing legal challenges. Overlays generally cannot:
- Identify or fix many critical accessibility issues
- Provide consistent experiences across different assistive technologies
- Address the underlying structural problems in inaccessible content
The Colorado OIT has not explicitly endorsed or rejected these tools, but agencies should understand that relying solely on overlays is unlikely to achieve compliance with HB21-1110 requirements.
Consequences of Non-Compliance
The enforcement provisions of HB21-1110 create significant incentives for compliance:
- Court orders mandating immediate remediation
- Financial damages determined by the court
- Plaintiff’s attorney fees
- $3,500 statutory fine per violation, paid to each plaintiff
Perhaps most notably, the law allows any Colorado resident with a disability to initiate legal action against non-compliant agencies. This citizen enforcement mechanism makes proactive compliance particularly important, as agencies could face multiple simultaneous complaints once the law takes effect.
Recommended Compliance Process
To effectively address HB21-1110 requirements, state agencies should implement a structured approach:
1. Partner with Qualified Experts
Engage accessibility consultants with demonstrated experience in government compliance projects. Verify their qualifications and request references from similar organizations.
2. Comprehensive Accessibility Audit
Commission a thorough evaluation combining automated testing with expert manual review. Research indicates automated tools alone can identify only 25-30% of accessibility issues.
3. Detailed Remediation Guidance
Insist on specific, actionable recommendations rather than general statements of non-compliance. Effective audit reports should provide clear technical guidance for developers.
4. Strategic Implementation
Prioritize fixes based on:
- Critical barriers to access
- High-traffic pages and services
- Essential government functions
- Technical complexity and resource requirements
5. Validation Testing
Conduct follow-up testing with both automated tools and manual review to confirm remediation effectiveness. Include testing by users with disabilities when possible.
6. Staff Training
Implement comprehensive training for:
- Content creators
- Developers
- Designers
- Project managers
- Communications staff
7. Document Accessibility
For digital documents, consider specialized remediation services, particularly for large document libraries. Establish creation workflows that incorporate accessibility from the beginning.
VPATs and Procurement Considerations
As agencies work toward compliance, the Voluntary Product Accessibility Template (VPAT) becomes an essential tool for technology procurement. When selecting new digital products and services:
- Require vendors to provide current VPATs and Accessibility Conformance Reports (ACRs)
- Evaluate accessibility claims through independent testing
- Include specific accessibility requirements in contracts
- Establish remediation procedures for identified issues
VPATs provide standardized reporting on how products meet accessibility standards, helping agencies make informed purchasing decisions that support compliance goals.
Common Pitfalls to Avoid
Based on the experiences of organizations implementing similar requirements, agencies should be wary of:
- Over-reliance on automated testing: While valuable, automated tools cannot identify many critical accessibility issues
- “Quick fix” solutions: Accessibility widgets and overlays rarely address fundamental accessibility problems
- Assuming developer familiarity: Many web developers lack formal training in accessibility standards
- Delayed implementation: Given the technical complexity of remediation, starting early is essential
- Ignoring user feedback: Testing with actual assistive technology users provides invaluable insights
Looking Forward: Beyond Compliance
While HB21-1110 creates legal obligations, forward-thinking agencies recognize that digital accessibility represents more than regulatory compliance. Accessible digital resources:
- Serve more citizens effectively
- Reduce support costs
- Improve overall usability
- Demonstrate commitment to inclusive governance
- Position agencies for compliance with future requirements
By embracing accessibility as a core value rather than simply a legal requirement, Colorado state agencies can create digital environments that truly serve all citizens.
Conclusion
Colorado’s HB21-1110 establishes a comprehensive framework for digital accessibility in state government. With the revised compliance deadline of July 2025, agencies have a defined timeline to implement necessary changes. By understanding the law’s requirements, securing qualified assistance, and implementing structured remediation processes, Colorado state entities can achieve compliance while enhancing their service to all citizens.
For additional information and resources on HB21-1110 compliance, agencies should consult the Colorado Office of Information Technology’s accessibility resources and guidelines
References
Colorado General Assembly. (2025). “House Bill 24-1454.” https://leg.colorado.gov/bills/hb24-1454
Colorado General Assembly. (2021). “House Bill 21-1110.” https://leg.colorado.gov/bills/hb21-1110
Colorado Office of Information Technology. (2024). “Digital Accessibility Program.” https://oit.colorado.gov/accessibility