Most businesses operating in Colorado must be aware that the Accessibility Law for State Agencies, HB21-1110, will take effect soon. On April 25, 2024, the HB24-1454 bill granted state entities a one-year grace period to improve their digital accessibility standards. Now, they must meet ADA compliance Colorado on or before July 1, 2025.
It’s high time for state agencies, third-party contractors, and private businesses with an online presence to reassess the accessibility of their websites. Failure to meet the existing standards may result in hefty fines.
In this post, you’ll learn everything about HB21-1110, its requirements, remedial steps, and the best tools to achieve ADA compliance in Colorado.
So, let’s get started.
Introduction to ADA Compliance Colorado HB21-1110
The HB21-1110, commonly known as the Colorado Law of Persons with Disabilities, was enacted in 2021. The Colorado accessibility bill established digital accessibility standards for all public-facing entities, especially websites, web apps, and SAAS functioning across the state.
It’s a landmark legislation that is part of the state’s commitment to inclusivity. Also known as the ADA Compliance Colorado Act, HB21-1110 mandates that all the digital resources in the state meet the current web accessibility standards.
Most Colorado-based businesses might want to know the need for separate web accessibility laws, especially when Section 508 and ADA website accessibility standards are in place.
Here’s the answer.
How HB21-1110 Differs From Other Website Accessibility Laws
With more than 1 in 4 American adults living with a disability, digital accessibility and inclusivity have become pressing issues. The Colorado HB21-1110 addresses significant challenges in usability for individuals with different kinds of disabilities.
Here’s how it differs from the prevailing Section 508 and ADA Title II:
Wider Scope, Better Clarity
It’s not just about website accessibility. Unlike other website accessibility laws, HB21-1110 encompasses a broader range of digital content.
Direct Enforcement
The ADA compliance Colorado law features a different enforcement mechanism. It empowers people with disabilities to directly use their rights and take legal action against the violator. In simple words, private and public organizations, as well as state agencies, will be directly accountable to the citizens.
Ongoing Support
Colorado-based agencies will be monitored by the Colorado Office of Information Technology (OIT) to enhance their accessibility. Businesses enjoy complete support throughout the compliance process, including:
- Providing helpful resources
- Conducting assessments
- Offering ongoing assistance
Penalties for Non-compliance
In Colorado, the potential fines are higher than most of the other US states. It’s a sensible move by the state, emphasizing the need for inclusivity and creating a stronger incentive for businesses to prioritize accessibility.
It Isn’t Just About Technical Compliance
HB21-1110 focuses on user experience, which is beyond technical compliance. In the case of other website accessibility laws, businesses often get away with penalties by meeting the bare minimum requirements.
However, HB21-1110 demands that all users, especially ones with disabilities, have a truly accessible and inclusive digital experience.
ADA Compliance in Colorado: HB21-1110 Implementations
The Colorado ADA compliance law covers a wide range of communication technologies, including, but not limited to, the following:
- Websites
- White papers
- Business documents
- Mobile apps
- Web applications
- Videos
- Signage
- Digital kiosks
- Audio content
- Third-party tools and integrations
Based on our expertise in ADA website accessibility auditing and consulting, we shall discuss how to meet ADA compliance in Colorado for websites, mobile apps, online software, web apps, and documents.
Who Needs to Comply with Colorado HB21-1110?
The law pertaining to ADA compliance in Colorado applies to:
- Public-facing government organizations: Websites owned by state or local governments.
- Third-party vendors: Private contractors or state-affiliated entities with public-facing roles. For example, digital content managers or hosting providers for government entities.
- Private businesses: Those with no contractual obligation or affiliation are exempted. However, they are encouraged to adopt the broader ADA compliance Colorado standards to avoid legal action.
Consequences for Non-Compliance
Failure to meet ADA compliance in Colorado may result in one or all of the following consequences:
- A court may demand immediate compliance.
- The guilty party may be charged with a fine of $3,500 for each violation. It must be paid to the aggrieved party.
- A court may demand financial compensation payable to individuals with a disability.
- The entity must reimburse legal costs if a lawsuit is successful.
The Role of OIT in Upholding ADA Compliance in Colorado
The Office of Information Technology (OIT), Colorado, has a crucial role in this transformative journey. Its core responsibilities include:
Setting Standards and Guidelines
OIT is tasked with establishing digital accessibility standards for state agencies and other public-facing entities. The organization is responsible for setting clear and achievable accessibility guidelines according to globally recognized standards. Currently, it follows Website Content Accessibility Guidelines (WCAG) 2.1 Level AA.
Accessibility Plans
The state organization ensures that the state agencies submit their accessibility plans without any hindrances. It also reviews those plans, ensuring cohesive strategy across the board.
Monitoring
OIT actively monitors state agencies for noncompliance. It also promotes best practices across the state’s IT infrastructure to help every public-facing agency meet the WCAG 2.1 AA success criteria.
Ongoing Support
The Colorado OIT has a unified approach to digital inclusion. For this purpose, it regularly coordinates with state agencies to facilitate the seamless implementation of these accessibility plans.
The Need for WCAG 2.1 AA
The WCAG 2.1 consists of a list of recommendations that will help state agencies address unnecessary barriers individuals with disabilities face when accessing online resources, such as websites, applications, media, documents, etc.
WCAG 2.1 is an extension of the previous WCAG 2.0, addressing the gaps in the previous version. While the previous version covered significant disabilities, the latest version extends it by focussing on (and addressing) the accessibility issues faced by:
- Individuals with cognitive or learning disabilities
- Users with disabilities on mobile devices
- Those with low vision
WCAG 2.1 contains as many as 17 new success criteria with different levels. In addition, some of the criteria discussed in the previous version have been updated with a higher degree of compliance.
OIT’s Requirements for WCAG 2.1
WCAG 2.1 AA covers an array of success criteria to address accessibility barriers. Some examples include:
For Visually Impaired
Websites must provide text alternatives for non-text visual content, including images, charts, videos, and animations. Similarly, descriptive alt text must be added to aid people who use screen reader software.
For People with Hearing Impairment
Transcripts, captions, and sign language interpretations must be there for non-text (audio/video) content to address accessibility issues faced by people with hearing impairments.
Accessibility for People with Cognitive Disabilities
Web pages should follow the structural hierarchy so that people with cognitive disabilities can understand the context of the content and navigate smoothly to perform intended tasks.
Countering Navigation Issues Faced by Individuals with Motor Disability
The content on the website, mobile app, or software should be compatible with alternative technologies, allowing people with motor disabilities to access it via keyboard-only setups, voice input, screen reader, or other means.
For Color Blind or Low Vision Individuals
Color contrast ratios should be sufficient for people with low vision or those with color blindness.
For Photosensitive People
Warning of and allowing users to avoid or adjust settings that could trigger seizures for those with photosensitive forms of epilepsy.
WCAG 2.1 offers many additional criteria regarding page layout, target sizes, link identification, plain language, predictable navigation, and more. These guidelines enhance the usability of digital content for people with disabilities.
ADA Compliance Checklist for Websites and Mobile Apps
State agencies and third-party contractors operating in Colorado must follow these steps to meet the HB21-1110 standards:
Use Accessibility Tools
An array of free and paid tools are available to help you gauge your website’s accessibility. You can use automated tools like Accessibility Spark to get a comprehensive website audit as per WCAG 2.1 AA.
Conduct a Human-Based Manual Audit
In addition to automated tools, you can leverage experts to detect potential flaws in your website accessibility. Qualified auditors will conduct manual testing and determine where your website stands against the ADA compliance Colorado standards.
Engage a Reputable Accessibility Consultant
Apart from utilizing in-house experts, it would be a good idea to hire a third-party auditor who is experienced in meeting WCAG 2.1 standards. They can assess current compliance levels and suggest a strategy to remove potential hurdles.
Educate Your Team
Learn the WCAG 2.1 AA standards and train your team members on meeting the POUR principles (Perceivable, Operable, Understandable, Robust).
Invest in Quality Reporting
Professionals provide clear remediation guidance through detailed reporting. Their guidance will help you achieve your compliance goals more efficiently.
Prioritize Remediation Efforts
It doesn’t matter if you are starting or are in the middle of the compliance process. Always focus on mitigating the most critical barrier to accessibility. Pay attention to the most critical issues first.
Validate Compliance
After performing the remedial steps, let your consultant perform accessibility testing again to validate the changes.
Document Compliance
The next step is to extend the HB21-1110 compliance to other digital files that users may interact with. These include PDFs, forms, presentations, and other important documents.
Best Tools to Test HB21-1110 ADA Compliance Colorado
As the deadline comes closer day by day, it’s high time you get the tool to analyze the accessibility of your website or mobile app against globally recognized standards.
The best compliance checker is comprehensive enough to test your website across multiple browsers and devices. It highlights potential flaws with respect to an array of assistive technologies.
If you haven’t figured out the right accessibility testing tool, you might want to check out the following list:
Accessibility Spark
Accessibility Spark is the perfect tool to ensure your website complies with Colorado standards for ADA compliance. It offers a five-minute easy implementation and an automated setup process.
The robust AI-powered mechanism provides comprehensive reporting and recommends content changes on webpages, mobile apps, and digital documents to save hours of manual effort.
With its comprehensive auditing technology, you can rest assured that all users can interact with your web pages regardless of disability or device.
It also provides an accessibility statement and a performance certification, confirming that your site meets essential accessibility criteria.
WAVE
Developed by WebAIM, WAVE is an excellent tool for testing website accessibility according to WCAG standards. In addition to checking for potential flaws, it offers a suite of evaluation tools to make your web content more accessible to individuals with disabilities.
Google Lighthouse
As the name suggests, Lighthouse is Google’s product. However, the good thing is that it is an open-source tool that does more than website accessibility testing. It allows you to check your website for performance, SEO, and progressive web apps, too.
Accessibility Checker
Accessibility Checker is your go-to testing tool if you wish to extend HB21-1110 compliance from the website to digital documents, such as Word, PDF, etc. It is an automated tool that efficiently conducts performance and accessibility testing across popular browsers, standards, and assistive technologies.
This tool offers comprehensive accessibility analysis against globally recognized standards, such as ADA Title III, AODA, Section 508, WCAG 2.2, and others.
NVDA
NVDA is a renowned accessibility tool developed by NV Access. It offers a host of assistive technologies to a diverse range of individuals with disabilities. For manual testing, NVDA serves as an anchor to assess your website’s compatibility with screen readers, voice-recognition software, keyboard-only setups, etc.
Final Thoughts
Meeting ADA compliance in Colorado isn’t just a legal obligation. It’s your opportunity to serve the citizens of Colorado. This transformation ensures your digital landscape welcomes everyone, including those with disabilities.
However, you need a learned partner, a professional who can keep you updated through regular reporting, identifying flaws, and suggesting instant changes. This is where a tool like Accessibility Spark comes in.
Accessibility Spark features a dynamic algorithm tested against world-renowned accessibility standards such as WCAG 2.0, WCAG 2.1, ADA Title II, AODA, ARIA, Section 508, and other European and Australian accessibility standards.
Once integrated, Accessibility Spark conducts automatic daily scans of your website to ensure constant compliance, addressing any new content, forms, images, videos, or widgets.
In short, Accessibility Spark can be your perfect partner to uphold the best accessibility practices.
Think about it.