Arizona Digital Accessibility Law
Arizona has both a statewide administrative web accessibility policy and a general state disability anti-discrimination statute, layered over the federal ADA Title II baseline. The Arizona Department of Administration's Strategic Enterprise Technology Office (ADOA-ASET) maintains a statewide web accessibility policy (published at az.gov/policy/accessibility and listed by section508.gov), issued under the department's statewide IT standards authority in A.R.S. Title 18 (Sec. 18-104) and applying to state 'budget units' as defined in A.R.S. Sec. 18-101, which excludes the state universities, the community colleges, and the legislative and judicial branches.
What the law requires
- Responsible agency Arizona Department of Administration - Arizona Strategic Enterprise Technology Office (ADOA-ASET) for the statewide IT/web accessibility policy applied to state budget units; disability-discrimination enforcement under the Arizonans with Disabilities Act is handled by the Arizona Attorney General's Office (A.R.S. Sec. 41-1492.09). (aset.az.gov) (opens in new tab)
- Adopted standard The statewide ADOA-ASET web accessibility policy references Section 508 of the federal Rehabilitation Act as its governing standard (corroborated by an official Arizona state agency restatement of the ADOA-ASET policy framework at azarts.gov, which lists 'Federal Rehabilitation Act, Section 508' as the reference).
- Who it covers The statewide policy applies to Arizona 'budget units' as defined in A.R.S. Sec. 18-101: 'a department, commission, board, institution or other agency of the state receiving, expending or disbursing state funds,' including the board of regents and the state board of directors for community colleges, but EXCLUDING the universities under the jurisdiction of the board of regents, the community colleges under their respective jurisdictions, and the legislative and judicial branches (budget-unit definition corroborated from azleg.gov Sec. 18-101). The Arizonans with Disabilities Act separately reaches public entities (state and local government) under Sec. 41-1492.01 (which requires conformance to ADA Title II) and private-entity public accommodations under Sec. 41-1492.02 (mirroring ADA Title III). Public higher-education websites, although outside the state IT policy's 'budget unit' scope, remain covered by the federal ADA Title II baseline.
- Private right of action Yes, but under the GENERAL disability statute, not a digital-specific one. Under the Arizonans with Disabilities Act, A.R.S. Sec. 41-1492.08, any aggrieved person subjected to discrimination in violation of Sec. 41-1492.01 (public entities) or Sec. 41-1492.02 (public accommodations) may bring a civil action for injunctive/mandatory relief, filed not later than two years after the occurrence or termination of the alleged discriminatory practice (corroborated from azleg.gov Sec. 41-1492.08). For public accommodations operated by private entities, the plaintiff must first give written notice with sufficient detail to allow the entity to identify and cure the violation; the entity has 30 days to cure (with an additional 60 days if government permits/a corrective action plan are needed), and the aggrieved person or their attorney may not demand or collect money from the private entity before that period expires (corroborated from azleg.gov Sec. 41-1492.08). The standalone ADOA-ASET statewide web accessibility policy is administrative and carries no private right of action.
- Statutory damages / penalties Under A.R.S. Sec. 41-1492.09, in an Attorney General enforcement action the court may impose civil penalties of not more than $5,000 for a first violation and not more than $10,000 for any subsequent violation, and may award 'such other relief as the court considers appropriate, including monetary damages to aggrieved persons' (but not punitive damages); the court must consider any good-faith effort to comply when setting penalties, and may allow the prevailing party other than the attorney general reasonable attorney fees (all corroborated from azleg.gov Sec. 41-1492.09). These are GENERAL disability-discrimination remedies under the AzDA, not digital/ICT-specific statutory damages, and the dollar figures apply through Attorney General enforcement rather than as per-violation private statutory damages. Whether these AzDA penalties have been applied specifically to website/ICT inaccessibility (as opposed to physical facilities) is not established from the primary sources consulted.
- Exemptions The statewide policy excludes the state universities, the community colleges, and the legislative and judicial branches from its 'budget unit' scope (A.R.S. Sec. 18-101). Under the AzDA, courts must consider any good-faith effort or attempt to comply when determining penalties (Sec. 41-1492.09), and private public-accommodation defendants receive a notice-and-cure period before suit (Sec. 41-1492.08). Through the AzDA's incorporation of ADA Title II / Title III standards, the usual federal defenses (undue burden, fundamental alteration) and, under the Title II 2024 web rule, exceptions such as archived web content, certain preexisting conventional electronic documents, third-party content, and certain password-protected course content for public education would apply to the underlying federal baseline.
- Governing authority Statewide IT/web accessibility policy: ADOA-ASET statewide web accessibility policy (published by the State of Arizona at az.gov/policy/accessibility and listed by section508.gov as Arizona's state accessibility policy), issued under the department's statewide IT policy/standards authority in A.R.S. Title 18 - specifically A.R.S. Sec. 18-104 (powers and duties of the department, including 'adopting statewide technical and coordination standards for information technology' and approving budget-unit IT plans) and applying to 'budget units' as defined in A.R.S. Sec. 18-101. (Note: secondary sources and older policy documents cite A.R.S. Sec. 41-3504 as the IT authority; on the current azleg.gov text, Sec. 41-3504 is 'Applicants for regulation; factors' (professional-regulation), and the IT powers now appear in Title 18, so 41-3504 appears to be a stale/renumbered citation and is not relied on here.) Separately, the Arizonans with Disabilities Act (AzDA), a GENERAL disability anti-discrimination statute (not a digital-accessibility-specific statute): A.R.S. Sec. 41-1492 et seq. - including Sec. 41-1492.01 (public entities, which 'shall conform to title II' of the ADA), Sec. 41-1492.02 (public accommodations operated by private entities, mirroring ADA Title III), Sec. 41-1492.08 (civil action by an aggrieved person; notice/cure), and Sec. 41-1492.09 (investigation and enforcement by the attorney general; civil penalties). Federal ADA Title II (28 CFR Part 35) applies as the underlying baseline for public entities, including public higher education.
- Compliance deadline No distinct state-specific statutory compliance deadline was found for the AzDA or the ADOA-ASET statewide policy. Federal ADA Title II web/mobile deadlines apply to covered public entities (Apr 26 2027 for public entities serving populations of 50,000 or more and for state government entities; Apr 26 2028 for public entities serving populations under 50,000 and special district governments) per 28 CFR Part 35 (2024 rule).
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section508.gov/manage/laws-and-policies/state/ (opens in new tab)
azleg.gov/ars/18/00101.htm (opens in new tab)
azleg.gov/ars/18/00104.htm (opens in new tab)
azleg.gov/ars/41/01492-01.htm (opens in new tab)
azleg.gov/ars/41/01492-02.htm (opens in new tab)
azleg.gov/ars/41/01492-08.htm (opens in new tab)
azleg.gov/ars/41/01492-09.htm (opens in new tab)
azleg.gov/arsDetail/?title=18 (opens in new tab)
azarts.gov/usability-compliance/ (opens in new tab)
Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.