Arkansas has a state-specific accessibility statute, the Information Technology Access for the Blind law (Ark. Code Ann. Sec. 25-26-201 to 25-26-206; originally Act 1227 of 1999, amended through Act 308 of 2013), administered by the Division of Information Systems within the Department of Transformation and Shared Services / Shared Administrative Services. It requires that IT procured with state funds meet nonvisual-access standards keyed to Section 508 (36 C.F.R. 1194.21 and 1194.22, as of January 1, 2019) and obliges vendors to submit a VPAT, but it targets blind/visually-impaired access rather than a full WCAG 2.1 AA mandate. Enforcement is limited: under Sec. 25-26-206 an injured person may sue only for injunctive relief (4-year limitations period), and the statute provides no fines, civil penalties, or statutory damages. Broader WCAG 2.1 Level AA accessibility for all disabilities, with compliance deadlines of April 26, 2027 and April 26, 2028, applies through the federal ADA Title II baseline (28 CFR Part 35).

What the law requires

• Responsible agency Arkansas Department of Transformation and Shared Services, Division of Information Systems (formerly the Department of Information Systems / DIS); state IT functions now administered through the Department of Shared Administrative Services (SAS) (sas.arkansas.gov/information-systems/policies-standards/technology-legislation/) (opens in new tab)
• Adopted standard State statute references Section 508 technical standards by incorporation: the standards for software applications and operating systems in 36 C.F.R. Sec. 1194.21 and for web-based intranet/internet information and applications in 36 C.F.R. Sec. 1194.22, as those existed on January 1, 2019 (per Act 308 of 2013; earlier versions referenced the Jan 1, 2011 text). The official Technology Access procurement clause requires vendors to submit a VPAT for 36 C.F.R. 1194.21 and 1194.22. The statute does NOT itself adopt WCAG by version/level; WCAG 2.1 Level AA applies for all disabilities via the federal ADA Title II 2024 rule.
• Who it covers State agencies and entities covered by the subchapter procuring information technology in whole or in part with state funds; the technology access clause must be included in all IT procurement contracts by or for covered state entities. Coverage centers on state government and state-funded programs/activities. The statute does not expressly extend to local governments or independently to public higher education, though state-funded higher-ed IT procurement is captured; broader local-government and higher-ed digital access for all disabilities is governed by federal ADA Title II.
• Private right of action Yes, but narrow and non-monetary. Under Ark. Code Ann. Sec. 25-26-206 ('Action for injunction'), a person injured by a violation of the subchapter may maintain an action for injunctive relief to enforce the subchapter; the action must be commenced within four (4) years after the cause of action accrues (a continuing violation accrues at the time of the latest violation). Relief is limited to an injunction; no damages remedy is provided. This right of action applies only to the nonvisual-access (blind/visually impaired) statute, not to general WCAG/ADA digital-accessibility claims, which are enforced under federal ADA mechanisms (DOJ enforcement and ADA Title II private suits).
• Statutory damages / penalties None - enforcement is injunctive only. Ark. Code Ann. Sec. 25-26-206 authorizes only an action for injunctive relief; the subchapter prescribes no per-violation fines, civil penalties, or statutory/compensatory damages. No monetary statutory-damage amount exists in the Arkansas IT-access-for-the-blind statute.
• Exemptions Inherently-visual-information exemption: the minimum nonvisual specifications do not prohibit purchase or use of an IT product that does not meet the standards if the information manipulated or presented is inherently visual in nature so that its meaning cannot be conveyed nonvisually (Sec. 25-26-204(c); Act 1301 of 2003). The procurement clause also provides that where equivalent access is not reasonably available, blind/visually impaired individuals must instead be provided a reasonable accommodation as defined in 42 U.S.C. Sec. 12111(9). Agencies may not claim a product is unavailable merely because no marketplace product meets all standards; they must evaluate which product best meets the standards and document selection of a lesser-conforming product. Standard ADA undue-burden and fundamental-alteration defenses apply under the federal Title II baseline.
• Governing authority Information Technology Access for the Blind, Ark. Code Ann. Sec. 25-26-201 to 25-26-206 (originally Act 1227 of 1999; amended by Act 1301 of 2003, Act 750 of 2011, and Act 308 of 2013). Sec. 25-26-203 requires a vendor assurance of nonvisual access; Sec. 25-26-204 sets procurement requirements; Sec. 25-26-206 provides for injunctive enforcement. This is a nonvisual-access (blind / visually impaired) procurement statute, not a general WCAG mandate. General WCAG 2.1 AA coverage for all disabilities applies through the federal ADA Title II baseline (28 CFR Part 35).
• Compliance deadline State statute: IT procured on or after July 30, 1999 must include the technology access clause and meet nonvisual access standards; pre-July-30-1999 technology must comply at the time of an upgrade or replacement procurement (Sec. 25-26-204, 25-26-205). No newer state-specific WCAG deadline. Federal ADA Title II WCAG 2.1 AA deadlines also apply: April 26, 2027 (jurisdictions of 50,000 or more population) and April 26, 2028 (smaller jurisdictions and special district governments).

Official sources:
sas.arkansas.gov/information-systems/policies-standards/technology-legislation/ (opens in new tab)
sas.arkansas.gov/wp-content/uploads/2020/04/Act750.pdf (opens in new tab)
sas.arkansas.gov/wp-content/uploads/2020/04/technologyAccessClause.pdf (opens in new tab)
law.justia.com/codes/arkansas/title-25/chapter-26/subchapter-2/section-25-26-204/ (opens in new tab)
law.justia.com/codes/arkansas/title-25/chapter-26/subchapter-2/section-25-26-206/ (opens in new tab)
ada.gov/resources/2024-03-08-web-rule/ (opens in new tab)
section508.gov/manage/laws-and-policies/state/ (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.