Colorado Digital Accessibility Law

WCAG 2.1 AA + Section 508 State-specific law

Colorado has a state-specific digital accessibility law: HB 21-1110 (2021), amended by HB 25-1239 (2025), codified at C.R.S. 24-85-103 and 24-34-802. The Governor's Office of Information Technology (OIT) sets the technical standard, WCAG 2.1 Level A and AA, via rule 8 CCR 1501-11, with Section 508 referenced. Crucially, noncompliance by state agencies and local-government public entities (including public higher education) is treated as disability discrimination under the Colorado Anti-Discrimination Act, giving individuals a private right of action in court with a statutory fine of $5,000 per violation per plaintiff (raised from $3,500), actual damages, and noneconomic damages capped at $50,000, with good-faith 30-day cure reductions. The compliance baseline date was July 1, 2024, making Colorado a comparatively high-risk jurisdiction for inaccessible government ICT procurement.

What the law requires

  • Responsible agency Colorado Governor's Office of Information Technology (OIT); enforcement through private civil suits in Colorado courts under the Colorado Anti-Discrimination Act (Colorado Civil Rights Division administers CADA generally) (oit.colorado.gov/accessibility-law) (opens in new tab)
  • Adopted standard WCAG 2.1 Level A and AA (as published Sept 21, 2023), incorporated by reference in 8 CCR 1501-11; rules also reference Section 508 of the Rehabilitation Act as a standard
  • Who it covers State agencies and local government 'public entities' (state and local governments, special districts, and other governmental instrumentalities), including public higher education institutions as state agencies; covers public-facing and internal-facing ICT, websites, applications, documents, kiosks, and third-party/procured technology used on or after July 1, 2024. Liability falls on the public entity/state agency managing the content or platform.
  • Private right of action Yes. C.R.S. 24-34-802 makes a public entity's failure to comply with OIT accessibility standards a form of disability discrimination under the Colorado Anti-Discrimination Act. An individual with a disability may bring a civil suit in a court of competent jurisdiction and is entitled to a court order requiring compliance, plus damages or a statutory fine. Enforcement is private/complaint-driven through the courts, not administrative penalties by OIT.
  • Statutory damages / penalties Statutory fine of $5,000 per violation, payable to each plaintiff for each violation, as amended by HB 25-1239 (originally $3,500 under HB 21-1110); available as an alternative to actual monetary damages. Noneconomic loss/injury damages are capped at $50,000. A single violation on one digital product (e.g., a website or app) counts as a single incident, not separate violations, under C.R.S. 24-85-103 claims. Citation: C.R.S. 24-34-802.
  • Exemptions No general undue-burden or fundamental-alteration exemption is written into the statutory fine, but OIT rules (8 CCR 1501-11) apply WCAG criteria that are 'applicable and achievable.' HB 25-1239 added a good-faith cure provision: a defendant that did not knowingly or intentionally cause the violation and corrects it within 30 days of a complaint (with up to three additional 30-day periods for good-faith efforts) is entitled to a 50% reduction of the noneconomic damages cap. Small businesses (<=25 employees and <=$3.5M annual income) likewise receive a 50% fine reduction if the violation is corrected within 30 days and was not knowing or intentional.
  • Governing authority HB 21-1110 (2021), as amended by HB 25-1239 (2025); codified at C.R.S. 24-85-103 (CIO/OIT must promulgate accessibility standards based on WCAG) and C.R.S. 24-34-802 (defines noncompliance as discrimination, private right of action, statutory fine); OIT Technology Accessibility Rules at 8 CCR 1501-11
  • Compliance deadline July 1, 2024 - public entities and state agencies were required to fully comply with OIT accessibility standards by this date (C.R.S. 24-34-802(1)(c)); noncompliance became actionable as discrimination thereafter (commonly cited as enforceable from July 1, 2025). Federal ADA Title II deadlines (Apr 26 2027 / Apr 26 2028) also apply as a baseline.

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Official sources:
oit.colorado.gov/accessibility-law (opens in new tab)
leg.colorado.gov/bills/hb25-1239 (opens in new tab)
colorado.public.law/statutes/crs_24-34-802 (opens in new tab)
colorado.public.law/statutes/crs_24-85-103 (opens in new tab)
coloradosos.gov/CCR/DisplayRule.do?action=ruleinfo&ruleId=3447&deptID=6&agencyID=168&deptName=Office+of+the+Governor&agencyName=Governor's+Office+of+Information+Technology&seriesNum=8+CCR+1501-11 (opens in new tab)
oit.colorado.gov/accessibility-rules (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.