Delaware's digital-accessibility mandate is a binding statewide administrative policy, the State of Delaware Digital Accessibility Policy, issued and administered by the Department of Technology and Information (DTI), which adopts WCAG 2.1 Levels A and AA and references ADA Title II and Section 508. The policy applies to State websites, online services, digital documents, and web-based tools provided or managed by the State of Delaware; it does not enumerate covered agencies or separately address universities. There is NO Delaware digital-accessibility-specific statute, private right of action, or statutory damages. The general Delaware Equal Accommodations Law (6 Del. C. Chapter 45) is civil-rights/public-accommodations law that does not mention websites or ICT; it provides a general enforcement path through the Human and Civil Rights Commission and Attorney General, with a private suit available in Superior Court or Court of Chancery if the AG does not act within 60 days (6 Del. C. 4511(d)), and general civil penalties up to $25,000 in Commission actions (6 Del. C. 4508(h)) and up to $50,000 for repeat AG-enforced violations (6 Del. C. 4512). DTI's statutory authority to set statewide technology standards comes from 29 Del. C. Chapter 90C, which does not itself mandate accessibility.

What the law requires

• Responsible agency Delaware Department of Technology and Information (DTI) (accessibility.dti.delaware.gov/) (opens in new tab)
• Adopted standard WCAG 2.1 Levels A and AA, as adopted by the DTI State of Delaware Digital Accessibility Policy. The policy also references alignment with Section 508 of the Rehabilitation Act and ADA Title II. Corroborated from the official DTI accessibility .gov policy page.
• Who it covers Per the DTI Digital Accessibility Policy (official .gov text): applies to 'State websites, online services, digital documents, and web-based tools provided or managed by the State of Delaware,' including websites, web applications, PDFs, online forms, multimedia, and third-party tools. The policy page does not enumerate which specific agencies or entities must comply and does not separately address public universities.
• Private right of action No digital-accessibility-specific private right of action exists in Delaware law. The DTI Digital Accessibility Policy is an administrative policy and creates no private cause of action. A GENERAL public-accommodations enforcement path exists under the Delaware Equal Accommodations Law: under 6 Del. C. 4511, an aggrieved party may seek Superior Court review of a Human and Civil Rights Commission panel order within 30 days, and under 6 Del. C. 4511(d), if the Attorney General has not commenced a civil action within 60 days of notice of breach, the aggrieved party may file in Superior Court or Court of Chancery to enforce and may recover reasonable attorneys' fees. This is general civil-rights enforcement, not a digital-accessibility/ICT-procurement-specific cause of action; whether courts would apply it to an inaccessible state website or VPAT/procurement claim is not established by case law reviewed. Corroborated from delcode.delaware.gov, 6 Del. C. 4511.
• Statutory damages / penalties No digital-accessibility-specific statutory damages exist in Delaware law. GENERAL Equal Accommodations Law remedies (6 Del. C. Chapter 45), corroborated from delcode.delaware.gov: under 6 Del. C. 4508(h) a Commission panel may assess civil penalties not exceeding $5,000 for a first discriminatory public-accommodations practice, $15,000 with one prior violation within 5 years, and $25,000 with two or more prior violations within 7 years, in addition to actual damages, costs, attorneys' fees, and injunctive relief. Under 6 Del. C. 4512, in Attorney General pattern-or-practice / public-interest actions the court may assess civil penalties not exceeding $25,000 for a first violation and not exceeding $50,000 for any subsequent violation. These are general public-accommodations penalties, NOT penalties tied specifically to ICT/VPAT procurement or digital accessibility.
• Governing authority Binding statewide policy: State of Delaware Digital Accessibility Policy, issued and administered by the Department of Technology and Information (DTI). DTI's statutory authority to create, implement, and enforce statewide technology policies, standards, and guidelines derives from 29 Del. C. Chapter 90C (esp. 29 Del. C. 9004C). The DTI policy itself cites ADA Title II, Sections 504 and 508 of the Rehabilitation Act, and 6 Del. C. 4504 as legal underpinnings. Note: 6 Del. C. Chapter 45 (Delaware Equal Accommodations Law) is GENERAL civil-rights / public-accommodations law and does not itself mention digital accessibility, websites, or ICT; Chapter 90C grants DTI authority but does not itself mandate accessibility standards. The accessibility mandate is the DTI policy, not a digital-accessibility-specific statute.
• Compliance deadline No Delaware-specific digital-accessibility statutory deadline was confirmed from official sources; the DTI policy describes ongoing compliance and an in-progress compliance program rather than a one-time state deadline. DTI's own .gov page identifies the federal ADA Title II / DOJ deadline of April 24, 2026 for state and local governments serving populations of 50,000 or more to meet WCAG 2.1 AA (a federal deadline referenced by Delaware, not a state-created deadline).

Official sources:
accessibility.dti.delaware.gov/state-of-delaware-digital-accessibility-policy/ (opens in new tab)
accessibility.dti.delaware.gov/ (opens in new tab)
delcode.delaware.gov/title6/c045/ (opens in new tab)
delcode.delaware.gov/title29/c090c/sc01/index.html (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.