Kentucky Digital Accessibility Law

WCAG 2.1 + Section 508 State-specific law

Kentucky has a state-specific Accessible Information Technology (AIT) law, KRS 61.980 to 61.988 (enacted 2000), requiring the state and state-assisted organizations (including public universities, school districts, and local governments) to provide people with disabilities access to IT equipment and software equivalent to non-disabled users, in compliance with Section 508 and Section 255; the Commonwealth Office of Technology administers IT policy and the state's accessibility policy adopts WCAG 2.1. The law creates a private right of action: under KRS 61.988 any injured person may sue in Circuit Court, but relief is limited to injunctive relief and must be filed within four years. There are NO statutory damages or per-violation fines - enforcement is injunctive only - so the monetary penalty risk is low, with the federal ADA Title II 2024 rule (WCAG 2.1 AA, deadlines Apr 26 2027 / Apr 26 2028) providing the additional baseline.

What the law requires

  • Responsible agency Commonwealth Office of Technology (within the Finance and Administration Cabinet); accessibility procurement obligations are imposed directly on each covered entity's head/officer under the AIT statute (technology.ky.gov/) (opens in new tab)
  • Adopted standard Statute requires equivalent access compliant with Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act of 1996. The Commonwealth of Kentucky's official accessibility policy adopts WCAG 2.1 (conformance level not explicitly stated in the public accessibility statement; commonly applied as AA but not officially confirmed). Federal ADA Title II 2024 rule (WCAG 2.1 AA) also applies as a baseline.
  • Who it covers The state or any state-assisted organization, including state departments and agencies, public bodies, public colleges and universities, public school systems, local (city and county) governments / political subdivisions, and nonprofit organizations receiving state funds. Vendors/contractors are reached indirectly through the required technology access clause in procurement contracts (KRS 61.984).
  • Private right of action Yes - KRS 61.988 provides that any person injured by a violation of KRS 61.980 to 61.988 may bring an action for injunctive relief in Circuit Court (county of the plaintiff's residence or where the covered entity is located). Relief is limited to injunctive relief; the statute does not authorize a damages action.
  • Statutory damages / penalties None - the AIT law provides injunctive relief only (KRS 61.988, titled 'Action for injunctive relief'). No statutory damages, per-violation fines, or monetary penalties are specified in KRS 61.980 to 61.988. Enforcement is via private injunctive action; suit must be commenced within four (4) years after the cause of action accrues, with continuing violations accruing at the latest occurrence.
  • Exemptions Undue burden exemption under KRS 61.986: the head of a covered entity may exclude the technology access clause from a contract for assistive software or peripheral devices if the cost presents an undue burden. The exemption does NOT apply to (1) compatibility of standard operating systems with non-visual access software, or (2) the initial design and installation of information systems, which must permit later installation of non-visual access software. Federal ADA Title II fundamental-alteration and undue-burden defenses also apply to the baseline obligations.
  • Governing authority Kentucky Accessible Information Technology (AIT) law, KRS 61.980 to 61.988 (enacted 2000). Key sections: KRS 61.980 (definitions), KRS 61.982 (equivalent access requirement / Section 508 and Section 255 standards), KRS 61.984 (technology access clause in procurement contracts), KRS 61.986 (undue burden exemption), KRS 61.988 (action for injunctive relief). Commonwealth Office of Technology accessibility policy adopts WCAG 2.1.
  • Compliance deadline No separate state-specific deadline; the AIT law has been in effect since 2000 and applies on an ongoing basis to new technology purchases. Federal ADA Title II compliance dates also apply (Apr 26 2027 for entities serving populations of 50,000+ ; Apr 26 2028 for smaller entities and special district governments).

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Official sources:
apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37294 (opens in new tab)
apps.legislature.ky.gov/law/statutes/statute.aspx?id=23111 (opens in new tab)
kentucky.gov/policies/pages/accessibility.aspx (opens in new tab)
technology.ky.gov/ (opens in new tab)
katsnet.org/resources/accessibility/attachment/ky-ait-law/ (opens in new tab)
law.justia.com/codes/kentucky/2022/chapter-61/section-61-988/ (opens in new tab)
law.justia.com/codes/kentucky/2011/061-00/61-988/ (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.