Minnesota Digital Accessibility Law

WCAG 2.1 AA + Section 508 State-specific law

Minnesota has a state-specific digital accessibility regime beyond the federal ADA Title II baseline. Minnesota IT Services (MNIT) Office of Accessibility, under the State Chief Information Officer and Minn. Stat. 16E.03, subd. 9, mandates the State Digital Accessibility Standard (WCAG 2.1 Level AA, effective July 1, 2024) with Section 508 alignment for state-agency ICT. Critically, Minn. Stat. 363A.42 and 363A.43 provide statutory damages of $500 per violation plus attorney fees, payable to a qualified disabled person who sought an accessible public record or continuing-education format - a limited private right of action - capped at $15,000 per individual or class. Exemptions include undue burden (per 16E.015 subd. 4) and pre-2013 technology not substantially modified.

What the law requires

  • Responsible agency Minnesota IT Services (MNIT) - Office of Accessibility; standards set by the State Chief Information Officer (mn.gov/mnit/government/policies/accessibility/)
  • Adopted standard WCAG 2.1 Level AA (per State of Minnesota Digital Accessibility Standard v4.0, effective July 1, 2024); statute 16E.03 subd. 9 also incorporates Section 508 of the Rehabilitation Act (29 U.S.C. 794d) and WCAG (originally 2.0, updated by CIO standard to 2.1 AA)
  • Who it covers Under 16E.03 subd. 9: executive-branch state agencies (including Minnesota Office of Higher Education) for ICT procured, developed, or substantially modified; applies to creating, modifying, or procuring ICT. Under 363A.42 and 363A.43: broad public-entity scope including the executive, judicial, and legislative branches, Minnesota State Colleges and Universities, the University of Minnesota, cities, towns, counties, school districts, and all other political subdivisions, plus entities under contract with a public entity (363A.43). Vendors/contractors are reached indirectly through agency procurement obligations.
  • Private right of action Yes (limited) - Minn. Stat. 363A.42 and 363A.43 make penalties payable to a qualified disabled person (as defined in 363A.03, subd. 36) who sought the accessible record or format, creating a private cause of action; 363A.43 requires the action to begin within one year of the occurrence. 16E.03 subd. 9 itself is compliance/CIO-exception driven with no private remedy.
  • Statutory damages / penalties Yes - $500 per violation plus reasonable attorney fees, costs, and disbursements under both Minn. Stat. 363A.42 and 363A.43; total penalties payable to any individual or class capped at $15,000 regardless of number of violations, and attorney fees in class actions capped at $15,000. (16E.03 itself carries no statutory penalty.)
  • Exemptions 363A.42: exempts technology procured or developed before January 1, 2013 unless substantially modified or substantially enhanced, and records that cannot reasonably be modified to be accessible without an undue burden (undue burden as defined in Minn. Stat. 16E.015, subd. 4). 16E.03 subd. 9: CIO may grant exceptions and may modify standards that create an undue burden upon written findings.
  • Governing authority Minn. Stat. 16E.03, subd. 9 (CIO-developed accessibility standard incorporating Section 508 and WCAG); Minn. Stat. 363A.42 (public records accessibility, penalties); Minn. Stat. 363A.43 (continuing education accessibility, penalties); State of Minnesota Digital Accessibility Standard v4.0 (effective July 1, 2024)
  • Compliance deadline State Digital Accessibility Standard v4.0 (WCAG 2.1 AA) effective July 1, 2024 for ICT procured, developed, or substantially modified after that date; 363A.42 and 363A.43 penalty provisions effective January 1, 2013. Federal ADA Title II dates (Apr 26 2027 / Apr 26 2028) also apply as a baseline.

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Official sources:
revisor.mn.gov/statutes/cite/363A.42
revisor.mn.gov/statutes/cite/363A.43
revisor.mn.gov/statutes/cite/16e.03
mn.gov/mnit/government/policies/accessibility/
mn.gov/mnit/government/policies/accessibility/stat-basis.jsp
mn.gov/mnit/assets/MinnesotaStateAccessibilityStandard-v.4.0_tcm38-607575.pdf
disability.state.mn.us/technical-assistance/digital-accessibility/

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.