Montana has a state-specific accessibility statute, the Nonvisual Access Technology Procurement law (MCA 18-5-601 to 18-5-605), requiring information technology procured by or for state agencies to provide equivalent nonvisual access for blind and visually impaired users, with the Department of Administration developing the technology access clause and nonvisual access standards (18-5-604). Separately, the Department of Administration's SITSD publishes a digital accessibility standard adopting WCAG 2.1 Level AA for State of Montana websites and mobile apps and for digital services operated by vendors on the State's behalf, aligned with ADA Title II. There is no digital-accessibility-specific private right of action and no fixed per-violation statutory damages: the procurement statute carries no penalties, and disability-discrimination claims against state/local government run through the general Montana Human Rights Act as an administrative complaint-driven process filed with the Department of Labor & Industry within 180 days (MCA 49-2-501), where remedies are make-whole/injunctive and punitive damages are prohibited (MCA 49-2-506). An undue-burden exemption applies under MCA 18-5-605(5), and pre-July-1-2001 technology must comply at upgrade or replacement (18-5-605(4)). No Montana-specific statewide WCAG compliance deadline was found in statute or on the live SITSD page.

What the law requires

• Responsible agency Montana Department of Administration, State Information Technology Services Division (SITSD), which maintains the State of Montana digital accessibility standard; disability-discrimination complaints against state and local government are enforced by the Montana Department of Labor & Industry, Human Rights Bureau (under the Montana Human Rights Act). (doa.mt.gov/sitsd/accessibility) (opens in new tab)
• Adopted standard Two layers. (1) Statute: MCA Title 18 Part 6 requires state-procured information technology to provide equivalent nonvisual access for blind/visually impaired users; the technology access clause and nonvisual access standards are developed by the Department of Administration (18-5-604). The procurement statute does NOT cite WCAG or Section 508. (2) Policy/standard: the SITSD digital accessibility resource (doa.mt.gov/sitsd/accessibility) states that State of Montana websites and mobile apps must meet WCAG 2.1 Level AA as the technical standard, aligned with ADA Title II; verbatim: 'WCAG 2.1 Level AA as the technical standard.' Corroborated from statute text (mca.legmt.gov) and the SITSD .gov page.
• Who it covers Statute (MCA Title 18 Part 6): information technology procured by, or for the use of, state agencies; it does not expressly name public higher education or local government (corroborated from 18-5-603/18-5-604 text). SITSD standard: 'Digital services managed directly by the State and those operated by vendors on the State's behalf (such as hosted portals or applications),' i.e. content provided by or on behalf of state government (corroborated verbatim from doa.mt.gov/sitsd/accessibility). The Montana Human Rights Act (MCA 49-2-308) and Governmental Code of Fair Practices (49-3-205) reach the state and governmental services generally.
• Private right of action No digital-accessibility-specific private right of action. The procurement statute (MCA 18-5-601 to 18-5-605) contains no enforcement, penalty, or private-action provisions (corroborated: full text of all five sections reviewed on mca.legmt.gov). Disability discrimination by state/local government is handled under the general Montana Human Rights Act: a person 'may file a complaint with the department' (Department of Labor & Industry) within 180 days after the practice occurred or was discovered (corroborated verbatim from MCA 49-2-501); it is an administrative complaint-driven process, not a direct statutory damages suit. Federal ADA Title II court claims also remain available.
• Statutory damages / penalties None specific to digital accessibility, and no fixed per-violation statutory penalties under the applicable Montana law. The procurement statute prescribes no fines or damages (corroborated: 18-5-601 to 18-5-605 text). Under the general Montana Human Rights Act, on a finding of discrimination the order may 'require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise' (make-whole/affirmative and injunctive relief), and 'the order may not require the payment of punitive damages' (corroborated verbatim from MCA 49-2-506). Remedies are make-whole, not predetermined statutory amounts.
• Exemptions Undue-burden exemption under the procurement statute: 'A state agency may be exempted from the provisions of this part if the state agency makes a good faith determination that compliance would result in an undue burden' (corroborated verbatim from MCA 18-5-605(5)). Phase-in: compliance for information technology purchased before July 1, 2001 'must be achieved at the time of procurement of an upgrade or replacement of existing equipment or software' (corroborated verbatim from MCA 18-5-605(4)). SITSD also notes most government web content/mobile apps must meet WCAG 2.1 Level AA 'with only limited exceptions' (corroborated from doa.mt.gov/sitsd/accessibility). Federal ADA Title II undue-burden/fundamental-alteration defenses also apply.
• Governing authority MCA Title 18, Chapter 5, Part 6 (Nonvisual Access Technology Procurement), sections 18-5-601 through 18-5-605 (a state-specific procurement statute); plus the SITSD-published State of Montana digital accessibility standard adopting WCAG 2.1 Level AA. General disability/human-rights law that also applies (not digital-accessibility-specific): Montana Human Rights Act, MCA 49-2-308 (Discrimination by the state), and the Governmental Code of Fair Practices, MCA 49-3-205 (Governmental services). Federal ADA Title II and Section 508 are cited by SITSD as also applying.

Official sources:
doa.mt.gov/sitsd/accessibility (opens in new tab)
mca.legmt.gov/bills/mca/title_0180/chapter_0050/part_0060/sections_index.html (opens in new tab)
mca.legmt.gov/bills/mca/title_0180/chapter_0050/part_0060/section_0040/0180-0050-0060-0040.html (opens in new tab)
mca.legmt.gov/bills/mca/title_0180/chapter_0050/part_0060/section_0050/0180-0050-0060-0050.html (opens in new tab)
mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0010/0490-0020-0050-0010.html (opens in new tab)
mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0060/0490-0020-0050-0060.html (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.