Nebraska Digital Accessibility Law

WCAG 2.1 AA + Section 508 State-specific law

Nebraska has a binding statewide digital accessibility policy: NITC Technical Standards & Guidelines Policy 2-101, administered by the Nebraska Information Technology Commission and the state Chief Information Officer, which requires ICT procured, developed, maintained, or used by state agencies to conform to the Revised Section 508 Standards and, as amended July 11, 2025, to the ADA Title II Web and Mobile Accessibility rule (28 CFR Part 35 Subpart H, i.e., WCAG 2.1 Level AA). Neb. Rev. Stat. 73-205 separately requires an accessibility technology access clause in state IT procurement contracts. The policy exempts legacy ICT (pre-Nov 14, 2020), public safety systems, and contractor-incidental ICT, and carries the usual undue burden / fundamental alteration defenses. There is no Nebraska private right of action or statutory damages for digital accessibility; enforcement is compliance/policy-driven at the state level, with monetary risk arising under the federal ADA Title II framework (deadlines April 26, 2027 / April 26, 2028).

What the law requires

  • Responsible agency Nebraska Information Technology Commission (NITC), with the state Chief Information Officer / Office of the CIO (within the Department of Administrative Services); the Commission for the Blind and Visually Impaired co-developed the procurement technology access clause (nitc.nebraska.gov/) (opens in new tab)
  • Adopted standard Revised Section 508 Standards (36 C.F.R. Part 1194, 2018) as the primary adopted standard for state-agency ICT, with Nebraska-specific modifications. Policy 2-101(3)(b), as amended July 11, 2025, additionally requires state agencies to conform with 28 CFR Part 35 Subpart H (ADA Title II Web and Mobile Accessibility), which mandates WCAG 2.1 Level AA. WCAG 2.1 AA is the effective web/mobile standard; Section 508 is directly aligned.
  • Who it covers State agencies (ICT procured, developed, maintained, or used by state agencies). The University of Nebraska and other state institutions are state agencies and are covered. NITC project review under 86-512 to 86-524 also reaches governmental entities and political subdivisions that use state-appropriated funds for IT, but Policy 2-101's ICT conformance mandate is written for state agencies. Vendors/contractors are reached indirectly via the 73-205 procurement technology access clause and the Policy 2-101 scoping (though contractor-incidental ICT is exempt). Local governments are not directly bound by Policy 2-101 but are independently subject to federal ADA Title II.
  • Private right of action No - there is no state private right of action specific to digital/ICT accessibility. NITC Policy 2-101 and Neb. Rev. Stat. 73-205 contain no enforcement, damages, or private-suit provisions. Nebraska disability provisions such as Neb. Rev. Stat. 20-126 are declaratory policy statements, not ICT enforcement mechanisms. Enforcement is administrative/compliance-driven through the NITC and state CIO, plus the federal ADA Title II remedies (DOJ enforcement and private suits in federal court).
  • Statutory damages / penalties None - no state statutory or per-violation damages for digital accessibility. Enforcement is policy/compliance-driven at the state level; monetary exposure arises chiefly under the federal ADA Title II framework (injunctive relief, and compensatory damages under Section 504 / DOJ action), not under a Nebraska statute.
  • Exemptions Per NITC Policy 2-101 (Revised 508 Standards as modified for Nebraska): (1) Legacy ICT - existing ICT procured, maintained, or used on or before November 14, 2020 that complied with an earlier adopted standard and has not been altered since is not required to be brought up to the Revised 508 Standards; (2) Public Safety Systems - the Revised 508 Standards do not apply to ICT operated by state agencies as part of a public safety system; (3) State Contracts - ICT acquired by a contractor incidental to a contract is not required to conform. The incorporated Revised 508 Standards and ADA Title II also carry the standard undue burden and fundamental alteration defenses.
  • Governing authority NITC Technical Standards & Guidelines Policy 2-101 (Accessibility Policy), adopted Oct 31, 2001, amended Nov 14, 2019 and July 11, 2025 (https://nitc.nebraska.gov/standards/2-101.pdf); Neb. Rev. Stat. 73-205 (technology access clause required in state IT procurement contracts since Jan 1, 2001); NITC enabling authority at Neb. Rev. Stat. 86-512 to 86-524. Federal ADA Title II (28 CFR Part 35, including new Subpart H) applies as the baseline and is expressly incorporated by Policy 2-101.
  • Compliance deadline No separate state-specific calendar deadline in Policy 2-101; the policy is in effect (last amended July 11, 2025). Because Policy 2-101 incorporates 28 CFR Part 35 Subpart H, the federal ADA Title II Web/Mobile deadlines apply: April 26, 2027 for state/local entities with populations of 50,000 or more, and April 26, 2028 for smaller entities and special district governments.

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Official sources:
nitc.nebraska.gov/standards/2-101.pdf (opens in new tab)
nitc.nebraska.gov/standards/ (opens in new tab)
nitc.nebraska.gov/commission/statutes.html (opens in new tab)
nebraskalegislature.gov/laws/statutes.php?statute=73-205 (opens in new tab)
nebraskalegislature.gov/laws/statutes.php?statute=86-516 (opens in new tab)
nebraskalegislature.gov/laws/statutes.php?statute=20-126 (opens in new tab)
section508.gov/manage/laws-and-policies/state/ (opens in new tab)
ecfr.gov/current/title-28/chapter-I/part-35/subpart-H (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.