New Hampshire Digital Accessibility Law
New Hampshire's Department of Information Technology (DoIT) maintains a binding statewide accessibility standard for state web content: per DoIT's own official digital-accessibility page, state websites, web apps, and mobile applications must meet WCAG 2.1 Level AA, aligned to the 2024 federal ADA Title II web rule.
What the law requires
- Responsible agency New Hampshire Department of Information Technology (DoIT), through its User Experience Division, is responsible for digital accessibility of state web content (corroborated by the official DoIT digital-accessibility page). Disability-discrimination complaints (including in places of public accommodation) are handled by the New Hampshire Commission for Human Rights under RSA 354-A (corroborated by RSA 354-A statute text). (doit.nh.gov/digital-accessibility) (opens in new tab)
- Adopted standard WCAG 2.1 Level AA for state web content, web apps, and mobile applications (corroborated by the official NH DoIT digital-accessibility page). The DoIT page frames this as guidance from the 2024 ADA Title II web rule. Any additional hardware/ICT requirement (e.g.
- Who it covers Corroborated from the official DoIT page: DoIT addresses accessibility of New Hampshire state government web content and digital services, references the 2024 ADA Title II web rule (WCAG 2.1 AA), and offers municipalities a website accessibility scanning tool (DubBot) and a Local Government Website Accessibility Scan Request, indicating local governments are encouraged (via federal Title II) rather than bound by a state mandate.
- Private right of action Yes, but only via the general disability-discrimination framework, not a digital-accessibility-specific statute. Under RSA 354-A a person aggrieved by an unlawful discriminatory practice (including in a place of public accommodation, on the basis of physical or mental disability) files with the NH Commission for Human Rights. Under RSA 354-A:21-a the complainant may, after 180 days (or sooner with Commission consent), elect to bring a civil action for damages or injunctive relief or both in superior court, with a right to a jury trial on any issue of fact in an action for damages (corroborated verbatim from RSA 354-A:21-a). RSA 354-A contains no mention of websites, ICT, or digital accessibility, and New Hampshire has no digital-accessibility-specific private right of action; website/digital claims rely on this general framework and on federal ADA Title II / Title III. The DoIT accessibility standard itself carries no private enforcement clause (no enforcement clause was found; the policy text could not be read from an official source).
- Statutory damages / penalties No digital-accessibility-specific statutory damages exist in New Hampshire. Under the general RSA 354-A framework (corroborated from RSA 354-A:21 statute text), the Commission for Human Rights may order cease-and-desist and affirmative action, compensatory damages payable to the complainant, and tiered administrative fines not to exceed: $10,000 if the respondent has no prior adjudicated discriminatory practice; $25,000 if the respondent has a prior adjudicated discriminatory practice within the preceding 5 years; and $50,000 if the respondent has 2 or more adjudicated discriminatory practices within the preceding 7 years. In a superior court action under RSA 354-A:21-a, courts may award the damages and relief the Commission could have awarded, and may impose enhanced compensatory damages (in lieu of administrative fines) where the respondent acted with willful or reckless disregard. These are general civil-rights remedies, not digital-accessibility provisions.
- Governing authority Binding statewide standard: the NH Department of Information Technology, on its official digital-accessibility page, adopts WCAG 2.1 Level AA as the technical standard for state web content, web apps, and mobile applications, aligned to the 2024 federal ADA Title II web rule. (The DoIT internal policy commonly cited as NHS0305 could not be read from an official primary source - see confidence_note.) General anti-discrimination enforcement authority: RSA 354-A (NH Law Against Discrimination), administered by the State Commission for Human Rights, including RSA 354-A:21 (Commission relief and administrative fines) and RSA 354-A:21-a (election of civil action in superior court). Federal baseline: ADA Title II (28 CFR Part 35, including 28 CFR 35.200).
- Compliance deadline No separate New Hampshire statutory deadline could be confirmed. Federal ADA Title II compliance dates (28 CFR 35.200(b)), to which DoIT aligns, were extended by one year by a DOJ Interim Final Rule (FR Doc. 2026-07663, published April 20, 2026): public entities with a total population of 50,000 or more must comply by April 26, 2027 (extended from April 24, 2026); public entities with a total population of less than 50,000 and special district governments must comply by April 26, 2028 (extended from April 26, 2027). Corroborated verbatim from the Federal Register rule's amendatory instructions to 28 CFR 35.200(b).
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Evaluate a VPAT FreeOfficial sources:
doit.nh.gov/digital-accessibility (opens in new tab)
web.archive.org/web/20260201094900/doit.nh.gov/digital-accessibility (opens in new tab)
gc.nh.gov/rsa/html/XXXI/354-A/354-A-21.htm (opens in new tab)
gc.nh.gov/rsa/html/XXXI/354-A/354-A-21-a.htm (opens in new tab)
gc.nh.gov/rsa/html/XXXI/354-A/354-A-mrg.htm (opens in new tab)
ada.gov/resources/2024-03-08-web-rule/ (opens in new tab)
federalregister.gov/documents/2026/04/20/2026-07663/extension-of-compliance-dates-for-nondiscrimination-on-the-basis-of-disability-accessibility-of-web (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.