South Dakota has no state-specific digital or ICT accessibility statute; web accessibility for state government is governed by an administrative policy and standards from the Bureau of Information and Telecommunications (BIT), which adopt WCAG 2.1 Level AA and Section 508 of the Rehabilitation Act (as confirmed on official state sites such as the Unified Judicial System). There is no digital-accessibility private right of action and no per-violation statutory damages; general disability discrimination is enforced complaint-driven through the Division of Human Rights under SDCL Ch. 20-13, with the federal ADA Title II rule (28 CFR Part 35, WCAG 2.1 AA, compliance by Apr 26 2027 / Apr 26 2028) supplying the binding baseline for state agencies, local government, and public higher education.

What the law requires

• Responsible agency South Dakota Bureau of Information and Telecommunications (BIT) - sets statewide web/IT accessibility standards for state government; the Division of Human Rights (Department of Labor and Regulation) handles disability discrimination complaints generally (accessibility.sd.gov/) (opens in new tab)
• Adopted standard WCAG 2.1 Level AA and Section 508 of the Rehabilitation Act, per BIT web development standards as reflected on official state sites (e.g., SD Unified Judicial System accessibility statement). The federal ADA Title II rule independently requires WCAG 2.1 AA.
• Who it covers BIT standards apply to South Dakota state government agency websites and digital services. The federal ADA Title II baseline covers state agencies, local/county government, and public higher education. Vendor/contractor obligations flow through procurement and contract terms rather than a dedicated state ICT accessibility statute.
• Private right of action No - there is no digital/ICT-accessibility-specific private right of action. Disability discrimination in public accommodations and services can be pursued under the general state civil rights law (SDCL Ch. 20-13) via complaint to the Division of Human Rights, with a retained right to sue, but this is not ICT-specific. Federal ADA Title II is enforced by DOJ and via private suit, with no monetary damages against public entities for Title II.
• Statutory damages / penalties None for digital accessibility - no per-violation ICT statutory damages or fines. Under the general SDCL Ch. 20-13 civil rights scheme, successful plaintiffs may recover compensatory and punitive damages plus attorney fees, but no fixed per-violation accessibility penalty exists.
• Exemptions No state ICT statute, so no statutory exemptions specific to digital accessibility. The federal ADA Title II defenses apply: fundamental alteration and undue burden (undue financial and administrative burden), plus the Title II rule's limited exceptions (e.g., archived web content, certain preexisting documents, third-party content).
• Governing authority No state-specific digital/ICT accessibility statute. State websites are governed by an administrative BIT Online Accessibility Policy / web development standards (policy, not statute). General disability anti-discrimination is addressed by SDCL Chapter 20-13 (Human Relations / public accommodations), which is not digital-accessibility-specific. Federal ADA Title II (28 CFR Part 35) provides the binding baseline for state and local government and public higher education.
• Compliance deadline Federal Title II dates only (Apr 26 2027 for public entities with population 50,000 or more; Apr 26 2028 for smaller public entities and special district governments). No separate state-specific statutory deadline.

Official sources:
section508.gov/manage/laws-and-policies/state/ (opens in new tab)
accessibility.sd.gov/ (opens in new tab)
ujs.sd.gov/about-us/website-accessibility-statement/ (opens in new tab)
sd.gov/bit?id=bit_standards_web (opens in new tab)
sdlegislature.gov/Statutes/20-13 (opens in new tab)
dlr.sd.gov/human_rights/discrimination.aspx (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.