West Virginia has no state-specific digital or ICT accessibility law or binding statewide WCAG policy; it is not listed on the federal Section508.gov state-law page, and the official State of West Virginia accessibility statement only references Section 508 of the Rehabilitation Act generically. Accessibility for state agencies, local governments, and public higher education is therefore governed by the federal ADA Title II baseline (28 CFR Part 35), which requires WCAG 2.1 Level AA by April 26, 2026 (large public entities) or April 26, 2027 (smaller entities and special districts). There is no digital-accessibility-specific private right of action or statutory damages: enforcement is via DOJ and private federal ADA suits (injunctive relief and attorneys' fees, no statutory damages), with the general WV Human Rights Act available for disability discrimination but untested for website inaccessibility. The WV Office of Technology administers statewide IT but publishes no binding ICT accessibility standard, and disability complaints go to the WV Human Rights Commission.

What the law requires

• Responsible agency None - federal ADA Title II baseline only. State-level web content references Section 508 generically; the WV Office of Technology (within the Department of Administration) administers statewide IT but has no published binding statewide ICT accessibility standard. Disability discrimination complaints are handled by the WV Human Rights Commission. (technology.wv.gov/) (opens in new tab)
• Adopted standard No state-adopted standard. Federal ADA Title II requires WCAG 2.1 Level AA for state/local government web content and mobile apps. State web statements reference Section 508 of the Rehabilitation Act generally but do not codify a WCAG version/level as state law.
• Who it covers Under the federal ADA Title II baseline: all state agencies, local governments (counties, municipalities), and public higher education institutions. No additional state-specific scope or explicit vendor/contractor procurement-accessibility mandate was found in West Virginia statute or rule.
• Private right of action No digital-accessibility-specific private right of action exists in West Virginia. Federal ADA Title II is enforced by DOJ and via private lawsuit in federal court (no statutory damages for private Title II suits; injunctive relief and attorneys' fees). The WV Human Rights Act (W. Va. Code Ch. 5, Art. 11) provides a state private right of action for disability discrimination in public accommodations, but it is not digital/ICT-specific; its applicability to website inaccessibility has not been clearly established by West Virginia statute or controlling case law.
• Statutory damages / penalties None for digital accessibility specifically. No West Virginia statute sets per-violation fines or statutory damages for ICT/web inaccessibility. Federal ADA Title II provides no statutory damages in private suits (injunctive relief and attorneys' fees only). The general WV Human Rights Act allows compensatory and punitive damages plus attorneys' fees in discrimination cases (W. Va. Code Ch. 5, Art. 11), but no fixed per-violation amount and no digital-accessibility-specific schedule.
• Exemptions No state-specific exemptions identified. Federal ADA Title II / 28 CFR Part 35 exceptions apply: undue financial and administrative burden, fundamental alteration, and the rule's enumerated exceptions (e.g., archived web content, certain pre-existing conventional electronic documents, third-party content not posted by/for the entity, individualized password-protected content).
• Governing authority No West Virginia statute or administrative rule specific to digital/ICT accessibility. Federal ADA Title II (28 CFR Part 35, as amended by the DOJ final rule of Apr 24, 2024) is the governing authority for state and local government web/mobile content. The WV Human Rights Act (W. Va. Code Chapter 5, Article 11) is a general anti-discrimination statute covering employment and public accommodations but contains no digital/ICT accessibility or WCAG provisions. The official State of West Virginia accessibility statement references Section 508 of the Rehabilitation Act generically without adopting it as binding state law.
• Compliance deadline Federal Title II dates only: April 26, 2026 for public entities with 50,000+ population; April 26, 2027 for public entities with under 50,000 population and special district governments. (Note: the 2-year/3-year ADA Title II compliance windows run from the rule's 2024 publication; West Virginia has set no separate state deadline.)

Official sources:
section508.gov/manage/laws-and-policies/state/ (opens in new tab)
wv.gov/policies/pages/accessibility.aspx (opens in new tab)
technology.wv.gov/ (opens in new tab)
oig.wv.gov/human-rights-commission (opens in new tab)
ada.gov/resources/2024-03-08-web-rule/ (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.