Rules
Complying with the Rules Speaker Series, May to June 2024
All state agencies are invited to join a series of presentations and discussions around individual accessibility topics. These bite-sized sessions will support your team in making a long-term, sustainable approach to complying with the law.
Each virtual session on Google Meet lasts one hour and is open to all state agencies. Recordings will be available after the live session.
Follow the link on each date and topic to add the event to your calendar.
If the calendar event links do not work, you can use the Rules Speaker Series Google Meet Link to join any event directly at the scheduled time. All events use the same meeting link.
May 8, 10:00 a.m. - General Rules Compliance for State Agencies
May 14, 11:00 a.m. - Planning, Prioritizing and Operationalizing
May 22, 10:00 a.m. - Accommodations Planning and Accessibility Statement
June 11, 11:00 a.m. - Fundamental Alteration, Undue Burden and Direct Threat
Reasonable accommodation will be provided upon request for persons with disabilities. If you are a person with a disability who requires an accommodation to participate in this presentation, please make your request to oit_accessibility@state.co.us at least one week in advance of the event.
Rules Adopted: 2/23/2024
Adopted Technology Accessibility Rules
Read the Adopted Rules (Google Doc)
Redline of the Changes from the Proposed Rules Released 12/15/2023 to the Adopted Rules Released 2/23/2024 (Google Doc)
Summary of the Changes from the Proposed Rules Released 12/15/2023 to the Adopted Rules Released 2/23/2024 (Google Doc)
Public Notice of Adopted Rules (Google Doc)
Find additional information in the rules section of the OIT public website.
The OIT Accessibility Rulemaking Fact Sheet (Doc) summarizes the information below. It can be shared publicly and is visible to anyone with the link.
Rulemaking Schedule
October 2023: Invitation to comment on potential rule topics (closed)
November 2023: Invitation to comment on draft rules (closed)
December 2023: Invitation to comment on the proposed rules (closed)
January 2024: Public rulemaking hearing on proposed rules (closed)
Hearing Recording, Transcript, Presentation, and Other Exhibits (Google Drive)
Stakeholder Notice of Public Hearing and Invitation to Comment (DOC)
Rulemaking Packet (DOC)
Proposed Rules FAQs (DOC)
Public Comments Received through Survey and Email Regarding Technology Accessibility Proposed Rules (Google Drive)
February 23, 2024: Rules adopted
April 14, 2024: Technology accessibility rules become effective
If you wish to be notified of rulemaking updates and opportunities please fill out the Accessibility Rulemaking Notification Sign-up form.
Please reach out to Alice Huyler, Senior Policy Advisor, OIT, with questions at alice.huyler@state.co.us
Summary
SB23-244 Technology Accessibility Cleanup helps to clear up any ambiguity within HB21-1110 by:
Ensuring there is accessibility for all types of disabilities by allowing reasonable accommodations.
What is reasonable accommodation: reasonable accommodation must ensure that individuals with disabilities have equal access to services or information, unless doing so would result in an undue financial and administrative burden or a fundamental alteration in the nature of the programs, services, or activities being offered.
Requiring OIT to adopt rules regarding accessibility standards for IT systems.
The OIT rules will be the accessibility standards for public entities in Colorado, which includes state and local governments, special districts, and any other instrumentality of a state or local government.
Clarifying that a claim brought for a violation of accessibility standards constitutes a single claim for each digital product
Extending agencies’ spending authority made in FY 2023-24 for IT accessibility through FY 2025-26
Repealing obsolete provisions - This is submission of agency accessibility plans which has already happened (7/2022)
Rulemaking Process
The rulemaking process will involve a number of iterations and will take in feedback from OIT and the Technology Accessibility Program (TAP), state agencies, local government and the Colorado community including groups and organizations from the disability community.
OIT's rulemaking process follows the Administrative Procedure Act (APA) and Colorado’s Open Meetings Law (OML).
Examples of Potential Rules
The following are typical examples of rules that could be recommended. Please note that these are not actual or official rules but only examples.
Undue Burden
Rules can help define what undue financial and administrative burden means and define a fundamental alteration in the nature of the programs, services, or activities being offered.
When deciding whether something is an undue burden, you have to look at several factors. For example:
The overall cost involved
The business activity and nature of organization
If an auxiliary aid or service is an undue burden, the organization must look for an effective alternative. For example, if a small, county museum can’t afford to provide a sign language interpreter for a museum tour on short notice, a written copy of the tour guide’s script might be an alternative.
Rules can also help to establish procedures for evaluating undue burden or fundamental alteration of services
Prioritization
Rules can articulate what and how public and internal facing websites, applications, and document remediation should be prioritized. Matrix example:
Law and standards: Is there a legal precedent or law that requires X to be accessible?
Community impact: what is the impact of X on people with disabilities and historically marginalized communities (both internally and externally)?
Agency capacity: Does the agency have the capacity to build a new X? Are there systems that exist that are already accessible? Or will we have to create something new? Does an example exist?
Strategic alignment: Does making X accessible align with the strategic initiatives of the organization?
Procurement Standards
Rules can help standardize requirements for vetting technology for accessibility.
Exceptions and Exemptions
Rules can help define the requirements and process for reviewing and approving accommodations, exceptions, and exemptions.
Note that exceptions are a single allowance of feature or functionality in a product and exemption is for the entire product.
Cure Periods
Cure periods can provide a set amount of time for "curing", or remediating, an accessibility that has been found as part of a complaint. Rules around cure periods can include approval processes and agreed upon timelines for curing an issue before a fine is implemented.
Grace Periods for Meeting Updates to Standards
Rules can help define what “most recent web content guidelines” means as stated in HB21-1110:
THE CHIEF INFORMATION OFFICER IN THE OFFICE OF INFORMATION TECHNOLOGY SHALL ESTABLISH ACCESSIBILITY STANDARDS FOR INDIVIDUALS WITH A DISABILITY USING THE MOST RECENT WEB CONTENT ACCESSIBILITY GUIDELINES PROMULGATED AND PUBLISHED BY THE WORLD WIDE WEB CONSORTIUM WEB ACCESSIBILITY INITIATIVE OR THE INTERNATIONAL ACCESSIBILITY GUIDELINES WORKING GROUP, OR ANY SUCCESSOR GROUP OR ORGANIZATION, OR ANY SUBSEQUENT UPDATES OR REVISIONS TO SUCH GUIDELINES BY ANY SUCCESSOR GROUP OR ORGANIZATION.
Violation Definition
Rules can define what a “digital product” is as referred to within SB23-244
THE VIOLATION MUST BE CONSIDERED A SINGLE INCIDENT AND NOT AS SEPARATE VIOLATIONS IF THE VIOLATION OCCURRED ON A SINGLE DIGITAL PRODUCT, INCLUDING A WEBSITE OR AN APPLICATION.