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.

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

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

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: 

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). 

Learn more about the state rulemaking process from the Colorado Office of Policy, Research & Regulatory Reform (COPRRR). 

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: 

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:

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:

Violation Definition

Rules can define what a “digital product” is as referred to within SB23-244