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Summary of State Information Technology Access Procurement Laws and Policies
The following is a summary of current state laws (and one state policy, Maine) related to procurement of accessible IT. Many additional states have guidelines or policies addressing web accessibility that are not included here. Some states also have laws or policies that address the accessibility of textbooks and other instructional materials that are not included in this summary.
| Covered Entities | Access Defined | IT Defined | Access Required | Access Standards | Purchasing | Exclusions | Enforcement | |
| Arkansas (1999) | State agencies, public bodies, & entities in receipt of state funds | Ability to receive, use, manipulate data and operate controls. | All electronic information processing hardware and software and telecommunications | Provide visually impaired with equivalent access; include clause in contracts | Non-visual access standards shall be established by the state | Access clause required in all contracts | IT with essential elements that cannot be made non-visual & for cost of non-visual access that increases total cost more than 5% | Civil action authorized |
| California (2002) | State government entities and those who use state funds for IT | No specific definition | No specific definition | Conform to Section 508 access standards | Section 508 | IT providers must agree to respond to and resolve any complaint regarding accessibility | No exclusion stipulated | Not addressed |
| Colorado (2000) | State agencies, departments, boards or commissions | Ability to receive, use, manipulate data and operate controls | All electronic information processing hardware and software & telecommunications | Provide visually impaired with equivalent access. | Non-visual access standards shall be established by the Commission on Information Management | Commission non-visual access standards used for procurements | No exclusion stipulated | Not addressed |
| Indiana (2001) | Executive branch of state government | Compliance with standards adopted by state IT Oversight Commission to be compatible with goals of Section 508 standards | Technology associated with information processing, office automation, & telecommunication | IT Commission cannot approve request or contract without compliance with adopted access standards | IT Commission appoints group to develop standards | IT Commission approves or rejects using access standards | Undue burden - plus if an agency cannot immediately follow the IT standards, plan and timeline for compliance to be developed | Not addressed |
| Kentucky (2000) | State agencies or any organization supported by state funds | Compliance with standards “such as” Section 255 and 508 | Electronic information equipment or inter-connected system | Provide equivalent access and include access clause in contract | Finance and Administration Cabinet shall develop standards and contract clause | Access clause for compliance with standards in all contracts | Can exclude access clause if undue burden. No exclusion for operating systems or initial design of software applications. | Civil action authorized |
| Louisiana (2001) | State agencies | No specific definition | Data processing equipment, related services and software | Provide disabled state employees with IT access necessary to perform job duties. | Standards not specifically addressed. | Reasonable steps shall be taken to procure accessible IT to meet state employee needs | “To the extent possible, except as constrained by appropriations” | Not addressed |
| Maine (1999 –policy) | State agencies | No specific definition | IT products and services; data, voice, and video technology | Comply with software access standards; place in all contracts | Standards adopted for computer application program accessibility | Access clause required in all contracts | Waivers to compliance with access standards will be considered on a case-by-case basis | Software testing to verify standards compliance |
| Maryland (1998) | State - no specifics | Ability, not requiring sight, to receive, use, manipulate information, and operate controls | All electronic information processing hardware and software & telecommunications | Ensure non-visual access & include access clause in all contracts | Standards not specifically addressed. | Access clause required in all contracts. | IT with essential elements that cannot be made non-visual; cost of nonvisual access that increases total cost more than 5% | Not addressed |
| Minnesota (1998) | State agencies, colleges, political subdivisions; not Un of Minnesota | No specific definition | No specific definition | Ensure non-visual access & include access clause in all contracts | Commission & Office of Tech to develop non-visual standards | Access clause required in all contracts | No specific exclusion | Not addressed |
| Missouri (1999 & 2001) | State agencies, public colleges | Compliance with state established standards | Any electronic information equipment or interconnected system | Developing, procuring, maintaining or using IT | AT Council and Office of IT shall adopt access standards | Implement review procedure, provide reports, train purchasers | Undue burden; significant difficulty or expense, including technical feasibility | Administrative complaint & civil action authorized |
| Montana (2001) | State agencies or any unit of state government recognized in the state budget | Ability to receive, use, & manipulate data and operate controls | All electronic information processing hardware and software & telecommunications | Ensure non-visual access & include access clause in all contracts | Non-visual access standards shall be established by the state | Access clause required in all contracts | Until July 1, 2003, if cost exceeds appropriations & if agency makes determination of undue burden (financial or administrative) | Not addressed. |
| North Carolina (2001) | State department institution, or agency or political subdivision | No specific definition | Referenced IT definition including information transaction machines | Reasonable aids and adaptations to benefit from public services including IT based services | Standards not specifically addressed | Not addressed | Undue hardship defined as significant difficulty or expense, parallel to ADA descriptors | Office on ADA authorized to adopt dispute resolution procedures |
| Nebraska (2000) | State agencies | Input and output technology capable of supporting equivalent non-visual access | Automated information system | Provide equivalent access and include clause in contract | Standards not specifically addressed | Access clause required in all contracts | No specific exclusion | Not addressed |
| Texas (1999) | State agencies | Similar ability to communicate with, make use of technology; references reasonable accommodation (ADA). | “Automated information system”-including computers & telecommunications | Provide visually impaired with equivalent access; include clause in contracts | Standards not specifically addressed. | Access clause required in all contracts | No specific exclusion, see access definition reference to reasonable accommodation | Not addressed |
| Virginia (2001) | State agencies, public higher ed, & political subdivisions | Ability to receive, use, & manipulate data and operate controls | All electronic information processing hardware and software and telecommunications | Ensure non-visual access & include access clause in all contracts | Non-visual access standards shall be established by the state | Access clause required in all contracts | IT with essential elements that cannot be made non-visual & for cost of non-visual access that increases total cost more than 5% | Not addressed. |
| West Virginia (2001) | State agencies or any organization supported by state funds | Ability to receive, use, & manipulate data and operate controls | All electronic information processing hardware and software & telecommunications | Ensure non-visual access & include access clause in all contracts | Non-visual access standards shall be established by the director of purchasing | Access clause required in all contracts | No specific exclusion | Civil action authorized |
Technical Support: | deborah.buck@ataporg.org