8 CCR 1501-11.5 - [Effective 6/30/2025] Compliance Requirements

Each public entity shall make their ICT that is in active use accessible by meeting one of the following:

A. Meeting the Technical Standards unless exempt under section 11.7 or 11.10;

B. Utilizing a conforming alternate version in accordance with section 11.8 unless exempt under section 11.10;

C. Providing reasonable modifications or accommodations, when requested, to remove accessibility barriers unless exempt under section 11.10. When providing reasonable modification or accommodations, a public entity cannot require an individual with a disability to pay to cover the cost of measures, such as providing auxiliary aids or barrier removal, that are required to provide that individual with nondiscriminatory treatment;

D. Publishing an Accessibility Plan which shows evidence of the public entity's good faith progress towards removing accessibility barriers across its inventory of ICT in active use unless exempt under section 11.10. The Accessibility Plan must be published on the public entity's website. To demonstrate good faith, the Accessibility Plan must be updated annually with progress the public entity has made on advancing technology accessibility. The Accessibility Plan may include but is not limited to the following:

(i) how the public entity is prioritizing ICT in active use with consideration of how the ICT will impact the public entity and its users, including aspects such as legal requirements, user impact, usage metrics, and importance of the program, service, or activity;

(ii) the steps the public entity is taking to remove accessibility barriers in their ICT;

(iii) timelines (if appropriate or available) to address inaccessible ICT;

(iv) the availability of reasonable accommodations and modifications; and

(v) procedures for regular testing and remediating ICT; or

E. Procuring and providing reasonable accommodations or modifications, if needed, for the ICT that best meets the technical standards and also the public entity's business needs unless exempted by section 11.10. These could include but are not limited to considerations such as audience needs, capacity, reliability, interoperability, organizational needs, privacy, and security.

A public entity has complied with their obligations under this rule if they have:

(i) met any single, or a combination of, the compliance options set forth in 11.5; and

(ii) posted the Technology Accessibility Statement required under section 11.6.

Notes

8 CCR 1501-11.5

47 CR 06, March 25, 2024, effective 4/14/2024 48 CR 11, June 10, 2025, effective 6/30/2025