Understanding Colorado’s Accessibility Law (HB21) and Compliance Strategies

Today’s post outlines the requirements and best practices for adhering to Colorado’s accessibility law, House Bill 21 (HB21). This law mandates accessible digital content for public entities and aims to ensure equitable access to information and services for all citizens, especially individuals with disabilities. We will examine the law’s key components, recent compliance updates, essential documentation, and the roles of accessibility advocates within organizations.

Video Guide

Overview of HB21: Building a Foundation for Accessibility

Colorado’s House Bill 21 requires that all public entities, including state and local governments, make their digital content accessible to people with disabilities. The law emphasizes the importance of steady progress over immediate, full compliance, urging organizations to demonstrate continuous improvements toward accessibility rather than complete, instantaneous adherence.

HB21 establishes these foundational guidelines for accessibility on public sector websites and digital documents:

• Implement Accessibility Plans: Public entities must create and maintain a documented plan that outlines their accessibility objectives and progress.
• Engage in Good Faith Efforts: Organizations are expected to make genuine, ongoing efforts toward achieving accessibility.
• Document Progress Regularly: The law encourages quarterly reporting to document actions taken and improvements made.

Following these steps enables public entities to meet Colorado’s accessibility standards while consistently improving their digital offerings.

The Grace Period Law: HB 2414

House Bill 2414 introduces a one-year grace period for compliance. This law offers temporary immunity from accessibility-related penalties if an organization demonstrates active progress toward compliance. The grace period extends the deadline to July 1, 2025, for entities that show “good faith” compliance efforts. However, entities do not automatically receive this extension; they must meet specific criteria.

To demonstrate good faith, entities may consider actions such as:

• Enrolling in accessibility training courses.
• Regularly updating accessibility documentation.
• Actively remediating known accessibility issues.

The grace period allows public entities to concentrate on ongoing improvements and develop strategies for addressing accessibility requirements without the pressure of immediate compliance.

Key Accessibility Documentation

Organizations must maintain specific documentation to show ongoing accessibility efforts and comply with HB21. The essential documents for compliance include:

1. Accessibility Implementation Plan
   This document outlines an organization’s accessibility strategy, including its current status, specific action steps, and future objectives. Regular updates reflect current efforts and provide a clear roadmap for future improvements.
2. Compliance Reports
   Compliance reports assess a product or platform’s accessibility, detailing which features meet standards and which need improvement. Entities should update these reports annually or after significant software changes to ensure alignment with WCAG 2.1 standards.
3. Testing Reports
   Testing reports, produced through manual or automated tests, identify existing accessibility issues within digital products. These reports inform internal teams about areas where users may face barriers, assisting in planning and prioritizing remediation.
4. Remediation Records
   Remediation records document resolved accessibility issues. These records should note any bugs or challenges addressed to bring content into compliance with accessibility standards.
5. Accommodation Plans
   Accommodation plans describe how organizations assist users who face known accessibility limitations. For instance, alternative access plans outline support for inaccessible content and help customer support teams provide consistent accommodations.
6. Undue Burden Documentation
   If an organization cannot make a product fully accessible due to financial, technical, or administrative constraints, it should prepare undue burden documentation. This documentation explains the challenges and provides a justification for partial compliance.

Addressing Third-Party Content

Colorado’s HB21 includes specific guidance on handling third-party content. Current guidelines state that public entities are not required to make documents provided by third parties accessible unless the organization incorporates them into its official content. If the entity officially adopts or integrates the third-party content, accessibility compliance is required.

The Accessibility Guy advocates for a more proactive approach, suggesting that all content posted on government websites should be accessible, regardless of its origin. He emphasizes that making all content accessible could prevent potential compliance issues and support a more inclusive public resource platform.

Best Practices for Compliance

To comply with HB21, organizations should take a coordinated approach and engage departments across the organization. Key strategies include:

• Designating Accessibility Advocates: Organizations should assign team members from various departments to lead accessibility efforts. These advocates can coordinate initiatives and ensure that accessibility standards are met across the organization.
• Conducting Quarterly Reporting: Regularly scheduled reporting enables organizations to track progress, highlight achievements, and address persistent accessibility challenges.
• Implementing Accessibility Training: Organizations should conduct training on accessibility standards, focusing on WCAG guidelines and accessible document creation tools, to help staff create accessible content across all platforms.
• Collaborating with Vendors: Organizations should work closely with software and platform vendors to obtain compliance reports (VPATs) and check for accessibility annually or after significant updates to ensure third-party tools align with accessibility goals.
• Utilizing Testing and Remediation Tools: Accessibility tools identify and fix compliance issues. Testing and remediation reports document progress, helping organizations track improvements over time.

Training Opportunities

For those seeking a structured path to compliance, The Accessibility Guy, Shawn Jordison, offers a self-paced course covering the fundamentals of HB21 and practical steps to achieve compliance. This course explains essential accessibility topics such as document accessibility, WCAG standards, and implementation planning, providing a foundation for long-term digital accessibility.

Conclusion: Building Inclusive Digital Access in Colorado

Colorado’s HB21 provides a clear path for public entities to create accessible websites and digital content. The law balances the urgency of accessibility with the practical realities of implementation by emphasizing continuous improvement and offering a grace period. By maintaining thorough documentation, engaging in regular updates, and actively remediating issues, public entities can create digital platforms that support equitable access to information and services for individuals with disabilities. Cultivating a culture of accessibility aligns with legal obligations and advances the values of inclusivity and equal access to public resources.

Let me be your champion for inclusion. I offer tailored solutions (and self-paced courses!) to ensure your documents meet and exceed compliance expectations. For more detailed insights, tutorials, and in-depth discussions on accessibility and related topics, don’t forget to check out my YouTube channel: The Accessibility Guy on YouTube. Subscribe for regular updates!