Virginia’s New IT Accessibility Law: What You Need to Know

This March, Virginia’s legislature passed a groundbreaking update to the Information Technology Access Act (ITAA), reshaping accessibility requirements for digital communication across public institutions. House Bill NO. 2541 (HB2541) applies to Virginia state agencies, local governments, special districts, public school systems, and institutions of higher learning.

2 Key Updates in the Legislation

Previously, the ITAA primarily addressed barriers for individuals with blindness or visual impairments. These barriers typically occurred when information technology lacked nonvisual access, such as speech or Braille. With this updated legislation, the scope expands to cover all disabilities, ensuring broader and more inclusive digital access.

Note: Text from HB2541 is noted in italics.

Key Update #1: Expanded Scope

The definition of “information and communications technology” (ICT) has widened significantly. While the previous focus was primarily on websites, the updated law explicitly includes any website, application, or other product or service primarily intended to fulfill or enable the function of information processing and communication by electronic means. Here are some examples of ICT commonly used by local and state government agencies:

• Websites: Main websites for cities, towns, public schools, higher ed institutions, and special districts like water and police districts
• Applications: Online platforms for permit applications and bill payments
• Digital Products and Services: Digital services like public records requests and 311 resident request systems

All of these websites, applications, and digital products and services are all required to meet digital accessibility standards. The law defines accessibility as being in alignment with federal standards outlined in Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act.

Key Update #2: Vendor Accountability

One key distinction between Virginia’s new law and other recent measures, such as Colorado HB21-1110 or the federal Department of Justice (DOJ) latest rule on web accessibility, is its emphasis on vendor responsibility. This means that state and local government agencies will need to consider additional procurement requirements when working with an ICT vendor, such as:

• Accessibility Conformance Report (ACR): The law requires that vendors that provide software submit an ACR, such as a Voluntary Product Accessibility Template (VPAT), detailing their product’s accessibility status. This ACR shall be completed by a digital accessibility subject matter expert with significant experience with product evaluation or by a qualified neutral third party.
• Accessibility Roadmap: If a product has areas of nonconformance with WCAG 2.1 standards, vendors must provide a Vendor Accessibility Roadmap outlining aspects and elements of the product that do not meet accessibility standards and a timeline for resolving accessibility gaps.

These requirements represent a major shift in approach. Instead of placing full responsibility on public entities, vendors must now actively contribute to digital accessibility efforts.

Compliance Timeline

The law’s implementation aligns with last year’s DOJ Title II accessibility announcement, setting clear deadlines for compliance:

• April 24, 2026: Accessibility requirements apply to state agencies, institutions of higher education, and covered entities serving populations of 50,000 or more.
• April 26, 2027: Accessibility compliance expands to special districts and entities serving populations under 50,000.

What Should State and Local Government Leaders Do?

Digital accessibility compliance can seem overwhelming, especially if your state or local agency has limited resources. With limited time to prepare, now is the moment to act. Here are some key steps get started:

1. Audit Your Digital Presence: Inventory all websites, applications, and electronic communications under your control. Keep this inventory properly documented and update as needed.
2. Evaluate Accessibility: Assess how accessible your technology currently is for people with disabilities. Consider using a web accessibility scan, which can provide insight into critical areas such as broken links and poor color contrast.
3. Engage with Vendors: Work closely with software providers to secure ACR or VPAT documentation. These documents should be kept readily available, so your agency is better prepared for reporting or auditing requirements that may occur.
4. Develop an Accessibility Plan: Establish a timeline to ensure full compliance. Identify roles and responsibilities so your plan has proper oversight for progress and completion.
5. Seek External Expertise: When needed, collaborate with third-party accessibility specialists. These experts can provide clarity on complex digital accessibility requirements and help guide your agency towards compliance.

Final Thoughts

Virginia’s HB2541 represents a fundamental shift in how digital accessibility is approached. By embedding vendor accountability and expanding the law’s scope, the state is taking significant strides toward equitable technology access. While the timeline is tight, proactive collaboration and prioritizing accessibility can help public institutions navigate these changes effectively, starting today.

Digital accessibility doesn’t need to be overwhelming. CivicPlus Web Accessibility solutions provide continuous monitoring, real-time fixes, and automated PDF remediation. Get in touch to schedule a demo.