Law / United States / 
Delaware
Digital Accessibility Policy: accessibility of State of Delaware public-facing digital assets
Delaware Department of Technology and Information Digital Accessibility Policy (AC-DIG-001)
In force since .
An accessibility requirements rule binding government bodies.
- Conformance standard
- WCAG 2.1 AA
What it requires
- If you are a State of Delaware department responsible for public-facing digital assets, make them meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA for websites and mobile applications (Digital Accessibility Policy AC-DIG-001, Policy Statement).
- Work with the State's Digital Accessibility Senior Manager, receive accessibility training, address the accessibility of your covered public-facing digital assets, and document how they conform to the Policy's technical standards (Responsibilities, Compliance).
- Implement procedures that inform your authors, developers, publishers and procurers about applicable laws, policies and contractual obligations (Responsibilities, Compliance).
- Provide a standards conformance report every year, covering components you developed and components developed by third-party vendors that are deployed on or integrated into State managed platforms or applications (Responsibilities, Evaluation and Monitoring).
- Maintain relevant information about the accessibility of your public-facing websites, mobile apps and other digital communications, with an accessible means by which individuals with disabilities can get further assistance, and keep it up to date with any new developments (General Procedures, External communication).
- If you are a local education agency, or another entity outside the executive branch, that uses the State's communications and computing resources, agree to abide by the policies and standards the Department promulgates as a condition of access to and continued use of those resources; the Policy states that the Department, an executive branch agency, has no authority over local education agencies (Applicability).
These lines are LexLint's reading of the law's text.
What this law does
The Department's Digital Accessibility Policy (AC-DIG-001) applies to all State of Delaware public-facing digital assets that are developed, procured, maintained, or used while offering products, services, and online information to users, and states that employees of the State and third-party vendors shall comply with it.
The Policy states that the Department has no authority over the users in the Legislative and Judicial Branches, local education agencies, and other federal and local government entities that use the State's resources, but that all users, including those entities, must agree to abide by all policies and standards the Department promulgates as a condition of access and continued use of those resources.
The Policy names as its authority section 9004C(2) of title 29 of the Delaware Code, the Department's power to create, implement and enforce statewide and agency technology solutions, policies, standards and guidelines. The Department of Technology and Information has the statutory power and duty to create, implement and enforce statewide and agency technology solutions, policies, standards and guidelines, under section 9004C(2) of title 29 of the Delaware Code.
The Policy commits the State to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA for websites and mobile applications. Each State department responsible for public-facing digital assets must work with the Digital Accessibility Senior Manager, receive accessibility training, address the accessibility of the covered assets, and document how the assets conform to the Policy's technical standards.
Departments are responsible for implementing procedures that inform authors, developers, publishers and procurers about applicable laws, policies and contractual obligations. Each State department responsible for public-facing digital assets must provide standards conformance reports on an annual basis, including components developed by third-party vendors that are deployed on or integrated into State managed platforms or applications.
The Policy provides that the State will maintain a publicly available Accessibility Statement in support of the Policy, which should be available directly from the State homepage.
Where compliance with the Policy is not possible, the State may grant an exception on a documented request submitted to the Digital Accessibility Program Senior Manager, in scenarios such as not readily achievable, undue burden or fundamental alteration, user generated content, linked sites and resources, external digital content, short term digital content, orphaned digital content, back office, public safety systems, state contracts, and ICT functions located in maintenance or monitoring spaces.
The State will conduct automated accessibility tests of its core website at regularly scheduled intervals the Digital Accessibility Senior Manager mandates, to identify where the core website or other key digital communications do not conform to the Policy's technical standards.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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