Hawaii Electronic Information Technology Disability Access Standards (state entity web, software and ICT accessibility)

The Hawaii Electronic Information Technology Disability Access Standards apply to all state entities, including public elementary, secondary and postsecondary schools and the University of Hawaii. All electronic information technology that state entities procure, develop, maintain or use must conform to the Section 508 Standards and to WCAG 2.1 Level A and AA, or a subsequent version the United States Access Board or the Department of Justice adopts.

The Standards provide that electronic information technology may be exempt from them as the United States Access Board specifies, and that exceptions applicable at the federal level apply to the state.

Under the undue burden or fundamental alteration exception the Standards set out, conformance is required only to the extent it does not impose an undue burden or result in a fundamental alteration in the nature of the technology, the responsible agency official must document the basis for that determination in writing, and the agency must provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.

Where conforming technology is not commercially available, the agency must procure the technology that best meets the Revised 508 Standards consistent with its business needs, document in writing the non-availability and the basis for that choice, and provide access by an alternative means that meets identified needs.

The Standards list the Department of Justice web rule's exceptions for archived web content, preexisting conventional electronic documents unless they are currently used to apply for, gain access to or participate in the public entity's services, programs or activities, content posted by a third party unless it is posted under contractual, licensing or other arrangements with the public entity, individualized password-protected or otherwise secured conventional electronic documents, and preexisting social media posts.

The Standards do not require specific accessibility-related software or peripheral devices at the workstation of an employee who is not an individual with a disability, but require all workstation technology used by a state entity to be compatible with accessibility-related software and peripheral devices. A state entity that contracts with another entity to provide a public service must ensure that its contractors comply with the Standards.

Each department or agency director must ensure conformance to the Standards and must ensure the relevant compliance language is included in all contractual actions for electronic information technology items and services. The Standards introduce their accessibility recommendations as recommendations for planning, reporting, monitoring and enforcement that should be considered to ensure that state entities implement the Standards.

Within those recommendations, the Standards state that state entities shall perform regular accessibility audits and testing throughout the product lifecycle, identify issues for review and remediation, and prioritize remediation by the impact and risk of each issue.

They also state that accessibility statements adhering to the Standards shall be made available, where appropriate, on state entity websites, with a reference to the Standards, a program point of contact or a method to request assistance or provide feedback, and the date the statement was last updated. The Standards track the Department of Justice web rule, under which a public entity with a total population of 50,000 or more must comply by April 26, 2027, extended from April 24, 2026.

The Standards took effect on January 1, 2025. Version 1.2 of the Standards, effective April 20, 2026, updated the Department of Justice compliance deadline to the extended date of April 26, 2027.