Information Technology Access Act: accessibility of information and communications technology used by state agencies, public school divisions, public institutions of higher education and political subdivisions

The Information Technology Access Act, chapter 35 of Title 2.2 of the Code of Virginia, applies to every covered entity, which means all state agencies, public school divisions, public institutions of higher education, and political subdivisions of the Commonwealth.

The head of each covered entity or the head's designee must ensure that the accessibility of the information and communications technology used by employees, program participants, students, or members of the general public who have a disability is equivalent to that provided to individuals who do not have a disability, is designed to present information in formats accessible or adaptable to both persons with and without disabilities, and conforms with the accessibility requirements of 28 CFR 35.200, whether developed in-house or procured.

Accessibility means alignment with federal Section 508 standards and Section 255 guidelines and with 28 CFR 35.200. The federal rule at 28 CFR 35.200 that the Act names requires a public entity's web content and mobile apps to comply with the Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1.

Information and communications technology means any website, application, or other product or service primarily intended to fulfill or enable the function of information processing and communication by electronic means, including transmission and display via the Internet.

The head of a covered entity or the head's designee must report to the appropriate executive branch agency any ICT that does not conform with accessibility and is not within the exceptions in 28 CFR 35.201 or in appendix A, section E202, of 36 CFR part 1194. Each executive branch agency must report annually to the General Assembly on such ICT and give an estimate of the fiscal impact of bringing it into compliance with federal and state laws and regulations.

Each covered entity must publish, in a conspicuous and easily accessible location on its website, the name, phone number, email address, and office address of its digital accessibility coordinator or other person to whom reports of barriers to digital accessibility may be made, and that person must develop procedures to review and respond to such reports.

The head of a covered entity or the head's designee may designate an employee as digital accessibility coordinator, who is responsible for ensuring that the entity complies with state and federal laws, including the Virginians with Disabilities Act and the Virginia Human Rights Act, so that its ICT and other products or services can be accessed by persons with disabilities.

Section 2.2-3502 dates from Chapters 769 and 773 of the 1999 Acts of Assembly, and Chapter 571 of the 2025 Acts of Assembly amended it. Chapter 571 of the 2025 Acts of Assembly applies these provisions to a covered entity with a population of 50,000 or more persons, to institutions of higher education and to state public bodies beginning April 24, 2026. It applies them to special district governments and to covered entities with a population of less than 50,000 persons beginning April 26, 2027. A local school district takes the date that applies to the locality within which it sits.