Law / United States / 
Washington
Digital Accessibility Policy and Standard, state agency covered technology
WaTech Policy USER-01, Digital Accessibility, and Standard USER-01-01-S, under RCW 43.105.054
In force.
An accessibility requirements rule binding government bodies.
- Conformance standard
- WCAG 2.2 AA
What it requires
- This binds every Washington state agency, meaning every state office, department, division, bureau, board, commission or other state agency, including offices headed by a statewide elected official, each of which must certify every year that it complies with Washington Technology Solutions' policies and standards; for an institution of higher education it reaches business and administrative applications, not academic, research, medical, clinical or health care applications (RCW 43.105.020(22), 43.105.052(2) and 43.105.054(3)).
- If you are a Washington state agency, make all covered technology accessible to and usable by individuals with disabilities, directly or by supporting assistive technology, whether it is acquired, procured, developed, substantially modified, substantially enhanced or available at no cost, at a minimum Level AA of WCAG 2.2 since (Level AA of WCAG 2.1 before then); covered technology is all public-facing websites, applications, documents and media, blog posts and social media content, and named non-public content such as emergency notifications, notices of benefits or eligibility and decisions on administrative claims (USER-01 sec. 1 and Definitions; USER-01-01-S secs. 1 and 3).
- Where covered technology cannot be brought into compliance, provide individuals with disabilities equivalent access; from , also make all content and tools that employees or users need to perform essential job duties, access information or participate in programs accessible, or provide equivalent access (USER-01 secs. 4 and 5).
- The exceptions for public-facing content are archived web content, preexisting conventional electronic documents not currently used to apply for, access or participate in services, content a third party posts outside a contractual, licensing or other arrangement with a public entity (tools and platforms that let third parties post content are not excepted), individualized password-protected or otherwise secured documents, preexisting social media posts, and cases where strict adherence would fundamentally alter a service or impose undue financial and administrative burdens; whatever the exception, agencies must provide effective communication, reasonable modifications and an equal opportunity to participate (USER-01 secs. 2 and 3).
- Adopt an agency digital accessibility policy that defines accessibility roles, including the accessibility coordinator, require and document annual digital accessibility awareness training for all employees and additional training for roles such as software development, and develop processes to ensure new covered technology meets USER-01-01-S (USER-01 secs. 9 and 12).
- Evaluate your technology and keep an IT Accessibility Plan, updated at least annually, that lists prioritized non-accessible covered technology with alternative access methods and corrective actions, consult community members with related lived experience in setting its priorities, post a public version, and publish contact information for an information technology accessibility coordinator who supports complaint resolution (USER-01 secs. 10 and 11).
These lines are LexLint's reading of the law's text.
What this law does
The Digital Accessibility Policy, USER-01, issued by Washington Technology Solutions, was adopted by the State Chief Information Officer and approved by the Technology Services Board on , replacing Policy 188 of , and states those dates and no separate effective date. Each state agency must certify annually to Washington Technology Solutions that it complies with the policies and standards developed under chapter 43.105 RCW.
A state agency is every state office, department, division, bureau, board, commission or other state agency, including offices headed by a statewide elected official. For an institution of higher education, the chapter applies to business and administrative applications but not to academic and research applications or to medical, clinical and health care applications.
All covered technology must be accessible to and usable by individuals with disabilities, either directly or by supporting the use of assistive technology. Covered technology includes all public-facing digital content and tools, including websites, applications, documents and media, blog posts and social media content. The minimum level of accessibility compliance for covered technology is Level AA compliance with WCAG 2.1.
Effective , the minimum level of compliance is Level AA compliance with WCAG 2.2. Where covered technology cannot be brought into compliance, the system or content owner is responsible for providing individuals with disabilities equivalent access.
Effective , all content and tools that employees or users need to perform essential job duties, access information or participate in programs must also be accessible, or the content owner is responsible for providing equivalent access. Content posted by a third party outside a contractual, licensing or other arrangement with a public entity is excepted, but tools and platforms that allow third parties to post content are not.
Agencies must evaluate current technology accessibility to develop and implement an IT Accessibility Plan and update it at least annually. Agencies must post a public version of their IT Accessibility Plan, including recommended alternative access methods. Agencies must identify an information technology accessibility coordinator to be the key contact for the agency's information technology accessibility plan and to support complaint resolution.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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