8 Colo. Code Regs. § 1501-11.7

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1501-11.7 - Compliance

A public entity is in compliance with these rules for ICT that does not fully conform with the technical standards in the following cases:

A. An individual with a disability is not substantially hindered, with reasonable accommodations or modifications if needed, from accessing or engaging effectively in the same or substantially equivalent services, programs, and activities that the public entity offers through its ICT to those without disabilities, with substantially equivalent ease of use.

B. The public entity meets the requirements of the technology accessibility statement described in section 11.6, while also providing reasonable accommodations or modifications for ICT that does not fully conform with the technical standards, and the public entity can provide evidence of making good faith progress on its plan to remove accessibility barriers across its inventory of ICT. A plan could include but is not limited to the following:

1. Annual status updates demonstrating progress on advancing technology accessibility.

2. Prioritization of ICT considering how the ICT will impact the public entity and its users, including aspects such as legal requirements, user impact, usage metrics, and importance to the program, service, or activity.

3. The steps the public entity is taking to remove accessibility barriers in their ICT.

4. Timelines when inaccessible ICT will be addressed and the plan for providing reasonable accommodation and modification in the interim.

5. Policies for regularly testing and remediating ICT.

C. The public entity procures and provides reasonable accommodations or modifications if needed for the ICT that best meets the technical standards and also the public entity's business needs, which could include but are not limited to considerations such as audience needs, capacity, reliability, interoperability, organizational needs, privacy, and security.

D. The public entity has created and provides a conforming alternate version according to the requirements of section 11.8.

E. Making the ICT fully conform with the technical standards would constitute an undue burden, fundamental alteration, or pose a direct threat, or is otherwise exempted under section 11.10.

8 CCR 1501-11.7

47 CR 06, March 25, 2024, effective 4/14/2024