Illinois: the IITAA and its WCAG 2.1 AA standards

The Department of Innovation and Technology states that the IITAA applies to all State of Illinois governmental entities, including the three branches, constitutional offices and public universities. It also states that the Act does not directly apply to local governments, school districts, community colleges or private organizations. Those bodies are reached by federal law instead: the Title II rule for public ones, Title III for businesses open to the public.

The Act covers all information and communication technology: websites, electronic documents and video, software and applications, kiosks, office machines and telecommunications equipment. The Act was signed on 20 August 2007. The first technical standards took effect on 20 August 2008, IITAA 2.0 on 18 January 2018 (harmonized with Section 508 and WCAG 2.0 AA), and IITAA 2.1 on 24 June 2024, requiring WCAG 2.1 Level AA.

The state's IITAA procurement guidance gives model contract language: all information technology, including electronic information, software, systems and equipment, must comply with the applicable requirements of the IITAA. Where applicable the vendor provides its most recent VPAT or Accessibility Conformance Report, and the state may ask for a short demonstration of accessibility features.

A vendor's conformance report should therefore be written against WCAG 2.1 AA and be ready to survive a live demonstration.

State law here adds to federal law; it does not replace it. Every city, county, school district and special district in Illinois is bound by the federal Title II web rule, 28 CFR 35.200, which requires WCAG 2.1 Level AA on web content and mobile apps: from April 26, 2027 for public entities of 50,000 people or more, and from April 26, 2028 for smaller entities and special districts. State agencies are bound by the same rule at the earlier date.

Private businesses open to the public answer to ADA Title III. A private plaintiff can sue for an injunction and ask for attorney's fees; the Department of Justice can sue for damages and civil penalties. No federal regulation names a web standard for businesses, so audits use WCAG 2.1 or 2.2 Level AA as the working benchmark.

Illinois public universities and agencies should test to WCAG 2.1 AA under IITAA 2.1. Vendors should keep a current, measured ACR. Private businesses in Illinois are outside the Act.