Minnesota: Section 508 and WCAG written into state technology law

Subdivision 9 binds state agencies, which chapter 16E defines as agencies in the executive branch, including the Office of Higher Education. Minnesota State Colleges and Universities are excluded unless another provision says otherwise. Local governments and private businesses are not covered by this statute.

The chief information officer must develop accessibility standards for technology, software and hardware procurement, and require agencies to follow them. The statute fixes the floor: the standards must incorporate Section 508 of the Rehabilitation Act and WCAG 2.0. The CIO must review later revisions of Section 508 and WCAG and may fold them in, so the standard in force can be newer than the statute's text.

Two release valves exist. The CIO may grant an exception when an agency asks, and may modify a standard that would impose an undue burden on the state, with written findings explaining the deviation.

Because the standards are written for procurement, a vendor selling software or web services to a Minnesota executive branch agency should expect accessibility requirements in the solicitation and contract, and a request for conformance documentation against the version of WCAG the state currently applies. Ask the buying agency which version that is before writing the conformance report.

State law here adds to federal law; it does not replace it. Every city, county, school district and special district in Minnesota 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.

For state agencies the duty is administrative and runs through the CIO, with the federal Title II rule applying on top. For private businesses in Minnesota, the obligations come from federal law and the state's general human rights law, not from this section.