On March 24, 2025, Virginia made a bold move by passing House Bill 2541 (HB2541), which is a sweeping update to the Commonwealth\u2019s Information Technology Access Act. <\/p>\n\n\n\n
As a background, the Commonwealth\u2019s Information Technology Act requires that all state and public institutions ensure their information and communication technology (ICT) is accessible to people with disabilities. <\/p>\n\n\n\n
HB2541 broadens the scope of this Act by, among other requirements, doubling down on accessible technology procurement. More details on the bill\u2019s requirements will be provided in a moment.<\/p>\n\n\n\n
First, let\u2019s recognize the significance of this milestone moment:<\/p>\n\n\n\n
In this blog, I break down the requirements of HB2541, who the bill applies to, deadlines for compliance, and why it matters.<\/p>\n\n\n\n
HB2541 modernizes Virginia\u2019s approach to accessible technology by significantly expanding the scope of its Information Technology Access Act. <\/p>\n\n\n\n
The bill ensures that accessibility requirements apply to all individuals with disabilities, not just those who are blind or visually impaired. It also broadens the definition of ICT to include websites, applications, and other digital services.
To verify compliance, HB2541 requires vendors to provide software Accessibility Conformance Reports (ACRs)\u2014outlining the accurate state of product accessibility. The ACR is built on the Voluntary Product Accessibility Template (VPAT\u00ae). <\/p>\n\n\n\n
And, where accessibility gaps exist, vendors must go a step further and submit a Vendor Accessibility Roadmap outlining areas of nonconformance, as well as a timeline for planned remediation. <\/p>\n\n\n\n
This \u201cproduct accessibility roadmap\u201d transforms the VPAT from a procurement box to check into a living document\u2014the intended purpose of the VPAT from its creation.
HB2541 also encourages public entities to designate Digital Accessibility Coordinators who will be responsible for policy implementation and barrier remediation.<\/p>\n\n\n\n
Finally, the bill introduces formal reporting and oversight mechanisms to help agencies track noncompliant ICT and estimate the resources needed to bring systems into conformance.<\/p>\n\n\n\n
Covered entities under HB2541 include:<\/p>\n\n\n\n
These organizations are now responsible for procuring, developing, and using digital tools that are accessible to all users, including those with disabilities. <\/p>\n\n\n\n
The timing of the passing of this bill, which has been in the works for some time, aligns with the recent landmark legal case against West Virginia University<\/a>, which litigated the issue of blind students not being able to access third-party technology.<\/p>\n\n\n\n HB2541 was created to protect entities, such as West Virginia University, from some of the legal risk by assigning shared responsibility to software vendors.<\/p>\n\n\n\n For the list of covered entities<\/strong> outlined above:<\/p>\n\n\n\n For software vendors<\/strong>:<\/p>\n\n\n\n HB2541 includes a phased rollout<\/strong> based on the size and type of entity which aligns directly with the DOJ Title II regulations for these same covered entities<\/a>: Each new or renewed ICT contract after these dates must include the accessibility certification requirements outlined in the bill\u2019s final text.<\/p>\n\n\n\n HB2541 does include a few exceptions, which include:<\/p>\n\n\n\n While federal and state-level legislation is moving in the right direction by requiring accessible digital content and ICT, it fails to hold vendors accountable. For example:<\/p>\n\n\n\n The responsibility of accessibility lies with the procuring entity\u2014who has little or no ability to make the product they\u2019re buying accessible. This presents an unfair pain point for most state and municipal governments, as well as educational institutions\u2014especially when they have no choice because the accessible software they need doesn\u2019t exist.<\/p>\n\n\n\n Virginia\u2019s approach to codifying accessible product procurement\u2014placing greater responsibility on the software creator\u2014will advance accessibility. It will compel the creation of accessible products, providing covered entities with more purchasing options while mitigating compliance risk.<\/p>\n\n\n\n By requiring vendors to be transparent, provide accurate VPATs\/ACRs, and offer plans for improvement, Virginia is asserting: \u201cAccessibility is a shared responsibility.\u201d<\/strong> This marks a milestone moment for the advancement of accessibility.<\/p>\n\n\n\n If you are a state agency, public school division, or higher education institution in Virginia, time is of the essence. There are two critical steps I recommend to comply with this new regulation in the next 12 months:<\/p>\n\n\n\n Step 1:<\/strong> Start with a risk matrix of every third-party software or other ICT your team has procured.<\/p>\n\n\n\n This matrix should include:<\/p>\n\n\n\n This simple matrix will help you quickly prioritize the most critical third-party software you have procured. For example, considering the \u201cexceptions\u201d of HB2541, if you have third-party software used by two internal users, this poses a fairly low risk. Alternatively, if you are a K-12 school that has procured software accessed by every student and parent to perform core functions for educational purposes, this presents a very high risk.<\/p>\n\n\n\n If you’re a software vendor selling into the Virginia public sector, the clock is ticking. But this is just one accessibility compliance deadline you might face\u2014Colorado\u2019s HB21-1110 compliance deadline is July 1, 2025, and the EAA has a compliance deadline of June 28, 2025.<\/p>\n\n\n\n Virginia\u2019s HB2541 is more than just a state-level compliance standard. It demonstrates the leadership public entities have been longing for. It bridges the gap between intent and action in digital accessibility by holding accountable the vendors who develop the tools that agencies purchase and that we all rely on.<\/p>\n\n\n\n I\u2019m hopeful this bill sets a precedent for other states to follow. The reality is that covered entities shouldn\u2019t be left alone to absorb the legal risks of inaccessible software, nor should they bear the brunt and costs of remediating accessibility issues when these are fully out of their control.<\/p>\n\n\n\n If you\u2019re ready to discuss your compliance roadmap\u2014whether you\u2019re a software vendor, a public-sector agency, or another entity, Allyant is here to help. Connect with our team today<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" On March 24, 2025, Virginia made a bold move by passing House Bill 2541 (HB2541), which is a sweeping update to the Commonwealth\u2019s Information Technology Access Act. As a background, […]<\/p>\n","protected":false},"author":11,"featured_media":95860,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":true,"footnotes":""},"categories":[14],"tags":[66,124,125,80],"class_list":["post-95664","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-accessibility","tag-digital-accessibility","tag-hb2541","tag-web-accessibility"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\tWhat Is Required to Comply with HB2541?<\/strong><\/h2>\n\n\n\n
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What Are the Key Deadlines for Compliance with HB2541?<\/strong><\/h2>\n\n\n\n
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Are There Any Exceptions?<\/strong><\/h2>\n\n\n\n
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Why HB2541 Matters, and Why It\u2019s the Right Move<\/strong><\/h2>\n\n\n\n
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Pushing Accountability Upstream: A Vendor Wake-Up Call<\/strong><\/h2>\n\n\n\n
No software will ever be perfect, but that isn\u2019t an excuse for inaction.<\/strong><\/h2>\n\n\n\n
What Should Covered Entities Do Now to Comply with HB2541?<\/strong><\/h2>\n\n\n\n
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Step 2:<\/strong> After mapping out this matrix, I would begin working on process improvements for upcoming purchases or renewals to set the stage for HB2541 compliance:<\/p>\n\n\n\n\n
What Software Vendors Must Do to Comply (and Sell Their Product)<\/strong><\/h2>\n\n\n\n
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Setting the National Standard<\/strong><\/h2>\n\n\n\n