Jurisdiction
US-MN
Laws
1
Checked
2026-11-05
/ US state law

Minnesota: Section 508 and WCAG written into state technology law

Minnesota's statute tells the state chief information officer to set accessibility standards for technology bought and used by executive branch agencies, and names Section 508 and WCAG 2.0 as the starting point.

/ The laws

What each statute says

Accessibility standards

Minn. Stat. 16E.03, subd. 9 and 10

Who it binds
State agencies, meaning executive branch agencies including the Office of Higher Education but not Minnesota State Colleges and Universities unless provided elsewhere (subd. 1(e)).
What it requires
The CIO develops accessibility standards for technology, software and hardware procurement (except infrastructure hardware), and agencies must adhere to them. The standards must incorporate Section 508 (29 U.S.C. 794d) and WCAG 2.0; the CIO must review later revisions of both and may incorporate them.
Enforcement
Agency compliance is required by the CIO. Exceptions may be granted by the CIO on an agency's request (subd. 10). The CIO may modify a standard that poses an undue burden with written findings.

Who it binds

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.

What it requires

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.

What vendors should expect

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.

How it sits with federal law

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.

What to take from it

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.

/ Questions

Questions people ask

Which WCAG version does Minnesota law require?
The statute requires the standards to incorporate WCAG 2.0 and Section 508, and lets the CIO incorporate later revisions. Check the current state standard for the version in force.
Does Minnesota's accessibility statute cover cities and counties?
No. Subdivision 9 binds executive branch state agencies. Local governments are bound by the federal Title II rule.
Can a Minnesota agency get an exception?
Yes. Subdivision 10 lets the CIO grant exceptions on an agency's request.
/ Sources

Where each statement comes from

Checked against the sources on .

This page explains the rules in general terms. It is not legal advice, and it does not tell you whether a rule applies to your organisation. For that, ask a lawyer who practises in the jurisdiction.