Ohio: WCAG 2.1 AA by policy, with suppliers certifying it

IT-09 applies to all state agencies, boards and commissions under the authority of the Governor. It is issued by the Department of Administrative Services and cites Revised Code 125.18 as its authority. Other branches, local governments and private businesses are outside it; local governments answer to the federal Title II rule directly.

Agencies must have a digital accessibility strategy, and their public web content and mobile apps must meet WCAG 2.1 Level AA in line with the federal Title II rule. The federal exceptions for archived content, preexisting documents, certain third-party content, individualized secured documents and old social media posts apply, as do the federal rules on conforming alternate versions.

Each agency must publish an accessibility statement on its home page and primary entry points, and in each mobile app. It must say whether WCAG 2.1 AA compliance has been attained, describe the steps taken to keep it, offer a feedback channel, and link to the state's directory of ADA coordinators.

Agencies must require that contracted, in-kind and other third-party web content and mobile app work meets the federal rule and WCAG 2.1 AA. For commercial off-the-shelf software, including software as a service, the supplier must certify compliance with WCAG 2.1 AA. A certification is a statement a supplier can be held to, so it should rest on a measured test.

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

Ohio agencies and their suppliers are working to the same April 26, 2027 date as the federal rule for large public entities. A supplier should have its WCAG 2.1 AA evidence ready before signing a certification.