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

Kentucky: accessible IT for the state and anyone it funds

Kentucky's accessible information technology law reaches further than most. It covers the state and every state-assisted organization, and puts a technology access clause into their IT contracts.

/ The laws

What each statute says

Accessible information technology

KRS 61.980 to 61.988

Who it binds
Covered entities: the state (its departments, agencies, public bodies and instrumentalities) and any state-assisted organization, meaning a college, university, nonprofit, person, political subdivision, school system or other entity supported in whole or in part by state funds.
What it requires
IT used by employees, program participants and the public must give people with disabilities equivalent access, present information for visual and nonvisual use, and be bought under a contract with the technology access clause (61.982). Access is measured against standards such as Section 255 and Section 508 (61.980).
Enforcement
The Finance and Administration Cabinet writes the clause and the access standards, and the clause goes into all IT contracts entered into after July 14, 2000 for or by covered entities (61.984). Existing IT is brought into compliance on upgrade or replacement (61.986).

Who it binds

The law binds covered entities, defined as the state or any state-assisted organization. A state-assisted organization is a college, university, nonprofit organization, person, political subdivision, school system or other entity supported in whole or in part by state funds. That pulls in counties, cities, school districts and nonprofits that receive state money, not just state agencies.

What it requires

The head of each covered entity must make sure the IT used by employees, program participants and the public gives people with disabilities access equivalent to others, presents information in formats meant for both visual and nonvisual use, and was purchased under a contract with the technology access clause. The statute defines access by reference to nationally accepted standards such as Section 255 and Section 508.

The access standards must make interactive control readily achievable by nonvisual means, be compatible with the technology other people use, integrate into shared networks, and give equivalent access to telecommunications services.

What vendors take on

The technology access clause, developed by the Finance and Administration Cabinet in line with Section 255 and Section 508, goes into every contract for IT procured by or for a covered entity since 14 July 2000, subject to the exclusions in KRS 61.986. A vendor selling software or web services to a Kentucky school district or city funded by the state is signing that clause, not only a vendor selling to a state agency.

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 Kentucky 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

Read every Kentucky public sector contract for the access clause and keep a Section 508 or WCAG conformance report ready. Public bodies also carry the federal Title II duty, which sets WCAG 2.1 AA.

/ Questions

Questions people ask

Does Kentucky's accessible IT law apply to local governments?
Yes, where they are supported in whole or in part by state funds. The statute's definition of state-assisted organization includes political subdivisions and school systems.
Which standard does Kentucky use?
The statute refers to nationally accepted standards such as Section 255 and Section 508, and the Finance and Administration Cabinet sets the clause and access standards in line with them.
Must old systems be replaced?
No. IT bought before July 14, 2000 is brought into compliance when it is upgraded or replaced.
/ 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.