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Introduction
Ensuring that all software procured by our organization is accessible to everyone, including individuals with disabilities, is a critical part of our commitment to inclusivity and compliance with legal requirements. This article provides guidance for both software requestors and vendors on the necessity of supplying accessibility documentation.
Primary Compliance Mechanism: Terms & Conditions
How we ensure accessibility compliance
Minnesota State ensures accessibility compliance for purchased services by incorporating accessibility requirements into the vendor’s negotiated terms and conditions. Business Services leads the contractual engagement with vendors and coordinates with legal as needed.
At a high level, these negotiated terms are intended to ensure the vendor’s digital service aligns with current WCAG expectations and that the vendor will support accessibility over time.
Why we request documentation
Vendors provide an ACR/VPAT and/or Accessibility Statement to support these contract terms and to document their ability to meet the agreed accessibility requirements.
Tip for requestors: You do not need to negotiate legal language. Your role is to help connect the vendor with Business Services and to help collect the documentation below, which supports the negotiation and verification process.
Accessibility Law and Compliance
Title II of the Americans with Disabilities Act (ADA)
Title II of the Americans with Disabilities Act (ADA) mandates that public entities provide equal access to their programs, services, and activities. This includes ensuring that any software used by the organization is accessible to individuals with disabilities. Compliance with Title II of the ADA is not just a legal requirement but also a moral obligation to ensure equal access for all.
https://www.ada.gov/topics/title-ii
In April of 2024, Title II of the ADA was updated requiring state and local governments to make their websites and mobile apps accessible to people with disabilities. This rule establishes specific technical standards to ensure equal access to digital government services and takes effect starting June 24, 2024, with compliance deadlines in 2026.
https://www.ada.gov/resources/2024-03-08-web-rule/
- Applies to state and local governments.
- Covers all programs, services, and activities provided by public entities.
- Requires these entities to ensure that individuals with disabilities have equal access to public services such as transportation, education, and voting.
Section 508 of the Rehabilitation Act
Section 508 of the Rehabilitation Act requires federal agencies to ensure that their electronic and information technology is accessible to individuals with disabilities, providing them with comparable access to information and services as those without disabilities. It applies to the development, procurement, maintenance, and use of technology, and mandates compliance with specific accessibility standards set by the U.S. Access Board.
https://www.section508.gov
- Applies to federal agencies and organizations that receive federal funding.
- Focuses specifically on electronic and information technology (EIT).
- Requires that all federal websites, software, hardware, and digital documents be accessible to people with disabilities
Accessibility Documentation Requirements
To support the negotiated terms and conditions, vendors are required to provide one of the following documents:
- Accessibility Conformance Report (ACR): This report is produced from a Voluntary Product Accessibility Template (VPAT) and outlines how the product meets the accessibility standards.
- Accessibility Statement: This document provides an overview of the product's accessibility features and any known limitations.
These documents support contract negotiation and provide evidence of the vendor’s ability to meet the agreed accessibility requirements.
Conclusion
By supplying the necessary accessibility documentation, vendors help our organization ensure that all software products are accessible to everyone. This not only supports our commitment to inclusivity but also ensures compliance with Title II of the ADA. If you have any questions or need further assistance, please contact our IT Procurement team.
Draft Email to Vendors 📧
Below is a draft email that can be useful for requesting accessibility documentation.
Subject: St. Cloud State University - Documentation Request
St. Cloud State University is a public institution covered by Title II of the Americans with Disabilities Act (ADA). The updated DOJ rule requires digital services to meet WCAG 2.1 Level AA standards. Details are available here: https://www.ada.gov/resources/2024-03-08-web-rule/
To confirm compliance, we request that you provide a completed ACR/VPAT (Accessibility Conformance Report / completed VPAT), showing WCAG 2.1 AA alignment or provide an Accessibility Statement describing your product’s accessibility status and commitment.
If an ACR/VPAT is not available, please share an Accessibility Statement or any interim documentation or explain your stance on how this product or service meets Title II requirements.
For more detail on what the University looks for in the accessibility review please see this knowledge article: Digital Accessibility Requirements for Vendors.
Thank you for your partnership in ensuring inclusive, compliant digital experiences.
Draft Compliance Follow‑up Email to Vendors 📧
Below is a draft email that can be useful for follow up when a vendor provides a ACR/VPAT that doesn't demonstrate full conformance. It's recommended to attach the ACR/VPAT to the follow-up email inquiry.
Subject: ADA Title II (WCAG 2.1 AA) Compliance Follow‑up
We’re following up because the ADA Title II final rule requires state and local government digital services to conform to WCAG 2.1 Level AA, including services made available through third‑party vendors. As your application is used to deliver services to our community, we need documentation confirming the product’s compliance posture under this standard.
Thank you for the ACR/VPAT. We noted criteria marked “Partially Supports” and/or “Does Not Support.” To support our accessibility assessment, please provide:
- Remediation roadmap for any WCAG 2.1 AA gaps (issue list + target release dates/versions).
- Impact statement for the “Partially Supports/Does Not Support” items: a brief explanation of whether any of those items affect users with disabilities’ ability to access information or complete primary functions—and if not, why they’re not critical (scope/workflow limits, equivalent accessible method, etc.).
- Interim support plan: how users report accessibility barriers, escalation path, response time expectations, and any workarounds/alternate accessible workflows available while fixes are in progress.
Thank you for helping ensure products intended for public use meet these requirements.