On March 24, 2025, Virginia made a bold move by passing House Bill 2541 (HB2541), which is a sweeping update to the Commonwealth’s Information Technology Access Act.
As a background, the Commonwealth’s Information Technology Act requires that all state and public institutions ensure their information and communication technology (ICT) is accessible to people with disabilities.
HB2541 broadens the scope of this Act by, among other requirements, doubling down on accessible technology procurement. More details on the bill’s requirements will be provided in a moment.
First, let’s recognize the significance of this milestone moment:
- The bill’s passage means accessible procurement is not just another box to check. This bill signals that digital accessibility is a procurement requirement.
- The responsibility to create accessible software must be shared by the vendor who is making the software, rather than the buyer solely taking ownership and legal risk.
In this blog, I break down the requirements of HB2541, who the bill applies to, deadlines for compliance, and why it matters.
What Does HB2541 Enact?
HB2541 modernizes Virginia’s approach to accessible technology by significantly expanding the scope of its Information Technology Access Act.
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)—outlining the accurate state of product accessibility. The ACR is built on the Voluntary Product Accessibility Template (VPAT®).
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.
This “product accessibility roadmap” transforms the VPAT from a procurement box to check into a living document—the 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.
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.
Who Must Comply with HB2541?
Covered entities under HB2541 include:
- All Virginia state agencies
- Public school divisions
- Public institutions of higher education
- Local government bodies and special districts
These organizations are now responsible for procuring, developing, and using digital tools that are accessible to all users, including those with disabilities.
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, which litigated the issue of blind students not being able to access third-party technology.
HB2541 was created to protect entities, such as West Virginia University, from some of the legal risk by assigning shared responsibility to software vendors.
What Is Required to Comply with HB2541?
For the list of covered entities outlined above:
- ICT procured or developed in-house must conform to federal accessibility standards such as Section 508 of the Rehabilitation Act and the DOJ’s recently finalized Title II regulations under the ADA, which require WCAG 2.1 AA compliance by 2026 or 2027 depending on the size of the entity.
- All new or renewed contracts for software or digital tools must include an accessibility clause.
- If a product isn’t fully conformant (which is highly unlikely to be the case or be expected of these software vendors), a completed VPAT / ACR and a Vendor Accessibility Roadmap must be submitted.
- Each agency may appoint a Digital Accessibility Coordinator and must post contact info online for reporting digital barriers.
For software vendors:
- Be prepared to demonstrate a software’s accessibility status using a current VPAT / ACR (Allyant recommends updating this document at least annually as procuring entities need to report annually to the General Assembly on noncompliant ICT under this bill.)
- Disclose areas of noncompliance and provide a realistic timeline and plan to resolve them.
- Partner with a qualified accessibility subject matter expert or neutral third party to produce reports (Allyant can help).
What Are the Key Deadlines for Compliance with HB2541?
HB2541 includes a phased rollout based on the size and type of entity which aligns directly with the DOJ Title II regulations for these same covered entities:
- April 24, 2026—Applies to:
- Covered entities with populations of 50,000 or more
- State public bodies
- Institutions of higher education
- April 26, 2027—Applies to:
- Special districts
- Covered entities with populations less than 50,000
Each new or renewed ICT contract after these dates must include the accessibility certification requirements outlined in the bill’s final text.
Are There Any Exceptions?
HB2541 does include a few exceptions, which include:
- An exception may only be made if purchasing an accessible item would increase the total procurement cost by more than 5%.
- From my experience, this exception will be extremely difficult to enforce. If this is enacted, most competitive vendors will fall within a 5% window of one another, which will create “contesting” of awards. However, this will also strongly encourage software vendors to build accessibility into their applications, positioning them to win significantly more business in Virginia (and nationally)—not to mention fulfilling the spirit of the legislation, which is to make products that are accessible for people with disabilities
- ICT exclusively used by non-visually impaired users can still be procured and will be exempt from HB2541 requirements.
- I believe this exception is misaligned with Title II requirements and digital accessibility in general. WCAG and the VPAT / ACR template cover all disabilities, not just non-visually impaired users. For example, it is conceivable that an internal (employee) or external user of a procured software has a physical or motor dexterity disability and relies on keyboard-only navigation because they can’t use a mouse. If the product is not accessible for them, this non-visually impaired user would not be able to leverage the software, and he or she would be excluded.
- Agencies must report exceptions on an annual basis and provide estimates of the costs required to bring noncompliant ICT into alignment.
- I appreciate that exceptions must be reported. In full transparency, this allows a competitive software vendor who commits to building and deploying accessible software to win business from their competition, which is a win for equal access. However, I also find this exception somewhat misaligned with the overall spirit of this bill’s goal of shifting liability to the software vendor. In most cases, it would be the software vendor that must ensure its product is accessible. This should not increase costs for the procuring entity and should instead be viewed as a cost of doing business. WCAG is nearly 30 years old, and there are global regulations that require conformance, so we have passed the point of software vendors not having time to comply or incorporate accessibility standards into their development lifecycles. Ultimately, competition drives innovation, and, in this sense, accessible software. I’m confident software vendors addressing specific niche product needs will step up and commit to accessibility, ultimately rendering this exception moot.
Why HB2541 Matters, and Why It’s the Right Move
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:
- The Department of Justice’s 2024 Final Rule for Title II entities under the ADA requires digital compliance with WCAG 2.1 AA by 2026 or 2027, depending on entity size.
- The U.S. Department of Health and Human Services (HHS) is finalizing similar digital accessibility requirements for healthcare entities.
- HB21-1110 in Colorado mandates accessibility for all state and local government digital resources, with a deadline set for July 1, 2025.
The responsibility of accessibility lies with the procuring entity—who has little or no ability to make the product they’re buying accessible. This presents an unfair pain point for most state and municipal governments, as well as educational institutions—especially when they have no choice because the accessible software they need doesn’t exist.
Pushing Accountability Upstream: A Vendor Wake-Up Call
Virginia’s approach to codifying accessible product procurement—placing greater responsibility on the software creator—will advance accessibility. It will compel the creation of accessible products, providing covered entities with more purchasing options while mitigating compliance risk.
No software will ever be perfect, but that isn’t an excuse for inaction.
By requiring vendors to be transparent, provide accurate VPATs/ACRs, and offer plans for improvement, Virginia is asserting: “Accessibility is a shared responsibility.” This marks a milestone moment for the advancement of accessibility.
What Should Covered Entities Do Now to Comply with HB2541?
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:
Step 1: Start with a risk matrix of every third-party software or other ICT your team has procured.
This matrix should include:
- Number of users
- Whether it’s public-facing or internal
- The purpose of the software
- Its renewal date
- The product costs
This simple matrix will help you quickly prioritize the most critical third-party software you have procured. For example, considering the “exceptions” 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.
Step 2: After mapping out this matrix, I would begin working on process improvements for upcoming purchases or renewals to set the stage for HB2541 compliance:
- Appoint a Digital Accessibility Coordinator as mandated by the bill.
- Update procurement processes promptly to request a third-party VPAT/ACR from each software vendor from whom you are procuring or renewing.
- Establish a centralized inventory and roadmap for digital tools that need improvement, which will be easy for vendors to provide if they work with a reputable third party to perform ongoing product testing.
- Engage with trusted partners like Allyant to assess software or VPATs/ACRs from vendors you are considering. A trusted partner will provide remediation guidance on the strength and accuracy of these procurement tools to ensure compliance with HB2541.
What Software Vendors Must Do to Comply (and Sell Their Product)
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—Colorado’s HB21-1110 compliance deadline is July 1, 2025, and the EAA has a compliance deadline of June 28, 2025.
- Audit your product against WCAG 2.2 AA with expert testers and individuals with disabilities, rather than relying solely on automation. Ensure the testing methodology is clearly outlined on your VPAT/ACR to comply with HB2541.
- Publish a current VPAT/ACR that reflects transparent findings from this testing, rather than marketing or sales fluff.
- Develop a Product Accessibility Roadmap to address any identified gaps, which will necessitate using an Accessibility Management Platform.
- Implement regular retesting cycles, as accessibility isn’t a one-time event. Additionally, you must provide updated VPATs / ACRs annually to comply with HB2541.
- Prepare your sales and legal teams to speak confidently about accessibility status and timelines, as this will be a necessary part of the purchasing process and must be included in the contract language going forward.
Setting the National Standard
Virginia’s 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.
I’m hopeful this bill sets a precedent for other states to follow. The reality is that covered entities shouldn’t 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.
If you’re ready to discuss your compliance roadmap—whether you’re a software vendor, a public-sector agency, or another entity, Allyant is here to help. Connect with our team today.
