ADA Title II: State and Local Government Digital Accessibility

Important Compliance Deadlines

April 24, 2026: Large entities (50,000+ population)
April 26, 2027: Smaller entities and special districts

What is ADA Title II?

Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities by state and local government entities. On April 24, 2024, the Department of Justice (DOJ) issued a final rule establishing specific technical requirements for web content and mobile applications.

This landmark rule requires all state and local government websites and mobile apps to conform to WCAG 2.1 Level AA, providing clear, enforceable standards for digital accessibility in the public sector.

Who Must Comply?

ADA Title II applies to all "public entities," including:

  • State governments and agencies
  • County and city governments
  • Public school districts
  • Public colleges and universities
  • Public transit authorities
  • Special districts (water, fire, library)
  • Public hospitals and healthcare facilities
  • Courts and judicial systems
  • Law enforcement agencies

Technical Requirements

The DOJ rule establishes WCAG 2.1 Level AA as the technical standard. This includes 50 success criteria across four principles:

Perceivable
  • Text alternatives for images
  • Captions for video content
  • Sufficient color contrast
  • Resizable text up to 200%
Operable
  • Full keyboard accessibility
  • No keyboard traps
  • Skip navigation links
  • Clear focus indicators
Understandable
  • Readable content
  • Predictable navigation
  • Input assistance and error handling
  • Clear instructions
Robust
  • Valid, well-formed code
  • Compatible with assistive technologies
  • Proper ARIA implementation
  • Status messages for screen readers

Compliance Timeline

Entity Type Deadline Time Remaining
Large entities (population ≥ 50,000) April 24, 2026 ~16 months
Smaller entities (population < 50,000) April 26, 2027 ~28 months
Special districts (water, fire, library, etc.) April 26, 2027 ~28 months

What's Covered

The rule covers all "web content" and "mobile applications" that public entities use to provide services, programs, or activities. This includes:

Web Content
  • Official government websites
  • Online payment portals
  • Document libraries (PDFs, forms)
  • Meeting agendas and minutes
  • Job application portals
  • Public records requests
  • Emergency notifications
Mobile Applications
  • Transit apps
  • Utility payment apps
  • Parking apps
  • 311 service request apps
  • Recreation program apps
  • Library apps
  • Emergency alert apps

Limited Exceptions

The rule includes narrow exceptions for:

  • Archived content: Content created before the compliance date that is kept solely for research, reference, or recordkeeping and is clearly identified as archived
  • Preexisting conventional documents: Documents in formats like Word or PDF created before compliance date, unless specifically requested
  • Third-party content: Content posted by third parties that the entity does not control (with significant limitations)
  • Password-protected class materials: In educational settings with alternative accessible formats
  • Individualized documents: Documents prepared specifically for one individual
Note: These exceptions are narrowly defined. Most web content will need to comply with WCAG 2.1 Level AA.

Enforcement

The Department of Justice enforces ADA Title II through:

  • Complaint investigations - Anyone can file a complaint with DOJ
  • Compliance reviews - DOJ may initiate reviews of any covered entity
  • Private lawsuits - Individuals may sue directly in federal court
  • Pattern or practice suits - DOJ may bring suit for widespread violations
Potential Consequences
  • Injunctive relief requiring immediate remediation
  • Compensatory damages to affected individuals
  • Civil penalties up to $75,000 (first violation) or $150,000 (subsequent)
  • Attorney's fees and costs
  • Ongoing monitoring and reporting requirements

Steps to Compliance

Perform a comprehensive audit of all websites and mobile applications using automated tools and manual testing. Identify all WCAG 2.1 Level AA violations and prioritize remediation.

Create a prioritized remediation roadmap. Focus first on high-traffic pages, essential services, and the most severe barriers. Set realistic timelines and assign responsibilities.

Ensure web developers, content creators, and procurement staff understand accessibility requirements. Build accessibility into ongoing content creation and procurement processes.

Remediate identified barriers. Update procurement policies to require accessibility in all new technology purchases. Establish accessibility standards for vendor contracts.

Implement ongoing monitoring processes. Conduct regular audits. Respond promptly to accessibility complaints. Continuously improve based on user feedback.

Resources

DOJ Fact Sheet: Web Accessibility Rule Federal Register: Final Rule (Full Text) WCAG 2.1 Quick Reference WSC Testing Tools Complete WCAG Guidelines
Key Facts
Effective Date
April 24, 2024
Technical Standard
WCAG 2.1 Level AA
Compliance Deadline (Large)
April 24, 2026
Compliance Deadline (Small)
April 26, 2027
Enforcement Agency
Department of Justice
Maximum Civil Penalty
$75,000 - $150,000
Need Help?

Have questions about ADA Title II compliance? The Web Standards Commission provides resources and guidance.

Contact WSC
Report a Violation

Encountered an inaccessible government website? Report it to the Web Standards Commission.

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