Government Compliance
ADA Title II Web Accessibility Overview
The DOJ's rule requires state and local governments to make their websites and mobile apps conform to WCAG 2.1 Level AA. In April 2026, the DOJ extended the compliance dates by one year.
What is Title II?
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities by state and local government entities. It applies to all programs, services, and activities of these entities, including those delivered online.
For decades, state and local governments operated websites with little formal guidance on what "accessible" meant technically. That changed in April 2024 when the Department of Justice published a final rule establishing a specific technical standard: WCAG 2.1 Level AA.
Why this matters: This is the first time the DOJ has issued binding regulations specifying a technical accessibility standard for web content. It ends the ambiguity that allowed many government websites to remain inaccessible for years.
Who is Covered?
Title II applies to all state and local government entities, including:
Coverage extends to websites, mobile apps, and any web-based content, including social media accounts, third-party content the government controls, and electronic documents posted to government sites.
DOJ Final Rule Requirements
The final rule (28 CFR Part 35) establishes the following core requirements:
Technical Standard: WCAG 2.1 Level AA
Web content and mobile apps must conform to WCAG 2.1 Level AA. This includes new and updated content and existing content subject to the rule's specific exceptions.
Mobile Applications
Native mobile applications (iOS and Android) must also conform to WCAG 2.1 Level AA, to the extent the criteria can be applied.
Third-Party Content
The rule covers content an entity provides or makes available directly or through contractual, licensing, or other arrangements. Procurement requirements should reflect WCAG 2.1 AA and the rule's third-party-content provisions.
Implementation Timeline
The rule provides a phased implementation schedule based on population served:
April 24, 2024: Rule Published
DOJ final rule takes effect. Compliance clock starts for all covered entities.
April 26, 2027: 50,000 or more
State and local governments with populations of 50,000 or more must comply. This covers all major cities, counties, and most states.
April 26, 2028: Under 50,000 and special districts
State and local governments with populations under 50,000 must comply. Special districts and single-purpose entities also fall in this category.
Do not treat the extension as idle time. Inventory, sampling, procurement changes, remediation, document work, and re-testing all need to fit before the applicable 2027 or 2028 date.
Technical Standard: WCAG 2.1
WCAG 2.1 is the Web Content Accessibility Guidelines version incorporated into the DOJ rule. Level AA includes all Level A criteria plus additional Level AA requirements. Key areas include:
1.1 Text Alternatives
All non-text content (images, icons, charts) has text alternatives that describe the same information.
1.3 Adaptable
Content can be presented in different ways without losing information or structure.
1.4 Distinguishable
Text contrast 4.5:1 minimum. Text resize to 200%. No horizontal scrolling at 320px wide.
2.1 Keyboard Accessible
All functionality available via keyboard. No keyboard traps. Keyboard shortcuts can be remapped.
2.4 Navigable
Skip links, descriptive page titles, visible focus indicators, descriptive headings and labels.
4.1 Compatible
Valid HTML. Name, role, and value exposed for all UI components. Status messages programmatically determined.
Some organizations voluntarily evaluate WCAG 2.2 as a forward-looking practice, but WCAG 2.1 Level AA is the technical standard incorporated into this Title II rule.
Exemptions
The final rule includes a limited set of exemptions. Note: these exemptions are narrow. When in doubt, assume the content must be accessible.
- Archived web content: content that was not recently updated, is kept only for reference, and is clearly labeled as archived
- Pre-existing conventional electronic documents: documents (PDFs, Word files) published before the compliance date, unless currently used in an active program
- Content posted by a third party: content provided by third parties that the government does not control and is not funded by the entity
- Individualized, password-protected content: documents created for a specific individual (e.g., a billing statement) where the individual can request an accessible version
- Undue burden: where compliance would impose an undue financial and administrative burden; the entity must still provide an accessible alternative means of access
Steps to Comply
Catalog all websites, web applications, mobile apps, and electronic documents your entity publishes or controls.
Use automated scanning plus manual expert testing to identify WCAG 2.1 AA failures across representative assets and key journeys.
Prioritize by impact and risk. Fix the most critical barriers on your highest-traffic pages first.
Require relevant vendors and SaaS providers to provide current accessibility documentation addressing WCAG 2.1 AA.
Ongoing training ensures that newly published content meets the standard and does not introduce new barriers.
Document your conformance status, list known limitations, and provide contact information for users needing assistance.
Schedule quarterly audits and integrate accessibility testing into your content management workflows.
Primary sources
Standards and regulations change. Verify anything you plan to rely on against the source itself.
This guide is technical information, not legal advice.
It describes accessibility standards and how to test against them. Whether a specific obligation
applies to your organization, and how to answer any regulatory filing, is a question for your counsel.
No consultant can certify legal compliance or guarantee that an organization will avoid a complaint,
claim, or enforcement action.
Last reviewed August 31, 2026.
Working toward the 2027 or 2028 deadline?
A conformance audit gives you the inventory, the evidence, and a phased remediation roadmap with effort ranges: the material a public entity needs to show progress well before its compliance date.
Scope a Title II audit