Government Compliance
ADA Title II Web Accessibility Overview
The DOJ's final rule requires state and local governments to make their websites and mobile apps conform to WCAG 2.2 Level AA. Here is what you need to know.
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 2.2 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 2.2 Level AA
Web content and mobile apps must conform to WCAG 2.2 Level AA. This includes all new and updated content, as well as the full archive of existing content subject to exemptions.
Mobile Applications
Native mobile applications (iOS and Android) must also conform to WCAG 2.2 Level AA. This is a significant expansion beyond the previous web-focused guidance.
Third-Party Content
Content from vendors and third-party developers that is under the government entity's control must also be accessible. Procurement contracts should require WCAG 2.2 AA conformance.
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 24, 2026 — Large Entities
State and local governments with populations of 50,000 or more must comply. This covers all major cities, counties, and most states.
April 26, 2027 — Small Entities
State and local governments with populations under 50,000 must comply. Special districts and single-purpose entities also fall in this category.
Don't wait for the deadline. Achieving WCAG 2.2 AA conformance across a large government website takes 12–24 months of sustained effort. Entities that start now will be better positioned than those that begin in the months before their deadline.
Technical Standards: WCAG 2.2
WCAG 2.2 is the Web Content Accessibility Guidelines published by the W3C. 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.
WCAG 2.2 also introduced new criteria not present in earlier versions, including Focus Appearance (2.4.11), Dragging Movements (2.5.7), Target Size (2.5.8), Accessible Authentication (3.3.8), and Redundant Entry (3.3.7).
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 2.2 AA failures across all inventoried assets.
Prioritize by impact and risk. Fix the most critical barriers on your highest-traffic pages first.
Require vendors and SaaS providers to provide a VPAT demonstrating WCAG 2.2 AA conformance before purchasing.
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.
Need Help with Title II Compliance?
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