What the Rule Requires
In April 2024, the Department of Justice published a new rule that, for the first time, sets a specific technical standard for government websites and mobile apps.
The rule says: all state and local governmentwebsites and mobile apps must meet WCAG 2.1 Level AA — a widely recognized set of technical guidelines for making digital content accessible to people with disabilities.
This covers everything a government entity puts online:
- Government websites and web applications
- Mobile apps (iOS, Android)
- Online forms and documents
- Online payment systems
- Interactive maps and tools
- Video and multimedia content
Official Standard
28 CFR §35.200 — Requirements
"A public entity shall ensure that the web content and mobile applications of the public entity comply with Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1."
89 FR 31320 (April 24, 2024)
The Department of Justice published the final rule on "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities" establishing specific technical standards for web and mobile app accessibility under Title II of the ADA.
Who It Applies To
This rule applies to Title II entities — that means state and local governments and all their departments, agencies, and programs. This includes:
- State government agencies, departments, and offices
- County and city governments
- Public school districts and state universities
- Public transit agencies
- Public libraries, courts, parks departments, and public hospitals
- Any other instrumentality of a state or local government
Important: This specific rule does notapply to private businesses (Title III entities) — although private businesses have their own ADA obligations regarding digital access. Courts have increasingly held that Title III covers private business websites as well.
Compliance Deadlines
The rule has two deadlines, based on the population served:
These are hard deadlines — by the compliance date, the entity's web content and mobile apps must fully conform to WCAG 2.1 Level AA. There is no phase-in period beyond the deadline itself.
Official Standard
28 CFR §35.200(b) — Compliance Date
"(1) For public entities with a total population of 50,000 or more — April 24, 2026."
"(2) For public entities with a total population of less than 50,000 — April 24, 2027."
For entities that are not defined by population (e.g., state agencies that serve the entire state), the 2026 deadline generally applies.
What's Excepted?
The rule includes several narrow exceptions. Content in these categories does not need to meet WCAG 2.1:
- Archived content: Old content kept only for research or recordkeeping — not content you still link to from your main site or use for current services. It must be in a clearly labeled archive area.
- Third-party content: Content posted by members of the public (like comments on a government social media post) that the government doesn't control.
- Preexisting conventional electronic documents:PDFs, Word docs, and similar files posted before the compliance date — unless someone with a disability requests them, in which case you must make them accessible.
- Preexisting social media posts: Posts made before the compliance date on platforms the government doesn't fully control.
Important: These exceptions are narrow. Any new document, post, or content published after the compliance date must meet the standard.
Official Standard
28 CFR §35.202 — Exceptions
The following content is excepted from the WCAG 2.1 conformance requirement:
"(1) Archived web content" — content maintained exclusively for reference, research, or recordkeeping, not used for current services, and stored in a dedicated area clearly identified as archived.
"(2) Content posted by a third party" — content not posted by or under the control of the public entity.
"(3) Preexisting conventional electronic documents" — unless an individual with a disability requests such a document.
"(4) Preexisting social media posts."
Conforming Alternate Versions
In some cases, a government entity may provide a conforming alternate version of web content instead of making the original fully accessible. This means:
- The alternate version meets WCAG 2.1 Level AA
- It provides the same information and functionality
- It is kept up to date with the original version
- There is an accessible way to find and reach the alternate version from the non-conforming page
28 CFR §35.201
"A public entity may meet the requirements of §35.200 by providing a conforming alternate version of the web content, but only if the conforming alternate version provides the same information and the same level of functionality, is updated as often as the nonconforming content, and can be reached from the nonconforming web content through an accessible mechanism."
Other Obligations Still Apply
Meeting WCAG 2.1 Level AA is the technical floor, not the ceiling. Even with full WCAG compliance, government entities still must:
- Provide effective communication — if a person with a disability needs information in a specific format (Braille, large print, plain language), the entity must provide it regardless of WCAG conformance.
- Make reasonable modifications — if a policy or procedure makes digital content inaccessible in a particular situation, the entity must modify it.
- Ensure program access — the broader Title II obligation that all government programs, services, and activities be accessible to people with disabilities.
Important Note
This guide provides general information about the Title II web accessibility rule. The rule is complex and its application may vary based on the entity's size, resources, and specific circumstances. For legal advice about your entity's obligations or your rights under this rule, connect with an experienced ADA attorney.
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