Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities

Plain English Summary

On April 24, 2024, the Department of Justice published a final rule that, for the first time, established specific technical requirements for web and mobile application accessibility under ADA Title II. This rule is a landmark in digital accessibility law because it answers a question that had been debated for over a decade: what specific technical standard must government websites meet?

The answer is WCAG 2.1 Level AA. State and local governments must ensure their websites and mobile applications conform to this standard. The rule provides clear compliance deadlines based on population size, and it includes limited exceptions for certain types of content.

This rule matters beyond government entities because it signals the DOJ's position on web accessibility standards and may influence future rulemaking for private businesses under Title III. It also provides a concrete legal framework that courts can reference when evaluating web accessibility cases across the board.

Who This Applies To

Directly Covered:

• All state government agencies and departments
• All local government entities (cities, counties, towns, villages, school districts, special districts)
• Public universities and community colleges
• Public transit authorities
• Courts and judicial system websites
• Public libraries
• Parks and recreation departments
• Any other instrumentality of state or local government

Specifically Included Web Content:

• All pages on the entity's official website
• Web-based applications (online forms, payment portals, scheduling systems)
• Mobile applications published by the entity
• Web content provided through third-party platforms (e.g., a third-party payment system linked from the government website)
• Social media content when used as an official communication channel

Exceptions:

• Archived content: Web content that is not updated after the compliance date and is maintained exclusively for reference, research, or recordkeeping, provided it is clearly identified as archived
• Third-party content: Content posted by third parties where the entity does not create or control the content (e.g., public comments on a social media post)
• Preexisting conventional electronic documents: PDFs, Word documents, and similar files that were posted before the compliance date, unless they are currently being used to provide access to services
• Individualized, password-protected documents: Documents prepared for specific individuals that are secured and not intended for public access
• Content in learning management systems: With conditions, password-protected course content at educational institutions

Key Requirements

Technical Standard

The rule mandates conformance with WCAG 2.1 Level AA, encompassing all Level A and Level AA success criteria. This includes 50 success criteria across four principles (Perceivable, Operable, Understandable, Robust).

Scope of Covered Content

• Web content: All content on websites that the entity makes available to the public or uses to provide services
• Mobile apps: Native applications published by the entity
• Third-party content the entity controls: If a government entity selects and procures a third-party platform (like an online payment system), that platform must be accessible
• New and existing content: Both new content published after the compliance date and existing content must meet the standard

Compliance Deadlines by Entity Size

Tier 1 -- Large entities (population 50,000+):

• Must comply by April 24, 2026
• Includes most major cities, counties, state agencies, and large school districts

Tier 2 -- Small entities (population under 50,000):

• Must comply by April 26, 2027
• Includes smaller municipalities, towns, and rural jurisdictions
• Special districts and similar entities are categorized based on the population they serve

Conformance Requirements

• The entity must achieve WCAG 2.1 Level AA conformance for all covered web content and mobile applications
• Conformance must be maintained on an ongoing basis -- this is not a one-time requirement
• When content cannot meet a specific success criterion, the entity may not rely on non-conforming content as its only means of providing the information or service

Undue Burden and Fundamental Alteration

The rule preserves the existing Title II defenses:

• An entity is not required to take any action that would result in a fundamental alteration of the nature of its services
• An entity is not required to take any action that would result in undue financial and administrative burdens
• These defenses require a written determination by the head of the entity (or a designee) and must be documented
• Even when one of these defenses applies, the entity must take alternative steps to ensure individuals with disabilities receive the benefits and services of the program

Enforcement and Penalties

DOJ Enforcement

The DOJ will enforce the rule through:

• Complaint investigations
• Compliance reviews
• Pattern-or-practice lawsuits
• Intervention in private lawsuits

The DOJ has indicated it will begin enforcement actions after the applicable compliance deadlines.

Private Lawsuits

Individuals can bring private lawsuits under Title II. The rule provides clear, testable standards (WCAG 2.1 AA) that courts can use to evaluate compliance, which may make litigation more straightforward.

Remedies Available

• Injunctive relief: Court orders requiring the entity to make its website and apps accessible
• Compensatory damages: No caps on compensatory damages under Title II
• Attorneys' fees and costs: Prevailing plaintiffs can recover reasonable attorneys' fees
• Loss of federal funding: Agencies can initiate proceedings to withhold federal financial assistance
• No punitive damages: Punitive damages are not available against government entities

Pre-Compliance Period

During the period before the compliance deadline, existing Title II obligations still apply. Government entities are not free to ignore web accessibility until the deadline arrives. The general Title II nondiscrimination mandate remains in effect, and the DOJ can still pursue enforcement for significant barriers.

Practical Implications

For Government Entities

• Start now if you have not already. The April 2026 deadline for large entities is imminent. Web accessibility remediation takes time, especially for large websites with years of accumulated content.
• Conduct a comprehensive audit. Test your website and mobile apps against all WCAG 2.1 Level AA success criteria using both automated tools and manual testing with assistive technologies.
• Address third-party platforms. Review all third-party tools and platforms integrated into your website. Contact vendors about their accessibility conformance and include accessibility requirements in new contracts.
• Develop a remediation plan. Prioritize the most-used pages and services, then work through the rest of the site systematically.
• Budget appropriately. Accessibility remediation, ongoing maintenance, staff training, and assistive technology testing all require funding.
• Document everything. If you need to invoke the undue burden defense for any aspect of compliance, you must have documented evidence of the analysis.
• Plan for ongoing compliance. Build accessibility into your content creation workflows, procurement processes, and staff training programs.

For Government Web Teams

• Train content creators. Everyone who publishes web content must understand basic accessibility: alt text, heading structure, link text, color contrast, and accessible document creation.
• Update your CMS templates. Ensure your content management system produces accessible HTML by default.
• Automate where possible. Integrate automated accessibility testing into your deployment pipeline to catch issues before they go live.
• Test with assistive technology. Automated tools miss many issues. Regular testing with screen readers, keyboard-only navigation, and voice control is essential.

For the Broader Accessibility Community

• This rule sets a precedent. The adoption of WCAG 2.1 AA as a concrete legal standard provides a framework that could be extended to Title III (private businesses) in future rulemaking.
• Expect increased litigation. Clear technical standards make it easier for plaintiffs to demonstrate noncompliance, which may increase the volume of Title II web accessibility lawsuits.
• Demand for accessibility professionals will grow. Government entities will need to hire or contract with accessibility specialists to meet these deadlines.

Key Dates and Deadlines

| Date | Event | |------|-------| | February 22, 2023 | Notice of Proposed Rulemaking (NPRM) published | | May 23, 2023 | Public comment period closed (over 3,400 comments received) | | April 24, 2024 | Final rule published in the Federal Register | | June 24, 2024 | Final rule effective date | | April 24, 2026 | Compliance deadline for entities serving populations of 50,000+ | | April 26, 2027 | Compliance deadline for entities serving populations under 50,000 |

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This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.