Legal & Compliance

ADA Title II: Web Accessibility Requirements for State and Local Government

Title II of the Americans with Disabilities Act prohibits disability discrimination by state and local government entities. In April 2024, the US Department of Justice finalized a rule under Title II that, for the first time, sets explicit technical web and mobile app accessibility requirements — a significant shift from decades of ambiguity about what "accessible" meant for government digital services.

The requirement, specifically

Covered entities must ensure their web content and mobile apps conform to WCAG 2.1 Level AA. This isn't a vague "make it accessible" standard — it's a named, specific, versioned technical benchmark, functionally identical in spirit to how WCAG conformance levels already work for any other purpose.

Who is covered

Any "public entity" as defined by the ADA — state governments, local governments (cities, counties, towns), and their departments, agencies, and instrumentalities. This includes public schools, public transit authorities, courts, and any other government body at the state or local level. It does not cover federal agencies (those fall under Section 508) or private businesses (those fall under Title III).

Compliance deadlines

• Large entities (jurisdictions with a total population of 50,000 or more): compliance deadline was April 24, 2026 — already passed.
• Small entities (jurisdictions with a total population under 50,000, and all special district governments regardless of population): compliance deadline is April 26, 2027.

Limited exceptions

The rule includes a small number of specific exceptions: archived web content that isn't currently used and is kept only for reference/research, content posted by a third party unrelated to the entity's own services, certain pre-existing conventional electronic documents, and content on password-protected intranets available only to a limited group. These are narrow, specifically defined exceptions — not a general safe harbor for "we didn't get to it yet."

Why this matters beyond direct government sites

Because this is a firm, DOJ-issued federal rule with real enforcement mechanisms and real deadlines (not case-law inference, the way Title III largely operates), it's often treated as a leading indicator for where broader US accessibility enforcement is heading — vendors and contractors serving government clients frequently find themselves needing WCAG 2.1 AA conformance as a procurement requirement even if they aren't a public entity themselves.

Common questions

Does ADA Title II require WCAG compliance?

Yes. The DOJ's 2024 rule explicitly requires state and local government web content and mobile apps to conform to WCAG 2.1 Level AA — the first time a specific, versioned technical standard was named under Title II.

What are the ADA Title II web accessibility deadlines?

Governments serving 50,000 or more people had to comply by April 24, 2026. Smaller jurisdictions and all special district governments have until April 26, 2027.

Who does ADA Title II cover?

Any public entity — state and local governments, cities, counties, public schools, transit authorities, and courts. It does not cover federal agencies (Section 508) or private businesses (Title III).