Newsletter

Title II Digital Accessibility Rule: Revised Deadlines and Practical Next Steps for Member Agencies

In April 2024, the U.S. Department of Justice (DOJ) issued a final rule updating its regulations under Title II of the Americans with Disabilities Act (ADA) to establish clear requirements for the accessibility of web content and mobile applications provided by state and local governments. The DOJ has formally adopted Web Content Accessibility Guidelines (WCAG) 2.1, Level AA as the technical standard for evaluating accessibility. WCAG 2.1 Level AA conformance includes all Level A requirements, plus additional, more comprehensive criteria (Level AA) to address a wider range of accessibility barriers. Because the levels are cumulative, meeting Level AA standards automatically ensures that all Level A criteria are also met. WCAG 2.1, Level AA addresses accessibility for individuals with visual, hearing, mobility, and cognitive disabilities.

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The Title II digital accessibility rule applies to state and local government entities, including cities, counties, special districts, and their departments and agencies, when they provide services through public‑facing websites and subsites, documents posted online (PDFs, Word files, spreadsheets, presentations, videos), third‑party websites or platforms offered to the public (such as permitting or registration systems), and mobile applications offered for public use. It’s important to note that public entities remain responsible for accessibility even when services are delivered through third-party software or vendors.

In April 2026, the DOJ issued an interim final rule extending the compliance deadlines, providing additional time for public entities to meet these requirements:

• The compliance date for State and public entities with a total population of 50,000 or more is extended from April 24, 2026, to April 26, 2027.
• The compliance date for public entities with a total population of less than 50,000, or any special district government, is extended from April 26, 2027, to April 26, 2028

While the deadlines have been extended, accessibility standards and agency responsibilities remain unchanged. The rule continues to require public entities to ensure that people with disabilities have equal access to programs, services, and activities offered through digital platforms.

Digital accessibility is not just a technical or IT issue; it is a risk management issue. Inaccessible digital content can create barriers that increase exposure to complaints, investigations, and litigation. From a risk perspective, the DOJ rule clarifies expectations by establishing a uniform technical standard, confirms that agencies remain responsible even when vendors provide digital services, recognizes good‑faith, phased progress rather than immediate compliance, and aligns digital accessibility planning with ADA transition plan concepts used for physical accessibility. Agencies that demonstrate planning, prioritization, documentation, and ongoing improvement are better positioned to manage risk and address accessibility concerns.

Guidance shared through DOJ materials and recent Risk Management Roundtable discussions emphasizes that, while digital accessibility may seem daunting, it should be addressed as an ongoing transition plan rather than a one-time project. Some steps that agencies can take include:

1. Establishing a Baseline: Conduct an initial accessibility scan of your agency’s main website and subsites using automated tools. These scans help identify potential barriers and establish baseline documentation, even though they do not resolve issues on their own.
2. Prioritize High‑Use Content: Focus on webpages, forms, and documents that the public relies on most to apply for programs or permits, register or pay fees, and access time‑sensitive or required information. If a digital resource is the primary way the public accesses a service, it should be prioritized for accessibility.
3. Minimize Exposure by Cleaning Up Content: Some agency websites may contain outdated or duplicative documents. Removing unnecessary content (after confirming records retention requirements) can reduce accessibility risk and remediation workload.
4. Prevent New Barriers: Ensure that new content is accessible from the start. Use built-in accessibility checkers in Microsoft Word, Excel, and PowerPoint; add alternative text to images; caption videos; use accessible fonts, adequate contrast, and plain language; and, when feasible, post content directly on webpages instead of uploading PDFs.
5. Review Third‑Party Platforms: Inventory public‑facing third‑party platforms and begin requesting Voluntary Product Accessibility Templates (VPATs) and Accessibility Conformance Reports (ACRs) from vendors where available. Documentation of review efforts is an important risk‑management practice. A Digital Accessibility Vendor Inquiry Letter template is available in the Resource Library on the Authority’s website. The template can be used when inquiring with existing vendors about the accessibility of website and mobile application services they provide to your agency.

The DOJ and the ADA National Network have published several resources to help agencies plan and implement compliance efforts, including:

• State and Local Governments: First Steps Toward Complying with the ADA Title II Web and Mobile App Accessibility Rule
• Webinar: Americans with Disabilities Act Title II Web & Mobile Application Accessibility Rule
• Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State & Local Governments
• Small Entity Compliance Guide for State and Local Governments

While the DOJ’s extension provides additional time, agencies should not pause their efforts to implement their digital accessibility action plans. Agencies are encouraged to continue planning, prioritizing, and documenting progress toward accessible digital services to fulfill the ADA’s purpose of guaranteeing equal participation and effective communication for everyone.

If you have questions, please contact your regional risk manager.

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