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In April 2024, the U.S. Department of Justice (DOJ) published a final rule under Title II of the Americans with Disabilities Act establishing specific technical requirements for web and mobile app accessibility for state and local government entities. This is the first time the federal government has explicitly mandated WCAG conformance for government digital content.

What the Rule Requires

The rule requires state and local government entities to ensure their web content and mobile applications conform to WCAG 2.1 Level AA. This applies to:

Government websites
Web-based portals and services
Mobile applications
Web content posted by third parties on behalf of the government
Documents published on government websites (PDFs, Word docs, etc.)

What Is Covered

The rule covers all web content that a state or local government makes available to the public, including:

Informational pages: Department pages, service descriptions, news and announcements
Interactive services: Online forms, permit applications, payment portals, scheduling systems
Documents: PDFs, spreadsheets, presentations, and other files published on government websites
Video and multimedia: Videos posted on government websites or social media
Mobile apps: Government-published mobile applications
Third-party content: Content posted by contractors or vendors acting on behalf of the government

Limited Exceptions

The rule includes narrow exceptions for:

Archived content: Web content that is kept for reference but not actively maintained, provided it is clearly identified as archived and an accessible alternative is available upon request
Preexisting conventional documents: PDFs and other documents posted before the compliance date, unless they are currently used to apply for or access government services
Third-party content not under the entity's control: Social media comments, user-generated content, and content from independent third parties (not contractors)
Password-protected course content: Content used in educational settings where equivalent accessible content is provided

Compliance Deadlines

The rule establishes a phased compliance timeline based on population size:

Tier 1: Large Entities

Deadline: April 24, 2026

Applies to state and local government entities with a population of 50,000 or more in their jurisdiction. This includes:

State government agencies
Large cities and counties
Large school districts
Public universities

Tier 2: Smaller Entities

Deadline: April 26, 2027

Applies to state and local government entities with a population of fewer than 50,000 in their jurisdiction. This includes:

Small cities and towns
Small counties
Small school districts
Special districts (water, fire, parks, etc.)

Special Entities

Deadline: April 26, 2027

Entities that do not serve a specific geographic population (and therefore don't have a clear population number) have until April 2027 to comply.

What Happens If You Don't Comply?

Non-compliance with the Title II web rule can result in:

DOJ enforcement action: The Department of Justice can investigate and take legal action against non-compliant entities.
Private lawsuits: Individuals can file lawsuits under Title II for inaccessible web content. While Title II does not provide for monetary damages in most circuits, courts can order injunctive relief (requiring the entity to make its content accessible).
Complaints to federal agencies: Individuals can file complaints with the DOJ or other federal agencies that provide funding to the entity.
Loss of federal funding: In extreme cases, non-compliance could jeopardize federal funding.

Steps to Prepare

1. Inventory Your Digital Content

Start by cataloging all web content your entity publishes:

Websites and subdomains
Online services and portals
Documents (PDFs, Word docs, spreadsheets)
Videos and multimedia
Mobile applications

2. Conduct a Baseline Audit

Assess the current state of accessibility across your digital content:

Run automated scans to identify common issues
Conduct manual testing on key user journeys
Test with assistive technologies (screen readers, keyboard navigation)
Prioritize issues by severity and user impact

3. Develop a Remediation Plan

Based on your audit findings, create a prioritized plan:

Critical: Barriers that prevent users from completing essential tasks (applying for services, making payments, accessing information)
High: Issues that significantly impair usability for assistive technology users
Medium: Issues that create friction but don't completely block access
Low: Minor issues that affect the experience but don't prevent access

4. Address Third-Party Content

Review contracts with vendors and third-party providers:

Include accessibility requirements in procurement contracts
Require WCAG 2.1 AA conformance for all third-party web content and services
Establish accessibility testing requirements for vendor deliverables

5. Train Your Team

Ensure staff responsible for web content understand accessibility:

Web developers and designers
Content editors and publishers
Social media managers
Document creators

6. Establish Ongoing Processes

Accessibility is not a one-time project:

Include accessibility checks in content publishing workflows
Conduct regular automated scans
Perform periodic manual audits
Maintain an accessibility feedback mechanism for the public
Document your accessibility efforts and known issues

Frequently Asked Questions

Does this apply to social media posts? The rule covers content on third-party platforms (like social media) that the government entity controls. Posts, images, and videos published by the government on social media should be accessible. Comments from the public are exempt.

What about existing PDFs? Documents posted before the compliance date are generally exempt unless they are currently used to apply for, gain access to, or participate in government services. However, new documents posted after the compliance date must be accessible.

Do we need to conform to WCAG 2.2? The rule specifies WCAG 2.1 AA. While WCAG 2.2 was published in October 2023, the rule references 2.1. Meeting 2.2 would exceed the requirement.

What about content behind a login? Yes, password-protected content that members of the public use to access government services must be accessible. The exception for password-protected content is narrow and applies only to specific educational contexts.

Can we request more time? The rule does not include a formal extension process. However, entities can demonstrate good faith efforts if challenged, including having a documented plan, making progress, and providing accessible alternatives.