ADA Title II and Government Website Accessibility: What Agencies Must Know

As the ADA Title II web accessibility compliance deadline approaches in 2026, local government websites must be accessible. The Department of Justice's updated rule requires all covered public entities to meet WCAG 2.1 Level AA (which inherently includes Level A) for websites and mobile apps. These website accessibility guidelines set clear expectations for making digital services usable by people with disabilities.

Title II applies only to state and local governments, including cities, counties, school districts, and special districts. Federal agencies follow a different law, Section 508 of the Rehabilitation Act, which currently references WCAG 2.0 Level AA. While many requirements overlap, the legal frameworks are separate.

If you work in city or county IT, communications, legal/compliance, or you’re a vendor that builds or hosts digital services for public entities, this applies to you. The DOJ’s 2024 rule sets WCAG 2.1 AA as the standard for public-facing websites, mobile apps, and most digital documents, on fixed deadlines. It’s urgent because this isn’t cosmetic— it touches code, content, documents, and third-party tools, and it takes coordination across teams.

What ADA Title II Requires for Government Websites

Under the Americans with Disabilities Act (ADA), Title II requires that services, programs, and activities of state and local governments be accessible to individuals with disabilities. This law includes not just physical locations and printed materials, but also websites, mobile apps, and online tools.

The DOJ's final rule clarifies that public entities must:

1. Conform to WCAG 2.1 Level AA for websites and mobile apps.
2. Ensure all public-facing digital services are accessible, whether operated directly or by a contracted vendor.
3. Meet deadlines based on population size.

This rule applies to:

1. State and local governments (cities, counties, school districts, special districts).
2. Agencies and departments with public-facing websites or apps.
3. Private vendors delivering digital services on behalf of a public entity.

Read The New DOJ Rule: What State and Local Governments Must Know

Meeting Government Website Accessibility Standards Under ADA Title II

Achieving compliance with government website accessibility standards takes far more than running an automated scan. Automated tools can flag some issues — like missing alt text or low color contrast — but they miss many requirements in WCAG 2.1 AA, particularly those related to user experience, navigation, and assistive technology compatibility.

WCAG 2.1 AA covers dozens of success criteria across four principles:

• Perceivable — Information and user interface components must be presented in ways all users can perceive.
  
  
• Operable — All functionality must be usable through various inputs, such as keyboard navigation or voice commands.
  
  
• Understandable — Content and interfaces must be clear, consistent, and predictable.
  
  
• Robust — Content must be compatible with current and future assistive technologies.

Because many of these criteria require judgment and real-world testing, an accurate accessibility audit is essential for accurately identifying conformance gaps. 

Why an Audit Is Only the Starting Point

Many government agencies underestimate the time and effort needed to remediate after an accessibility audit. There's a common assumption that once the audit is complete, compliance is just around the corner. In reality:

• Remediation can take months, especially when websites have hundreds of pages, legacy content, or complex third-party systems.
  
  
• Manual fixes are often essential, particularly for code-level issues, interactive elements, and documents.
  
  
• Resource limitations: a lack of internal staff or technical expertise can slow progress.
  
  
• Without a clear roadmap or dedicated team, the post-audit phase can stall even when there's intent to comply.

The audit is essential, but it’s the starting point. From there, the work is clear owners and dates, making the changes, training your team, and keeping checks in place over time.

Planning for Compliance: From First Audit to Ongoing Accessibility

Meeting government website accessibility standards under ADA Title II requires both technical execution and long-term commitment. To stay on track and meet compliance deadlines, and avoid the post-audit stall, you should:

1. Audit early and thoroughly. Include websites and mobile apps. Combine automated scans with manual testing using screen readers, keyboard navigation, and voice input tools. Early audits reveal the full scope of work, including issues that require code-level fixes.
   
   
2. Prioritize high-impact services. Address essential areas first, such as payment portals, permit applications, meeting schedules, and emergency alerts.
   
   
3. Remediate at the code level. Fix issues directly in the source code rather than relying on widgets or temporary solutions, especially for interactive elements and documents. 
   
   
4. Create a phased remediation roadmap—plan work based on impact, legal risk, and complexity. A phased roadmap prevents delays when working with legacy content, third-party systems, or limited staffing.
   
   
5. Train internal teams and vendors. Ensure all contributors understand WCAG 2.1 AA requirements. Training helps maintain standards during future updates and reduces regression risk.
   
   
6. Embed accessibility into procurement. Require WCAG 2.1 AA conformance in all contracts, RFPs, and vendor agreements to ensure compliance from the outset.
   
   
7. Maintain transparency and accessibility monitoring. Publish an accessibility statement, offer a feedback mechanism for reporting barriers, and conduct regular testing to catch issues before they become compliance risks. A simple feedback email or form with clear ownership helps close the loop quickly.

Ongoing digital accessibility compliance isn't a one-time project. Digital accessibility requires a sustained, structured process integrated into everyday operations.

Exceptions to the Rule

While the Title II rule is comprehensive, the DOJ allows limited exceptions:

1. Archived web content that is not needed for active use.
   
   
2. Preexisting conventional electronic documents (e.g., old PDFs), unless they are currently used to provide services or information.
   
   
3. Third-party content not posted on the entity's behalf (i.e., not posted due to contractual, licensing, or other arrangements).
   
   
4. Password-protected individualized documents, such as utility bills or student report cards.
   
   
5. Preexisting social media posts created before the compliance deadlines.

The rule also allows for equivalent facilitation (using different methods that provide equally effective access). The rule recognizes that if compliance would cause an undue burden or fundamentally alter the nature of a program or service, it may not be required.

Deadlines for State and Local Website Accessibility Compliance

The DOJ's final rule sets staggered deadlines:

1. Large public entities (serving 50,000+ people): must comply by April 24, 2026.
   
   
2. Smaller entities (under 50,000) & special districts: must comply by April 26, 2027.

Delaying until the final year is risky. Complex remediation projects often require extended timelines, especially when multiple systems and vendors are involved.

How ADA Title II Applies to Private Vendors

Public entities remain fully responsible for compliance, even when a private vendor delivers digital services.

Best practices for vendor relationships include:

1. Shared responsibility: Vendors must deliver accessible products; agencies must verify compliance before launch.
   
   
2. Clear contracts: Include WCAG 2.1 AA conformance requirements in procurement documents, RFPs, and service agreements.
   
   
3. Ongoing checks: Require accessibility reviews during updates and maintenance, not just at launch.

In practice, vendors may meet WCAG at launch but drift during later updates without ongoing testing.

Why Compliance Matters Beyond the Law

Accessible websites ensure equal access to public services for millions of Americans with disabilities, improve usability for all residents, strengthen public trust, and reduce the risk of complaints or DOJ investigations.

By acting now, you can:

1. Avoid last-minute compliance rushes.
2. Deliver better service to all residents.
3. Demonstrate leadership in inclusive digital government.

With the right partner, you can move from compliance planning to sustained accessibility with confidence.

Partner with UsableNet

For End-to-End ADA Title II Compliance

From your first accessibility audit through full WCAG 2.1 AA (and WCAG 2.2 AA) remediation, UsableNet delivers a complete managed service — including automated and manual testing, code-level fixes, continuous monitoring, and transparent reporting.

If you’re scoping timelines or need a gut-check on effort, contact my team at UsableNet. If helpful, we can take a quick look at where you are today and outline a phased path to your deadline.

Not ready to talk yet? 

Learn more about our ADA Title II compliance support or run a free accessibility test to see where you stand.

Implementing ADA Title II compliance can be challenging due to the numerous regulations and technical requirements. For a step-by-step approach, you can check out our ADA Title II Web and Mobile App Compliance Guide.