The Department of Justice’s final rule under ADA Title II sets WCAG 2.1 Level A/AA as the benchmark for accessible websites, mobile apps, and digital documents across state and local governments. The rule was published April 24, 2024, took effect June 24, 2024, and sets compliance dates of April 24, 2026 (≥50,000 population) and April 24, 2027 (<50,000 population and special districts).
We break down key sections of the rule based on real questions and examples discussed in our recent webinar. From social media obligations and third-party tools to exceptions and building a sustainable compliance framework, the goal is to help organizations move from uncertainty to action—knowing what to do first, where to focus, and how to document progress.
The contents of this blog include excerpts from our webinar: ADA Title II Deadlines and Legal Risks: Leadership Steps for 2026. A special thanks to Seyfarth Shaw's John Egan for sharing his perspective on potential ADA Title II enforcement.
Disclaimer: This blog is for education only and is not legal advice.
ADA Title II requires state and local governments to provide accessible digital services—websites, mobile apps, and public-facing documents—aligned to WCAG 2.1 A/AA. AAA is not required.
Most public entities must comply by April 24, 2026; entities with fewer than 50,000 residents and special district governments have until April 24, 2027.
Early planning matters. Accessibility work touches content, design systems, code, vendor platforms, and extensive document libraries, and meaningful remediation can take months.
Helpful reads: Title II Compliance Timeline blog
“In scope” includes all public-facing content and services you publish or provide—directly or through vendors:
Websites, subdomains, microsites, and web apps.
Mobile apps used by the public.
Portals and dashboards for residents, students, patients, or businesses.
Documents the public must read or submit (PDF, Word, Excel, PowerPoint).
Online media (audio, video, livestreams), maps, charts, and data tools.
Embedded third-party tools (payments, booking, forms) that deliver your services.
Internal systems are generally out of scope unless they function as the public’s pathway to services.
Operational tip: Keep an in-scope register that lists each property, its owner, current status, and a remediation plan. Review it quarterly.
ADA has three titles: Title I (employment), Title II (state and local government entities), and Title III (places of public accommodation such as hotels, private schools, and retail).
Our focus here is Title II. The rule and accompanying commentary and DOJ fact sheet clarify that digital access must be effective, integrated rather than segregated, and equivalent. This applies across vision, hearing, cognitive, physical, and other disabilities, and it includes contracted content and services.
Public entities must ensure websites, mobile apps, and digital documents conform to WCAG 2.1 Level A and AA. AAA is aspirational. Limited exceptions apply only where full conformance would cause a fundamental alteration or an undue financial or administrative burden. If you invoke an exception, you still need to provide access to the maximum extent possible and document both the rationale and any interim accommodations.
What this looks like in practice:
Scope includes websites, mobile apps, portals, and public-facing PDFs
Evidence includes policies, testing logs, remediation tickets, and release notes
Prioritize forms, payments, search, account access, and other high-impact tasks first
Use automated scans plus manual and assistive-technology testing
General exceptions are rare. A high-level official with budget authority—or a designee—must make a formal determination after considering all available resources. Record who made the decision and when.
Document your reasoning in writing, including the analysis of resources, the duration and review date, and the interim access plan. Provide accessible alternatives and clear instructions for requesting accommodations. Store determinations with your policy, testing logs, and remediation plans, and reassess as resources or technology change.
You may treat legacy items as archived and not remediate them to WCAG 2.1 A/AA if all of these are true: the content predates your compliance deadline; it’s kept only for reference, research, or recordkeeping; it sits in a designated archive separate from active pages; it has not been altered; and it isn’t relied upon for current services.
If someone requests an archived item, provide access to the maximum extent possible—such as an accessible alternative or a remediated copy—unless doing so would cause an undue burden or fundamental alteration.
Program practices:
Segment archives with labels and dates
Offer a request path for accessible versions and track responses
Confirm that active pages do not rely on archived files
Example: a 2019 water-quality report PDF in a labeled archive, unchanged, likely qualifies.
June 2025 council minutes posted after the compliance date, or linked from a current “Meetings” page, do not.
Pre-existing conventional documents are common file types—PDF, Word, Excel, PowerPoint—created or posted before your compliance date. They may qualify if they’re only for reference or recordkeeping, unmodified since the deadline, and segregated from active content. If requested, provide access to the maximum extent possible (for example, a remediated copy or an HTML alternative).
What does not qualify: files created or posted on or after the compliance date; documents needed for current services or transactions; or any file updated after the compliance date.
Example: a 2022 Thanksgiving parade flyer in a labeled archive, unchanged, may qualify. A legacy PDF still used for current services does not.
Independent third-party content you do not control—such as user comments, forum posts, or community wiki entries—is generally not covered. Contracted or integrated functionality used to deliver your services—payments, scheduling, embedded forms—must be accessible, even when vendor-hosted. If it’s how the public completes a task with your agency, treat it as your responsibility in procurement and monitoring.
This exception applies to individualized, password-protected documents such as utility or tax bills in conventional formats (PDF, Word, Excel, PowerPoint). It does not extend to the portal or delivery system itself. Login, navigation, and interactive features must be accessible.
Make it practical: label secured documents as individualized and password-protected; offer alternate formats upon request; test the end-to-end portal flow with keyboard and screen readers.
You do not have a retroactive duty to remediate posts published before your compliance date. New posts should follow WCAG-aligned practices to the extent the platform allows: alt text for images; accurate captions and transcripts; descriptive link text; readable contrast; and links to accessible landing pages.
Example: a 2023 Facebook post with an image and no alt text is generally exempt. A 2026 Instagram reel announcing services should include accurate captions and a link to an accessible page.
Conforming alternate versions are permitted only when the original content cannot be made directly accessible. Any alternate must deliver an equivalent experience—same tasks, information, and outcomes—with no extra burden on the user.
Equivalent facilitation means you may use new technologies or methods that meet or exceed WCAG 2.1 Level AA. The goal is functional parity, not a lesser backup.
Key points:
Use alternates only as a last resort when direct remediation is not feasible.
Alternatives must be equally effective (timely, independent, private, and usable).
Document why direct conformance is not possible and how equivalence is achieved.
This is a narrow, last-resort exception. It applies only when WCAG conformance is impossible but the experience is still equivalent in timeliness, privacy, independence, and usability. Provide a clear, efficient path to complete the same task, avoid added steps or delays, and record your rationale. Revisit the decision as technology or resources change.
Evidence package to maintain:
Accessibility policy and program overview.
Test plans, findings, and severity mapping.
Tickets and release notes with before/after artifacts.
Exception determinations and interim access plans.
Vendor accessibility requirements and monitoring cadence
Align teams and governance so accessibility becomes managed, measurable, and embedded in everyday operations.
A multi-department compliance network is essential, supported by clear policies, thorough documentation, and continuous monitoring. Taken together, these practices recognize that accessibility isn’t a one-time task but an ongoing responsibility.
Do we have to fix old social posts?
No retroactive duty for pre-deadline posts. New posts should follow WCAG practices to the extent platforms allow.
Who can approve an exception?
A high-level official with budget authority (or designee) must issue a written determination, including interim access and a review date.
Are vendor tools our responsibility?
If the public uses them to access your services, yes—embedded or vendor-hosted, they must be accessible and monitored.
Do archived and pre-existing documents ever need remediation?
Not if they meet the criteria and remain unmodified and separate from active content. You must still provide access upon request to the maximum extent possible.
Can we use an alternate version instead of fixing the original?
Only when direct conformance is not feasible, and the alternate is equally effective. Document your rationale and revisit regularly.
UsableNet provides comprehensive support for government entities and their vendors, including detailed compliance guidance, thorough auditing services, and end-to-end remediation support.
UsableNet supports government entities and their vendors with policy and program guidance, testing, and end-to-end remediation. Ready to move from interpretation to action? Book a 15-minute consult or run a quick AQA scan to prioritize fixes and document progress.