The ADA Title II Rule on Digital Accessibility explicitly requires state and local governments and their third-party vendors to comply with WCAG 2.1 AA standards for web and mobile applications. This rule also clarifies accessibility standards in the digital space for public sector entities such as government agencies, public schools, public libraries, public transportation, and national parks, ensuring individuals with disabilities can access essential government services online.
This new rule goes into effect on April 24, 2026, for public entities with a total population of 50,000 or more and on April 26, 2027, for those with a total population of less than 50,000.
State agencies, public schools, libraries, museums, public utilities, and other organizations are impacted by WCAG 2.1 AA compliance requirements. Examples of services that must adhere to these standards include, but are not limited to:
-
Online payments: Taxes, utilities, fines, permits, parking
-
Ticket purchases: Public transportation, events
-
Educational services: portals, online learning platforms, libraries
-
Employment services: job applications and training programs available to the public
-
Recreational services: facility or state park reservations
-
Legal and judicial services: paying fees, court records, scheduling, legal aid services
Exceptions to the Rule
-
Archived Content: Web content created before the compliance date, used for reference or record-keeping, stored in a designated archive area, and has not been changed since it was archived is exempt.
-
Pre-existing Conventional Documents: Word documents, PDFs, or spreadsheets created before the compliance date may be exempt unless they are needed to access or apply for services.
-
Third-Party Content: Content posted by individuals who are not contractors or vendors for the government is exempt.
-
Password-Protected, Individual Documents: Word documents, PDFs, or spreadsheets about a specific person, property, or account and secured with a password may be exempt.
-
Pre-existing Social Media Posts: Posts made before the compliance date are exempt.
What Does This Mean for Public Sector Entities?
All public sector entities should begin auditing their systems, content, and social media in early 2025 to determine where they lack compliance and plan to fix issues that do not fall under the list of exceptions. Not only will entities need to fix the existing problems they uncover, but they will need to develop a training plan, standards, and operational plan to prevent issues from being introduced in future system updates or content development and maintain compliance.
Actions Required for Compliance
-
Web Accessibility: Ensure websites and mobile applications comply with the WCAG 2.1 AA guidelines for accessibility.
-
Contractual Agreements: State and local governments must ensure contracts with third-party vendors include accessibility requirements.
-
Training: Provide training for all personnel involved in digital development on accessibility best practices to ensure you do not create accessibility issues in the future
-
Accessibility Audits: Conduct regular audits of digital properties to identify and prioritize accessibility issues.
-
Monitoring: Continuously monitor digital services for accessibility compliance and quickly address issues when found.
Implications for 3rd Party Vendors
Vendors providing products or services to public sector entities must ensure their digital solutions are accessible. If the products are not compliant, they risk losing that business and/or face legal risks if contracts require WCAG/accessibility and the solution does not deliver it. The direct risk is to the public entity. Still, the state and local government can sue the third party and/or face legal risks if contracts require WCAG/accessibility and the solution does not deliver it. The direct risk is to the public entity, but the state and local government can sue the 3rd party vendor.
FAQs
Does this apply to employee services or just external constituents?
Title II applies to external only. Title I applies to employees.
Can I create an alternate, accessible version to meet the requirement?
You can only have an alternate version if a technical or legal limitation prevents inaccessible web content or mobile apps from being made accessible. You cannot have an alternate version simply because it would require too much effort to make it accessible.
Don't wait to start the auditing and planning process if you are a government entity or a product or service provider to government entities. Reaching compliance can be a significant effort, and you'll need to have training and maintain a compliance plan. Red Door can help you audit, plan, and remediate issues on your website. Reach out if you need support or want to talk with one of our website accessibility experts.