The ADA Title II web accessibility rule: deadlines and requirements

In April 2024 the U.S. Department of Justice (DOJ) published a final rule under Title II of the Americans with Disabilities Act. It adds Subpart H to 28 CFR Part 35 and, for the first time, names a technical standard for state and local government websites and mobile apps: WCAG 2.1 Level AA. This guide explains who it covers, when it applies, what is exempt and how to get ready.

The deadlines

The compliance date depends on the size of the public entity.

The rule's original dates were one year earlier, and DOJ moved them back. Population is based on U.S. Census Bureau estimates. Use our deadline calculator for a live countdown, and confirm any date with counsel before you rely on it.

Who is covered

"Public entity" is broad: states, counties, cities and towns, and the departments, agencies and special purpose districts under them. Public school districts, public colleges and universities and public libraries are covered. So is web content and a mobile app that a contractor provides or makes available on a public entity's behalf, which is why vendor contracts matter as much as your own pages.

What the rule requires

Web content and mobile apps that a public entity provides or makes available must conform to WCAG 2.1 Level AA. That covers the pages people use to learn about services, pay a bill, apply for a permit, register for a program or read a public meeting notice, and the documents attached to them. Many organizations test against WCAG 2.2 AA instead, because content that meets 2.2 AA also meets 2.1 AA, and 2.2 is the current version.

What is exempt

The rule lists specific exceptions. They are narrower than they first look, so read each carefully.

• Archived web content created before the compliance date, kept only for reference, research or recordkeeping, stored in a clearly marked archive and not changed.
• Preexisting conventional electronic documents (PDF, Word, Excel, PowerPoint) posted before the compliance date, unless they are currently used to apply for, access or participate in a service.
• Third-party content that is not posted because of a contractual or other relationship with the public entity.
• Individualized, password-protected documents about a specific person or property, such as a utility bill.
• Preexisting social media posts published before the compliance date.

Two further provisions apply. A conforming alternate version is allowed only when it is not possible to make the content itself accessible. And an entity can claim that full compliance would be a fundamental alteration or an undue financial and administrative burden, but that decision has to be made by the head of the entity or their designee, documented in writing and still leaves a duty to provide access to the maximum extent possible.

How to prepare

1. Inventory what you publish. List your websites, subdomains, portals, mobile apps and the third-party systems residents use.
2. Scan everything. An automated scan finds the issues a machine can detect across hundreds of pages quickly. Request a free audit to see your baseline.
3. Prioritize by impact. Fix critical and serious issues on the pages people use most first: forms, payments, notices and contact pages.
4. Test by hand. Automation covers part of WCAG. Check keyboard use, focus order, screen reader behavior, captions and error messages yourself or with a specialist.
5. Fix the documents. Tag PDFs, set the document title and language, and give images alternative text.
6. Update contracts. Require vendors to meet WCAG 2.1 AA or better and to supply a VPAT or ACR.
7. Publish a statement and a feedback route. See how to write an accessibility statement.
8. Keep monitoring. Sites change every week. Scheduled scans catch regressions before a resident does.

Section 504 of the Rehabilitation Act sets a parallel rule for organizations that receive federal health funding; see the Section 504 guide. Many public hospitals and health departments are covered by both.