The U.S. Department of Justice (DOJ), Civil Rights Division, published a final rule in the Federal Register on April 24, 2024, updating its Title II regulations for the Americans with Disabilities Act (ADA). The purpose of the rule is to establish certain requirements for state and local governments to ensure that their web content and mobile apps are accessible to people with disabilities.
In its final rule, the DOJ acknowledges that state and local governments often provide services, programs, and activities through online content and mobile apps. Failure to make this content accessible to individuals with disabilities may prevent them from accessing basic and necessary government services available to all individuals. The rule gives guidance to governments to help ensure that this content is equally accessible to people with disabilities and compliant with the ADA.
Technical Standards for Web Content and Mobile Apps
The rule sets the technical standards for state and local governments’ web content and mobile apps at the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. WCAG is a set of guidelines that outlines what is necessary for web accessibility.
Generally, any web content that state and local governments make available should meet WCAG Version 2.1, Level AA. This rule also applies when a government arranges with someone else who provides or makes available web content for them.
Government entities have some time to meet these technical standards, with the exact deadlines depending on their size, as follows:
- 0 – 49,999 persons – April 26, 2027
- Special district governments – April 26, 2027
- 50,000 or more persons – April 24, 2026
Exceptions to the Technical Standards
Some limited exceptions apply to this rule. For instance, governments should prioritize making the most essential and commonly used information about their services accessible to people with disabilities quickly. Individuals may use other content much less commonly, or it may be particularly difficult for governments to address some content immediately. That content does not need to meet the same technical standards if that is the case.
Archived Web Content
Government websites often contain duplicative, outdated, or unnecessary information. Therefore, a government need not meet the technical standards for the content if:
- The content was created before the date the state or local government must comply with this rule or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs, for example) that were created before the government must comply with this rule, AND
- The content is kept only for reference, research, or recordkeeping, AND
- The content is kept in a special area for archived content, AND
- The content has not been changed since it was archived.
Preexisting Conventional Electronic Documents
Governments may have old documents on their websites, such as PDFs, that can be difficult to convert to meet the technical standards. Documents that meet both of the following conditions usually do not need to meet the technical standards, except in some situations:
- The documents are word processing, presentation, PDF, or spreadsheet files; AND
- They were available on the state or local government’s website or mobile app before the date the state or local government must comply with this rule.
However, this exception is inapplicable when the government currently uses the documents for individuals or entities to apply for, access, or participate in its services, programs, or activities. This is the case even if the government posted the documents before this rule went into effect.
Content Posted by a Third Party Where the Third Party is Not Posting Due to Contractual, Licensing, or Other Arrangements with a Public Entity
Third parties, or members of the public not controlled by or acting on behalf of government entities, sometimes post things on government websites or mobile apps. The government entity may also be unable to modify what these third parties post. As a result, those postings would not need to comply with technical standards.
Nonetheless, if the government entity posts third-party content or the government’s contractor or vendor posts content, that content must comply with the technical standards. Likewise, if the government entity uses tools or platforms that allow third parties to post content, those tools or platforms would need to meet technical standards since the government entity directly provides them.
Individualized Documents that Are Password-Protected
Government entities may make certain documents password-protected on their websites if they are only intended for one individual. For instance, a municipality may make each resident’s water and sewage bills password-protected, and it may be difficult to make all these documents accessible immediately. Generally, documents such as these do not need to meet the technical standards if they meet all three of the following conditions:
- The documents are word processing, presentation, PDF, or spreadsheet files, AND
- The documents are about a specific person, property, or account, AND
- The documents are password-protected or otherwise secured.
Preexisting Social Media Posts
For a government entity, making all their past social media posts accessible may be impractical or even impossible. Doing so also may be useless, as the posts may contain old information that is now irrelevant to the public. Therefore, government entities are not required to make preexisting social media posts comply with the technical standards.
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