ADA Title II 2026:
what governments need to know
The DOJ's final rule requires state and local government websites to meet WCAG 2.1 Level AA. Here's what's required, who's covered, and how to prepare.
What is the ADA Title II web accessibility rule?
In April 2024, the DOJ published a final rule establishing specific technical standards for state and local government digital accessibility.
Key points of the final rule
WCAG 2.1 Level AA is the standard
The rule formally adopts WCAG 2.1 Level AA as the technical benchmark for compliance. This covers 50 success criteria across perceivable, operable, understandable, and robust principles.
Websites and mobile apps are covered
The rule applies to all web content and mobile applications that state and local governments use to provide services, programs, or information to the public.
Third-party content included
Governments are responsible for the accessibility of content provided through third-party platforms, including payment portals, scheduling systems, and document repositories.
Why this matters
This is the first time the DOJ has established specific technical standards for web accessibility under Title II. Previously, compliance requirements were less defined, leading to uncertainty. Now there's a clear benchmark.
Know your compliance deadline
Different entities have different timelines. Find yours below.
State and local governments with 50,000+ population
Larger government entities must ensure all web content and mobile apps conform to WCAG 2.1 Level AA.
Governments with fewer than 50,000 population & special districts
Smaller entities and special district governments (school districts, transit authorities, etc.) have an additional year.
Washington State agencies
Washington State has separate requirements mandating WCAG 2.2 Level AA for state-presented technology.
Who is covered under Title II?
What WCAG 2.1 AA requires
WCAG is organized around four principles. Here's what each covers.
Perceivable
- Text alternatives for images and media
- Captions and transcripts for video/audio
- Content adaptable to different presentations
- Sufficient color contrast (4.5:1 minimum)
Operable
- Full keyboard accessibility
- No keyboard traps
- Skip navigation links
- Adequate time limits for interactions
Understandable
- Readable and predictable content
- Clear form labels and instructions
- Error identification and suggestions
- Consistent navigation patterns
Robust
- Valid, well-structured HTML
- Proper ARIA implementation
- Compatible with assistive technologies
- Name, role, value for all UI components
WCAG 2.1 Level AA includes 50 success criteria. Automated tools can test approximately 40% of these.
View Full WCAG ChecklistWhat happens if you don't comply?
Non-compliance carries real risks for government entities.
Civil rights complaints
Individuals can file complaints with the DOJ or pursue private legal action for discrimination under Title II.
Consent decrees
The DOJ may require settlement agreements with strict remediation timelines and ongoing monitoring.
Constituent exclusion
Inaccessible digital services exclude constituents with disabilities from essential government services and information.
Remediation costs
Rushed fixes after complaints are typically more expensive than proactive compliance planning.
How to prepare for compliance
A practical roadmap for government entities approaching the deadline.
Audit your current state
Run automated scans to identify known issues. Document what you find as a baseline.
Prioritize critical issues
Focus on high-traffic pages and essential services first. Fix blocking issues that prevent access.
Address third-party content
Review vendor contracts. Ensure third-party tools and platforms meet accessibility requirements.
Plan for manual testing
Automated tools catch ~40% of issues. Budget for manual testing with assistive technologies.
Establish ongoing monitoring
Accessibility is not a one-time fix. Set up regular scans to catch regressions.
Document everything
Maintain records of your efforts. Documentation demonstrates good-faith compliance work.
Frequently asked questions
Common questions about the ADA Title II web accessibility requirements.
Does Title II apply to my government entity?
Title II applies to all state and local government entities, including agencies, counties, cities, towns, school districts, public universities, transit authorities, courts, and special districts. If you're a public entity receiving federal funding or operating government services, you're likely covered.
What's the difference between Title II and Title III?
Title II covers state and local government entities (public sector). Title III covers private businesses and places of public accommodation (private sector). The new 2024 rule specifically updates Title II with defined technical standards (WCAG 2.1 AA).
Is WCAG 2.2 required, or just WCAG 2.1?
The federal rule specifies WCAG 2.1 Level AA. However, WCAG 2.2 is the current standard and includes additional criteria that improve accessibility. Some states (like Washington) require WCAG 2.2. Meeting 2.2 ensures you exceed federal requirements.
What about archived content?
The rule includes limited exceptions for archived content that is not used to carry out government functions and is maintained exclusively for reference or research. However, actively used content must be accessible regardless of when it was created.
Can we use automated tools for compliance?
Automated tools are valuable for identifying many issues quickly, but they detect approximately 40% of WCAG criteria. Full compliance requires combining automated scanning with manual testing by people using assistive technologies.
What if we can't meet the deadline?
The rule does not include deadline extensions. However, documented good-faith efforts toward compliance are important. If you're actively working toward accessibility with a clear remediation plan, that demonstrates commitment to compliance even if some issues remain.
Continue Learning
Explore related guides to support your ADA compliance journey.
WCAG 2.2 AA Checklist
All 50 Level A and AA success criteria with automated vs manual testing indicators.
WCAG 2.2 vs 2.1
Understand what changed between versions and which standard to target.
Automated vs Manual Testing
What each approach catches and how to combine them effectively.
Accessibility Audit Trail Guide
How to document compliance efforts your legal team will actually use.
Know where you stand
Get a clear picture of your website's accessibility status. Identify issues, prioritize fixes, and document your compliance efforts.