How the ADA Title II Final Rule Impacts Public Web Accessibility Requirements

The federal DOJ published a final rule under Title II of the Americans with Disabilities Act (ADA) in 2024 that changes the obligations of state and local governments to make their websites and mobile applications accessible to people with disabilities. While we hope that you are already attempting to comply with this rule, this email summarizes how to comply.

Public entities, except for special districts, with a total population of 50,000 or more will have until April 24, 2026 to comply with the rule. Public entities with a population of less than 50,000 and all special district governments will have until April 26, 2027 to comply with the rule.

The final rule requires state and local governments to maintain their web and mobile app content at technical standard WCAG 2.1 Level AA. WCAG 2.1 Level AA generally requires state and local governments to make their web content usable and understandable for all users, including those who are visually impaired. This standard must be applied to all publicly-accessible web-based content and mobile apps run by a government entity, with limited exceptions. This rule does not require entities to apply the standard to non-publicly-accessible web-based content, such as an entity’s intranet or other internal documents.

Exceptions
Certain types of publicly-accessible web content are exempt from meeting the WCAG 2.1 Level AA standard:

1.  Archived web content.  For content to fall under this exception, the "archived web content" must meet ALL of the following four elements:

     a.    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
     b.    The content is kept only for reference, research, or recordkeeping; AND
     c.    The content is kept in a special area for archived content; AND
     d.    The content has not been changed since it was archived.

2.  Preexisting conventional electronic documents, unless they are currently used to apply for, gain access to, or participate in the public entity's services, programs, or activities.  For content to fall under this exception, the "preexisting conventional electronic documents" must meet ALL of the following three elements:
     a.    The documents are word processing, presentation, PDF, or spreadsheet files; AND
     b.    They were available on your state or local government’s website or mobile app before the date your state or local government must comply with this rule; AND
     c.    They are not currently being used to apply for, access, or participate in your state or local government’s services, programs, or activities.

3.  Content posted by a third party.  For content to fall within the “third-party” exception, the content must be posted by a third-party. Content developed by a third-party that is then posted by a public entity, or by the entity’s contractors or vendors, does not fall within this exception and therefore must meet the WCAG 2.1 Level AA requirement. Additionally, this exception does not apply to a public entity’s tools or platforms that allow third-parties to post content, such as a message board platform on a government website. 

4.  Individualized, password-protected or otherwise secured conventional electronic documents.  For content to fall within this exception the “individualized, password-protected or otherwise secured conventional electronic documents” must meet ALL of the following three elements:
     a.    The documents are word processing, presentation, PDF, or spreadsheet files; AND
     b.    The documents are about a specific person, property, or account; AND
     c.    The documents are password-protected or otherwise secured.

5.  Preexisting social media posts.  To fall under this exception, the posts in question must have been posted prior to the compliance date.

Exceptions 1, 2, and 5 apply to content created prior to the compliance date. Exceptions 3 and 4 can apply to all content regardless of when the content was created.

It is important to note that exempt web content, whether through an exception or because the content is not “publicly accessible,” is still subject to other ADA requirements. For example, if an employee of a public entity requests a specific intranet document be made accessible, that entity must fulfill the request under its ADA Title I employment obligations.

We hope this summary is helpful. As always, let us know if you have any questions.