The Department of Justice (DOJ) has issued a final rule under Title II of the Americans with Disabilities Act (ADA), aimed at enhancing web content and mobile applications (apps) accessibility for individuals with disabilities. The ruling aims to eliminate barriers to accessing online services provided by state and local governments, ensuring that essential digital information and services are accessible to everyone, regardless of disabilities.
The updated rule specifies that all state and local government agencies must meet the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA as the benchmark for web and mobile apps accessibility. The DOJ has set forth specific limited exceptions, however, a person may request a public entity provide any web or mobile content in an accessible format and the entity will need to address those requests. Exceptions include:
- Archived web content
- Pre-existing conventional electronic documents
- Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements
- Individualized documents that are password-protected
- Pre-existing social media posts
The DOJ published the “Small Entity Compliance Guide” to help small state and local governments navigate these new requirements. The deadline to comply with the new rule depends on the size of the agency, as detailed below. Note that school districts should use the population of the city or county of their jurisdiction. If departments or agencies (such as a library, police, or sheriff’s department) have their own website, they would use the population of the larger government agency to determine the required compliance date.
|
State and local government size |
Compliance date |
|
0 to 49,999 persons |
April 26, 2027 |
|
Special district governments |
April 26, 2027 |
|
50,000 or more persons |
April 24, 2026 |
In order to comply with the timeline, PRISM recommends the following:
- Review the “Small Entity Compliance Guide”
- Provide training for web developers, content creators, and other staff on accessibility best practices
- Perform an audit of all digital content and mobile applications to identify accessibility barriers
- Create a detailed plan outlining the steps and timelines for achieving compliance with WCAG 2.1, Level AA requirements
The DOJ’s new rule is a crucial step towards digital inclusion. By following this timeline and committing to continuous improvement, public entities can ensure that their digital services are accessible to all citizens, promoting inclusivity and equal access to essential services.
While Risk Control’s practice is to help our members manage their risk, this specific subject matter is outside of our expertise. Therefore, we have compiled the following additional resources to assist:
If we can assist with any general questions, please do not hesitate to reach out to Kristin Skorka.