The DOJ’s ADA Title II final rule requires state and local government websites and mobile applications to follow WCAG 2.1 Level AA. Large jurisdictions must comply by April 24, 2026, with smaller jurisdictions following by April 24, 2027. The rule applies to digital services provided directly or through vendors and establishes a clear federal standard for accessibility.
DOJ ADA Title II Final Rule for Government Websites
In April 2024, the U.S. Department of Justice issued the Final Rule on Web and Mobile Accessibility Under ADA Title II under Title II of the Americans with Disabilities Act (ADA) that directly addresses the accessibility of websites and mobile applications operated by state and local government entities.
The rule amends the DOJ’s Title II regulations in 28 CFR Part 35 and establishes a clear, enforceable technical standard for digital services provided by public entities.
For government and municipal organizations, this rule formalizes expectations that have existed through enforcement actions and court decisions for years.
It moves digital accessibility from guidance-based interpretation into a defined regulatory framework with explicit standards and compliance deadlines.
What the DOJ’s final rule requires
The final rule confirms that digital services delivered through government websites and mobile applications are covered by ADA Title II. This includes any web-based or app-based content used to provide public programs, services, or activities.
Before this rule, public entities were expected to make digital services accessible, but there was no single, binding technical benchmark. The final rule addresses that gap by:
- Explicitly covering websites, mobile applications, and digital documents
- Adopting a uniform technical accessibility standard
- Establishing phased compliance deadlines based on population size
Key dates and compliance deadlines
Entity type | Examples | Compliance deadline | Practical risk if delayed |
|---|---|---|---|
Public entities serving 50,000+ people | State agencies; large cities; large counties | April 24, 2026 | High |
Public entities serving <50,000 people | Small towns; rural municipalities; small counties | April 24, 2027 | Moderate |
Special district governments | Transit authorities; water/utility districts; port districts | April 24, 2027 | Moderate |
Population is measured based on the jurisdiction served, not website traffic or service usage.
Who must follow the ADA Title II website accessibility rule
The rule applies to state and local government entities, including:
- State agencies and departments
- Cities, counties, towns, and municipalities
- Public school districts, colleges, and universities
- Courts and judicial bodies
- Public hospitals and health authorities
- Transportation agencies and special districts
Coverage applies regardless of whether digital services are delivered directly by the public entity or through vendors and third-party platforms. If a website or application is provided by or on behalf of a public entity, it falls within the scope of Title II.
Accessibility standards required under the DOJ final rule
The DOJ’s final rule adopts WCAG 2.1 Level AA as the technical standard for evaluating digital accessibility, which addresses common barriers experienced by people with disabilities, including:
- Keyboard navigation and visible focus indicators
- Text alternatives for images and non-text content
- Color contrast and text readability
- Captions for prerecorded video content
- Clear labels, instructions, and error identification for forms
- Compatibility with screen readers and other assistive technologies
The standard applies to:
- Public-facing websites
- Internal web content used by government employees
- Mobile applications used to deliver public services
What digital content is in scope under ADA Title II
The rule applies broadly to digital content used to provide government services, including:
- Websites and subdomains
- Online service portals and dashboards
- Forms, applications, and payment systems
- PDFs, notices, reports, and public records
- Mobile applications used for public-facing services
Content is covered whether it is informational or transactional, and whether it is newly published or already in active use.
Limited exceptions
The final rule includes narrowly defined exceptions.
Archived content
Archived content may fall outside the rule if it is retained solely for recordkeeping purposes, is not actively used to deliver current services, and is clearly identified as archived.
Undue burden
A public entity may determine that making specific content accessible would impose an undue burden only if the action would involve significant difficulty or expense, the determination is made by a senior official, and the decision is documented. Even in those cases, the entity is still expected to provide an accessible alternative where feasible.
Content type | Covered under ADA Title II | Example |
|---|---|---|
Websites | Yes | City homepage |
PDFs and documents | Yes, when used for services | Permit applications |
Mobile applications | Yes | Transit service app |
Third-party tools | Yes, when provided by or on behalf of the entity | Online payment portal |
Archived content | Limited, with conditions | Archived meeting minutes |
Enforcement of ADA Title II digital accessibility requirements
ADA Title II enforcement mechanisms remain unchanged. Enforcement may occur through:
- Investigations and enforcement actions by the Department of Justice
- Private lawsuits brought by individuals
- Settlement agreements and consent decrees
Outcomes often include remediation of digital content, updates to policies and workflows, and staff training requirements.
Why the ADA Title II final rule matters for government teams
For state and local governments, the final rule affects how digital services are planned, funded, and managed across departments:
- Digital modernization and service delivery initiatives
- Procurement of software, platforms, and vendors
- Document publishing and content management workflows
- Coordination between IT, legal, communications, and program teams
By establishing a single federal benchmark, the rule reduces reliance on varying court interpretations and provides greater consistency across jurisdictions.
How the ADA Title II rule affects government websites in practice
For many state and local governments, websites are the primary way residents interact with public services. The DOJ’s ADA Title II final rule applies directly to these web-based touchpoints.
Below are practical examples that show how the rule affects common government website use cases:
Public university and college websites
A public university website provides access to admissions information, course catalogs, student portals, financial aid resources, and online learning tools.
Why this matters: These websites are central to how public universities deliver educational services. Under the rule, public-facing pages, student-facing portals, and web-based academic resources need to follow WCAG 2.1 Level AA so students, applicants, and staff using assistive technologies can access them.
Municipal information pages
A city website publishes council agendas, meeting minutes, and public notices as web pages or PDFs.
Why this matters: These pages are part of how the city communicates with residents. Under the rule, this content needs to follow WCAG 2.1 Level AA so residents using assistive technologies can read and navigate it.
Online forms hosted on the website
A government website offers online forms for permits, service requests, or public records submissions.
Why this matters: If form fields, labels, or error messages are not usable with a keyboard or screen reader, residents may not be able to complete required steps to access a service.
Embedded documents and PDFs
A department uploads PDFs such as applications, reports, or notices directly to its website.
Why this matters: PDFs published on government websites are considered part of the digital service. If they are not structured for assistive technologies, access to the information may be limited.
Website navigation and menus
A government website uses dropdown menus, expandable sections, or interactive navigation elements.
Why this matters: Navigation that cannot be accessed by keyboard or does not provide clear focus indicators can block residents from reaching important content.
Multimedia content on websites
A public entity posts videos on its website explaining services, programs, or emergency information.
Why this matters: Prerecorded video content typically requires captions so residents who are deaf or hard of hearing can access the information.
Third-party tools embedded on government websites
A website includes third-party widgets for payments, scheduling, maps, or service tracking.
Why this matters: Even when provided by vendors, these embedded tools are part of the government’s website experience and fall within the scope of the rule.
Preparing for the compliance deadlines
Government and municipal organizations often begin preparation by:
- Inventorying websites, portals, and mobile applications
- Identifying service-critical and high-use content
- Reviewing PDFs and legacy documents
- Evaluating third-party platforms used to deliver services
- Defining internal governance and review processes
Starting early allows remediation work to be phased and integrated into existing digital workflows.
How Clym can support government and municipal teams
Public sector organizations often manage multiple websites, service portals, and document repositories across departments and vendors. The challenge is maintaining visibility, consistency, and governance over time.
Clym provides tools that government and municipal teams can use to support their ADA Title II digital accessibility efforts, including:
- The Clym Scanner helps surface potential accessibility issues across public-facing pages and templates, supporting prioritization and remediation planning.
- Accessibility issue reporting provides a structured channel for residents to report digital barriers, helping document issues and track follow-up actions.
- Accessibility statement allows you to publish accessibility information, contact details, and update notices in a centralized location.
- The Governance Portal offers a dedicated space to publish accessibility-related policies, updates, and resources across domains and departments.
- The Control Center provides a centralized dashboard for managing tools, reviewing reports, and coordinating accessibility-related workflows.
These capabilities are typically used alongside internal remediation plans, procurement requirements, and legal guidance.
Key takeaways for state and local governments
The DOJ’s ADA Title II final rule provides long-awaited clarity on digital accessibility expectations for state and local governments. With defined standards and phased deadlines, public entities now have a clear framework for evaluating how digital services are delivered to people with disabilities.
For government teams, understanding the scope of the rule and preparing ahead of the implementation deadlines is becoming part of responsible digital service management.
FAQ: ADA Title II final rule and government websites
Yes. The rule applies to existing websites and digital content that are used to deliver government services, programs, or activities. It is not limited to newly launched websites or newly published pages.
Yes. If a website or web-based service is provided by or on behalf of a public entity, it falls within the scope of ADA Title II. Responsibility remains with the public entity even when vendors are involved.
Yes. PDFs, reports, notices, and other documents published on government websites are considered part of the digital service when residents rely on them to access information or complete tasks.
The rule adopts WCAG 2.1 Level AA as the technical standard for evaluating accessibility of government websites and mobile applications.
Limited exceptions exist for archived content that is retained solely for recordkeeping, is not actively used to provide current services, and is clearly identified as archived.
A public entity may document an undue burden only if accessibility would involve significant difficulty or expense. Even then, the entity is expected to provide an accessible alternative where feasible.
Because responsibility remains with the public entity, many government organizations review accessibility practices, documentation, and testing approaches during procurement of website platforms and digital services.
Alex is a Content Developer at Clym, where he researches and writes about everything related to data privacy and web accessibility compliance for businesses, helping them stay informed on their compliance needs and spreading awareness about making the web safer and more inclusive. When he’s not writing about compliance, Alex has his nose in a book or is hiking in the great outdoors.
Find out more about Alex