Understanding New Web Accessibility Requirements for State and Local Governments
Published on by Kelsey Oliver, Jennifer McVey, in Technology
- New DOJ accessibility requirements establish WCAG 2.1, Level AA as the standard for state and local government websites and mobile apps, with compliance deadlines beginning in 2027.
- The requirements apply broadly to state and local governments and the digital resources used to provide public programs and services, including certain services provided through contractors and outside technology providers.
- The rule includes limited exceptions for certain archived content, preexisting documents, third-party content, individualized documents, and older social media posts, but those exceptions depend on how the content is used.
- Organizations can begin preparing by reviewing their websites, documents, mobile apps, and third-party digital tools, identifying potential accessibility gaps, and developing a plan to address them before the applicable deadline.
Websites and mobile apps have become an important way for state and local governments to provide information and services to the public. New accessibility requirements from the U.S. Department of Justice (DOJ) establish a clearer standard for making sure those digital resources are accessible to people with disabilities.
The DOJ’s final rule under Title II of the Americans with Disabilities Act (ADA) requires state and local governments to make their web content and mobile apps accessible under the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. The rule was originally published in 2024, and the DOJ extended the compliance deadlines through an Interim Final Rule published in April 2026. The 2026 extension changed only the compliance dates; the requirement to meet WCAG 2.1 Level AA remains unchanged.
With the first deadline approaching in 2027, understanding what the rule covers can help organizations start preparing now.
Who is required to comply
Title II applies to all state and local governments, including their agencies and departments. This encompasses public schools and universities, courts, public hospitals and healthcare clinics, libraries, parks and recreation programs, transit agencies, elections offices, police departments and government offices providing benefits or social services. State and local governments that partner with nonprofit organizations to administer public programs and services must ensure those organizations comply with Title II accessibility standards as well.
The requirements can also extend beyond content created internally. When a government contracts with another organization to provide public services on its behalf, it must make sure the contractor follows applicable Title II requirements.
What WCAG 2.1, Level AA means
WCAG is a set of technical standards designed to make digital content more accessible to people with disabilities. Under the new rule, state and local government web content and mobile apps generally need to meet WCAG 2.1, Level AA.
Web content is defined broadly and includes text, images, videos, sound and documents. In practice, accessibility can involve considerations such as providing alternative text for images, captions for videos and sufficient color contrast, along with making digital content usable with assistive technology.
The rule also applies when governments use outside providers. For example, a privately operated mobile app used to pay for public parking would generally still need to meet the accessibility standard if the city makes the app available as part of its services.
The exceptions
The rule provides limited exceptions for certain types of content, including:
- Archived web content that meets specific requirements
- Certain preexisting PDFs, Word documents, presentations, and spreadsheets
- Certain content posted by third parties
- Certain individualized, password-protected documents
- Social media posts published before the applicable compliance date
The details matter. For example, an older PDF isn’t automatically exempt simply because it was posted before the compliance deadline. If a document is still being used to apply for, access or participate in a government program or service, the exception for preexisting documents generally doesn’t apply.
The third-party exception is similarly limited. Content posted by members of the public may qualify, but tools such as calendars, scheduling systems, maps, reservation systems and payment systems provided through outside technology companies generally aren’t exempt when they’re made available by the government. Content posted by a government contractor or website vendor generally isn’t exempt either.
Even when an exception applies, governments still have existing ADA responsibilities to provide effective communication, reasonable modifications and equal opportunities for people with disabilities to access their programs and services.
The compliance deadlines
The compliance deadline depends on the population served by the state or local government:
- 50,000 or more people: April 26, 2027
- Fewer than 50,000 people: April 26, 2028
- Special district governments: April 26, 2028
After the applicable deadline, governments must continue to make sure their web content and mobile apps meet WCAG 2.1, Level AA.
Preparing for the requirements
The deadlines provide time to prepare, but organizations with extensive websites, document libraries, mobile apps or third-party digital tools may have a significant amount of content to review.
A good starting point is taking inventory of current digital content and identifying the tools, documents and systems used to provide public programs and services. Organizations can then assess where accessibility gaps may exist, review arrangements with third-party vendors and develop a plan for addressing content before the applicable deadline.
For additional details and examples, the DOJ provides a comprehensive fact sheet on the new web and mobile accessibility requirements.
We’re here to help
Preparing for the new requirements may raise questions about what applies to an organization and where to begin. Our IT Controls team works closely with governmental organizations and non-profits to help them navigate changing rules and understand how new regulations may affect their operations.
If your organization has questions about the new web and mobile accessibility requirements or how to prepare for the upcoming deadlines, we’re here to help. Contact us today for a free consultation.
