New ADA Title II Rule on Web Accessibility: Fact Sheet Guide

Updated March 10, 2025 by Kris Rivenburgh

We’re a few months in to 2025 and many public entities are just getting started with the new ADA Title II Web Rule. If this is you – we’re here to help you move towards ADA Title II compliance ASAP.

We’ve got three things that will really help right away:

• This mini-monster ADA Title II Guide
• Our new YouTube web series for getting started (3 paragraphs down)
• Our services (we’re already working with states and counties – and even speaking at a big conference)

Anyway, for the next 15 minutes, let us charm you with our mini training on exactly what the ADA Title II Web Rule does and does not require. Don’t worry, we’ll get right to the point on all of the FAQ.

The Department of Justice has officially published a new rule for web content and mobile app accessibility in the Federal Register. This new rule updates regulation under Title II of the Americans with Disabilities Act (ADA).

Title II applies to state and local governments and their instrumentalities (e.g., public entities like hospitals, parks, police departments, etc.). In this comprehensive guide, we will provide all of the essential information for public entities to become compliant with the new ADA Title II Web Rule.

We will also simplify and summarize the DOJ’s ADA Title II Web Accessibility Fact Sheet and explain what the most important sections mean in easy to understand terms.

Update: Kris Rivenburgh has published a new 2025 YouTube ADA Title II Web series on how to get started working towards ADA Title II Web Rule compliance.

What Is Required Under New ADA Title II Web Rule?

To remain compliant with Title II of the Americans with Disabilities Act, state and local governments must make their websites, web content, mobile apps, and documents WCAG 2.1 AA conformant.

The new rule formally incorporates WCAG 2.1 AA as the technical standard for digital accessibility for state and local governments.

What is Web Content Under Title II?

ADA Title II web content consists of all content that can be accessed by a web browser including websites, webpages, video, audio, web applications, social media, documents, and other content.

What is WCAG 2.1 AA?

WCAG is the acronym for the Web Content Accessibility Guidelines. These are technical standards that set out best practices for web accessibility. WCAG 2.1 is a recent version of these technical standards published in 2018. AA is a conformance level is comprised of success criteria or requirements for a very good level of accessibility.

WCAG 2.1 builds on top of WCAG 2.0, adding 12 additional success criteria for conformance level AA. Since WCAG 2.0 AA has 38 success criteria, the total success criteria in WCAG 2.1 AA is 50.

In a nutshell, WCAG 2.1 AA contains 50 things to do or account for for conformance.

Learn more about the new ADA Title II WCAG 2.1 AA requirement.

The Accessible.org WCAG 2.1 AA checklist is a great place to start learning about the Web Content Accessibility Guidelines.

Who is Required to Comply with the New Rule for Title II?

Who must be compliant with ADA Title II? The new rule for web content and mobile app accessibility applies to all state and local governments and all departments, agencies, special purpose districts, and other instrumentalities of state or local government (“public entities”). Title II also applies to Amtrak and other commuter authorities.

Notably, if state and local governments that contract with other entities to provide public services, those private contractors must also be compliant.

Examples of public and private entities required to comply with Title II of the ADA are listed below.

Examples of Public Entities

Title II of the ADA prohibits discrimination on the basis of disability for all state and local governments . Below are examples of the various public entities that are covered by Title II of the Americans with Disabilities Act.

• State and Local Government Offices Providing Benefits and Social Services:
  • Department of Social Services (offering SNAP, welfare programs)
  • State Health Insurance Marketplace websites
  • Employment Services Offices (including state job boards and unemployment benefits portals)
• Educational Institutions:
  • Public elementary and secondary schools (school district websites, online parent portals)
  • Community colleges (online registration, course management systems)
  • Public universities (digital libraries, student services websites)
• Law Enforcement:
  • Local police department websites (crime reporting, community alerts)
  • State Highway Patrol websites (accident reports, safety information)
• Emergency Services:
  • Fire Departments: (safety information, emergency guides)
  • EMS or Emergency Medical Services (emergency tips, location services)
• Judicial Systems:
  • Municipal court websites (case information, online payment for fines)
  • State Supreme Court websites (public case records, legal resources)
• Elections Offices:
  • County elections websites (voter registration, polling place locators)
  • State Board of Elections websites (election results, candidate information)
• Healthcare Facilities:
  • Public hospitals (patient portals, appointment systems)
  • Public health clinics (health resources, clinic services information)
• Parks and Recreation Programs:
  • City Parks and Recreation Department websites (program registration, event calendars)
  • State Park websites (campsite booking, park rules and information)
• Public Libraries:
  • City library websites (online catalogues, reservation systems)
  • County library systems (digital archives, e-book collections)
• Public Transit Agencies:
  • City bus service websites (route information, service alerts)
  • Regional transit authorities (online ticketing, real-time transit tracking)

Private Contractors

Private entities contracted with public entities are also obligated to comply with Title II of the ADA. Here are examples of how a private entity could be required to comply with Title II.

• Transportation Services: If a private company is contracted by a city to operate public bus services, that company must ensure that it’s website, mobile app, social media updates and posts, bus schedule documents, etc. are WCAG 2.1 AA conformant.
• Retail Services: If a convenience store sells lottery tickets for the state, then the store serves a specific public function in distributing state lottery tickets, which is regulated and often contributes to state funds. Thus, the store needs to make sure its web content is accessible.
• Educational Services: When a government agency contracts with a private educational service provider to offer virtual classes or after school programs for public schools, the provider must ensure that its online learning platform and materials are accessible to all students, including those with disabilities.
• Social Services: If a city sources its drug treatment and rehabilitation program to a non-profit organization, the non-profit must make its documents, online pamphlets, and social media content accessible.
• Healthcare Services: If a private hospital operates facilities owned by a public entity, such as a county hospital, it must provide accessible healthcare services and accommodations. This includes making sure remote doctor’s visits and relevant health information are available online in an accessible format that is WCAG 2.1 AA conformant.

What are Special District Governments?

Special district governments are specifically covered by the new ADA Title II web accessibility rule, but what exactly are special district governments?

Per the Census.gov post, Are There Special Districts in Your Hometown:

Special districts are independent government units created for a limited, specific purpose and, every year, new districts are created and existing ones dissolve.

Local governments are classified into five types: county, municipal, township, special districts and school districts. County, municipal and township governments are general-purpose governments. Then there are special districts.

Census.gov

The three keys to remember about special districts are:

1. they are independent government units
2. created for a specific purpose, and
3. exist separately from local governments such as county, municipal, or township governments.

Special districts are created to perform specific functions that are not being adequately addressed by existing general-purpose governments. Here are five defining characteristics of special district governments:

1. Purpose-Specific: Each special district is established to provide a specific service or set of services within a defined geographic area. For example, special districts may provide water supply, sewage treatment, fire protection, and park services.
2. Governance: Special districts usually have their own governing body, which may be elected by voters within the district or appointed by higher levels of government.
3. Funding: Special districts often have the authority to raise revenue through taxes, fees, or assessments specifically for the district’s purposes. For example, a water district might charge fees based on water usage, while a park district might charge a tax for the maintenance and operation of parks.
4. Independence and Governance: While they operate independently of other local governments, special districts must still abide by state laws and may be subject to regulation by state agencies.
5. Services Infrastructure: The functions of special districts can vary widely, but they typically focus on services that require significant infrastructure, such as transit authorities and hospital districts.

What are the Exceptions Under the New Rule?

There are limited exceptions for web content under the new ADA Title II web accessibility rule. If an exception applies, that content does not need to be WCAG 2.1 AA conformant. The exceptions are:

1. archived web content
2. preexisting electronic documents
3. content posted by an independent third-party
4. individualized documents that are password-protected
5. preexisting social media posts

Below are the details and points necessary to qualify for each exception.

Archived Web Content

When creating the new rule for web accessibility, the Department of Justice (DOJ) recognized that state and local government websites often have web content that is outdated, unused, unnecessary, or available elsewhere. Thus, if archived content is present, it can potentially be excepted under the following conditions.

Web content that meets all four of the following points qualifies as an exception:

1. The content was created before the deadline for compliance, or reproduces paper documents or the contents of other physical media (audiotapes, CDs, etc.) that were created before the date of compliance, and
2. The content is only for reference, research, or recordkeeping purposes, and
3. The content is held in a section specifically for archived content, and
4. The content has not been updated or changed since being archived.

Preexisting Traditional Electronic Documents

The DOJ also specifically recognized the difficulty in remediating old documents such as PDFs. Thus, documents can qualify for an exception for WCAG 2.1 AA conformance under the following conditions:

• The documents are word processing (e.g., Word or Google Docs), presentation (e.g., PowerPoint or Google Slides), PDF, or spreadsheet (e.g., Excel or Google Sheets) files; and
• The documents were available on the state or local government’s website or mobile app before the date of compliance.

Content Posted by Non-Affiliated Third Party

Sometimes third parties such as members of the public are able to post content on a state or local government website. Because public entities may not be able to control what is posted, they are not responsible for independently posted content such as a comment on a Facebook post.

Individual Password-Protected Documents

Beyond old documents, the DOJ also provided an exception for individual password-protected documents such as an old water bill under the following conditions:

• The documents are word documents, PDFs, presentations, or spreadsheet files, and
• The documents are about a specific person, property, or account, and
• The documents are password-protected.

Preexisting Social Media Posts

The fifth and last exception under the new rule social media posts made by public entities before the compliance date.

What are Conforming Alternate Versions under the New Rule?

The use of conforming alternate versions is inadvisable, but there are instances where an alternative content will be allowed. When an entity posts a separate accessible version of a pre-existing web page or other content rather than making the original version WCAG conformant, this is a separate version.

Under the rule, state and local governments may use conforming alternate versions as an alternative to inaccessible content only in very limited circumstances where there is a technical or legal limitation that prevents inaccessible web content or mobile apps from being made accessible.

When are the Compliance Deadlines for ADA Title II Web Accessibility?

The Department of Justice divided compliance deadlines into two years and three years based on population. The exact dates are set as:

• For public entities of a population of 50,000 or less: April 26, 2027
• For special district governments: April 26, 2027
• For public entities of a population of 50,000 or more persons: April 24, 2026

What Services are Needed for Title II Web Accessibility Compliance?

Although many public entities are sold on the idea that they need automated “solutions,” what they mostly need are good ol’ fashion services:

• audit: a formal, manual evaluation where a technical expert finds accessibility issues
• remediation: a manual process where a technical expert fixes issues
• training: your team needs to learn how to make web content accessible

P.S. Accessible.org can help with these and we’re opening up an 8:00 – 5:00 Accessibility Help Desk for on-demand help with accessibility and ADA Title II compliance questions.

How Can You Make Mobile Apps WCAG 2.1 AA Conformant?

The Web Content Accessibility Guidelines are technical standards for web accessibility and thus do not apply evenly to non web assets such as native mobile apps and documents. Think of WCAG standards as made for everything that can be accessed by a web browser.

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