Government Website Accessibility Requirements
ADA Title II, WCAG 2.1 AA, and Current Compliance Deadlines
When those websites or mobile apps are not accessible, people with disabilities may be unable to use the same services available to everyone else.
Title II of the Americans with Disabilities Act requires state and local governments to make their services, programs, and activities accessible to people with disabilities. That includes digital services — websites, mobile apps, online forms, and documents like PDFs.
In April 2024, the Department of Justice published a final rule specifying WCAG 2.1 Level AA as the technical standard for government web accessibility. This isn't a new obligation — Title II has required equal access to government services since 1990. The 2024 rule clarified how that obligation applies to digital content and set specific compliance deadlines.
Who Must Follow the Title II Rule?
The Americans with Disabilities Act applies to state and local governments and their departments, agencies, and programs. Covered organizations include cities, counties, public schools and universities, courts, libraries, public hospitals, transit agencies, parks departments, elections offices, and special district governments.
The requirements can also apply when a government uses an outside company to provide web content or digital services. Hiring a web developer, software company, payment provider, or mobile-app vendor does not transfer the government’s responsibility under Title II.
Current Title II Compliance Deadlines
The Department of Justice extended the original compliance dates by one year in April 2026. The current deadlines are:
| Government entity | Compliance date |
|---|---|
| Total population of 50,000 or more | April 26, 2027 |
| Total population below 50,000 | April 26, 2028 |
| Special district governments | April 26, 2028 |
These deadlines apply to the WCAG 2.1 AA requirement specifically. The underlying obligation to provide accessible services already exists — people can file ADA complaints and lawsuits over inaccessible government websites right now, regardless of whether the WCAG deadline has passed.
What's covered
The rule applies broadly. If your government entity provides or makes available digital content — directly or through vendors, contractors, or licensing arrangements — it must meet WCAG 2.1 Level AA. This includes:
- Official government websites and all their pages
- Mobile applications
- Online forms and portals (permit applications, utility billing, court filings)
- Documents posted online (PDFs, Word documents, spreadsheets)
- Social media posts made after your compliance date
- Third-party tools and services embedded in or linked from your site
If a local web design company builds and maintains your county's website, the county is still responsible for its accessibility. The rule covers content you make available, not just content you personally created.
Exceptions
The rule includes a limited set of narrow exceptions:
Archived content that predates your compliance deadline, is kept only for reference or recordkeeping, sits in a clearly designated archive, and hasn't been altered. Current or actively used content does not qualify even if it's old.
Pre-existing social media posts made before your compliance date. New posts after that date must conform.
Third-party content posted by members of the public (such as comments on social media) where the posting is not the result of a contractual or licensing arrangement.
Password-protected individualized documents generated for a specific person.
Undue burden or fundamental alteration — if making specific content accessible would result in a significant burden or fundamentally change the nature of the service, a high-level official must issue a written determination explaining why, and the entity must still provide access through alternative means.
These exceptions are construed narrowly. Relying on them without careful documentation is risky.
Consequences of non-compliance
DOJ enforcement. The Department of Justice can investigate complaints and pursue enforcement actions. Civil penalties can exceed $100,000 per violation. The DOJ stated in its 2026 interim final rule that it "fully anticipates implementing the regulation" at the new deadlines.
Federal lawsuits. Individuals can file ADA lawsuits in federal court without waiting for a DOJ investigation or complaint process. In 2025, plaintiffs filed over 8,600 ADA accessibility lawsuits — before any WCAG compliance deadline had even arrived.
Compensatory damages. Unlike Title III (which covers private businesses), Title II allows compensatory damages. A government entity with inaccessible digital services isn't just facing a fix-it order — it's exposed to monetary damages, attorney's fees, and injunctive relief.
Loss of public trust. Beyond legal consequences, inaccessible government websites prevent constituents from accessing services they're entitled to — paying bills, applying for permits, accessing public records, contacting officials. That's a failure of public service.
Start With a Practical Accessibility Review
If your government entity hasn't begun preparing, the extended deadlines provide an opportunity — not permission to wait. A practical starting point:
Assign responsibility. Designate someone — an ADA coordinator or existing staff member — with authority to work across departments on accessibility.
Inventory your digital presence. Catalog every website, app, portal, and document repository. Include third-party tools and vendor-provided platforms.
Audit for WCAG 2.1 AA. Automated scanning tools catch roughly 30–40% of accessibility issues. The rest requires manual testing with keyboards, screen readers, and human judgment. Both are necessary.
Prioritize and remediate. Fix the biggest barriers first — pages that block access entirely, high-traffic services, and content people rely on daily.
Update procurement. Require WCAG 2.1 AA conformance in contracts with web developers, SaaS vendors, and content providers. If a vendor's product isn't accessible, your entity is still responsible.
How we can help
We provide accessibility audits and remediation for government websites, combining automated scanning with manual expert testing against WCAG 2.1 Level AA. We won't just hand you a report and leave you to find someone else to decipher it and make any necessary changes. We'll identify the barriers, prioritize what to fix first, and do the remediation work ourselves.
Learn about our ADA audit & remediation services →
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