Takeaways
- The DOJ issued final ADA Title II web accessibility rules requiring state and local governments’ websites and mobile apps to meet WCAG standards, with compliance deadlines now extended to April 2027 or 2028, depending on population size.
- The rules apply broadly to online services, programs and content provided directly by public entities or through third-party arrangements.
- Limited, narrowly defined exceptions exist, but most active web content must be accessible.
Related link
Article
On April 20, 2026, the Department of Justice (DOJ) published an Interim Final Rule (IFR) extending state and local governments’ compliance deadlines for its 2024 web accessibility rule under Title II of the Americans with Disabilities Act (ADA) from April 22, 2026, to April 26 of 2027 or 2028.
The DOJ issued final regulations under Title II on April 24, 2024, covering state and local governments and their instrumentalities (such as public secondary schools and universities) requiring that virtually all web content and mobile applications (or apps) be accessible to people with disabilities. The 2024 regulations were set to go into effect beginning on April 24, 2026.
It remains to be seen whether the Department of Health and Human Services (HHS) will similarly extend its May 2026 compliance date for recipients of federal funding through HHS. Under HHS’s 2024 rule, all healthcare organizations receiving funding through HHS must comply with specific standards for websites and digital communications (including mobile apps) by May 11, 2026, to ensure that web content is accessible to disabled individuals.
DOJ’s Interim Final Rule
Under the IFR, for state and local government entities with a total population of at least 50,000, the compliance date is extended to April 26, 2027. The compliance date for public entities with a total population of less than 50,000, or any special district government, is extended to April 26, 2028. The DOJ’s final regulations have specific requirements for ensuring web content and mobile apps are accessible to people with disabilities.
Title II of the ADA requires state and local governments to ensure their services, programs, and activities are accessible to people with disabilities. Title II applies to all services, programs, or activities of state and local governments, from adoption services to zoning regulation to public education. This includes the services, programs, and activities state and local governments offer online and through mobile apps.
The IFR sets specific technical standards, known as the Web Content Accessibility Guidelines (WCAG), that state and local governments must follow to meet their obligations under Title II for web and mobile app accessibility. The regulations apply to web content that a state or local government provides or makes available, including when a state or local government has an arrangement with another organization (such as a private web developer who provides or makes available web content for them). For example, if a county’s web page lists the addresses and hours of operation for all county parks, that web page must meet WCAG accessibility criteria even if a local web design company made the web page and updates it for the county.
Exceptions
Limited exceptions in the DOJ regulations cover:
- Archived web content;
- Pre-existing conventional electronic documents (such as pdf documents);
- Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a public entity;
- Individualized documents that are password protected; and
- Pre-existing social media posts.
These exceptions, however, are narrowly limited and apply to web content that is not currently used, outdated, not needed, or repeated somewhere else that is accessible.
