Public entities (or “state and local governments”) offer many services on their websites and mobile applications (or “apps”).  But these services are not always accessible to people with disabilities.

In April 2024, the Department of Justice (or “Department”) published a rule that sets technical requirements for state and local governments to follow to make sure that their websites and mobile apps are accessible to people with disabilities.  This resource can help state and local governments figure out what they should do to comply with the rule.

Who might find this resource helpful

Americans with Disabilities Act (or “ADA”) coordinators or people in similar positions who do accessibility or ADA compliance planning for a public entity.

How this resource can help you

This resource can help you plan what steps your state or local government might want to take to begin complying with the rule.  Public entities don’t have to comply with the rule until April 2026 or April 2027, depending on their size. But creating and maintaining accessible content takes planning.  This resource makes some suggestions to help state and local governments with that planning.

This resource:

• Includes suggested action steps that you might want to take to prepare to comply with the rule.  While complying with the rule is mandatory, the action steps in this document are not mandatory.

• Can help get you started. There will probably be many other steps that your public entity will want to take to ensure compliance with the rule.

• Links to helpful materials from the World Wide Web Consortium (or “W3C”), which is the organization that published the technical requirements that public entities will have to meet under the rule.  The technical requirements are called the Web Content Accessibility Guidelines Version 2.1 Level AA¹ (or “WCAG 2.1 Level AA”).  Although WCAG includes the word “guidelines,” complying with WCAG 2.1 Level AA is required under the rule.

Why compliance is important

• Complying with the rule will help your state or local government better serve all members of your community, including people with visual, auditory, physical, speech, cognitive, and neurological disabilities.

• Barriers to accessing services online affect people’s day-to-day lives. For example, when an online form is not designed accessibly, it can prevent someone with a disability from completing and submitting the form.  The W3C has resources illustrating how barriers to web accessibility affect people with disabilities.

• Web and mobile app inaccessibility can also make it harder for state and local governments to function.  For example, if a state government’s online tax form is inaccessible to people with disabilities, it can make it hard for the government to efficiently collect taxes.

• When state and local governments comply with the rule, people with disabilities will have much more reliable access to critical government services like registering to vote, attending public schools and universities, applying for government benefits, requesting that potholes be filled, watching public hearings, and many more.  State and local governments will also be able to function better.  The suggested action steps in this resource can help your public entity get there.

Action Step 1: Learn about the rule’s requirements

The Department has published materials to help you understand the requirements of the rule.

• If you want a basic introduction to the rule: Check out the Fact Sheet.

• If you work for or with a state or local government and want to better understand how the rule applies to you: Check out the Small Entity Compliance Guide.

• If you want a detailed explanation of all of the rule’s requirements: Check out the full rule, which includes an Appendix that explains in detail what the rule means.

• If you want to understand your public entity’s other obligations under the ADA: Continue to explore ada.gov, which has more information about public entities’ obligations to provide reasonable modifications, ensure effective communication with individuals with disabilities, and provide individuals with disabilities an equal opportunity to access their services.  The Topics and Resources pages may be especially helpful.

Action Step 2: Figure out when you need to fully comply with the rule

The deadline for complying with the rule generally depends on the population of your state or local government.  After the deadline, your state or local government needs to make sure that it continues complying moving forward.  Here are the compliance deadlines:

• State or local governments with a population of 50,000 or more persons:

  • Compliance deadline: April 24, 2026

• State or local governments with a population of 0 to 49,999 persons:

  • Compliance deadline: April 26, 2027

• Special district governments:²

  • Compliance deadline: April 26, 2027

Your public entity’s population is:

• Calculated in a specific way, as shown below, using data from the United States Census Bureau.

Your public entity’s population is NOT:

• Always the same as the number of people your public entity serves.

• Determined by the number of employees your public entity has.

How to calculate the population of your state or local government for purposes of figuring out your compliance deadline:

If, after reviewing the instructions below, you’re still not sure what your public entity’s population is, you can call the ADA Information Line.  See the “ADA Information Resources” section of this resource for more information about the ADA Information Line.

A. If your public entity has a population in the 2020 decennial Census, use that population.

Example: A county has a population of 1 million in the 2020 decennial Census.  The county’s population for purposes of the rule is 1 million.  The county needs to comply with the rule by April 2026.

B. If your public entity is an independent school district, use your school district’s population in the 2022 Small Area Income and Poverty Estimates.

Example: An independent school district has a population of 1,000 in the 2022 Small Area Income and Poverty Estimates.  The independent school district’s population for purposes of the rule is 1,000.  The independent school district needs to comply with the rule by April 2027.

C. If your public entity does not have a population calculated by the Census Bureau, use the Census population of the state or local government(s) of which your public entity is a part.

Some public entities don’t have populations of their own, but they are a part of a state or local government that does have a population calculated by the Census Bureau.

• You can find that population in the 2020 decennial Census.

• If your public entity is a part of an independent school district, you can check the school district’s population in the 2022 Small Area Income and Poverty Estimates.

Examples:

• A city police department is part of a city with a population of 25,000 in the 2020 decennial Census.  The city police department’s population for purposes of the rule is 25,000.  The city police department needs to comply with the rule by April 2027.

• A state university has 40,000 students but is part of a state that has a population of 6,000,000 in the 2020 decennial Census.  The state university’s population for purposes of the rule is 6,000,000.  The number of students that attend the university does not determine the university’s population for the rule.  The state university needs to comply with the rule by April 2026.

• A neighborhood branch of a county library serves 3,000 patrons but is part of a county that has a population of 70,000 in the 2020 decennial Census.  The county library’s population for purposes of the rule is 70,000.  The number of patrons that a local branch serves does not determine the library’s population for the rule.  The county library and all its branches need to comply with the rule by April 2026.

• A town parks and recreation department has 10 employees.  The parks and recreation department is part of a town that has a population of 80,000 in the 2020 decennial Census.  The town parks and recreation department’s population for purposes of the rule is 80,000.  The number of employees does not determine the parks and recreation department’s population for the rule.  The town parks and recreation department needs to comply with the rule by April 2026.

• A commuter authority is part of two different states, one of which has a population of 10,000,000 and one of which has a population of 8,000,000.  The commuter authority’s population for purposes of the rule is the combined population of the two states of which the commuter authority is a part, or 18,000,000.  The commuter authority needs to comply with the rule by April 2026.

D. If your public entity is a special district government, then your public entity has until April 2027 to comply.

Special district governments don’t have populations calculated by the Census Bureau.  These kinds of governments have until April 2027 to comply with the rule.

A special district government:

• Is a public entity—other than a county, municipality, township, or independent school district—allowed by state law to provide one function or a limited number of designated functions with enough independence to be a separate government.

• Might be, for example, a mosquito abatement district, utility district, transit authority, water and sewer board, zoning district, or other similar state or local government entity that has a specific function.

Action Step 3: Figure out who within your state or local government will have a role in complying with the rule

Once you know your state or local government’s deadline for complying with the rule, it is a good next step to figure out who within your government is going to have a role in making sure your government complies with the rule.  If you are an ADA coordinator, you are a good person to start thinking about that.  Different approaches will work for different state and local governments, but here are some things to consider:

• It’s helpful to think broadly about who should be involved: While web developers or information technology (“IT”) staff can play an important role in ensuring accessibility, they’re not the only ones who should be thinking about accessibility. For example, procurement staff play a key role in ensuring your state or local government buys or licenses accessible web content or mobile apps.

• It’s a good idea to set clear expectations for staff: By ensuring that all relevant staff are aware of the role they will play in complying with the rule, you can start creating a culture of accessibility in your state or local government.  It’s important to clearly identify who is responsible for what, so that there is no confusion.

• Think about what resources you will need: Your public entity should consider whether its current staff and volunteers have any expertise in web accessibility, or whether working with others with more expertise would be helpful.  Hearing from people with a diversity of experiences and perspectives—including, for example, people with disabilities who have experience with WCAG—can help your public entity in its accessibility work.

• Working with vendors doesn’t mean your public entity is off the hook:  If you decide to have an outside person or group handle some of your public entity’s accessibility work, it’s still a good idea to identify a person or people in your public entity who will oversee or coordinate that work.  Your public entity is still responsible for ensuring the accessibility of its web content and mobile apps, even if it outsources the accessibility work to somebody else. You can find more information about working with vendors in Action Step 10.

• Your public entity may need advice from others: You also may find that you need legal advice specific to your own particular situation.  You may want to make a plan for who you will consult if you need legal advice.

  • If you need help understanding what the rule means, you can also call the ADA Information Line for help.

• There are more resources to consult on this topic: The W3C has more information about assigning responsibilities, combining expertise, and working with users with disabilities.

Action Step 4: Train your staff

Training your staff is an important step toward ensuring that your public entity complies with the rule.  The Small Entity Compliance Guide and the W3C’s website include some suggestions about the types of trainings you might find helpful.  For example, the W3C’s website includes a collection of tutorials that you may find useful.

General training for all staff members:

• To start, it’s probably a good idea for all staff members to be trained on what accessibility means and why it is important.  The W3C has some useful resources that may help with this foundational training, including an Introduction to Web Accessibility page and a page on How People with Disabilities Use the Web.  

Other Specialized Training:

• Different staff members will require other additional trainings depending on their specific duties and responsibilities. Some examples of trainings might include:

  • Training for designers and marketing staff on accessibility and visual design.
  • Training for web developers and content testers on accessible coding solutions.
  • Training for non-technical content authors on writing accessible content.
  • Training for procurement staff about how your state or local government plans to make sure it buys web content and mobile apps that comply with the rule.

For public entities that want to develop their own trainings, the W3C has useful resources for doing so, including a page on Developing Web Accessibility Presentations and Training and a Curricula on Web Accessibility page.

Action Step 5: Identify what web content and mobile apps your public entity has

Figuring out exactly what web content and mobile apps your public entity currently provides or makes available will help you identify the content and apps that might need to comply with WCAG 2.1 under the rule.

Here are some questions that might help you get started:

• How many websites does my public entity have?
• How many web pages are within those websites?
• What types of content are on those web pages?  HTML content?  PDFs?  Word processor files?  Videos?  Images?
• Does my public entity post on social media?  Which social media platforms does it use?  What types of content does it post on social media?
• Are there other places on the web that my public entity posts?
• What mobile apps does my public entity use?  Are those apps created and operated in-house, or are they operated by third parties?
• Who posts on my public entity’s website?  Are there any places where members of the public can post?
• What third-party vendor content does my state or local government provide or make available?

Asking these questions can help you figure out where you need to focus your efforts going forward.

Action Step 6: Refresh your understanding of the rule’s exceptions

You’ve now identified what web content and mobile apps your public entity has.  Much of that content and those apps will probably need to meet the technical standard (WCAG 2.1).  But it is possible that an exception might apply to some of that content and those apps, meaning that they don’t need to comply with WCAG 2.1.

• You may want to spend some time learning about those exceptions, which you can do by reviewing the Fact Sheet,  the Small Entity Compliance Guide, or the full rule.

Below is a list of the five exceptions.  This list includes some basic reminders about the exceptions, but the list does not include all of the details about each exception.

1. Archived web content

   • Remember: The rule has a specific definition of “archived web content.”  Just putting content into an archive isn’t enough to make the content qualify for this exception.  And this exception only applies to content that existed before your public entity’s compliance deadline (see Action Step 2).  You can read the full definition of “archived web content” in the rule.

2. Preexisting conventional electronic documents (PDFs, word processor file formats, presentation file formats, and spreadsheet file formats)

   • Remember:

     • To qualify for this exception, your conventional electronic documents must be “preexisting,” meaning that they were posted before your public entity’s deadline for complying with the rule (see Action Step 2).  The exception does not apply to new content posted after the compliance deadline.

     • This exception does not apply to documents that are currently used to access the public entity’s services, programs, or activities.

3. Content posted by third parties

   • Remember: Your public entity can’t contract away its responsibilities under the ADA.  That means that your public entity can’t take advantage of this exception by having a third party do its web posting.  To qualify for this exception, the content has to be posted by a truly unaffiliated third party who is not posting for your public entity, such as a member of the public posting a message on a town’s open online message board.

4. Exception for individualized, password-protected conventional electronic documents (PDFs, word processor file formats, presentation file formats, and spreadsheet file formats)

   • Remember: To qualify for this exception, a document must be about a specific person, property, or account.

5. Exception for preexisting social media posts

   • Remember: To qualify for this exception, your social media posts have to be “preexisting,” meaning that they were posted before your public entity’s deadline for complying with the rule (see Action Step 2).  This exception does not apply to social media posts made after the compliance deadline.

Remember: Even if some of your web content or content in mobile apps is covered by an exception, your state or local government still has to meet its other existing obligations under the ADA.

• The ADA requires your public entity to provide individuals with disabilities with effective communication, reasonable modifications, and an equal opportunity to participate in or benefit from the entity’s services, programs, and activities.  This means that even when web content or content in mobile apps does not have to meet WCAG 2.1, in many circumstances your public entity would still need to provide the content to a person with a disability who needs it in a format that is accessible to them.

Action Step 7: Determine which of your web content and mobile apps need to comply with WCAG 2.1 under the rule

After refreshing your understanding of the exceptions, it may be helpful for you to spend some time figuring out which of your content has to comply with WCAG 2.1, and which of your content might fall within an exception.

Below are some examples of web content and mobile apps that a public entity might provide or make available.  As you will see, some of these types of content might need to meet WCAG 2.1 after the rule’s requirements go into effect, and some might qualify for an exception.  Of course, it depends on the facts and every situation is different, but these examples illustrate a range of situations you may encounter.

Example: Services offered via HTML web pages

A city website includes HTML web pages explaining how residents can pay utility and property tax bills, apply for licenses and permits, make public works requests, file police reports, pay for public parking, and reserve spaces in city facilities.

• How the rule might apply:

  • This content probably needs to comply with WCAG 2.1.  It is web content that the city is providing.  It is unlikely that any of the exceptions to the rule would apply.

Example: Old PDFs

A town’s website includes a large number of PDF documents, including minutes from past city council meetings, announcements of past city events, scans of old records from the 1970s, applications for current city programs, and documents listing current city ordinances.

• How the rule might apply:

  • Some of these PDFs probably need to comply with WCAG 2.1, while others may be covered by an exception.

  • The PDF minutes from past city council meetings, announcements of past city events, and scans of old records from the 1970s:

    • Would probably qualify for the exception for preexisting conventional electronic documents, so long as they were posted before the date the town has to comply with the rule and they are not currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.

    • Might also qualify for the archived web content exception if they were created before the date the town has to comply with the rule, are retained only for reference, research, or recordkeeping, are not updated after the date of archiving, and the town moves them into an area of the website that is clearly identified as an archive.

  • The applications for current city programs and documents listing current city ordinances:

    • Probably need to comply with WCAG 2.1 under the rule.  It is unlikely that any of the exceptions to the rule would apply to those PDFs.  

Example: Social Media Posts

A county tourism department in a county with a population of 600,000 posts on various social media platforms.

How the rule might apply:

• Social media posts that the department made before April 2026 (the compliance date for entities with populations of 50,000 or more) would be covered by the exception for preexisting social media posts. That means that those posts don’t have to comply with WCAG 2.1.  But the department’s social media posts after April 2026 probably do need to comply.

• The tourism department doesn’t have to make sure that the whole social media platform itself meets WCAG 2.1, just that its own social media posts do.

• If a member of the public comments on the tourism department’s social media posts, those comments are probably covered by the exception for content posted by third parties.

Example: Links to Third-Party Websites

A public university’s website includes links to third-party websites, including a link to a website where students can pay tuition and a list of links to private local hotels where people visiting the area might want to stay.

• How the rule might apply:

  • Whether the content that the university links to needs to meet WCAG 2.1 depends on the facts.

    • When the university links to a page on a third-party website where students can pay tuition to the university, the university is providing that web page through contractual, licensing, or other arrangements.  So, the university needs to make sure it picks a third-party tuition payment website that is accessible.

    • When the university links to a third-party website for a nearby private hotel, the university probably does not need to ensure the accessibility of the hotel’s website if the hotel website is not provided on behalf of the university due to a contractual, licensing, or other arrangement.

Example: Password-Protected Portals

A public hospital operates a password-protected portal where patients can log in to download test results, billing statements, and other materials.

• How the rule might apply:

  • The public hospital generally needs to make sure that its password-protected portal and any html content in it meets WCAG 2.1 Level AA.

  • But say the hospital uploads to the portal conventional electronic documents (PDFs, word processor files, presentation files, or spreadsheet files) that are about a specific person, property, or account. Those documents would fall within the exception for individualized, password-protected conventional electronic documents.  That means those documents do not have to meet WCAG 2.1.

    • Even if that exception applies, the hospital still has to meet its other existing ADA obligations, like ensuring that it effectively communicates with people with disabilities.  If a person with a disability needs access to the content in their document, the hospital generally needs to provide that content in a format that is accessible to that person.

      • For example, the hospital might have to provide a large-print version of a document to a person who has low vision.

  • Say the hospital posts a document in its portal that is for multiple people, like a PDF notice about a change in billing practices.  That document is not individualized and does not qualify for the individualized, password-protected documents exception.  That means it generally has to meet WCAG 2.1.

Example: Library Website

A county library’s website includes a wide variety of resources, such as an online catalog listing electronic books and articles that users can check out, information about how to request an interlibrary loan, and an archive containing a variety of historical materials related to the county, including photos from past county events.

• How the rule might apply:

  • Libraries are treated the same as other public entities under the rule.  The county library generally needs to make sure that the content on its website meets WCAG 2.1 Level AA.

  • The online catalog listing electronic books and articles that users can check out and information about how to request an interlibrary loan would generally need to meet WCAG 2.1.

  • However, the archived web content exception might apply to some of the content in the library’s archive.

    • If the library’s dedicated and clearly labeled archive includes old photos from county events that occurred before the date the library was required to comply with the rule, that are retained exclusively for reference, research, or recordkeeping, and that have not been altered or updated since they were archived, those photos would qualify for this exception. But new photos documenting events after the library was required to comply with the rule do not qualify for the exception even if they are added to the archive.

    • Even if certain content in the library’s archive might qualify for the archived web content exception, the library still has to make sure that users with disabilities can search through the archive and determine what materials are in the archive.  And if a person with a disability requests access to content that falls within the exception, in many circumstances the library would need to provide that content to the person in a format that is accessible to them.

Example: Course Content

A public school provides course content for students using a password-protected learning management system (LMS).

• How the rule might apply:

  • There is no exception for educational course content.  If a public school uses an educational portal or LMS, the school generally needs to make sure that its portal or LMS, and all of the course content added to the portal or LMS, meets WCAG 2.1 Level AA.

  • If a teacher posts a link to required reading for their class, then that link and reading also must generally meet WCAG 2.1.

  • The exception for preexisting conventional electronic documents does not apply to the content posted by the teacher because that exception does not apply to documents that are currently used to apply for, gain access to, or participate in a public entity’s services, programs, or activities.  The public school’s course content is used to participate in a school course, so it does not qualify for that exception.

Example: Mobile App

A township uses a third-party mobile app that allows users to pay for public parking in the township.

• How the rule might apply:

  • The township generally must choose a mobile app that meets WCAG 2.1 Level AA.  Even though the township did not design or create the app and does not own the app, the township is providing the app to its constituents through a contractual, licensing, or other arrangement.

  • It is unlikely that an exception would apply to this app, so the township is likely responsible for picking a mobile app that is accessible.

Action Step 8: Determine what accessibility fixes are needed

Once you’ve figured out what content you have, and which of that content needs to comply with WCAG 2.1 under the rule, a good next step is to evaluate how accessible that content is and what fixes are needed.  Figuring out how accessible your content is can help you decide what steps you need to take next to make your content fully accessible.

The W3C has a lot of resources that can help you with this.  For example:

• The W3C has a page explaining some easy first checks that you might want to perform on your website.  These preliminary checks can help you get started and figure out how you might want to approach a more comprehensive review.

• While the Department does not endorse particular evaluation tools, the W3C also has suggestions for how to select web accessibility evaluation tools that may be a helpful starting point.

• If your public entity’s content already complies with an earlier version of WCAG, like WCAG 2.0 Level AA, the W3C has a page explaining the requirements that are new in WCAG 2.1.

Remember:

• Testing the accessibility of web content and mobile apps can take time and planning, so it’s best not to leave this step until the last minute.

• You won’t be able to use automated testing tools alone, because those tools can’t test for all aspects of accessibility, so you’ll want to use some combination of automated and manual assessments.

• It may be helpful to include plans for testing in your public entity’s accessibility policies, which are discussed further in Action Step 8.

Action Step 9: Prioritize which content to fix first

Once you’ve assessed how accessible your public entity’s web and mobile app content currently is, it’s a good idea to come up with a plan for how you’re going to fix any accessibility issues with that content by the time the compliance deadline arrives.

As you work up to full compliance, you may not be able to tackle all the issues for every type of your public entity’s content at once.  You might want to think about prioritizing some content to fix right away, while leaving other content to address later.

• For example, in prioritizing content, you may want to consider factors like whether the content:

  • Enables people to perform key tasks, like registering for programs; searching for things; submitting forms, requests, or reservations; paying bills; or making purchases.

  • Is frequently accessed or is important for accessing essential government programs.

  • Has been flagged as inaccessible by individuals with disabilities.

  • Is newly in development, so that you can avoid creating new barriers.

  • Appears across multiple web pages, like navigation menus, search features, and standardized footers.

  • Is based on a template, so that you can make sure you are using an accessible template.

You can find more suggestions at the W3C’s page on prioritizing issues and page on interim repairs.

Action Step 10: Identify any relevant contracts with vendors and figure out if they can produce accessible content for you, or if you need to make any changes

Your public entity needs to make sure that any content or mobile apps a vendor or contractor provides or posts on its behalf complies with WCAG 2.1 Level AA.

It’s a good idea to review your existing contracts with vendors or contractors to determine whether any changes need to be made to ensure that the content they provide or post for your state or local government is accessible.  You also might need to work with your vendors or contractors to help ensure they understand the requirements of the rule.  You might decide that you can proceed with your existing contract, or you might decide that you need to find another vendor or contractor that is better equipped to produce accessible content.

In public comments submitted during the rulemaking process, the Department heard from some public entities who have successfully negotiated contracts with vendors to produce accessible content.

Examples of practices some public entities found helpful included:

• Requiring vendors to provide detailed information about the level of accessibility of their product before signing any contracts.
• Asking vendors to include a warranty in their contracts stating that they comply with certain technical standards and applicable Federal and state accessibility laws.
• Including language in their contracts prohibiting vendors from disclaiming any accessibility warranties.
• Requiring vendors to provide indemnification for any breach of any accessibility warranties.
• Testing the accessibility of vendor products and publishing that information to help other entities identify accessible products.

Different approaches will work for different entities, and the Department does not recommend or endorse any particular approaches.  But the approaches described above may be useful if your public entity is thinking about negotiating a contract with a vendor or contractor to provide or post accessible content for your public entity.

Action Step 11: Create policies

You can help set your state or local government up for success by creating policies on web and mobile app accessibility. These policies may be similar to, or part of, the other ADA nondiscrimination policies you may have adopted.  The Small Entity Compliance Guide includes some suggestions for topics that you might want to include in your policies.  The W3C also has some resources on how to create accessibility policies, including its page on Developing Organizational Policies on Web Accessibility.

ADA Information Line

If you have questions about the rule or the ADA, you can call the ADA Information Line.  Accessibility specialists are available to answer your questions.  All calls are confidential.

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The contents of this resource do not have the force and effect of law and are not meant to bind the public in any way. This resource is intended only to provide clarity to the public regarding existing requirements under the law or the Department’s policies.

January 08, 2025