ADA Title II Web Accessibility Compliance for Public Entities
On April 24, 2024, the Department of Justice (DOJ) introduced a rule under Title II of the Americans with Disabilities Act (ADA), setting new standards for web and mobile app accessibility. In this guide, we’ll cover the essential information state and local governments need to know to meet the updated compliance requirements.
As Assistant Attorney General of the Civil Rights Division, Kristin Clarke, said, “This rule is truly historic and long overdue as it will help break down barriers that have kept people with disabilities from fully participating in American life.”
Understanding the New Rule
Purpose and Scope
The new ADA Title II website accessibility rule mandates that state and local government websites, web content, and mobile apps must be accessible to people with disabilities. The rule is designed to eliminate barriers in accessing digital services, programs, and activities provided by these public entities. This includes services and activities like paying bills online, accessing public records, and participating in town public meetings.
As one example of accessibility, a public entity might post an image on its website that provides information. If the image is not coded to provide alternative text that describes the image, individuals who are blind will not have access to the information because a screen reader will be unable to “read” the image.
Key Points
The rule applies to all online services, programs, and activities provided by state and local governments. This means everything from informational pages to mobile apps to documents must meet the WCAG 2.1 AA technical standard.
Who Must Be Compliant with Title II?
Title II of the ADA specifically covers public entities, which includes state and local governments and any of their departments, agencies, or other instrumentalities. This section of the ADA mandates that public entities provide equal access to their programs, services, and activities.
Below is a non-exhaustive list of entities that gives you an idea of who is covered under Title II.
State Governments
- Departments of Health, Education, Transportation
- State-run universities and colleges
- State judicial systems and correctional facilities
Local Governments
- City or town councils
- County or municipal offices
- Local public libraries
Public Transportation
- Public bus systems
- Publicly funded rail services
- Local subway and light rail systems
Public Schools
- Elementary and secondary schools operated by public school districts
- Public charter schools
Law Enforcement and Emergency Services
- Police and sheriff departments
- Fire departments and emergency medical services
Public Housing Agencies
- Local housing authorities managing public housing
Recreational Facilities
- Public parks and recreation centers
- Municipal swimming pools
Public Healthcare Facilities
- State and local public health departments
- Publicly funded hospitals and clinics
Note that special district governments and private contractors who provide services, programs, facilities, etc. for public entities are also covered by the new web rule.
For example, if a city lets people pay for public parking using a mobile app, that mobile app must meet WCAG 2.1, Level AA even if the app is run by a private company.
What is WCAG 2.1 AA?
The Web Content Accessibility Guidelines are guidelines developed by the World Wide Web Consortium (W3C) to make web content more accessible. These guidelines address various aspects of web design and development, ensuring that content is perceivable, operable, understandable, and robust. This means creating content that can be easily interpreted by assistive technologies, navigated by all users, and understood regardless of user abilities.
Version 2.1 is a recent version of WCAG and conformance level AA of version 2.1 contains 50 success criteria or requirements.
It’s important to note that WCAG is a standard for web content so not all technical requirements will carry over to non-web assets such as documents and mobile apps. However, the principles in WCAG still carry forward to non-web assets.
When is the Deadline for Compliance?
The DOJ has given public entities 2 or 3 years for compliance based on the size of the entity:
- Entities with 50 or more employees: Must comply by January 1, 2025. Larger entities are expected to have more resources to implement changes quickly.
- Entities with fewer than 50 employees: Must comply by January 1, 2026. Smaller entities are given more time to adjust to the new requirements.
Content Exceptions
Before starting on any project, it’s essential to be aware of content exceptions. The DOJ has carved out five very important exceptions were content does not have to be WCAG conformant. Here is a quick list of the exceptions along with examples from the new rule fact sheet:
- Archived Web Content: Content archived before the rule’s effective date is exempt. This means historical documents and web pages do not need to be retrofitted for compliance.
- Example: A water quality report from 1998 stored in an archive section of a website.
- Preexisting Conventional Electronic Documents: Documents published before the effective date are not required to be retrofitted. This includes PDFs and other electronic documents.
- Example: A PDF flyer for a Thanksgiving Day parade posted on a town’s website in 2018.
- Third-Party Content: Content posted by third parties on your website is exempt. This applies to user-generated content, such as comments and posts.
- Example: A message posted by a member of the public on a town’s online message board.
- Individualized Password-Protected Documents: Documents that are password-protected and personalized are exempt. Examples include secure online forms and reports tailored to specific users.
- Example: A PDF version of a water bill for a person’s home available in that person’s secure account on a city’s website.
- Preexisting Social Media Posts: Social media posts published before the effective date are exempt. This covers past posts on platforms like Facebook and Twitter.
- Example: A 2017 social media post by a city’s sanitation department announcing that trash collection would be delayed due to a snowstorm.
Conclusion
The new ADA rule on web and mobile app accessibility represents a significant step toward ensuring equal access for all individuals. By understanding the requirements, exceptions, and practical steps outlined in this post, state and local governments can effectively work towards compliance. Reaching WCAG 2.1 Level AA conformance not only helps meet legal obligations but will also ensure that people with disabilities have access to digital offerings from public entities.
