ADA Title II Compliance Guide for Government Websites 2026

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Compliance Deadline Alert

Large state and local governments (50,000+ population) must comply by April 24, 2026. Smaller entities have until April 26, 2027. Non-compliance can result in DOJ enforcement actions, private lawsuits, and loss of federal funding.

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What is ADA Title II?

Title II of the Americans with Disabilities Act prohibits discrimination against people with disabilities by state and local government entities. This includes counties, cities, towns, school districts, public universities, public transit authorities, and any other government-funded organization.

While the ADA was enacted in 1990, the Department of Justice (DOJ) only recently issued formal technical standards for web accessibility. On April 24, 2024, the DOJ published the final rule on Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities — making WCAG 2.1 Level AA the legal standard for government websites.

This isn't a suggestion or best practice — it's a binding federal regulation with real consequences for non-compliance.

Why Government Websites Face Heightened Risk

Government entities face unique liability because they're already covered under Title II — and have been since 1990. The new rule simply clarifies what compliance means in the digital context. Here's why the stakes are especially high:

!DOJ enforcement is active — The DOJ has already pursued settlements against government entities for inaccessible websites, including multi-million dollar agreements with cities and state agencies
!No private right of action barrier — Unlike some other regulations, citizens can sue state and local governments directly under Title II without exhausting administrative remedies first
!Federal funding at risk — Non-compliance can jeopardize federal grants and funding, affecting everything from infrastructure to education programs
!Attorneys' fees — Prevailing plaintiffs can recover attorneys' fees, making it financially viable for law firms to pursue accessibility cases against government entities

ADA Title II Compliance Deadlines

The DOJ established a tiered deadline system based on population size:

Large Entities

April 24, 2026

State/local governments serving 50,000+ people

• Most counties and cities
• State agencies
• Large school districts
• Public universities

Smaller Entities

April 26, 2027

Special district governments with fewer than 50,000 people

• Small municipalities
• Special districts
• Small school districts
• Transit authorities

For large entities, that's less than 14 months away. Given the scope of most government web presences — often dozens of websites, portals, and applications — waiting is not an option.

What WCAG 2.1 Level AA Requires

The rule mandates compliance with WCAG 2.1 Level AA — the international standard for web accessibility. This covers 50 success criteria across four principles:

Perceivable

Users must be able to perceive content — alt text for images, captions for video, sufficient color contrast

Operable

Users must be able to navigate and interact — keyboard navigation, skip links, no seizure-inducing content

Understandable

Content must be understandable — readable text, predictable navigation, input assistance

Robust

Content must work with assistive technologies — valid HTML, proper ARIA, compatible with screen readers

Common violations on government websites include missing alt text on images, forms without proper labels, PDFs that aren't tagged for accessibility, videos without captions, and poor color contrast. Our guide to fixing common WCAG failures covers remediation strategies.

What Digital Content is Covered?

The rule covers web content and mobile applications that state and local governments use to provide services, programs, or activities to the public. This includes:

✓Main government websites — City halls, county offices, state agencies
✓Online services portals — Permit applications, license renewals, tax payments
✓Document libraries — PDFs, forms, meeting minutes, public records
✓Public school websites — K-12 schools, community colleges, state universities
✓Mobile apps — 311 apps, transit apps, parks & recreation booking systems
✓Third-party platforms — Vendor-hosted services that government entities use to serve the public

The rule includes limited exceptions for archived content, third-party content posted by users (with conditions), and content where conformance would impose an undue burden — but these exceptions are narrow and require documentation.

How to Prepare for ADA Title II Compliance

Compliance isn't achieved overnight. Here's a practical roadmap for government entities:

Audit Your Current State

You can't fix what you don't measure. Start with a comprehensive accessibility scan of all public-facing websites and applications. Our free accessibility scanner can identify WCAG violations across your digital properties in minutes.

Inventory All Digital Assets

Many government entities don't have a complete list of their web properties. Document every website, subdomain, application, and embedded third-party service. Include PDF libraries and video content.

Prioritize High-Impact Issues

Not all violations are equal. Focus first on issues that completely block access — missing form labels, keyboard traps, inaccessible navigation. Then address lower-severity issues systematically.

Remediate Systematically

Work with your web team or vendors to fix issues. Many common violations — like missing alt text or low contrast — can be fixed relatively quickly. Others, like complex form accessibility, may require development work.

Establish Ongoing Monitoring

Accessibility isn't a one-time project. Every content update, new feature, or vendor change can introduce new violations. Set up ongoing monitoring to catch issues before they become compliance failures.

Warning: Accessibility Overlays Won't Save You

Some vendors market "quick fix" accessibility overlay widgets that claim to make websites compliant with a single line of JavaScript. These do not satisfy ADA Title II requirements.

The DOJ rule explicitly requires that web content itself conform to WCAG 2.1 AA. An overlay that sits on top of non-compliant content doesn't fix the underlying issues — and courts have consistently rejected overlay installation as evidence of compliance. In fact, 25% of accessibility lawsuits in 2024 specifically cited overlay widgets as barriers rather than solutions.

For government entities, using an overlay instead of proper remediation isn't just ineffective — it could be cited as evidence of deliberate indifference, potentially increasing liability.

Start Your Compliance Journey Today

Whether you're a city webmaster, county IT director, or state agency compliance officer, the clock is ticking. RatedWithAI provides honest, accurate accessibility scanning without the false promises of overlay vendors.

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Frequently Asked Questions

Does this rule apply to all government websites?

The rule applies to web content and mobile apps that state and local government entities use to provide services, programs, or activities to the public. Internal-only systems used solely by employees may not be covered under this specific rule, though they may be covered under other ADA provisions.

What about legacy PDFs and archived content?

The rule includes an exception for archived content that was created before the compliance date, is maintained exclusively for research or reference, and is clearly identified as archived. However, if that content is regularly accessed by the public for current services, it likely needs to be accessible.

Can we claim undue burden?

The rule allows entities to claim compliance would cause an undue financial or administrative burden, but this requires a documented determination by a senior official, and you must still provide services in an alternative accessible manner. This exception is narrow and should not be relied upon as a primary strategy.

What are the penalties for non-compliance?

Penalties can include DOJ enforcement actions, private lawsuits with damages and attorneys' fees, consent decrees requiring remediation under court supervision, and potential loss of federal funding. Settlement amounts in government accessibility cases have ranged from tens of thousands to millions of dollars.