DOJ Signals Changes to ADA Title II Web Accessibility Rule: What We Know So Far
The Department of Justice submitted an Interim Final Rule to OIRA on February 13, 2026, indicating modifications to the ADA Title II web accessibility regulation are coming. Here's what government entities, higher education institutions, and compliance teams need to know.
⚡ Key Takeaways
- 📋What happened: The DOJ submitted an Interim Final Rule (RIN 1190-AA82) to OIRA on February 13, 2026, to modify provisions of the ADA Title II web accessibility rule.
- 🔍What it means: The DOJ is reconsidering certain provisions to reduce implementation costs — this is NOT a repeal of the accessibility requirement.
- 🏛️Who's involved: The League of Minnesota Cities and National League of Cities are advocating for tailored exemptions and cost reductions. NLC is actively collecting compliance cost data.
- ⏰April 2026 deadline: Still in effect as of this writing. No official postponement has been announced. Continue compliance efforts.
- ⚠️Bottom line: Modifications are likely targeted (small jurisdictions, cost provisions) — not a rollback of WCAG 2.1 AA requirements. Do not stop compliance work.
Table of Contents
- 1. What Happened: The OIRA Filing
- 2. Timeline: How We Got Here
- 3. What Might Change (and What Won't)
- 4. What Is an Interim Final Rule?
- 5. Who Is Affected?
- 6. Higher Education: A Sector in Scramble Mode
- 7. NLC Compliance Cost Collection
- 8. What Almost Certainly Won't Change
- 9. What Your Organization Should Do Right Now
- 10. The Real Cost of Compliance vs. Non-Compliance
- 11. Check Your Compliance Status Today
- 12. Frequently Asked Questions
1. What Happened: The OIRA Filing
On February 13, 2026, the Department of Justice's Civil Rights Division submitted an Interim Final Rule to the Office of Information and Regulatory Affairs (OIRA) for review. The filing, tracked under RIN 1190-AA82, is titled "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities."
In plain terms: the DOJ is formally moving to modify the ADA Title II web accessibility rule that was published in April 2024 — the same rule that set the April 24, 2026 compliance deadline for government websites.
The OIRA filing is publicly available at reginfo.gov and reveals several important details:
- Stage: Interim Final Rule (not a proposed rule — this is closer to taking effect)
- Economically Significant: No (indicating targeted, not sweeping, changes)
- Legal Deadline: None (the DOJ set no deadline for OIRA to complete its review)
- Agency: DOJ / Civil Rights Division (CRT)
The "Not Economically Significant" designation is particularly telling. Under Executive Order 12866, a rule is economically significant if it has an annual effect of $100 million or more on the economy. The DOJ's assessment that this Interim Final Rule does not meet that threshold suggests the modifications are surgical — not a wholesale rewrite of the accessibility standard.
2. Timeline: How We Got Here
Understanding this filing requires context. The ADA Title II web accessibility rule has been a regulatory journey spanning years:
3. What Might Change (and What Won't)
Based on the OIRA filing, LMC/NLC advocacy documents, and the DOJ's October 2025 regulatory agenda, here's our analysis of what's likely on the table:
Changes That Appear Likely
Cost-reduction provisions
The DOJ explicitly stated its intent to reconsider whether provisions "could be made less costly." This is the driving force behind the Interim Final Rule. Expect provisions that acknowledge the financial burden on smaller entities.
Small-jurisdiction exemptions or extensions
LMC reports they are exploring "tailored exemptions for very small jurisdictions." This mirrors comments LMC submitted during the original rulemaking in 2023. Small cities with limited budgets may get extended timelines or reduced scope.
Technical requirement adjustments
LMC mentions "adjustments to technical requirements" as part of the options being explored. This could mean more specific guidance on what counts as compliance, safe harbor provisions, or phased approaches to full WCAG 2.1 AA conformance.
Changes That Appear Unlikely
Full repeal of the rule
The "Not Economically Significant" designation at OIRA argues against a major rollback. LMC explicitly states this is "not a full repeal." The rule was 14 years in the making — repealing it would face significant legal and political challenges.
Elimination of WCAG 2.1 AA as the standard
WCAG 2.1 Level AA is an internationally recognized standard used across the EU (European Accessibility Act), Canada, and Australia. Removing it would create a regulatory vacuum and likely increase — not decrease — compliance confusion and lawsuit risk.
Removal of the deadline for large entities
The advocacy focus is on "very small jurisdictions" — not on entities serving 50,000+ populations. Large cities, counties, and public universities are likely to keep their April 2026 deadline intact.
4. What Is an Interim Final Rule?
The choice of "Interim Final Rule" rather than a "Notice of Proposed Rulemaking" (NPRM) is significant and worth understanding:
| Feature | Proposed Rule (NPRM) | Interim Final Rule (IFR) |
|---|---|---|
| When it takes effect | After comment period + final rule publication | Immediately upon publication |
| Public comment | Required before implementation | Typically accepted after publication |
| Speed | Months to years | Can be very fast |
| Typical use | New regulations | Urgent modifications or corrections |
The Interim Final Rule mechanism is important because it means any modifications could take effect before the April 24, 2026 deadline — assuming OIRA completes its review and the DOJ publishes the rule in the Federal Register in time.
However, there's a catch: OIRA reviews can take 30-90 days (sometimes longer), and there's no legal deadline set for this review. If OIRA takes its time, the modifications might not be published until after the April deadline — creating a messy transition period.
Note on the October 2025 agenda: In its regulatory agenda, the DOJ originally mentioned issuing an NPRM to reconsider provisions. The shift to an Interim Final Rule — which takes effect faster — suggests the DOJ may want to provide relief before the deadline hits.
5. Who Is Affected?
The ADA Title II web accessibility rule — and any modifications to it — affects an enormous number of entities across the United States:
50,000+
State and local government entities covered by Title II
4,000+
Colleges and universities (public institutions)
13,000+
Public school districts
3,000+
County governments
Specific entities covered include:
- Cities and municipalities — websites, online payment portals, permit applications, meeting agendas
- Public universities and colleges — course management systems, registration portals, library resources, faculty websites
- K-12 school districts — parent portals, enrollment forms, school websites, board meeting materials
- County governments — property records, court systems, health departments, emergency services
- State agencies — DMV systems, tax portals, employment services, social services
- Public libraries — catalog systems, event registration, digital resources
- Public transit authorities — route planners, real-time tracking, fare payment systems
- Housing authorities — application portals, waitlist management, tenant resources
6. Higher Education: A Sector in Scramble Mode
Perhaps no sector is feeling the pressure more acutely than higher education. Public universities face massive compliance challenges: thousands of web pages, decades of archived content, third-party learning management systems, and faculty-created course materials that may never have been reviewed for accessibility.
Recent reporting reveals the extent of the scramble:
- University of Florida: Faculty described as "scrambling" to make online content compliant in a student newspaper report (February 20, 2026). The scope of required changes across a major research university is staggering.
- University of Wisconsin-Whitewater: Student newspaper covered compliance efforts, highlighting the challenge of making decades of digital content accessible (February 22, 2026).
- Open Education Association: Hosted a webinar titled "Separating Myths from Facts" about the accessibility requirements (February 17, 2026), indicating widespread confusion about what's actually required.
- Carnegie Higher Ed: Published a comprehensive guide specifically for higher education institutions, noting the rule "takes full effect for most public higher education institutions" on April 24, 2026.
Any modifications the DOJ makes could provide meaningful relief to the higher education sector, particularly around legacy content, faculty-created materials, and phased compliance approaches. However, institutions shouldn't bank on relief — the core requirement is likely to remain.
7. NLC Compliance Cost Collection
The National League of Cities is taking an active role in shaping any modifications. As reported by the League of Minnesota Cities on February 23, 2026:
"NLC is seeking examples of compliance costs with the ADA rule as soon as possible. Cities willing to share cost information may complete NLC's compliance cost collection form. City names are not required. Submissions may be listed as 'sample city,' provided the population size is included."
This is significant because the data NLC collects will be presented directly to OIRA during their planned meeting — directly influencing what modifications the DOJ ultimately makes.
If you represent a government entity, the NLC has an online compliance cost collection form where you can submit your estimated or actual compliance costs. Submissions are anonymous — no city names are shared with OIRA, only aggregated data by population range.
8. What Almost Certainly Won't Change
Regardless of what the DOJ modifies, several fundamentals of digital accessibility law are not going away:
The ADA itself
Title II of the ADA has required non-discrimination in government services since 1990. The web accessibility rule clarified how this applies to digital services — it didn't create the obligation from scratch. Even if the rule were somehow repealed entirely, the underlying ADA requirement would remain.
Private-sector lawsuit risk (Title III)
The Title II rule only directly governs government entities. The 15,000+ ADA website lawsuits filed in recent years are predominantly under Title III, targeting private businesses. These lawsuits are driven by plaintiffs' attorneys, not by the DOJ rule — and they'll continue regardless of what happens to Title II.
State-level accessibility laws
Multiple states have their own digital accessibility requirements that are independent of the federal rule. Modifications to the ADA Title II rule don't affect state-level mandates.
International requirements
The European Accessibility Act (EAA), which has been in force since June 2025, requires WCAG conformance for products and services sold in the EU. Canada, Australia, and other countries have similar requirements. The US modifying its rule doesn't change global obligations.
9. What Your Organization Should Do Right Now
Whether you're a government entity directly affected by Title II or a private business watching these developments, here's what to do:
For Government Entities (Title II)
- Do NOT stop compliance efforts. The April 2026 deadline is still active. Even if modifications come, the core WCAG 2.1 AA requirement is expected to remain. Pausing now means you'll be further behind if the deadline holds.
- Run an accessibility audit now. You need to know where you stand. Use a free accessibility scanner to get a baseline assessment of your website's WCAG compliance.
- Submit compliance cost data to NLC. If you're a city, your data could help shape the modifications. The more data OIRA receives about real-world compliance costs, the more targeted the relief can be.
- Prioritize high-impact fixes. Focus on the issues that affect the most users: keyboard navigation, screen reader compatibility, form labels, color contrast, and image alt text. These are both the most common WCAG violations and the most impactful for users with disabilities.
- Document everything. Track your compliance efforts, costs, and timeline. If modifications do create safe harbors or phased approaches, you'll want documentation showing good-faith efforts.
For Private Businesses (Title III)
- These modifications don't affect your risk. Title III lawsuits are a separate legal track. Plaintiffs' attorneys aren't waiting for the DOJ to tell them to sue — they're filing thousands of cases per year right now.
- Use this moment to get ahead. While your competitors might misread the news as "accessibility requirements are going away," smart businesses will use this window to build accessible websites and avoid the $15K-$200K+ lawsuit costs.
- Scan your website for free. A 5-minute accessibility scan can identify the most critical issues before they become legal problems.
10. The Real Cost of Compliance vs. Non-Compliance
One of the ironies of the compliance cost debate is that not complying is almost always more expensive than complying. Here's the math:
| Cost Category | Compliance | Non-Compliance |
|---|---|---|
| Automated monitoring | $29-99/month | $0 (but no visibility) |
| Initial remediation | $2,000-$25,000 | $0 until you get sued |
| Legal defense | N/A | $10,000-$50,000+ |
| Settlement | N/A | $5,000-$200,000+ |
| Emergency remediation | N/A | $10,000-$75,000 (rush) |
| Annual total | $348-$26,188 | $25,000-$325,000+ |
Put simply: proactive compliance with a tool like RatedWithAI at $29/month ($348/year) is 72x-934x cheaper than dealing with even a single lawsuit. That's why we encourage every organization — government or private — to start with a free scan.
11. Check Your Compliance Status Today
Don't Wait for the Rule to Change
Whether the DOJ modifies the rule or not, accessibility compliance protects your organization from lawsuits, improves user experience, and ensures equal access for all residents.
No signup required. Scan any URL in under 60 seconds.
12. Frequently Asked Questions
Is the DOJ repealing the ADA Title II web accessibility rule?
No. The DOJ submitted an Interim Final Rule to modify — not repeal — the regulation. The OIRA filing is marked "Not Economically Significant," indicating targeted changes. The League of Minnesota Cities explicitly states this is "not a full repeal." The modifications are expected to address compliance costs and potentially provide relief for very small jurisdictions.
Is the April 24, 2026 deadline still in effect?
Yes, as of February 24, 2026. No official postponement has been announced. The compliance deadline for public entities serving populations of 50,000 or more remains April 24, 2026. The deadline for entities serving fewer than 50,000 remains April 26, 2027. Government entities should continue compliance efforts while monitoring for updates.
What changes is the DOJ considering?
Based on the DOJ's October 2025 regulatory agenda and LMC/NLC reporting: provisions to reduce implementation costs, potential tailored exemptions for very small jurisdictions, and possible adjustments to technical requirements. The NLC is actively collecting compliance cost data from cities to present to OIRA.
What is an Interim Final Rule and how fast could changes happen?
An Interim Final Rule takes effect immediately upon publication in the Federal Register — unlike a proposed rule, which requires a comment period first. OIRA reviews typically take 30-90 days, meaning modifications could potentially be published before the April 2026 deadline. However, there's no guaranteed timeline.
Should my organization stop compliance efforts?
Absolutely not. Every accessibility expert advises continuing compliance work. The core WCAG 2.1 Level AA requirement is expected to remain intact. Any modifications are likely to involve cost-relief measures or small-jurisdiction exemptions — not elimination of the standard. Stopping now increases your legal risk and could leave you scrambling if modifications are minimal.
Does this affect private businesses (Title III)?
Not directly. The Interim Final Rule specifically addresses Title II (government entities). Private businesses face accessibility requirements under Title III, which operates on a separate legal track. The 15,000+ ADA website lawsuits against private businesses in recent years are Title III actions and will continue regardless of Title II modifications.
How can I check if my website is WCAG 2.1 AA compliant?
Use RatedWithAI's free accessibility scanner to check any URL against WCAG 2.1 Level AA in under 60 seconds. No signup required. The scanner identifies specific violations with code-level fix recommendations — powered by axe-core, the same engine used by Google Lighthouse.
Sources
- OIRA Pending EO 12866 Regulatory Review — RIN 1190-AA82 (reginfo.gov, received February 13, 2026)
- "Justice Department Signals Possible Changes to ADA Web Accessibility Rule" (League of Minnesota Cities, February 23, 2026)
- "Is Your City Ready for Website Accessibility Requirements?" (National League of Cities, February 18, 2026)
- "DOJ To Re-Examine All ADA Title II and III Regulations on a 'TBD' Timetable" (Seyfarth Shaw LLP / ADA Title III, October 23, 2025)
- "DOJ to Revisit ADA Title II and III and What It Means for Digital Accessibility" (Pivotal Accessibility, November 6, 2025)
- "First Steps Toward Complying with the ADA Title II Web Accessibility Rule" (ADA.gov, U.S. Department of Justice)
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Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The regulatory situation is evolving rapidly. Consult with a qualified attorney for legal guidance specific to your organization. RatedWithAI will update this article as new information becomes available.
Last updated: February 24, 2026 at 1:00 PM PST. We are monitoring OIRA, Federal Register, and DOJ sources for updates and will revise this article as developments occur.