ADA Title II: What the New Digital Accessibility Rule Means for Public Entities
On April 24, 2024, the U.S. Department of Justice (DOJ) finalized a long-anticipated update to Title II of the Americans with Disabilities Act (ADA), clarifying that websites and mobile applications operated by state and local governments must meet specific digital accessibility standards. This is a landmark shift in federal policy that finally aligns ADA enforcement with modern digital expectations.
If you’re responsible for a state online service, a city website, a school district’s online forms, or digital services at a public library, this rule affects you directly.
What does the final rule require?
In simple terms: public entities must ensure their web content and mobile apps conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.
These guidelines are widely recognized as the technical standard for making digital content accessible to people with disabilities. They include users who rely on screen readers, keyboard navigation, captions, and other assistive technologies.
The rule covers all “programs, services, and activities” offered by public entities, whether hosted on an official website, provided via a vendor platform, or delivered through a native mobile app.
Compliance deadlines
The DOJ has provided two key deadlines based on the size of the public entity:
| Entity Type | Compliance Deadline |
|---|---|
| Public entities serving >50,000 people | April 24, 2026 |
| Public entities serving <50,000 people, and all special district governments (e.g., water, transit, parks) | April 26, 2027 |
Colorado agencies should note that under HB21-1110 and HB24-1454, digital accessibility conformance to WCAG 2.1 AA is already required by July 1, 2025. While Colorado’s timeline is accelerated, the ADA Title II deadlines will also apply to Colorado public entities.
Who must comply?
The rule applies to all public entities under Title II of the ADA, including:
- State and local government departments
- City and county governments
- Public K–12 schools and higher education institutions
- Transit, water, housing, and other special districts
- Public libraries and judicial or law enforcement systems
Whether you’re processing permits, running a summer camp registration page, or hosting public records online, the platforms delivering those services must be accessible.
What counts as “accessible”?
Under the new ADA Title II rule, public entities must ensure their websites, non-web content (PDFs, docs), and mobile apps meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
That means conforming to 50 specific success criteria:
These include things like:
- Text alternatives for images and icons
- Full keyboard navigation (no mouse required)
- Sufficient color contrast
- Descriptive form labels and link text
- Captions and transcripts for video and audio
- Mobile-friendly layouts that reflow without horizontal scrolling
Automated tools can’t catch it all
While tools like axe, WAVE, or Lighthouse are helpful, no automated scanner can verify full WCAG 2.1 AA compliance. Most tests only catch 20–30% of actual issues. The rest require human judgment to determine whether form instructions are clear, headings are meaningful, or tab order makes sense.
Overlays (like “accessibility widgets” or AI-driven toolbars) also fall short. They don’t fix underlying code and do not bring a site into legal compliance. Beware of claims that sound too good to be true.
Accessibility means built-in, not bolted-on
To comply with the ADA’s new rule, accessibility must be baked into your site or app’s structure, content, and user experience, not added as a plugin or afterthought.
What should public entities do now?
- Inventory and audit
Start by identifying all public-facing websites, portals, and mobile apps your agency controls—or contracts out. Audit them for WCAG 2.1 AA conformance. - Remediate and prioritize
Develop a plan to fix accessibility barriers, prioritizing core functions like service applications, payments, and records access. - Update procurement and policy
Ensure new platforms and vendors are vetted for accessibility, and integrate WCAG conformance into your procurement language. - Train your team
From web developers to communications staff, everyone involved in creating digital content should understand basic accessibility practices. - Communicate accessibility options
Make sure your website clearly communicates how users can request accommodations or report access barriers.
Why this matters
The DOJ’s rule is more than a compliance mandate. It affirms that digital accessibility is a civil right. Millions of Americans with disabilities interact with government services through digital means every day. Making those services accessible is essential to equity, civic participation, and trust.
About A11y Is, LLC
We partner with public agencies, schools, and civic organizations to integrate accessibility into digital strategy, procurement, and product delivery. Based in Colorado and grounded in WCAG, ADA, and HB21-1110 expertise, we’re here to help you build accessible services that work for everyone.
