ADA Title II Updates: The DOJ’s New Rule

For years, digital accessibility advocates, along with state and local governments, have expressed frustration over the lack of clarity in the Americans with Disabilities Act (ADA) and the scope of Title II, particularly regarding the accessibility of digital experiences.

In April 2024, that changed when the U.S. Attorney General signed a final rule addressing the accessibility of digital experiences under Title II of the ADA. This rule requires state and local governments to ensure that their services, programs, and activities meet web accessibility standards and are accessible to individuals with disabilities.

This rule was originally proposed in August of 2023 by the U.S. Department of Justice (DOJ) and marks a continuation of the DOJ’s longstanding efforts to clarify the ADA’s application to the digital world.

In April 2026, the DOJ issued an interim final rule that extended the rule’s compliance deadlines by one year. The technical requirements didn’t change: WCAG 2.1 Levels A and AA remain the standard.

Not sure if your organization needs to comply or which standards apply to you?

In this post, I’ll explain the DOJ’s new rule under Title II of the ADA, including what kinds of organizations are impacted. I’ll also outline what compliance means, in practical terms, and provide recommendations for aligning with these requirements ahead of the DOJ’s extended deadlines.

Visit our Title II resource hub for a clear understanding of ADA Title II requirements and guidance on how to achieve compliance.

What are the ADA compliance requirements under Title II?

The final rule, which was published in the Federal Register on April 24, 2024, outlines specific accessibility requirements to ensure governments’ digital experiences are accessible to people with disabilities and therefore more inclusive for all constituents.

The new rule’s digital accessibility standards apply to state, local, and district government entities’ websites and mobile apps, and include digital documents (such as PDFs, word-processing documents, spreadsheets, and presentation files). The rule states that these digital assets and experiences need to conform with the Web Content Accessibility Guidelines (WCAG) 2.1, Levels A and AA.

In addition, the rule applies to publicly available web content, including video and audio content and new social media posts. However, the rule provides exceptions for five specific types of content: archived web content, preexisting conventional electronic documents (unless they’re currently used to apply for, access, or participate in a service, program, or activity), content posted by third parties who aren’t acting on the public entity’s behalf, individualized password-protected documents, and social media posts made before the compliance date.

The language of the final rule confirms that measuring WCAG conformance will require some flexibility, since digital content changes frequently and 100% conformance at all times may not be a readily achievable requirement.

The rule specifies a few exceptions where public entities are not required to fully conform with WCAG standards, such as when doing so would impose an undue financial and administrative burden on the organization or fundamentally alter the nature of a service, program, or activity. Even then, the public entity must still provide access to the maximum extent possible.

A digital experience that doesn’t fully conform to WCAG can still meet the rule’s requirements if any violations have a “minimal impact on access,” allowing individuals with disabilities to use the experience as effectively as those without disabilities. Organizations may also offer alternative accessible versions of content, but only when technical or legal constraints make it impossible to make the original content accessible.

What about web content created by third parties?

To comply with the rule, governments need to ensure that all their web and mobile experiences are accessible, including digital experiences from third-party vendors and agencies.

Specifically, the rule states that any digital content that a public entity “provides or makes available” to users must meet accessibility standards, whether this content is provided directly by the public entity (e.g., published to a government’s own website) or by a third-party organization as part of a contractual, licensing, or other agreement. For example, if a city government contracts with a third-party mobile app provider to collect parking payments, the mobile app must conform with WCAG 2.1 A and AA.

Why were updates to ADA Title II made?

According to the DOJ, the updates to ADA Title II address the fact that many state and local governments now provide most of their services, programs, and activities online and via mobile apps. This development has increased the risk that people with disabilities encounter barriers to accessing essential services, as well as barriers to participating in essential civic activities—like attending a town meeting, or even voting.

In addition, both public entities and private businesses are facing mounting legal action surrounding the inaccessibility of digital experiences and content, with many lawsuits and demand letters alleging non-compliance with the ADA. As a result, many organizations have sought clarity from the federal government over what ADA compliance means, practically, when it comes to digital experiences. The DOJ’s new rule offers this clarity by providing documented technical standards (WCAG 2.1 A and AA) against which to measure compliance.

“We will continue to use every tool that we have, including our enforcement authority, to ensure that people with disabilities are not treated like second class citizens when it comes to online services.”

— Then Associate Attorney General Vanita Gupta (justice.gov)

Who is impacted by this new accessibility rule?

The rule applies to state, local, and other special or district governments, encompassing all government agencies, services, and organizations, as well as organizations they’ve contracted to run programs on their behalf. The DOJ calls these institutions public entities. Other public entities include:

• Public schools, community colleges, and public universities
• Public hospitals and public healthcare clinics
• State and local courts
• Public libraries

Organizations that sell technology, such as education technology and web platforms, to public entities also need to make sure their products are accessible. While vendors may not directly have to comply with the new rule’s requirements, the public entity—their buyer—does. And with this new rule in place, they need to tighten their procurement requirements to ensure all purchased products and services conform with WCAG 2.1 A and AA.

If you want to sell into this market, following these web accessibility standards is a requirement. Check out the DOJ’s fact sheet for a more in-depth list of impacted organizations and services.

What is the ADA Title II compliance deadline?

The final rule went into effect on June 24, 2024, 60 days after its publication in the Federal Register. Public entities originally had two or three years from the publication date to ensure that their web content and mobile apps conform with WCAG 2.1 A and AA. In April 2026, the DOJ issued an interim final rule that extended each compliance date by one year, giving public entities three or four years in total. Specific timelines for compliance vary based on organizations’ size, with extra time allotted to smaller public entities. The current requirements are as follows:

• Public entity with a total population of 50,000 or more: compliance by April 26, 2027 (extended from April 24, 2026)
• Public entity with a total population of less than 50,000: compliance by April 26, 2028 (extended from April 26, 2027)
• All special district governments: compliance by April 26, 2028 (extended from April 26, 2027)

Keep in mind that these extended dates could still change. The DOJ accepted public comments on the interim final rule through June 22, 2026, and in May 2026, the National Federation of the Blind (NFB) filed a federal lawsuit seeking to restore the original deadlines. Additionally, Title II’s underlying nondiscrimination and effective communication obligations already apply, so public entities can face complaints and lawsuits over inaccessible digital content before their compliance dates arrive.

Public hospitals, clinics, and other recipients of U.S. Department of Health and Human Services (HHS) funding should also track the HHS Section 504 rule, which sets similar WCAG 2.1 AA requirements. In May 2026, HHS extended its deadlines to May 11, 2027 for recipients with 15 or more employees and May 10, 2028 for those with fewer than 15 employees.

How will ADA Title II regulations be enforced?

The new rule under Title II of the ADA doesn’t create any new enforcement mechanisms. Instead, the DOJ can take existing enforcement actions such as filing lawsuits in federal court, administrative actions, or entering into settlement agreements with state and local government entities. Individuals can also file complaints with the DOJ or bring private lawsuits under Title II.

How can state and local governments achieve compliance?

While the new rule does not outline specific methods for testing and remediating digital experiences, it indicates the goal is to make sure digital experiences meet the WCAG 2.1 web accessibility standards and that digital content is accessible, providing effective communication to people with disabilities, a requirement of Title II of the ADA.

We recommend using a combination of automated testing tools and manual evaluation using assistive technologies, including evaluation by people with disabilities (seeking and incorporating feedback from people with disabilities is encouraged by the DOJ in its new rule).

Now is the perfect time to invest in the tools and training needed to integrate digital accessibility best practices into all content development processes, from content authoring to UX and UI design.

In addition, given the large volume of sites, apps, documents, and experiences a public entity of any size is likely to have in its digital portfolio, procuring an accessibility management platform where remediation progress and accessibility status can be monitored and tracked over time will be essential to meeting the DOJ’s April 2027 and April 2028 deadlines.

Will ADA regulations under Title II impact private businesses?

It is likely that the new rule under Title II of the ADA will be a blueprint for similar revisions to Title III of the ADA, which applies to private businesses as places of “public accommodations.”

Since the mid-1990s, the DOJ has stated that the definition of places of public accommodations includes company websites, e-commerce platforms, and other digital experiences, and many U.S. courts have agreed, ruling in favor of plaintiffs who allege a company or organization’s website is inaccessible to people with disabilities. However, courts remain split on some questions, such as whether a website must be connected to a physical location to be covered.

At Level Access, our position is that both businesses and people with disabilities would benefit from clarity in regulations under Title III, as this would reduce unexpected litigation for businesses while making sure consistent accessibility is provided to people with disabilities. However, the DOJ hasn’t proposed web accessibility regulations under Title III, and the timing of any future rulemaking remains uncertain.

Achieve ADA compliance with Level Access

As the market-leading digital accessibility solution provider, Level Access has decades of experience helping organizations achieve compliance with Title II and Title III of the ADA and other digital accessibility laws. Our comprehensive suite of solutions includes both automated and manual accessibility testing—with tests conducted by individuals with disabilities—alongside designer tools, robust monitoring, and governance capabilities. All of this is managed through a centralized, streamlined system of record: the Level Access Platform.

With our strategic consulting to support with procurement and accountability, and role-specific accessibility training to help teams build internal expertise, state and local governments can feel confident they’re not only working efficiently toward the DOJ’s mandated timelines for digital ADA compliance but also laying an accessible foundation for future digital development. Ready to get on track to meet ADA compliance deadlines?

Engage with our team today

Note: This blog post has been updated since its original publication date (February, 2024) to reflect the revised deadlines for compliance with the DOJ’s ADA Title II rulemaking, including the one-year extension in the DOJ’s April 2026 interim final rule. Organizations should be aware that the deadlines for some state laws enacted in support of the Title II rulemaking remain unchanged, and are enforceable as of April 2026 for public entities with a population of 50,000 or greater.