Understanding U.S. Digital Accessibility Laws for Government Entities

For public-sector organizations in the U.S., ensuring websites and digital services are accessible to everyone is not just a best practice; it’s a legal obligation. Both the federal government and individual states have enacted laws mandating digital accessibility.

If you’re responsible for compliance at a public institution, understanding which requirements apply to your organization is essential for avoiding legal risk, improving service delivery, and meeting the needs of all constituents. This article provides a breakdown of requirements impacting federal, state, and local government entities, and offers guidance for navigating compliance.

Requirements for federal agencies: Section 508

The primary law governing digital accessibility in the U.S. federal government is Section 508 of the Rehabilitation Act of 1973.

Section 508 requires that executive branch agencies, as well as the postal service, create, procure, and use information and communication technology (ICT) that’s accessible to individuals with disabilities. ICT is a broad category that includes websites, software, digital documents (like PDFs), and hardware. To comply with this law, federal agencies must bring both public- and employee-facing ICT into conformance with the Section 508 standard, which incorporates the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA.

Accessibility laws for state governments

Title II of the Americans with Disabilities Act (ADA) mandates digital accessibility for all U.S. state and local government entities. In 2024, the U.S. Department of Justice (DOJ) published a final rule under Title II that sets technical compliance requirements for public-facing web and mobile content, whether developed in-house or through a third party. Specifically, state and local governments need to ensure their digital content conforms to WCAG 2.1 Level AA. The deadline for compliance is either April 2026 or April 2027, depending on the size of the state or locality’s population.

In addition to the ADA—a federal regulation that applies nationwide—many states have enacted their own digital accessibility laws or policies, some of which go beyond federal requirements. If you work in state or local government, it’s important to understand your state’s specific rules.

The following states have passed formal legislation mandating digital accessibility:

• California requires public agencies to certify that their websites meet WCAG 2.0 AA standards under Assembly Bill (AB) 434. Some entities, such as the Los Angeles Unified School District, take it a step further by requiring WCAG 2.1 AA conformance.
• Texas mandates digital accessibility for all state agencies and universities through its Administrative Code Chapters 206 and 213, requiring that these entities align with the Section 508 standard. Furthermore, the Texas Education Agency has laid out accessibility requirements for instructional material used by K-12 institutions.
• Colorado’s House Bill (HB)21-1110 mandates WCAG 2.1 AA conformance for state and local government entities, including K-12 institutions, and makes failure to meet this standard a civil rights violation. Importantly, this law applies to employee-facing content, not just public content.
• In Hawaii, Senate Bill (SB) 2144 requires that electronic information technology developed, purchased, used, or provided by a state entity is accessible to people with disabilities.
• Maryland’s SB0617 requires that educational content, particularly that published by K-12 public schools and / or made available to K-12 students, conforms to the latest version of WCAG.
• Virginia just passed HB2541, which updates the state’s existing Information Technology Act by strengthening accessibility standards for technology procurement. Vendors are required to provide Accessibility Conformance Reports (ACRs) based on the Voluntary Product Accessibility Template (VPAT®).
• Illinois, New York, Minnesota, Oregon, and Washington have also implemented digital accessibility requirements for public entities through state laws.

Many other states have enacted formal policies or executive orders that require or strongly recommend digital accessibility:

• Kentucky and Missouri mandate the accessibility of state agency websites and IT systems in conformance to WCAG 2.0.
• Massachusetts, Iowa, Indiana, Pennsylvania, Nebraska, and Georgia require WCAG 2.1 AA conformance for state web services.
• North Carolina and Wisconsin include accessibility in IT procurement and development standards.
• Arizona establishes accessibility requirements for state entities that align with (but do not specifically reference) WCAG.
• Connecticut, Maine, Michigan, New Jersey, and Ohio have issued executive guidance or implemented procurement policies referencing WCAG as a technical requirement.

While some states have more comprehensive rules than others, and enforcement mechanisms vary, the trend is clear: Digital accessibility is becoming a standard requirement across state governments.

Even in states without formal laws or policies, state agencies are still accountable under ADA Title II—and private lawsuits are increasingly targeting these entities for inaccessible digital experiences.

Local government responsibilities

Like states, local governments—cities, towns, counties, and school districts—are covered by ADA Title II. In fact, the DOJ has held local governments accountable for web accessibility barriers under Title II, and private lawsuits have targeted municipalities for Title II noncompliance. Common areas of risk include online payment portals, voting and election information, public meeting schedules, health departments, and emergency alert systems.

Some local entities are also affected by their state’s accessibility rules, depending on how state law is structured. Even when local entities are not covered by state regulations, or these regulations are not consistently enforced, digital accessibility remains critical for providing equitable access to local government services.

Best practices for staying compliant

Whether you work in federal, state, or local government, maintaining accessible digital experiences is essential to mitigating compliance risks—and serving every constituent. Here are some key actions to consider:

• Use the most recent version of WCAG as a default baseline, even if requirements reference an older version of WCAG (e.g., WCAG 2.0 or 2.1).
• Audit websites and applications regularly for accessibility issues and remediate errors promptly.
• Maintain an accessibility statement on public-facing websites and include a mechanism for users to provide feedback.
• Incorporate accessibility into procurement processes, requiring ACRs (completed VPATs) from vendors.
• Train content creators, developers, and IT staff to ensure accessibility is built in—not bolted on.

Serve every constituent through accessible experiences.

While specific digital accessibility requirements may differ across jurisdictions, one principle remains constant: the obligation to ensure equitable access for all. Government organizations—federal, state, and local—must approach this responsibility with intention, not only to comply with legal mandates but to deliver inclusive, effective public services that earn the trust of their communities.

Digital accessibility isn’t just a box to check for compliance—it’s a long-term commitment to making digital services usable by everyone, including people with disabilities. Upholding this commitment can be complex, but the right partner can empower you to make a lasting impact.

At Level Access, we’ve been at the forefront of digital accessibility for more than 25 years. Our AI-powered, end-to-end solution supports all three pillars of a successful accessibility program: Audit & Test, Build & Fix, and Governance & Reporting. Connect with us to learn how we can help your agency achieve and sustain accessibility and compliance.

Frequently asked questions

Do local governments really have to comply with federal accessibility laws?

Yes. Under ADA Title II, all state and local government entities are required to ensure their digital services are accessible to people with disabilities—even if no state-specific law exists.

What standard should I follow if my state law is unclear?

WCAG 2.1 Level AA is the current standard for ADA Title II compliance, set by the DOJ. However, the Worldwide Web Consortium (W3C) recommends that organizations aim for conformance with the most recent version of WCAG to serve the broadest possible group of users.

How often should we audit our digital properties for accessibility?

At minimum, annual audits are recommended. However, audits should also occur after major redesigns or platform updates to catch and address new issues early.