The Department of Justice published a final rule under Title II of the Americans with Disabilities Act (28 CFR Part 35, RIN 1190-AA79) that sets specific technical requirements for web content and mobile apps of state and local government entities. A follow-up rulemaking (RIN 1190-AA82) has since addressed the compliance timeline for covered entities. Here is what you actually need to know.

What the Rule Requires

Covered web content and mobile apps of state and local government entities must conform to WCAG 2.1 Level AA. This is the first time the DOJ has put a specific technical standard for digital accessibility into the regulations under Title II.

The rule covers content that a public entity provides or makes available, whether directly or through contracts, licenses, or other arrangements.

Compliance Dates

Compliance dates vary depending on the size of the entity and have been the subject of ongoing rulemaking. Because the specifics can change and depend on your entity's classification, we do not list deadlines here. Your legal counsel or state attorney general's office can confirm the date that applies to you.

You Own Third-Party Content on Your Site

Here is a provision that catches a lot of organizations off guard: you are responsible for the accessibility of content delivered through third-party platforms too. If your agency uses a third-party website builder, LMS, or CMS, you still have to make sure the content on it meets the standard.

That matters a lot if you run on WordPress, SquareSpace, or an industry-specific platform whose templates ship with accessibility defects baked in. The platform's problems become your problems.

Recognized Defenses

The rule builds in several defenses and exceptions.

Fundamental Alteration

You are not required to take any action that would fundamentally alter the nature of a service, program, or activity. This one is decided case by case by the head of the entity (or their designee), and it has to come with a written statement of reasons.

Undue Burden

You are not required to take action that would create an undue financial or administrative burden. If it would, you still have to take an alternative action that provides access to people with disabilities without that burden.

Conforming Content Safe Harbor

Content that actually conforms to WCAG 2.1 Level AA is presumed to comply with the rule. That is a strong incentive to get to conformance and stay there.

Content Exceptions

A few categories of content can be excluded:

  • Archived web content. Content kept only for reference, research, or recordkeeping, last updated before the compliance date, and stored in a clearly identified archive area.
  • Preexisting conventional electronic documents. PDFs, Word files, and similar documents posted before the compliance date, unless they are currently being used for the entity's programs, services, or activities.
  • Third-party content posted by members of the public. Content posted by people the entity does not create or control.

What About Private Businesses?

This specific rule covers state and local government entities under Title II. Private businesses that operate as places of public accommodation fall under Title III, which has its own evolving body of case law on web accessibility. Title III does not yet have a specific web accessibility regulation, but courts have increasingly said the websites of public accommodations must be accessible.

An Underrated Upside: SEO

Meeting WCAG 2.1 AA is not just a defensive move. Search engines crawl sites the same way a screen reader reads them. Proper heading structure, meaningful alt text, accessible forms, and performant code all help both audiences at once. Organizations that stay ahead of accessibility tend to rank better in search, which is a real growth lever for public-facing services. We go deeper on this in How ADA Compliance Boosts Your SEO.

How to Prepare

No matter which title applies to you, the playbook looks the same:

  • Audit your site against WCAG 2.1 Level AA.
  • Use automated remediation to clear out the common violations.
  • Document every compliance effort with timestamped evidence.
  • Offer alternative ways to access content you cannot fully remediate.
  • Set a regular cadence for scanning and reporting.

Ardor Accessibility is built for exactly this: automated WCAG scanning, real-time widget remediation, and a full suite of legal-grade compliance documents. Request a demo and we will walk you through it.

This article is for informational purposes only and does not constitute legal advice. Please talk to your legal counsel about your specific compliance obligations.