By Tori Kee

In April 2024, the Department of Justice (DOJ) issued a rule adopting a new technical standard for government websites and mobile applications under Title II of the Americans with Disabilities Act (ADA). As government services increasingly move online, this rule provides uniform web standards to increase accessibility to online government services for all.

The rule requires state and local government websites and mobile applications to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards. Public entities with a population of 50,000 or more must ensure their websites and application content meets these standards by April 26, 2026.

Public entities with populations under 50,000 and special purpose districts must comply by April 26, 2027. Public entities that contract with third parties to provide public services must ensure their contractors also meet WCAG 2.1 AA standards by these dates.

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services, programs, or activities because of a disability,” said U.S. Attorney General Merrick Garland.

Web accessibility history

In 1990, the ADA was implemented with a focus on accessibility of physical spaces. Title II of the ADA applies to all state and local governments, including agencies, departments, and special purpose districts. This change expands the ADA into the digital sphere. While other government groups have previously established web accessibility requirements, this is the first time such standards have been added to the ADA.

In 1998, Congress amended the Rehabilitation Act of 1973 and established accessibility standards for federal electronic and information technology under Section 508. Minnesota adopted its first digital accessibility standard for state websites in 2010, based on Section 508 and WCAG 2.0 standards. In 2024, the Minnesota IT Services (MNIT) Office of Accessibility updated the standard to WCAG 2.1 Level AA. States and local governments across the country now join the national effort to ensure web accessibility.

WCAG 2.1 AA standard

The WCAG are technical standards that address barriers to web access for individuals with vision, hearing, cognitive, and manual dexterity disabilities, among others. WCAG 2.1 Level AA is a global accessibility standard that makes website content more functional for all users, especially those with special accessibility needs; the guidelines are available at w3.org/TR/WCAG21/.

WCAG 2.1 includes 13 guidelines organized under four principles, collectively referred to as POUR:

• Perceivable
• Operable
• Understandable
• Robust

Each guideline includes objective success criteria and levels of conformance — A (lowest), AA, and AAA (highest). The adoption of WCAG 2.1 Level AA standard means that public entities must comply with both Level A and Level AA success criteria and conformance requirements outlined in WCAG 2.1. Nothing prohibits a public entity from going beyond the minimum accessibility standards of the rule. In narrow circumstances, public entities may provide an alternative accessible version of content but should do so only as a last resort.

Exceptions to the rule

The rule provides exceptions for certain types of online content. If the content falls under an exception, that generally means the public entity does not need to make the web or application content conform to the WCAG 2.1 Level AA standard. It is important to note that public entities may be required to provide accessible versions of exempt content to individuals upon request.

Compliance exceptions include:

• Archived web content.
• Preexisting conventional electronic documents not used to apply for, gain access to, or participate in the public entity’s services or programs.
• Content posted by a third party, unless the third party has a contractual, licensing, or other arrangement with the agency.
• Password protected conventional electronic documents that are about a specific individual, their property, or their account.
• Preexisting social media posts.

Next steps

Public entities should start planning for the change today. City leaders should familiarize themselves with these requirements and start educating staff and officials. The DOJ has issued a Small Entity Compliance Guide and the World Wide Web Consortium has many resources available.

The MNIT Office of Accessibility also offers free online resources and trainings, including an implementation toolkit. The League of Minnesota Cities will also have upcoming webinars and resources to help cities transition into compliance.

Tori Kee is a staff attorney with the League of Minnesota Cities. Contact: [email protected] or (651) 281-1292.