ADA Title II: DOJ publishes New Regulations on the Accessibility of Web Information and Services of State and Local Government Entities
The Americans with Disabilities Act Title II web and mobile accessibility regulations were published in the Federal Register today, April 24, 2024.
Technical standards for web and mobile accessibility exist now for state and local government entities, including public K-12 and public higher education institutions.
Read the ADA Title II web and mobile accessibility regulations. (HTML version)
PDF version of the ADA Title II web and mobile accessibility regulations
What is accessibility?
Accessibility refers to the design and implementation of environments, products, services, and information systems that are usable by all people, regardless of their abilities or disabilities. Accessibility aims to eliminate barriers and provide equal access and opportunities for individuals with disabilities. Accessibility encompasses physical spaces such as buildings, transportation, public facilities, websites, apps, documents, software, and online content.
Digital accessibility principles emphasize designing and developing digital products and services to accommodate various assistive technologies, such as screen readers, magnifiers, alternative input devices, and keyboard compatibility. This allows people with disabilities to perceive, understand, navigate, and interact with digital content effectively.
ADA Title II web and mobile accessibility regulations Key Aspects
The new regulations for the Accessibility of Web Information and Services of State and Local Government Entities include specific rules designed to ensure that web content and mobile applications are accessible to people with disabilities. These regulations apply to all state and local government entities under the ADA Title II (Americans with Disabilities Act).
Key aspects of these regulations include:
- Compliance with WCAG 2.1, Level AA: The regulations mandate that all web content and mobile applications must meet the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA. These guidelines cover a range of issues from visual to auditory accessibility, ensuring that content is accessible via screen readers and other assistive technologies.
- Exceptions for Archived Content: There are specific exceptions for archived web content that is not actively used or maintained. For content to be considered under this exception, it must meet all of the following criteria:
- Web content that meets all four of the following points would not need to meet WCAG 2.1, Level AA:
- The content was created before the date the state or local government must comply with this rule, or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before the government must comply with this rule, AND
- The content is kept only for reference, research, or recordkeeping, AND
- The content is kept in a special area for archived content, AND
- The content has not been changed since it was archived.
If any of these conditions are not met, the content must comply with the WCAG 2.1, Level AA standards.
- Exceptions for Preexisting Conventional Electronic Documents: This includes documents that were created before the rules were implemented and are not used to conduct transactions or essential communications. However, if these documents become part of active service or are updated, they must comply with the accessibility standards.
- General Requirements for Effective Communication and Reasonable Modifications: Even if certain content is exempt from full compliance under specific circumstances, state and local governments must provide effective communication and make reasonable modifications when requested by individuals with disabilities.
- Compliance Dates: A public entity, other than a special district government, with a total population of 50,000 or more shall begin complying with this rule on April 24, 2026. A public entity with a total population of less than 50,000 or any public entity that is a special district government shall begin complying with this rule on April 26, 2027.
ADA Title II Web Accessibility Regulations Conclusion
The regulations require state and local government entities to comply with the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA. This means that all web content, including videos, audio files, and PDFs, must be accessible to people with disabilities. The regulations also require state and local government entities to provide an accessible alternative for any content that cannot be made accessible.
The solution to ensuring web and mobile accessibility for state and local government entities is to comply with the new ADA Title II regulations published by the Department of Justice (DOJ). This includes designing and implementing digital environments, products, services, and information systems that are usable by all people, regardless of their abilities or disabilities. The regulations mandate compliance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, which covers a range of issues from visual to auditory accessibility, ensuring that content is accessible via screen readers and other assistive technologies. Overall, compliance with these regulations will eliminate barriers and provide equal access and opportunities for individuals with disabilities.
Confused about the new ADA Title II Regulations and Need help?
To assist state and local governments in navigating the complexities of accessibility regulations and establishing an effective accessibility plan, it is essential to focus on comprehensive training, resources, and consultation. Governments can benefit from detailed workshops and training sessions tailored to understanding the specific requirements of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. These training sessions should cover both technical aspects, such as how to implement text alternatives for images and video captions, and policy dimensions, like establishing clear timelines and responsibilities within departments.
Secondly, leveraging online resources and toolkits provided by entities such as ADA.gov can be invaluable. These resources offer guidelines, best practices, and examples of compliant websites and mobile applications, which can serve as benchmarks.
Lastly, consulting with experts in web accessibility can help identify potential barriers within existing digital content and develop a phased plan for remediation. This may include auditing current digital assets, prioritizing modifications based on usage and impact, and setting achievable compliance milestones. Establishing a clear plan with detailed steps and responsible parties can facilitate a smoother transition to full compliance, ensuring that all users have equal access to public services and information.
By focusing on education, utilizing available resources, and seeking expert advice, state and local governments can effectively meet their obligations under the ADA Title II and enhance the accessibility of their digital landscapes.
Accessibility needs to be woven into the heart of your city leaders, employees, policies, plans, procedures (SOP’s), job descriptions, and so much more. It is a journey that you will navigate through the course of time, that does not end. Schedule a free 30-minute consultation to learn how we can help your municipality or public entity.