Most of us are familiar with the broad requirements of the Americans with Disabilities Act (ADA). After all, it’s been around for more than three decades—the ADA was first signed into law in 1990!
However, it’s important to understand that the ADA is a living, breathing law that continues to change and evolve. Just last year, the Department of Justice updated its Title II regulations to “ensure that web content and mobile applications (apps) are accessible to people with disabilities.” The Americans with Disabilities Act (ADA) Title II now requires all state and local governments, along with their third-party contractors and software vendors, to comply with WCAG 2.1 A/AA standards.
While this change marks a tremendous step toward digital equality, it has also caused some confusion. Here at Deque, we’ve been hearing directly from customers about those areas where they’re looking for clarity. In this post, I’ll share answers to some of the most common questions we’ve been encountering, including those that came in via our ADA Title II webinar (now available on demand).
Let’s get started!
Top 20 ADA Title II questions answered
1. What is the scope of the new ADA Title II requirements?
Under the new requirements, all websites and mobile apps that US state and local governments provide to their constituents and the general public must be accessible to people with disabilities. This includes any online services, information, or activities that the public can access, such as websites for public schools, libraries, voting information, and health services.
One important distinction is that these rules also apply to any third-party vendors that governments use to provide these online services.
2. Do the new ADA Title II requirements apply to internal systems used only by employees of state and local governments?
No, the new Title II rules apply only to websites and mobile apps that state and local governments make available to the public, constituents, and customers. Internal systems, like those used only by government employees, are not included under these new Title II rules.
However, government employers still have responsibilities under Title I of the ADA to make reasonable changes for employees with disabilities. This could mean adjusting internal systems or tools if employees need them to do their job, even though these systems don’t have to follow the new Title II rules directly. An example might be a state or local government agency’s intranet.
3. Are there any accessibility requirements for internal tools used by employees if the organization receives federal funding?
Yes, but not because of ADA Title II.
Under Section 504 of the Rehabilitation Act, any organization that gets federal money must ensure its programs and tools are accessible to employees with disabilities. This means internal tools, such as employee websites, training portals, and other online resources, should be usable by everyone, including people who rely on screen readers or other assistive technology.
4. Do the ADA Title II regulations apply to federal government enterprise information technology (EIT), or just state and local?
No, they do not. The ADA Title II regulations only apply to state and local government EIT.
The federal government has to follow a different set of rules under Section 508 of the Rehabilitation Act. The 508 law requires federal agencies to make their EIT accessible to people with disabilities.
While both sets of rules aim to improve accessibility, Title II of the ADA covers state and local governments, while Section 508 is specifically for the federal government.
5. Does ADA Title II apply to state and local museums?
Yes, Title II of the Americans with Disabilities Act (ADA) applies to state and local museums. Title II requires state and local governments to ensure that individuals with disabilities have equal access to all the programs, services, and activities they offer. This includes public museums, which are considered public entities under the law. Museums are directly referenced in ADA Title II.
6. When ADA Title II refers to “state,” does that only mean US States, or does it also apply to US Territories?
“State” as it is used in ADA Title II refers to each of the states in the US, as well as the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. You can see more about this in the definitions section of the regulation.
7. Do these new ADA Title II requirements apply if a private citizen has a personal website with no direct sales?
No, the new ADA Title II requirements do not apply to personal websites owned by private citizens, especially if no direct sales or public services are offered. Title II of the ADA only applies to websites and mobile apps run by state and local governments. Personal websites, blogs, or hobby sites that don’t offer public services or sell products are not required to meet these new accessibility standards.
8. Do ADA Title II compliance deadlines vary based on the population size of the city, county, or state that the entity serves?
Yes, the Department of Justice (DOJ) has established compliance deadlines for the new ADA Title II requirements based on the population size of the area served by the government entity.
By definition, “State” means each of the 50 US states, as well as the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. Local government applies to county, city, town, and municipal governments.
- For entities serving 50,000 or more people, compliance is required by April 24, 2026 (two years after the rule’s publication).
- For entities serving fewer than 50,000 people, compliance is required by April 26, 2027 (three years after the rule’s publication).
- For special district governments, compliance is also required by April 26, 2027.
9. For universities or school districts, does the compliance deadline depend on the size of the student body or the service area’s population?
The compliance deadline for public universities or school districts depends on the population of the area they serve, not the size of the student body. For example, if a school district has 50,000 or more people, the deadline is sooner than for areas with fewer than 50,000 people.
While these new ADA Title II requirements and deadlines do not apply to private universities and school districts, these private entities are still required by ADA Title III to make their digital offerings accessible to students, parents, and guardians.
10. What’s the recommended WCAG standard for compliance under Title II, and will there be updates in the future?
The WCAG standard for compliance under Title II is WCAG 2.1, Level A and AA. This standard includes guidelines to make websites and apps accessible to people with disabilities. As accessibility standards evolve, the Department of Justice may update this requirement in the future to align with newer versions, such as WCAG 2.2.
11. Are there any specific exceptions outlined in the Title II regulations, and where can someone find a list?
There are five specific exceptions to the Title II regulation, categorized as follows:
- Archived web content
- Preexisting conventional electronic documents
- Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a state or local government
- Individualized documents that are password-protected
- Preexisting social media posts
You can read more about these five exceptions to gain additional detail.
12. If a lawyer uploads a legal filing on behalf of their client to a state or local government online portal, do the documents have to be accessible?
It depends on whether the lawyer is independent (not affiliated with state or local government) and if the lawyer’s client is a public entity.
- If the lawyer is an employee of a state or local government, they are required to file accessible legal documents.
- If the lawyer is independent (meaning, they are not an employee of a state or local government) and are filing for their private client, they are exempt. They would not be required to file accessible legal documents.
- If the lawyer is independent but has been hired by a state or local government and is filing for their state or local government client, they are required to file accessible legal documents.
13. How will the new Title II requirements affect visuals for state and local websites, tourism campaigns, and social media?
Title II requires all visual and multimedia content on state and local government digital platforms to be accessible to individuals with disabilities. This includes websites, tourism campaigns, and social media. Compliance with the regulation means meeting the WCAG 2.1 A and AA standards.
There are some exceptions for archived web content and preexisting social media posts. You can check out the five exceptions in detail.
14. How can state and local government entities address accessibility for public-facing content and documents that are user-uploaded and may not be in accessible formats?
The requirements vary depending on who the user is. The content must be accessible if the person uploading and posting the public-facing content to the state or local government entity website is:
- a state or local government entity employee
- someone who is posting due to a contractual or licensing obligation with the state or local government entity
If a member of the public is posting as an individual and is doing so free of any job, contract, or license agreements with the state or local government, then the content is not required to be accessible. Examples of this include public comments on a government forum or when a member of the public uploads a document to a government site to individually apply for, access, or participate in local government services, programs, or activities. (Note: if something uploaded by a member of the public becomes a way for other constituents to apply for, access, or participate in state or local government services, programs, or activities, then the content must be accessible.)
15. Are PDFs or scanned documents required to be accessible if posted on a public state or local government entity website, and are there exceptions?
PDFs and scanned documents posted on a public state or local government entity website must be accessible if they meet any one of the following:
- They were posted on or after your entity’s ADA Title II compliance date.
- They were edited on or after your entity’s ADA Title II compliance date.
- They are currently being used to apply for, access, or participate in your state or local government’s services, programs, or activities.
There are some exceptions. Documents are exempt if they meet all of the following:
- They were posted before your entity’s ADA Title II compliance date.
- They have not been edited or updated since your entity’s ADA Title II compliance date.
- They are kept in a special website area clearly marked as an archive.
- They are not currently being used to apply for, access, or participate in your state or local government’s services, programs, or activities.
You can read more about these exceptions to learn additional details.
16. What should organizations do about historical or “archived” social media posts and documents under these new guidelines?
Preexisting social media posts are exempt from the new requirements. Any social media posts made before the ADA Title II compliance date for your state or local government entity do not need to be accessible or archived.
Historical digital documents are potentially exempt from this requirement as well, provided they meet all five of the following:
- The content was created before the compliance date for your state or local government entity, or it must reproduce physical media (e.g., paper documents, audiotapes, film negatives, CD-ROMs) created before that date.
- The content is kept only for reference, research, or recordkeeping.
- The content is kept in a special area for archived content.
- The content has not been changed since it was archived.
- The content is not currently being used to apply for, access, or participate in your state or local government’s services, programs, or activities.
Regarding archived web content specifically, it’s important to know that archived content that does not meet WCAG 2.1 Level AA must be made accessible if an individual with a disability requests access to the content. You can read more about this use case to get additional details.
17. How does Title II impact third-party content or vendors? Who is liable for compliance, the government entity or the third-party contractor?
Title II of the Americans with Disabilities Act (ADA) places the ultimate responsibility for compliance on the government entity, even when third-party vendors provide content or services. Here’s how this impacts third-party content and vendor relationships:
Primary liability of government entities
Under Title II, government entities are responsible for ensuring that all public-facing digital content, including content provided or managed by third parties, complies with accessibility standards such as WCAG 2.1 Level AA. This means the government entity cannot transfer its obligations under Title II to third-party contractors.
Role of third-party vendors
Third-party vendors are considered agents of the government entity. Therefore, while third-party vendors play a critical role in creating or managing digital content, the government entity is responsible for ensuring that vendors adhere to accessibility requirements.
Contractual obligations
Government entities should include explicit accessibility requirements in their contracts with vendors. These contracts should:
- Require compliance with WCAG 2.1 Level AA or other applicable accessibility standards.
- Include provisions for monitoring and verifying compliance.
- Clearly define consequences for non-compliance, such as withholding payment or requiring remediation.
Shared responsibility for compliance:
If a vendor fails to meet accessibility standards, the government entity remains liable. However, the vendor may also face legal or financial repercussions depending on the terms of the contract.
18. Do quick-fix accessibility overlays or widgets meet the requirements for accessibility under ADA Title II?
No, quick-fix accessibility overlays or widgets do not meet ADA Title II requirements. In fact, accessibility overlays or widgets often introduce new barriers and have been the subject of legal challenges. Below are some recent examples:
- FTC Order Requires Online Marketer to Pay $1 Million for Deceptive Claims that its AI Product Could Make Websites Compliant with Accessibility Guidelines
- Active Accessibility Compliant Against AccessiBe
- What’s Wrong with Quick-Fix Products for Digital Accessibility
19. Is a third-party expert accessibility audit required for compliance, or can in-house teams conduct these audits if they have proper training?
A third-party expert accessibility audit is not explicitly required under ADA Title II. However, while in-house audits are permissible if the team is adequately trained, third-party audits add value in ensuring thoroughness and credibility.
For critical evaluations, a combination of in-house and third-party expert audits is ideal. In-house teams (well-versed in WCAG 2.1 Level AA standards and capable of using both automated tools and manual testing methods) can address routine accessibility checks while periodic third-party expert audits validate compliance and identify gaps the internal team may overlook.
Third-party expert auditors bring specialized knowledge and can provide an unbiased perspective on compliance. Third-party expert reports can demonstrate due diligence in accessibility efforts, which may be beneficial in legal or compliance scenarios. Third-party expert auditors can reliably provide actionable recommendations based on industry best practices.
20. What are some effective tools for testing and ensuring compliance with accessibility standards?
Deque offers a comprehensive suite of tools and resources to help organizations meet accessibility standards like WCAG, Section 508, and EN 301 549. These include:
- axe DevTools: A browser extension that integrates into development workflows for automated and guided manual testing to quickly identify and fix accessibility issues.
- axe Monitor: A website monitoring tool that tracks accessibility compliance over time with actionable insights and reporting.
- axe Auditor: A manual testing tool for detailed audits aligned with WCAG standards.
Additionally, Deque University, an extensive online training platform, offers role-based courses on accessibility best practices, tools, and certifications like CPACC to empower teams with accessibility expertise. Finally, Deque also offers expert audits, remediation support, and strategic consulting tailored to your organizational needs.
Follow up
Deque’s experts are here to help your organization navigate ADA Title II compliance—and any other compliance matters as well! For more about ADA Title II, please read my previous article: ADA Title II: Urgent digital accessibility requirements for US state and local governments and their third-party vendors. You can also access Deque’s recently published ADI Title II infographic (PDF) as a handy resource. Finally, you can reach out directly today to schedule a strategic consultation.
Together, we can make digital equality a reality for all!