Understanding Title II ADA Website Accessibility
The internet has become an integral part of our lives, including transforming how state and local governments serve U.S. citizens by giving them easy online access to public services such as filing taxes, registering to vote, applying for a business license, getting a driver’s license renewed, and registering for classes, among other activities.
Accessing online content can be challenging at times. When websites lack accessibility features, individuals with disabilities are denied equal access. Recognizing this issue, the U.S. Department of Justice (DOJ) proposed a new rule under Title II of the Americans with Disabilities Act (ADA), which was officially signed by the Attorney General in April 2024.
EcomBack, a provider of web accessibility services, has created a comprehensive guideline to help those who may be struggling to understand Title II ADA’s new requirements for digital accessibility and public sector web compliance. In this guide, we’ll cover the importance of Title II, who it applies to, what the requirements are, and how to have an accessible website.
What is Title II ADA?
The recent update to the rule requires state and local governments to ensure their websites and mobile applications are designed in a way that is accessible and inclusive for all individuals, including those with disabilities. This means that these digital platforms should be usable by people with various disabilities, such as visual, hearing, motor, and cognitive disabilities.
Why is Title II important?
What’s most notable about the new rule is that this is the first time that the DOJ has set clear technical requirements for public entities on how to make digital platforms accessible. As both public and private businesses face legal actions surrounding the inaccessibility of web content, many are seeking guidance from the government on the meaning of ADA compliance.
The long-awaited rule represents an important step forward in fulfilling the ADA’s commitment to ensuring equal inclusion in society for individuals with disabilities.
Who is impacted by the ADA Title II rule?
State, local, and district government entities are required to comply with Title II. Meanwhile, Title I protects job seekers, whereas Title III applies to private businesses.
Examples include:
- State and local courts
- State and local election offices
- Special purpose districts
- State executive agencies
- School districts
- Public universities
- Community colleges
- Police departments
- Public transportation
- Park management
- Public libraries
- Public hospitals
- Public healthcare clinics
- Public museums
- Volunteer fire departments
- And more.
Additionally, third-party companies contracted by state or local governments to provide public service must adhere to these regulations. For example, if a government-owned website partners with a third-party app developer to leverage payment technology, it must meet accessibility standards.
What is a public entity?
A public entity is one that provides a public service and has a relationship with the government. Public entities typically operate with public funds, receive government assistance (such as property or equipment), or are governed by board members appointed by elected officials.
When are public entities mandated to comply with Title II?
- April 24, 2026: Larger public entities with a population over 50,000.
- April 26, 2027: Special district governments and smaller entities with fewer than 50,000 residents.
ADA Title II Requirements for Public Sector Web Compliance
When it comes to ensuring that public sector websites comply with the ADA Title II regulations, governments must abide by the internationally recognized web accessibility standards defined by the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA standards. EcomBack delves deeper into WCAG 2.1 and the specific criteria in our other blogs.
The new rule’s digital accessibility standards apply to all new and updated content, as well as frequently accessed older content. This includes digital documents such as PDFs, spreadsheets, and presentation files, along with web content like text, video, audio files, and social media posts.
There are exceptions, however.
- Archived web content
- Pre-existing electronic documents that aren’t frequently accessed
- Individualized and password-protected documents
- Pre-existing social media posts
- Content made by third-party and independent members of the community (For example, commenting on an Instagram post, which a public entity doesn’t have control over)
In addition to digital content, all aspects of the website should be accessible, including functionality and design. Public entities need to make sure their online platforms have consistent navigation options, image and media alternatives, identifiable interactive elements, and sufficient contrast between text and background.
The official version of the rule can be found here.
How does the Department of Justice enforce ADA Title II regulations?
The DOJ is responsible for enforcing ADA Title II regulations. It may take a few enforcement actions, including filing lawsuits in federal courts or entering into settlement agreements with state and local governments.
Affordable Website Accessibility Solution with EcomBack
Public agencies that need accessibility consultants should seek assistance from EcomBack, a member of the W3C and the International Association of Accessibility Professionals.
EcomBack can provide the following Web ADA Accessibility Services:
- Web Accessibility Audits: A comprehensive assessment to detect accessibility barriers.
- Remediation Services: Expert developers promptly solve issues found in the audit to ensure all digital assets are ADA-compliant and WCAG-compliant.
- Accessibility Testing & Monitoring: Perform ongoing testing to ensure the website remains accessible.
Visit EcomBack’s website for more information, and contact us if you have any questions.