The Department of Justice (DOJ) recently published a new resource document containing step-by-step guidance for state and local governments on how to comply with newly instituted regulations requiring accessible website content. This guide aims to alleviate the complexities associated with meeting accessibility standards, ultimately fostering inclusivity for all users, including those with disabilities.
The new document coincides with the DOJ’s Title II rules announced in April 2024, which mandates that state and local government entities adhere to specific technical standards as outlined by the Web Content Accessibility Guidelines (WCAG). These standards provide a framework to ensure that websites and mobile applications are accessible to individuals with a range of disabilities, including visual, auditory, physical, and cognitive impairments.
Below are the key steps that the DOJ recommends.
Step 1: Familiarize Yourself with Title II Rules
To effectively navigate the requirements associated with Title II, it’s essential to first familiarize yourself with the relevant rules, including learning about text alternatives, multimedia accessibility (such as captions and transcripts), as well as knowing how to ensure that all website functionalities are accessible using a keyboard and forms are designed with proper labels, and more.
Taking the time to thoroughly review and comprehend these rules can significantly enhance your overall efficiency and effectiveness in addressing related issues. The DOJ also published a Fact Sheet for extra guidance.
Additionally, if you are a third party that works with a government entity, the DOJ also has a Small Entity Compliance Guide.
EcomBack resources to check out:
- Title II ADA Web Accessibility Guide for State and Local Governments
- Digital Accessibility Guide for State and Local Governments
Step 2: Know the Deadline for Title II Compliance
It’s essential to be fully aware of the specific deadline for Title II compliance to ensure that all necessary adjustments are made in a timely manner.
- State or local governments with a population of 50,000 or more: April 24, 2026
- Entities with a population of 0 to 49,999: April 26, 2027
- Special district governments: April 26, 2027
Step 3: Ensure the Entire Staff Know Their Responsibilities
Identify staff members in your organization who are responsible for ensuring digital assets meet WCAG standards. This includes IT, marketing, and legal. The DOJ’s resource document suggests individuals should understand their roles.
If your staff lacks the expertise, consider hiring an outside expert for training. (EcomBack can help.)
Step 4: Educate & Train Staff
Personnel responsible for WCAG compliance need role-specific training. Web designers and marketing staff, for example, focus on accessible design principles, whereas marketing staff are responsible for creating inclusive marketing materials. Meanwhile, IT personnel must understand technical implementations.
EcomBack can facilitate training sessions and ensure that your team is equipped with the knowledge and skills to uphold accessibility standards effectively.
Step 5: Identify Types of Content
Before tackling digital accessibility, entities need to pinpoint the websites, mobile applications, and other digital content they offer to the public, including external platforms (such as social media) where other content is hosted. Then, compile a comprehensive list. Make sure to also specify the types of content, including PDFs, videos, and images.
Step 6: Understand What the Exceptions Are
Title II exempts certain web content from the requirement to conform to WCAG, such as archived content, content posted by third parties, password-protected portals, preexisting electronic documents (including PDFs), and old social media posts.
Step 7: Determine What Issues Need to be Fixed
Conduct an audit of content to assess compliance with the WCAG 2.1 AA success criteria. This helps identify which elements don’t meet these standards and require fixing.
However, the DOJ stresses that relying solely on automated testing tools is insufficient for a complete evaluation of accessibility, as they cannot catch every issue. EcomBack conducts a comprehensive audit that includes both automated and manual assessments.
Step 8: Prioritize Remediation
The Department of Justice (DOJ) recommends a strategic approach to address accessibility issues by concentrating on the remediation of the following key areas:
- Impact on Key Tasks: Prioritize fixing accessibility barriers that disrupt essential functionalities on the website, such as submitting forms, completing transactions, or accessing critical information.
- Frequently Accessed Content: Remediate issues in content that users interact with most often.
- User-Reported Inaccessibility: Address content that has been specifically flagged as inaccessible by users with disabilities.
- Presence on Multiple Pages: Tackle accessibility problems that appear consistently across several web pages, such as navigation menus and the search bar.
- Templates: Content based on templates that may contain the same accessibility barriers.
- Content Under Development: Prioritize accessibility during the development phase of new content or features. By integrating accessibility into the design and testing process, potential issues can be identified and resolved before launch.
Step 9: Review Relevant Vendor Contracts
Many entities hire third-party vendors to create or provide content for their websites and mobile apps. The DOJ suggests reviewing contracts with vendors and figuring out whether any changes need to be made to ensure that the content they provide or post for your state or local government is accessible.
When negotiating contracts with vendors, public entities may require the following:
- Vendors to provide detailed information about their product’s level of accessibility.
- Inclusion of a warranty in the contracts that ensures vendors comply with specific technical standards
- Prohibit vendors from disclaiming any accessibility warranties and require vendors to offer indemnification in the event of a breach of such warranties.
Step 10: Create Policies for Digital Accessibility
The DOJ strongly recommends that entities have digital accessibility policies, which should outline accessibility goals, roles and responsibilities, content preparation processes, and quality assurance measures.
EcomBack Helps Public Entities Achieve Title II Compliance
By adhering to the WCAG standards, government agencies can ensure that their websites and apps are accessible to everyone, including those with disabilities.
Partner with EcomBack, and we’ll ensure your public organization and all your digital content meet the necessary requirements and prevent litigation. EcomBack’s compliance offering helps public entities navigate the complexities of Title II. Our expert team offers comprehensive audits, training sessions, and remediation services designed to address accessibility gaps.
