New: the ADA Title II Compliance Handbook & Toolkit — everything a public agency needs to plan and evidence compliance. See the Handbook & Toolkit

ADA Title II FAQ

Kimberly Springs

Jeffrey Rodgers

February 11 8 min read

ADA Title II: Understanding the New DOJ Rule:
What State & Local Leaders and Businesses Need to Know

What the New DOJ Rule Means for Digital Accessibility in Government

In April 2024, the Department of Justice (DOJ) issued a new rule under Title II of the Americans with Disabilities Act (ADA) to ensure that state and local government digital services—such as websites and mobile applications—are accessible to people with disabilities. This rule has major implications for government agencies, contractors, and businesses working with public entities.

In this article, we break down 20 essential FAQs about the DOJ’s new ADA Title II rule, what it means for government agencies, and how businesses working with these agencies can prepare.

What Is the new DOJ ADA Title II Rule?

The DOJ’s final rule on ADA Title II sets specific accessibility standards for government websites and mobile apps. It ensures that people with disabilities can independently access public services, much like physical ADA compliance ensures wheelchair access to buildings.

Who Needs to Comply?

All state and local government agencies, including:

  • Municipal governments
  • County governments
  • State agencies
  • Special districts (such as public transportation authorities and public utilities)
  • Businesses that contract with public entities to provide digital services

Compliance Timeline

  • April 24, 2026 – Compliance deadline for public entities with 50,000 or more residents.
  • April 26, 2027 – Compliance deadline for smaller public entities and special district governments.

Frequently Asked Questions (FAQs) on the DOJ ADA Title II Rule

1. What are the technical requirements for compliance?

Websites and mobile apps must comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, an internationally recognized standard for digital accessibility. This ensures that text, images, navigation, and interactive elements are accessible to users with disabilities.

Keep in mind that the current version of WCAG is 2.2. If you comply with WCAG 2.2, you will meet all WCAG 2.1 success criteria and nine new criteria. This means WCAG 2.2 Level AA exceeds the requirements of the DOJ rule.

2. What types of government content must be accessible?

All public-facing digital content, including:

  • Websites and online forms
  • Mobile applications
  • PDFs and other downloadable documents
  • Digital payment portals
  • Live and pre-recorded video content

3. What are the consequences of non-compliance?

Agencies that fail to comply may face civil rights complaints, lawsuits, and DOJ enforcement actions. Businesses contracting with governments should ensure their digital solutions meet accessibility standards to avoid legal liability.

Some states, such as Colorado, have fines that can be levied for failure to comply with state accessibility laws. There are no federal fines for failure to comply with the new Title II rule.

4. Do businesses working with governments need to comply?

Yes. If your company provides web design, mobile app development, or IT services to a government entity, your products must be ADA Title II compliant.

Understanding Exemptions Under the ADA Title II Rule

5. Are any types of content exempt from WCAG compliance?

Yes, the DOJ allows five specific exemptions:

  1. Archived web content (not actively used by the public).
  2. Pre-existing electronic documents, unless actively used or required for public services.
  3. Third-party content (not government-created or controlled).
  4. Password-protected, individual-specific documents (e.g., personal account statements).
  5. Pre-existing social media posts.

6. Can governments claim a financial hardship exemption?

Yes, but it requires preparing formal documentation proving compliance would result in an “undue financial and administrative burden.” Agencies must still provide alternative access to digital content.

This means that even if an agency believes it has a digital asset that qualifies for an exemption and prepares documentation to support it, it is still required to provide access to any digital content the public may need, even if that agency does not remediate the asset.

7. How should agencies prepare an exemption request?

There is no form or requirement to submit information to the government to apply for an exemption. Instead, preparing for an exemption means preparing documentation to support the agency’s claim about why the asset was not made accessible.

If a complaint alleging a violation of the DOJ rule is filed, your legal counsel will need the documentation at that time. To prepare an exemption, you should:

  • Identify the specific exemption category.
  • Document why the content qualifies.
  • Describe alternative access methods for users with disabilities.
  • Regularly review exemptions to ensure they remain valid.

ADA Title II Rule & Government Vendors

8. What if a third party operates a government website?

The government agency is still responsible for ensuring the third-party website complies with WCAG 2.1 Level AA. To assist with this, the agency should:

  • Request a VPAT from all third-party developers OR
  • Request a report that shows testing conducted by users of assistive technology, demonstrating accessibility and WCAG compliance.
  • Communicate with the vendor about any remediation they are doing.

Blog: Why VPATs are Important

9. Do digital services or software purchased from vendors need to comply?

Yes. Any IT service, website, software, or app purchased or licensed by a government agency must be accessible from day one. Purchasing agents should request a WCAG VPAT or documentation showing WCAG testing from the vendor and keep it on file.

10. Can a government agency rely on phone-based services instead?

No. The DOJ explicitly rejects call centers or phone lines as an acceptable alternative to an accessible website. Calling by phone should not be the only form of alternative access to digital assets or information.

How to Ensure Compliance with ADA Title II

11. What steps should state and local governments take to comply?

  1. Conduct an accessibility gap analysis to identify compliance issues.
  2. Develop a compliance roadmap based on WCAG 2.1 Level AA.
  3. Train staff on digital accessibility best practices.
  4. Implement an accessibility feedback mechanism for public input.
  5. Monitor and update digital content regularly.
  6. Train procurement staff on accessible purchasing.

12. Are videos required to have captions?

All live-streamed content must have real-time captions to ensure accessibility. Prerecorded video and audio-only content should have at least one of the following alternative formats available to the public.

  • Closed captions
  • Open captions
  • Descriptive transcripts in a digital format

13. Do PDFs and forms need to be accessible?

Yes. All public-facing documents, including forms and reports, must be accessible.

14. What happens if a website fails an accessibility audit?

The agency must remediate issues and ensure compliance before the April 2026 or April 2027 deadline.

The government will not randomly conduct an audit. If a formal complaint has been filed with the state or DOJ, an investigation may involve an audit. Your legal counsel can advise you on how complaints are handled.

15. Can automated tools fully ensure compliance?

No. Automated accessibility checkers can identify some issues, but manual testing with assistive technology is required. Do not rely on automated tools such as Google Lighthouse, WAVE, Axe DevTools, Userway, etc. While useful, do not be misled by high compliance scores from automated scanning tools. They do NOT check all WCAG criteria.

Using automated widgets or overlays is also not acceptable. These tools claim to make any web page accessible at the push of a button. This is not possible. Many of these companies have been sued for false advertising. Relying on overlays is not recommended.

Blog: Why Automated Tools Are Not Enough

16. What should agencies do if they receive an accessibility complaint?

First, notify your legal department or general counsel immediately. Then do the following:

  • Acknowledge the issue.
  • Provide an alternative access method immediately.
  • Work to resolve the complaint as quickly as possible.

17. Should governments publish an accessibility statement?

Yes. Agencies should publicly state their commitment to accessibility and provide contact information for reporting barriers. There are various ways to do this, and an accessibility statement is one of them.

Three More Essential FAQs for Businesses & Governments

18. How does ADA Title II compliance impact procurement?

Governments will require vendors and contractors to meet accessibility standards. Companies must ensure that RFPs and proposals comply with WCAG 2.2 AA or, at a minimum, WCAG 2.1 Level AA.

19. Are small municipalities expected to meet the same standards?

Yes, but they have one extra year (until April 26, 2027) to comply. 

20. How can businesses prepare for ADA Title II compliance?

  • Conduct an accessibility review of your website, apps, and services.
  • Train developers on WCAG 2.1 best practices.
  • Offer accessible digital solutions to government clients.

Final Thoughts: Why This Rule Matters

The new DOJ ADA Title II rule is a game-changer for government agencies and business partners. By ensuring digital accessibility, governments will better serve all citizens, regardless of ability – while avoiding costly legal risks.

For help achieving ADA Title II compliance, reach out to us at Accessiblü. Visit www.accessiblu.com for audits, remediation, and training.

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