Title II of the Americans with Disabilities Act (ADA) requires all state and local governments to provide qualified individuals with disabilities equal access to their programs, services and activities. This includes services, programs and activities public entities provide online or through mobile applications (apps), for example board meeting minutes, public records and paying taxes.

In April 2024, the federal regulations implementing Title II were updated to include a new rule requiring public entities to comply with specific technical standards when offering services, programs and activities to the public through web content and mobile apps. These standards ensure that digitally offered services, programs and activities are accessible to individuals with disabilities.

All state and local governments are required to comply with the rule. The deadline for public entities to comply with the rule depends on the size of the jurisdiction. See the table for specific deadline requirements. Members are encouraged to begin working on changes to their websites, apps and other digital services, programs and activities to ensure compliance by their designated deadlines.

New Standard: WCAG 2.1 Level AA

Under the new regulations, public entities’ web content and mobile apps must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG is a set of internationally recognized technical standards that define how to make digital content more accessible to all users, including those with disabilities. It is composed of general guidelines with various testable success criteria for each guideline.

Fifty success criteria must be met to conform with WCAG 2.1 Level AA. Examples of some of the criteria include:

• Ensuring sufficient color contrast between text and background (contrast ratio of at least 4.5:1)
• Providing alternative text for nontext content
• Providing captions for videos with audio, including live audio and prerecorded content
• Making text resizable without losing content or function
• Allowing for different page orientation (i.e., portrait or landscape) so it is not restricted to one orientation
• Providing an option to turn off functions that are triggered by motion (e.g., shaking a device to undo typing)
• Clearly indicate errors on forms and provide helpful guidance for users to correct mistakes

Generally, all 50 success criteria must be satisfied for web content or mobile apps to conform to WCAG 2.1 Level AA and Title II requirements.

Third-party Providers Subject to Rule

The regulatory rule applies whether the public entity provides the web content or mobile app directly (e.g., county’s website) or through a third party as part of a contractual, licensing or other agreement.

The rule also applies to content the public entity provides elsewhere on the web or in mobile apps, including content the public entity posts on a social media platform.

Best Practices for Compliance

Members can take the following steps to ensure compliance with the rule:

• Understand the compliance requirements and train necessary staff (e.g., digital content creators) on WCAG 2.1 guidelines.
• Review current web content, mobile apps and third-party services to determine whether they meet WCAG 2.1 Level AA standards and fix any accessibility issues.
• Establish and implement a plan to ensure all web content and apps comply with the standards before the compliance deadline.
• Monitor web content and apps and maintain accessibility.

For more information about the new requirements and other relevant state and federal laws, see Website Accessibility for Individuals with Disabilities.

Website accessibility can involve complex legal and technical issues. MCIT recommends members contact legal counsel with questions about the Americans with Disabilities Act and other accessibility laws. Members may also want to discuss website accessibility and any questions about applying the technical requirements with their information technology staff or website developer.