Website Accessibility for Individuals with Disabilities

Minnesota public entities provide a wealth of information and services online, whether it is county board meeting minutes, public records or ability to pay taxes. As such, public entities must ensure that website and social media content is accessible to everyone, including individuals with disabilities—both state and federal law require it.

Because accessing the Internet can pose a challenge for individuals with disabilities, many disabled users rely upon assistive technologies for help. For example:

• A person who is visually impaired may use a tactile braille display or a screen-reader application that speaks the text to read information that otherwise would be visually displayed on a monitor.
• Individuals with low vision may need to manipulate the font size and color settings on a website to make text readable.
• People with limited manual dexterity may use alternative input devices, such as an electronic pointing device, instead of a mouse, to navigate websites.

Americans with Disabilities Act

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, unless doing so would fundamentally alter the nature of such programs, services or activities, or would impose an undue burden. This includes services, programs and activities that public entities provide online or through mobile applications (apps).

Technical Standards

In April 2024, the federal regulations implementing Title II were updated, including adding specific technical standards for making services, programs and activities that public entities offer to the public through web content and mobile apps accessible.¹ The rule now requires web content and mobile apps to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

WCAG 2.1 is a set of internationally recognized technical standards that define how to make digital content more accessible to all users, including those with disabilities. WCAG 2.1 is composed of general guidelines with various testable success criteria for each guideline.

The success criteria have three levels of conformance: A, AA and AAA. Each level indicates a measure of accessibility, with Level AAA being the highest. Each level has different success criteria that must be met for conformance with that level, and the levels build on each other. Therefore, the success criteria for both Level A and Level AA must be met to attain Level AAA conformance.

The ADA Title II regulatory rule established WCAG 2.1 Level AA as the technical standard for accessibility compliance. Fifty success criteria must be met for conformance with WCAG 2.1 Level AA. Examples of some of the success 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 of the success criteria must be satisfied for web content or mobile apps to conform to WCAG 2.1 Level AA and Title II requirements.

Rule Is for Minimum Requirements

The regulatory rule provides the minimum requirements, but public entities can decide to adopt a standard beyond those minimum standards if it results in substantially equivalent or greater accessibility and usability of web content and mobile apps.

For example, some public entities may choose to implement WCAG 2.2 Level AA because it was adopted more recently than WCAG 2.1 and includes additional success criteria that may provide more accessibility. Note: It is not recommended that a public entity adopt Level AAA as the required standard because some content may not be able to satisfy the Level AAA requirements.

Rule Applies to Third-party Providers

The regulatory rule applies whether the public entity provides the web content or mobile app directly or through contractual, licensing or other arrangements with a third party. It also applies to content located on the public entity’s own website or mobile app, and content the public entity provides elsewhere on the web or in mobile apps, including content the public entity posts on a social media platform.²

Review, Update Accessibility Regularly

Once a public entity begins complying with the rule, it is recommended as a best practice that the entity review its web content and mobile apps for accessibility on a regular basis (e.g., every few years) to ensure compliance.

As a best practice, a public entity may provide an accessibility statement on its website that informs the public how to bring web content or mobile app accessibility problems to the public entity’s attention. Public entities may also consider developing and implementing a procedure for reviewing and addressing accessibility issues raised by the public.

Exceptions to Requirements

Generally, a public entity’s web content and mobile apps must meet WCAG 2.1 Level AA success criteria and conformance requirements to meet the entity’s obligations under Title II. However, some limited exceptions exist for certain types of content that do not have to meet WCAG 2.1 Level AA.

Exceptions are allowed for five specific types of content that are not frequently used or that may be difficult to address initially:

1. Archived web content
2. Preexisting conventional electronic documents,³ unless they are currently used to apply for, gain access to or participate in the public entity’s services, programs or activities
3. Content posted by a third party, unless the third party is posting due to contractual, licensing or other arrangements with the public entity
4. Individualized, password-protected or otherwise secured conventional electronic documents
5. Preexisting social media posts

Each exception has specific requirements that must be met for the exception to apply. If all requirements are not met, the exception will not apply.

If one of these exceptions applies, the public entity generally is not required to comply with WCAG 2.1 Level AA, but the public entity may need to provide the content in an accessible version upon request.

Other Information About Complying

In addition to the five exceptions, full compliance with the rule may not be required in limited circumstances.

If a public entity can demonstrate that compliance with the rule’s requirements would result in a fundamental alteration in the nature of a service, program or activity, or would result in undue financial and administrative burdens, then the public entity is only required to comply with the rule to extent that it does not result in a fundamental alteration or undue financial and administrative burden. ⁴

The public entity has the burden to prove that complying with all of the requirements would result in such an alteration or burden. If full compliance is not required, the entity must comply with the rule to the maximum extent possible.

For example, if a public library held an art contest and allowed the public to view and vote on the submissions on the library’s website. It would be a fundamental alteration to require the library to modify each submission to satisfy the rule’s technical requirements, such as modifying colors to meet contrast requirements. However, the library would be required to comply with any requirements that would not result in an alteration to ensure that individuals with disabilities could participate in the contest to the maximum extent possible.

Full compliance also may not be required and the public entity may use a conforming alternate version of the web content to comply with the rule if it is not possible to make the web content directly accessible due to technical or legal limitations.

A “conforming alternate version” is a separate web page that is accessible, up to date, contains the same information and functionality as the inaccessible web page, and can be reached via a conforming page or an accessibility-supported mechanism.

The purpose of using a conforming alternate version is to provide individuals with disabilities access to the information and functionality provided to people without disabilities by way of a separate web page. This should be used rarely and only when it is not possible to make the content accessible for reasons beyond the entity’s control.

For example, a public entity would not be permitted to use a conforming alternate version just because the entity’s web developer lacked the knowledge or training needed to make the content accessible. In contrast, a public entity could potentially use a conforming alternate version if its web content included a new technology that is not yet possible to make accessible.

Lastly, in rare circumstances, a public entity may be deemed to have complied with the rule even though the entity’s web content or mobile app does not perfectly conform to the technical standards if the entity can demonstrate that the nonconformance is so minor that it would not change a person with a disability’s access to the web content or app.

The public entity must demonstrate that the user experience for individuals with disabilities is substantially equivalent to the experience of individuals without disabilities even though the web content or mobile app does not fully conform to the technical standard.

For example, if the color contrast ratio for some text on a website is 4.45:1 instead of 4.5:1 as the rule requires or the spacing between words is only .15 times the font size instead of .16 times as required by the rule. These very small differences probably would not change whether most people with vision disabilities could read the text.

If the entity can prove the difference is so small that it would not make it harder for people with disabilities to access the web content and information, the entity would not violate the rule.

Members should consult with legal counsel if they believe one of the exceptions or these other situations may apply.

Deadline for Compliance

The deadline for public entities to be in compliance with the rule depends on the size of the jurisdiction, as noted below.

Compliance Date	Jurisdiction Size
April 24, 2026	50,000 or more persons
April 26, 2027	0 to 49,999 persons
April 26, 2027	Special district governments

 

The government size is based on the total population of the public entity. This is generally determined by the population estimate for that public entity as calculated by the United State Census Bureau in the most recent decennial Census.

If the public entity does not have a population calculated by the Census Bureau (other than special districts and independent school districts), but the entity is an instrumentality or a commuter authority of one or more state or local governments that do have a population estimate, then the population of the entity is determined by the combined population of any state or local governments of which the entity is an instrumentality or commuter authority.

For example, a county sheriff’s office is an instrumentality of a county and the county population would be used to determine the government size.

A “special district government” is “a public entity—other than a county, municipality, township, or independent school district—authorized by State law to provide one function or a limited number of designated functions with sufficient administrative and fiscal autonomy to qualify as a separate government and whose population is not calculated by the United States Census Bureau in the most recent decennial Census or Small Area Income and Poverty Estimates.” (28 CFR § 35.104)

Examples of special district governments include mosquito abatement districts, utility districts, transit authorities, water and sewer boards, and zoning districts.

Best Practices to Comply with Website Accessibility Requirements

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.

If a public entity fails to comply with the web content and mobile app accessibility rule, there may be significant legal implications. This could include private lawsuits or complaints filed with the Department of Justice.

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

Other Relevant Laws

The Minnesota Human Rights Act also imposes requirements for the provision of public services (Minn. Stat. § 363A.12), access to public records (Minn. Stat. § 363A.42), and access to continuing education (Minn. Stat. § 363A.43). These provisions generally:

• Prohibit discrimination based on disability.
• Require public entities to ensure access for individuals with disabilities.
• Require reasonable modification be made to any policies or practices that might otherwise deny equal access to records to individuals with disabilities.

For public entities receiving federal funding, Section 504 of the federal Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance. The Section 504 regulatory rule contains obligations similar to Title II related to the accessibility of websites and digital content, including requiring compliance with WCAG 2.1 Level AA.⁵

Although the rules have some similarities, the Section 504 rule may have different requirements and addresses some topics the Title II rule does not, including accessibility of programs and activities provided through kiosks.

Available Resources

The following resources may be helpful when evaluating online accessibility.

• Minnesota IT Services website (MN.gov/mnit): The State of Minnesota IT Services Office of Accessibility has a number of helpful resources on using technology to promote accessibility. The office also has information about how to procure accessible information technology products and services.
• S. Department of Justice website for the ADA (ADA.gov): The DOJ provides guidance for state and local governments on accessible websites for people with disabilities. One useful item is Accessibility of Web Content and Mobile Apps Provided by State and Local Government Entities: A Small Entity Compliance Guide.
• DOJ toll-free ADA Information Line, 1.800.514.0301 (voice) and 1.833.610.1264 (TTY): The information line is available for the public to call for assistance understanding the Title II regulations.
• Section508.gov: Section 508 of the federal Rehabilitation Act requires that federal agencies’ electronic and information technology be accessible to people with disabilities. Although Section 508 only applies to federal agencies, the accessibility guidance provided on the federal website may be instructive.
• World Wide Web Consortium (W3C) website (W3.org): The W3C is an international community that develops standards to ensure the long-term growth of the web. W3C publishes the Web Content Accessibility Guidelines (WCAG). The Web Content Accessibility Guidelines 2.1 Level AA can be found at: W3.org/TR/2018/REC-WCAG21-20180605/ and https://perma.cc/UB8A-GG2F.
• S. Department of Health and Human Services website for Section 504 of the Rehabilitation Act of 1973 (HHS.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973): HHS provides some information about the Section 504 regulatory rule, including a link to the rule and a fact sheet.

¹ 28 CFR Part 35.

² The public entity is not required to ensure that the platform itself conforms to WCAG 2.1 Level AA. The public entity’s posts must generally conform to the rule’s requirements. For example, a public entity posting a picture should include alt text if the platform allows it.

³ Conventional electronic documents are limited to PDFs, word processor file formats, presentation file formats and spreadsheet file formats. The exception does not apply to documents in other formats.

⁴ See 28 CFR §§ 35.200(b) and 35.204.

⁵ See 45 CFR Part 84.