ADA Title II: New Requirements and Compliance

On April 8, 2024, the U.S. Department of Justice (DOJ) finalized a rule under Title II of the Americans with Disabilities Act(opens in a new tab) (ADA) that requires state and local governments receiving federal funding to make their websites and mobile apps accessible. This update sets clear digital accessibility standards, ensuring people with disabilities can use online services just like anyone else. Organizations must act now to meet these requirements, stay on schedule, and avoid accessibility gaps. 

Below, we’ll explain who is affected by the new changes, review key deadlines, and discuss practical steps for meeting the updated ADA compliance standards.

What is Title II of the ADA?

Title II of the ADA(opens in a new tab) is a civil rights act that prohibits discrimination based on disability in places of public accommodation. The act applies specifically to state and local government entities and public areas. Under Title II, government municipalities are required to make reasonable accommodations for individuals with disabilities in both physical and online spaces, including websites and mobile apps. 

To comply with Title II of the ADA, municipalities must meet the accessibility standards outlined in the Web Content Accessibility Guidelines (WCAG). More specifically, WCAG 2.2 Level AA. 

ADA Title II Revisions and Modifications

The revisions to Title II clarify which digital content must be accessible under the ADA and establish enforceable standards for websites and mobile apps. The rule reflects the DOJ’s position that access to digital content is essential for people with disabilities to fully participate in modern life. 

Under the new requirements, public-facing digital content must meet WCAG 2.2 Level AA, including PDFs, online documents, social media posts, and audio and video content published by state and local government agencies. 

By setting clear technical standards, the rule removes uncertainty and gives organizations a straightforward path to making essential digital services accessible. 

Who Does ADA Title II Regulations Apply To? 

Title II applies to state and local government agencies, including:

• State executive legislatures

• Towns and cities

• Counties

• School districts

• Local government programs

• Public education institutions

• Public schools

• Universities and community colleges

• Special-purpose districts

• Water districts

• Public transportation and transportation services

• Regional transit authorities such as AMTRAK

• State and local government instrumentalities

It’s important to call out that Title II does not apply to federal government agencies. Instead, federal law requires these agencies to comply with Section 508 of the Rehabilitation Act. 

How Do ADA Title II Regulations Apply to Third Parties?

Under Title II, public entities must ensure third parties — such as agencies, vendors, and service providers — also comply with nondiscrimination laws when creating digital content. More simply, any content created by a third party and made available by a government agency must be accessible. 

For example, if a city government agency contracts with an outside mobile app developer to collect parking payments, the app must conform to WCAG 2.2 Level AA requirements. 

When Does ADA Title II Enforcement Begin?

The timeline for enforcement is dependent on the size of the organization; for example:

• Organizations with more than 50,000 employees must be compliant by April 24, 2026.

• Organizations with fewer than 50,000 employees have until April 26, 2027 to meet compliance standards. 

• All special district governments also have until April 26, 2027 to be compliant. 

What are the Risks of Non-Compliance?

The primary risk of non-compliance with Title II is enforcement action. While the rule does not introduce new enforcement mechanisms, the DOJ can still pursue lawsuits, settlements, and administrative auctions against non-compliant agencies. 

State and local governments may also face complaints from advocacy groups and individuals with disabilities, who now have clearer standards to reference. These actions can lead to costly litigation, court-ordered accessibility fixes on tight timelines, reputational harm, and — in some cases — the loss of federal funding.

How Can Organizations Move Towards ADA Title II Compliance?

Even though organizations have some time to meet ADA requirements, it’s critical to take action now. The best place to start? Understanding how accessible your current digital content is. Running a scan with a website accessibility checker — like this one from AudioEye — can surface common issues such as missing alt text, low color contrast, or unlabeled form fields. These results give you a clear starting point for meeting ADA Title II requirements. 

From there, go beyond automated testing. Pair your scan results with expert audits and testing by people with disabilities to uncover more complex barriers that tools can’t reliably detect — like keyboard navigation issues, confusing content structure, or inaccessible documents. 

To make progress towards meeting ADA Title II website requirements, organizations should:

• Audit existing websites, mobile apps, and digital documents against WCAG 2.2 Level AA.

• Prioritize fixes by impact and risk, starting with high-traffic, essential services. 

• Update workflows and templates so new content is accessible right from the start. 

• Train content creators and developers in accessibility best practices regularly. 

• Re-test regularly to maintain accessibility as content and features change. 

Taking these steps helps close accessibility gaps, improve usability for everyone, and align your digital content with Title II requirements. 

Accessibility Compliance: Automation and Expert Help from AudioEye

Staying compliant with evolving accessibility standards can feel overwhelming — especially for larger organizations, which have less than a year to meet compliance requirements. But it doesn’t have to. With AudioEye, creating an accessible design — one that adheres to ADA standards — is simple and straightforward.

AudioEye takes a holistic approach to accessibility, expertly combining powerful automation and human-assisted AI technology to detect and fix accessibility issues. Our comprehensive approach streamlines your path to ADA compliance and integrates accessibility into every part of your processes. Plus, with AudioEye Assurance, you’ll have peace of mind knowing your digital content is twice as protected as with consulting or automation-only approaches.