Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities
Description
The U.S. Department of Justice (DOJ) issued regulations under Title II of the Americans with Disabilities Act (ADA) requiring state and local government entities to make their services, programs, and activities accessible through websites and mobile applications. This includes state and local government entities such as public higher education institutions, public libraries, recreation centers, and more. The DOJ adopted in regulation the international Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the technical standard for compliance.
Deadlines for compliance depend on the size of the public entity’s population: entities serving 50,000 or more people must comply by April 24, 2026, while those serving fewer than 50,000 must comply by April 24, 2027.
Please note that these rules were subject to the Administrative Procedures Act (APA) for rulemaking but not the enhanced negotiated rulemaking for Title IV HEA related regulations as required by the HEA.
Action to be taken
- Assess current web and mobile accessibility against WCAG 2.1 Level AA.
- Develop an implementation plan to meet DOJ compliance deadlines (2026 or 2027, depending on size).
- Train staff and faculty on accessibility standards and practices.
- Update procurement policies to require accessibility in all new technologies, software, and digital content.
- Establish monitoring and remediation processes to ensure ongoing compliance.
Effective Date
June 24, 2024
Compliance Dates:
- Entities with population 50,000 or more by 4/24/26
- Entities population less than 50,000 or more by 4/24/27
Resources
- 28 CFR 35; Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities
- Federal Register Announcement of the regulations (see preamble language)
- Accessibility in the Spotlight: Department of Justice Regulations; WCET Frontiers
- The Web Content Accessibility Guidelines – the ADA’s Requirements for Digital Content; WCET Frontiers
- Breaking Down Walls; WCET Frontiers
- Access for All: New Accessibility Rules for Public Entities (SAN or WCET Member Only)
- WCET Member Access
- SAN Member Access with website log in