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. 

The original 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.

An Interim Final Rule released April 20, 2026, extends the compliance date for State and local government entities with a total population of 50,000 or more is extended from April 24, 2026, to April 26, 2027.  The compliance date for public entities with a total population of less than 50,000, or any special district government, is extended from April 26, 2027, to April 26, 2028.

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 (now 2027 or 2028, 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 were amended by an Interim Final Rule released 4/20/2026

• Entities with a population of 50,000 or more by 4/26/27
• Entities population less than 50,000 or more by 4/26/28

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
• Interim Final Rule Extension of Compliance Dates for Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities; 4/21/26