Did you know that approximately one in four adults in the United States lives with a disability? Because of this, accessibility should be a priority for every organization providing public services, ensuring people can access websites, mobile apps, and online services without unnecessary barriers.
The updated ADA Title II requirements set clear expectations for digital accessibility, with compliance deadlines beginning in April 2027. Learn more below about what the regulations cover, who they apply to, and the steps government agencies can take to prepare.
What is ADA Title II?
ADA Title II is part of the Americans with Disabilities Act (ADA), a law designed to protect the rights of people with disabilities and ensure they have equal access to public services, programs, and activities.
While accessibility was traditionally associated with physical spaces, today many essential services are delivered online, from applying for permits and accessing public records to making payments and completing forms. Because of this, ADA Title II now outlines clear requirements for digital accessibility, meaning government websites, mobile applications and online content must be accessible to people with disabilities.
Under the updated regulations, public entities must ensure their digital services meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
What type of public entities must comply with Title II of ADA?
ADA Title II applies to state and local governments, meaning a wide range of public sector organizations must consider how accessible their digital services are.
This includes organizations such as:
- Public schools
- Universities
- Libraries
- Transportation providers
- Local government departments
- Courts
- Public healthcare organizations
- Emergency services
Generally, if an organization is operated by a state or local government and provides services, programs, or information to the public, it will typically fall under Title II requirements.
When are the compliance deadlines for ADA Title II?
The US Department of Justice has extended the ADA Title II deadlines for website and mobile accessibility by one year, giving public sector organizations additional time to prepare for the new requirements. Although originally set for 2026 and 2027, the updated deadlines now fall in 2027 and 2028, depending on the size of the public entity and the number of people it serves:
| Public entity | Compliance deadline |
|---|---|
| Serves 50,000 or more people | April 24 2027 |
| Serves Fewer than 50,000 people | April 26 2028 |
What do public sector organizations need to do for ADA Title II compliance?
To meet ADA Title II requirements, public sector organizations need to take several practical steps to improve and maintain digital accessibility across their websites, mobile apps and online services. Here are the key areas organizations should focus on:
Audit websites and mobile apps for accessibility issues
The first step for any government agency is understanding the current accessibility of its websites, applications and digital content. This starts with an accessibility audit, which checks how well digital services can be used by people with different disabilities and identifies barriers to accessing information or completing tasks.
Automated testing tools, like an Accessibility Checker, can help identify common issues, such as missing alternative text or incorrect heading structures. However, manual testing is also important because it provides insight into how real users experience a website, including whether someone using a screen reader or keyboard navigation can successfully complete important tasks.
Remediate content to meet WCAG 2.1 Level AA
Once accessibility issues have been identified, the next step is making improvements that bring your digital services in line with WCAG 2.1 Level AA standards. This is the standard required under ADA Title II and is widely adopted across the public sector.
For government agencies, remediation often involves reviewing both the technical setup of a website and the content published across it. A well-designed website can still create barriers if pages are poorly structured or important information is only available in formats that assistive technologies cannot interpret.
Ensure new digital content is accessible before publication
One of the most effective ways to maintain accessibility is to ensure new content is accessible before it goes live. With this in mind, staff responsible for creating digital content should understand accessibility basics. This should include knowledge on how to structure webpages correctly, write descriptive links, create accessible documents, and provide alternative text for images.
Make PDFs and online documents accessible
Government agencies often publish large numbers of PDFs, including reports, applications, meeting documents, and public information guides. However, many PDFs are created without accessibility features, making them difficult or even impossible for some users to access.
An accessible PDF should have a clear reading order, properly structured headings, searchable text and tags that allow assistive technologies to understand the document. And where possible, agencies should consider whether information needs to be provided as a PDF at all. Publishing content directly on an accessible webpage can often make information easier to find, more convenient to update and may even result in better SEO rankings.
Establish an ongoing accessibility monitoring process
Accessibility is an ongoing responsibility because websites and digital services are constantly changing. Therefore, government agencies should establish a monitoring process that includes regular testing, staff training, accessibility guidelines, and clear ownership for managing issues as they appear.
By building accessibility into normal digital processes, organizations can continue improving their services while reducing the risk of falling behind on compliance requirements.
What are the risks for ADA Title II non-compliance?
Failing to comply with ADA Title II can have consequences that extend far beyond fixing an inaccessible website. Non-compliance can expose public entities to legal, financial, and operational challenges, while also preventing people from accessing essential public services.
Key risks include:
- DOJ enforcement: The US Department of Justice (DOJ) can investigate complaints from people who encounter accessibility barriers. This may result in formal agreements requiring organizations to remediate inaccessible digital services.
- Higher remediation costs: Delaying accessibility improvements often makes compliance more expensive. As issues accumulate, more webpages, PDFs, and online services need to be reviewed, updated, and tested. For large public organizations, this can become a significant undertaking.
- Increased operational pressure: Inaccessible websites lead to more support requests, placing additional strain on customer service teams as people seek alternative ways to access information or complete tasks.
- Reduced access to public services: The most significant consequence is that people may be unable to access services they rely on. If someone cannot submit an application, make a payment or find important information because a website is inaccessible, they are effectively excluded from services that should be available to everyone.
- Damage to public trust: Accessibility barriers can reduce confidence in public services and negatively affect an organization’s reputation, particularly when people are unable to access essential information independently.
What are the most common ADA Title II violations for websites?
Even organizations with the best intentions can fall short of ADA Title II requirements if accessibility isn’t considered throughout design, development, and content creation. Many of the issues identified during accessibility audits are surprisingly common and, in many cases, have been carried over from older websites or introduced through routine content updates.
Below are some of the most common ADA Title II website accessibility violations that public sector organizations should look out for.
Missing alternative text for images
Not every image requires a long description, but images that support the content should include clear, descriptive alternative text. This is especially important for diagrams, charts, maps and buttons that rely on images.
Poor keyboard accessibility
Every part of a government website, from menus and search functions to online forms and payment portals, should be fully usable with keyboard controls alone. If users become trapped in a menu, cannot reach a button, or lose track of where they are on the page, the website is unlikely to meet accessibility requirements.
Low color contrast
WCAG 2.1 Level AA sets minimum color contrast ratios to help ensure text remains readable across websites and mobile applications. This issue often appears on buttons, banners, navigation menus and text placed over images.
Inaccessible PDFs and downloadable documents
A PDF that does not use proper heading structures, reading order or document tags can be extremely difficult for someone using a screen reader to navigate. In many cases, information is easier to access when it is published as an accessible HTML webpage rather than as a downloadable document.
Forms that cannot be completed using assistive technology
Accessibility issues such as missing form labels, unclear instructions, poor error messages or fields that cannot be accessed by keyboard can prevent users from completing even the easiest task.
Unclear link text
Links labelled simply as “Click here” or “Read more” provide very little context, especially for people using screen readers. Instead, links should clearly describe where they lead, such as “Download the accessibility statement”.
What are the differences between ADA Title II Vs ADA Title III?
Here are the differences between ADA Title II and ADA Title III:
| Area | ADA Title II | ADA Title III |
|---|---|---|
| Applies to | State and local governments | Private businesses open to the public |
| Examples | Schools, councils, libraries, public transport, government agencies, etc. | Shops, hotels, restaurants, banks, healthcare, etc. |
| Purpose | Accessible government services | Accessible goods and services |
| Web accessibility | Government websites and apps | Private business websites and mobile apps |
| Accessibility standard | WCAG 2.1 Level AA | WCAG 2.1 Level AA |
| Compliance deadline | 2027–2028 (based on population served) | No federal deadline |
| Physical accessibility | Government buildings and programs | Public accommodation facilities |
| Enforcement | US Department of Justice and federal agencies | US Department of Justice and private lawsuits |
| Penalties | Remediation costs and possible funding impacts, etc. | Remediation costs, civil fines, loss of contracts, etc. |
| Sector | Public | Private |
Conclusion: Final thoughts on the importance of ADA Title II
The updated ADA Title II regulations have removed much of the uncertainty around digital accessibility for public sector organizations. In fact, government agencies now have a clear accessibility standard to work towards, along with defined compliance deadlines that provide time to plan, prioritize, and implement improvements.
Ultimately, ADA Title II is about ensuring everyone can access public services equally, regardless of disability. By starting early and embedding accessibility into everyday digital processes, government agencies can meet compliance requirements while providing a better online experience for everyone.
ADA Title II Compliance FAQs
Looking for a quick recap? Here are answers to some of the most frequently asked questions on this topic:
Organizations serving 50,000 or more people must comply by April 24, 2027, while those serving fewer than 50,000 people have until April 26, 2028.
Yes, ADA Title II applies to existing government websites and mobile applications, not just new ones. Public entities should assess their current digital services, identify accessibility barriers and remediate issues before the relevant compliance deadline.
Failure to comply with ADA Title II can result in complaints to the U.S. Department of Justice, investigations, required remediation and increased legal costs. It can also prevent people from accessing essential public services.
The best place to start is with a comprehensive accessibility audit. This provides a clear picture of current compliance and highlights the most significant accessibility barriers, so you can prioritize fixes before the deadline.