ADA Title II Compliance Checker
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What Is ADA Title II for Web Accessibility?
The Americans with Disabilities Act (ADA) Title II prohibits discrimination by state and local government entities against people with disabilities. On April 24, 2024, the Department of Justice published a final rule establishing specific technical requirements for web accessibility under Title II. For the first time, the rule explicitly adopts WCAG 2.1 Level AA as the standard that state and local government websites and mobile applications must meet. The compliance deadline is April 24, 2026 for entities serving populations of 50,000 or more, and April 24, 2027 for smaller entities. This rule affects approximately 90,000 state and local government entities across the United States.
Who Is Affected by the ADA Title II Web Rule?
The rule applies to all state and local government entities, including:
- State agencies and departments — DMVs, health departments, courts, licensing boards
- County and city governments — municipal websites, online permitting, utility portals
- Public school districts and state universities — course registration, student portals, educational content
- Public libraries, transit agencies, and parks departments
- Law enforcement agencies — online reporting, community portals
The rule covers all public-facing web content and mobile apps offered by these entities. It includes content posted by third parties on government platforms if the entity has the ability to control it. Limited exceptions exist for archived content (not updated since the compliance date), preexisting conventional electronic documents (unless used for current government services), and content of third-party applications that the entity cannot contractually require to be accessible.
Key Requirements and Deadlines
The ADA Title II web accessibility rule establishes clear milestones:
- April 24, 2026: Entities serving populations of 50,000+ must achieve WCAG 2.1 AA conformance for all web content and mobile apps.
- April 24, 2027: Entities serving populations under 50,000 must achieve the same conformance level.
- Special content: Entities have 2 years after the general deadline to make pre-existing archived content accessible if it is still used to convey information about current services.
Conformance means meeting all 50 Level A and AA success criteria in WCAG 2.1. The DOJ explicitly chose WCAG 2.1 over 2.0 to capture mobile accessibility requirements and newer interaction patterns. Entities must also provide an accessible way for users to report accessibility barriers and request accessible alternatives.
Consequences of Non-Compliance
The Department of Justice enforces ADA Title II through investigations, compliance reviews, and lawsuits. Individuals can also file private lawsuits seeking injunctive relief — meaning a court can order the government entity to make its site accessible. While Title II does not provide for monetary damages in private suits, the DOJ can seek civil penalties of up to $75,000 for a first violation and $150,000 for subsequent violations. Beyond legal exposure, inaccessible government websites prevent constituents from accessing essential services — renewing licenses, paying taxes, registering for benefits, or participating in public meetings. CompliScan helps government entities identify and prioritize issues well before the deadline, reducing both legal risk and remediation costs.
Frequently Asked Questions
When is the ADA Title II web accessibility deadline?
State and local government entities serving populations of 50,000 or more must comply by April 24, 2026. Smaller entities (under 50,000) have until April 24, 2027. These dates come from the DOJ's final rule published on April 24, 2024, giving entities exactly 2-3 years to achieve WCAG 2.1 AA conformance.
Does ADA Title II apply to public school websites?
Yes. Public school districts and state universities are state or local government entities covered by Title II. This includes all public-facing web content: school websites, student portals, online registration systems, learning management systems, parent communication platforms, and any digital content used to deliver educational services. Private schools are not covered by Title II but may be covered by Title III.
What is the difference between ADA Title II and Title III for websites?
Title II covers state and local government entities, while Title III covers private businesses (places of public accommodation). The key difference is that the DOJ has now published a specific web accessibility rule for Title II with clear WCAG 2.1 AA requirements and deadlines. Title III has no equivalent formal rule — instead, web accessibility obligations under Title III come from DOJ guidance, settlement agreements, and court decisions, which generally reference WCAG 2.0 or 2.1 AA.
Are there exceptions to ADA Title II web accessibility requirements?
Yes, limited exceptions exist. Archived web content that has not been updated since the compliance date and is kept solely for reference is exempt, unless it is needed for current government services. Pre-existing conventional electronic documents (like old PDFs) have an extended timeline. Content of third-party applications is exempt if the entity cannot contractually require accessibility. Password-protected content used by a limited number of users may also have different requirements. However, these exceptions are narrow and entities should not rely on them as a general compliance strategy.
Can I be sued for non-compliance with ADA Title II?
Yes. Individuals with disabilities can file private lawsuits against government entities for Title II violations. While private suits typically seek injunctive relief (a court order to fix the issue) rather than monetary damages, the entity must also pay the plaintiff's attorney fees if they prevail. The DOJ can also bring enforcement actions seeking civil penalties. Additionally, complaints can be filed with federal agencies that fund the entity, potentially jeopardizing federal funding.
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