For more than three decades, the Americans with Disabilities Act has shaped how public life in the United States becomes more accessible. Introduced in 1990, the ADA protects the rights of people with disabilities across employment, transport, public services, and participation in civic life. Title II sits at the heart of this framework. It applies to State and local government entities and requires that qualified individuals with disabilities can access services, programmes, and activities on an equal basis.
In 2024, the Department of Justice introduced a significant update: the ADA Title II Web and Mobile Application Accessibility Rule. This rule sets clear technical standards, timelines, and expectations for how public entities must make their digital services accessible. It also reinforces long‑standing obligations around effective communication, which remain in force today.
This article outlines what the ADA Title II new rule covers, what the deadlines mean in practice, and how public entities can plan for compliance in a way that strengthens inclusion and public trust.
In this article
- Why the New Americans With Disabilities Act Rule Matters
- Who Is Covered by New ADA Title II Rule
- What Must Be Accessible According to ADA Title II
- Deadlines and Timelines
- Exceptions and Practical Limits
- Effective Communication Remains Essential
- Planning for Compliance
- Where Interpretation and Captioning Fit In
- Looking ahead
Why the New Americans With Disabilities Act Rule Matters
Public services increasingly rely on digital channels. Whether applying for benefits, checking court dates, accessing school information, or joining a public meeting, residents expect to complete tasks online. For many people with disabilities, digital access is not simply a convenience. It is the primary route to participation.
The new rule recognises this shift. It requires State and local governments to ensure that the web content and mobile applications they provide or make available meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. This applies whether the digital service is delivered directly or through a contractor, licence, or other arrangement.
The rule does not replace existing obligations. Public entities must still provide reasonable modifications, ensure effective communication, and offer equal opportunity while they work towards full compliance.
Who Is Covered by New ADA Title II Rule
The rule applies to a wide range of public entities, including:
- Public schools, colleges, and universities
- State and local law enforcement and courts
- Public hospitals and health services
- Parks and recreation programmes
- Libraries
- State benefits and social services
- Any department, agency, or unit of State or local government
If a service is public and digital, it is likely to fall within scope.
What Must Be Accessible According to ADA Title II
Title II requires State and local governments to ensure that people with disabilities can access the full range of public services, programmes, and activities. This obligation applies across both physical and digital environments. While the new Web and Mobile Application Accessibility Rule provides detailed technical standards for digital content, the broader requirements of Title II remain essential.
Core Accessibility Obligations Under ADA Title II
Public entities must ensure that:
- Services, programmes, and activities are accessible to individuals with disabilities
- Policies, practices, and procedures are reasonably modified when necessary
- Communication with people with disabilities is as effective as communication with others
- Auxiliary aids and services are provided when needed to support effective communication
- Facilities and digital environments do not exclude or limit participation
These obligations apply regardless of whether the service is delivered directly by the public entity or through a contractor or partner organisation.
Digital Accessibility Requirements Under the New Rule
The 2024 ADA Title II Web and Mobile Application Accessibility Rule clarifies what digital accessibility looks like in practice. According to the Department of Justice’s guidance, the rule covers:
-
Websites and web content
-
Mobile applications
-
Digital services provided directly or through contractual or licensing arrangements
The required technical standard is WCAG 2.1 Level AA. This includes:
-
Alternative text for images, keyboard navigation, clear structure and headings, colour contrast that supports readability
-
Compatibility with assistive technologies
- Captions for multimedia content so that people who are deaf or hard of hearing can access information
The DOJ’s official explanation of the rule is available here: Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments | ADA.gov
Effective Communication Remains a Legal Requirement
Even before the new rule, Title II required public entities to ensure effective communication. This obligation continues and applies to both in‑person and digital interactions. It includes providing auxiliary aids and services such as:
-
Speech‑to‑text services
These services ensure that communication with people with disabilities is as effective as communication with others, which is a foundational requirement of Title II.
Why This Matters for Public Entities
The new rule does not replace the broader responsibilities of Title II. Instead, it strengthens them by providing clarity on digital accessibility. Public entities must now:
- Make their websites and mobile apps conform to WCAG 2.1 AA
- Continue providing auxiliary aids and services for effective communication
- Ensure that digital and in‑person communication is accessible
- Plan for compliance ahead of the 2026 and 2027 deadlines
Together, these requirements create a more consistent and equitable experience for residents who rely on public services.
Need support planning your ADA Title II compliance strategy?
Speak with our accessibility team
Deadlines and Timelines
Compliance deadlines for the new ADA Title II web and mobile rule vary by the size of the public entity:
- Public entities serving 50,000 or more people must comply by 24 April 2026
- Public entities serving fewer than 50,000 people must comply by 26 April 2027
- Special district governments also have until 26 April 2027
Population size is determined using United States Census Bureau data. If no direct population figure exists, the entity uses the population of the State or local government it is part of.
Smaller entities have more time because they may face budget or resource constraints, but all entities must continue meeting general ADA obligations in the meantime.
Exceptions and Practical Limits
The rule includes narrow exceptions that allow entities to prioritise the most important content. These exceptions do not remove the requirement to provide access when requested. They apply only when all criteria are met.
Archived web content
Content created before the compliance deadline, kept solely for reference, research, or recordkeeping, stored in an archive, and unchanged since archiving.
Pre‑existing conventional electronic documents
Word processing files, presentations, PDFs, or spreadsheets that were available before the deadline and are not used to apply for or participate in services.
Third‑party content
Content posted by a third party that is not acting under contract, licence, or arrangement with the public entity.
Individualised password‑protected documents
Documents about a specific person, property, or account that are secured behind authentication.
Pre‑existing social media posts
Posts made before April 2026 for large entities and before April 2027 for small entities and special district governments.
Alternative versions are permitted only when technical or legal limitations prevent the content from being made directly accessible.
The rule also recognises that some actions may cause a fundamental alteration or impose undue administrative burdens. In such cases, the entity must still provide access in another way and must be able to demonstrate that any noncompliance has a minimal impact on access. Minimal impact means that people with disabilities can complete the same tasks as others and can do so quickly, independently, privately, and easily.
Effective Communication Remains Essential
While the new rule focuses on digital accessibility, the obligation to ensure effective communication has been in place for many years. Public entities must provide auxiliary aids and services when needed to ensure that communication with people with disabilities is as effective as communication with others.
This includes real‑time communication support for public meetings, hearings, emergency updates, educational settings, and community events. Captioning, sign language interpretation, and speech‑to‑text services all play a role in meeting this requirement.
Planning for Compliance
Accessibility is not a one‑off project. It is an ongoing practice that requires structure and accountability. Public entities can prepare by:
- Creating or updating accessibility policies
- Establishing clear processes for accessibility requests and issue reporting
- Training staff on digital accessibility and effective communication
- Auditing existing websites and mobile apps
- Prioritising high‑impact content and services
- Integrating accessibility into procurement and vendor management
A thoughtful approach not only supports compliance but also improves public trust and service quality.
Explore how interpretation and captioning can strengthen your accessibility plan
Where Interpretation and Captioning Fit In
As public entities work towards WCAG 2.1 AA compliance, many are also reviewing how they meet their wider responsibilities under ADA Title II. The rule provides clarity on what accessible digital design looks like, yet Title II has always required public entities to ensure that communication with people with disabilities is as effective as communication with others. This applies to digital services, public meetings, streamed events, emergency briefings, and any situation where information is shared in real time.
WCAG 2.1 AA includes specific requirements for multimedia, such as providing captions so that people who are deaf or hard of hearing can access spoken content. This aligns directly with Title II’s long‑standing obligation to provide auxiliary aids and services when needed. Captioning is one of the most widely used aids, but many public settings require a combination of solutions to ensure that residents can participate fully and independently.
Human interpreters support accuracy and nuance when spoken content is complex, fast‑moving, or sensitive. AI speech translation and AI‑powered live captions provide immediacy and scale, particularly for large public meetings or online events where information must be available instantly. When used together, these approaches strengthen the communication layer that Title II expects public entities to maintain. They help ensure that people who are deaf, hard of hearing, or who rely on translated speech can follow proceedings, contribute to discussions, and access information at the same time as everyone else.
Looking ahead
The ADA Title II Web and Mobile Application Accessibility Rule marks a significant step in modernising digital access across public services. It provides clarity, structure, and timelines that help public entities plan with confidence. Most importantly, it reinforces a principle that has guided the ADA since 1990: access to public life must be equitable.
Public entities that invest early in accessibility, staff training, and effective communication will not only meet regulatory expectations. They will also create digital environments that serve their communities with dignity and respect.
Download from the App Store
Download from Google Play
More download links
