ADA Title II: New Requirements and Compliance

On April 8, 2024, the U.S. Department of Justice (DOJ) signed a final rule under Title II of the Americans with Disabilities Act of 1990 (ADA) that established specific requirements for web and mobile app accessibility. The new rule — which primarily applies to state and local government entities that receive federal funding — is designed to ensure individuals with disabilities have equal access to digital content. 

With this final rule in place, government agencies now have a clear mandate to make their digital services accessible — but understanding what’s required, and by when, is essential for achieving ADA compliance and avoiding legal risk.

Below, we’ll explain who is affected by the new rule, key deadlines to remember, and practical steps for meeting the updated ADA accessibility standards. 

What is Title II of the ADA?

Title II of the ADA is a civil rights act that prohibits discrimination on the basis of disability in places of public accommodation. The act applies specifically to local government entities and public places. Under Title II, government municipalities are required to make reasonable accommodations (without causing undue burden) for individuals with disabilities, such as adding wheelchair ramps to existing facilities, allowing admittance of service animals, offering qualified interpreters for in-person events, and providing handicapped parking.

Because Title II was written nearly 30 years ago, it was designed primarily for physical spaces as the digital world was in its infancy. Today, the DOJ has repeatedly stated that public spaces also apply to online spaces, meaning all gov entities must make their digital content accessible and provide reasonable modifications where possible. 

The shift is part of the DOJ’s effort to more strongly align digital accessibility with public accessibility. Doing so ensures that people with disabilities have equal access to utilities, public records, taxes, town meetings, and additional information. Not only does this provide users with equal access to critical information, but it also promotes more inclusivity for all users. 

To be ADA compliant, digital content must meet the accessibility standards included in the Web Content Accessibility Guidelines (WCAG). Some of these accessible features include providing subtitles or closed captioning for those with hearing impairments, audio descriptions for those with visual disabilities such as blindness or low vision, compatibility with assistive technologies like screen readers, and more.

ADA Title II Revisions and Modifications 

The revisions to Title II include new technical specifications clarifying which digital content must be accessible under the ADA. These changes were made to address the growing importance of digital access and the lack of clear, enforceable standards for web and mobile content. As the DOJ stated in their announcement: “Access to websites and mobile apps is critical for people with disabilities to obtain information and services, and to participate equally in modern society.”

Under the new role, a wide range of digital documents — including spreadsheets, presentation files, word-processing documents, telecommunications, and PDFs — must conform to WCAG 2.1 Level AA. The rule also covers publicly available web content, such as new social media posts, audio and video content, and other materials published by local government services and agencies.

By adopting specific technical standards, the rule aims to reduce ambiguity, promote consistency, and ensure people with disabilities can independently access essential digital services. These updates not only ensure equal opportunities for all users but also give organizations a clearer path to fulfilling ADA standards.

Who Does ADA Title II Regulations Apply To?

Title II applies to state and local government agencies, including:

• State executive legislatures

• Towns and cities

• Counties

• School districts

• Local government programs

• Public education institutions

• Public schools

• Universities and community colleges

• Special-purpose districts

• Water districts

• Public transportation and transportation services

• Regional transit authorities such as AMTRAK

• State and local government instrumentalities 

It’s important to call out that Title II of the ADA does not apply to federal government agencies. Instead, federal law requires federal agencies to comply with Section 508 of the Rehabilitation Act. 

How Do ADA Title II Regulations Apply to Third Parties? 

Under Title II, public entities must ensure third parties — such as agencies, vendors, and service providers — also comply with nondiscrimination laws when creating digital content. In other words, any content created by a third party and made available by a government agency must be accessible. Even if content is published directly by the business or by a third-party organization, it must adhere to accessibility requirements.

For example, if a city government agency contracts with an outside mobile app developer to collect parking payments, the app must conform to WCAG 2.1 Level AA recommendations.

ADA Title II Timeline: Development and Compliance

The timeline to meet the new regulations is dependent on the size of the organization; for example:

• Organizations with more than 50,000 employees must be compliant by April 24, 2026

• Organizations with less than 50,000 employees have until April 26, 2027 to meet compliance standards.

• All special district governments also have until April 26, 2027 to be compliant.

Though organizations have some time before enforcement begins, it’s critical to take action now. Not only does this help you avoid potential legal consequences, but it also helps you provide a more accessible, usable experience. 

The best place to get started? Determining how accessible your existing content is. Using tools like a website accessibility checker — like this one from AudioEye — can help you identify common accessibility issues on your site. These insights give you a clear starting point for enhancing accessibility; however, we recommend going a step further. Supplementing an automated accessibility check with expert audits from accessibility experts and individuals from the disability community can help you find and fix more complex issues and bring your content even closer to compliance.

ADA Title II Enforcement

The new regulations did not propose additional enforcement mechanisms. Instead, the DOJ will continue enforcement actions, including filing lawsuits, entering settlement agreements, or taking administrative action. State and local governments can also expect increased scrutiny not just from the DOJ and other regulatory agencies, but also from advocacy groups and individuals with disabilities who now have a clear legal basis for filing complaints. Consequences of non-compliance may include costly litigation, court-mandated remediation, reputational damage, and the potential loss of federal funding in certain cases. 

Accessibility Compliance: Automation and Expert Help from AudioEye

Staying compliant with evolving accessibility standards can feel overwhelming — especially considering larger organizations have less than a year to meet compliance requirements. But it doesn’t have to. With AudioEye, creating an accessible design — one that adheres to ADA standards — is simple and straightforward.

AudioEye takes a three-pronged approach to accessibility, combining powerful automation, human-assisted AI technology, and testing during the development process to detect and fix accessibility issues. Our comprehensive approach not only streamlines your path to ADA compliance but also saves you up to 90% in costs compared to traditional methods. Plus, with AudioEye Assurance, you’ll have peace of mind knowing your digital content has 400% better protection than consulting or automation-only approaches.

Ready to start your journey towards ADA compliance? Get started with a free accessibility scan using our Website Accessibility Checker. 

Want to see AudioEye in action? Schedule a demo today.