Summer 2024 - Bellingham, Wash.

The Department of Justice (DOJ) issued a final rule on April 24, 2024, that requires state and local government entities (public entities) to ensure their digital content, including websites and mobile apps, meets the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. This is the first time the ADA has established specific rules for digital accessibility, filling a gap left by the original ADA and Section 504 of the Rehabilitation Act, enacted before the widespread use of digital technology. This new rule ensures that individuals with disabilities have equal access to the services, programs, and activities these entities provide online.

Compliance Deadline

Public entities are given until April 24, 2026, to comply with the new standards. This two-year window allows entities to audit their digital content, make necessary changes, and ensure ongoing WCAG 2.1 Level AA compliance. The rule covers new content and existing websites, electronic documents, and mobile applications, requiring a comprehensive review and updates to meet accessibility standards.

Exceptions and Flexibility

The rule includes five specific exceptions where full compliance may not be necessary:

• Archived Web Content: Content created before the compliance date that is kept solely for reference, research, or record-keeping purposes and has not been modified since being archived.
• Preexisting Electronic Documents: Documents like PDFs and Word files that existed before the rule was enacted.
• Preexisting Social Media Posts: Posts made before the compliance date.
• Content Posted by Unaffiliated Third Parties: Content created and posted by third parties not associated with the public entity.
• Individualized, Password-Protected Documents: Documents that are protected and tailored for specific individuals, such as personalized records.

These exceptions acknowledge that some content may not be practical to update or may not need to meet the same standards as active, frequently accessed digital content.

Why WCAG 2.1 Instead of WCAG 2.2?

The DOJ chose to adopt WCAG 2.1 instead of the more recent WCAG 2.2 due to the timing of the rule’s publication and the public comment period, which closed just before WCAG 2.2 was officially released. WCAG 2.1 is widely recognized and understood by web professionals, providing a solid and familiar framework for compliance. Although WCAG 2.2 includes additional criteria, the DOJ determined that WCAG 2.1 would be sufficient for the current needs while also leaving the door open for future updates.

Implementation Recommendations

The document advises public entities to take proactive steps to comply with the new rules:

• Inventory Covered Technologies: Identify all web content, electronic documents, and mobile apps under the new rules.
• Develop Archiving Plans: Create a strategy for archiving content that will not be updated to meet the new standards but is still necessary for reference.
• Conduct Accessibility Audits: Regularly audit digital content to identify and address accessibility issues.
• Remediate Non-Compliant Content: Develop and execute plans to update or replace content that does not meet WCAG 2.1 standards.
• Ensure Future Compliance: Implement policies and practices to ensure all new digital content is created with accessibility in mind from the outset.

These steps are essential for ensuring that public entities meet the new legal requirements and provide equitable access to all users, thereby enhancing the overall inclusivity of their digital services.

Wandke Accessibility specializes in helping businesses navigate the complexities of digital accessibility compliance, particularly in light of the new ADA Title II rules that mandate adherence to WCAG 2.1 Level AA standards. With our comprehensive services, including accessibility audits, remediation, and training, we empower businesses to update their websites, mobile apps, and digital documents to meet these rigorous standards. Our expert team works closely with clients to assess current accessibility gaps, develop actionable remediation plans, and implement best practices that ensure ongoing compliance.