DOJ’s Web Accessibility Rule – Preparing for Compliance

On June 24, 2024, the U.S. Department of Justice (“DOJ”) finalized a new rule under Title II of the Americans with Disabilities Act (“ADA”) expanding digital accessibility requirements for state and local government entities that receive federal financial assistance, including public schools, community colleges, public libraries, and park districts. Although more than a year has passed since the adoption of the new rule, those public bodies should keep upcoming compliance deadlines in 2026 and 2027 at top of mind.

Key Requirements

The rule adopted the Web Content Accessibility Guidelines (“WCAG”) 2.1, Level AA, as the technical standard for website and mobile applications compliance. The standard requires covered entities to satisfy comprehensive criteria for making websites and mobile applications perceivable, operable, understandable and robust through assistive technologies, including but not limited to ensuring PDFs and images are readable by assistive technology, captioning video content, and incorporating tools that allow web navigation by a screen reader or without a mouse.

Of Note for Clients

Broad Scope: The rule applies to all web content and mobile apps that a public entity makes available in relation to its “programs, services, and activities” – nearly anything a covered entity does. Individuals with disabilities must be able to acquire the same information and engage in the same benefits and services with substantially equivalent ease of use.

Full Responsibility: Covered entities bear the full burden of compliance, including content managed by outside contractors. In addition, even where an undue burden or fundamental alteration exists, the entity must still take alternative steps to provide meaningful access.

Limited Exceptions

The rule provides five narrow exceptions for:

• Archived content
• Pre-existing conventional electronic documents (e.g. PDF, Word, etc.)
• Certain third-party content
• Individualized documents that are password-protected
• Pre-existing social media posts
• Adjustments that would result in fundamental alteration of a program or impose undue financial or administrative burden
• Certain conforming alternate versions

In addition, a covered entity will be deemed to have met the requirements if it can demonstrate that any noncompliance would not impact the ability of individuals with disabilities to access the website or app with substantially equivalent ease of use as individuals without disabilities.

Compliance Deadlines

Deadlines are based primarily on the population served by each public entity, although entities qualifying as special district governments have until the later compliance deadline to ensure accessibility:

• 50,000 or more people: April 24, 2026
• Fewer than 50,000 people: April 24, 2027

To determine your institution’s compliance date:

• City school districts use city population
• County school districts use county population
• Independent school districts use Census Bureau Small Area Income and Poverty Estimates
• Community colleges use locality’s population from 2020 Census

Consequences for Noncompliance

While the final rule does not identify specific consequences for noncompliance, entities that fail to comply may face:

• DOJ enforcement actions
• Office for Civil Rights (OCR) complaints
• Private litigation under the ADA
• Loss of federal funding

Next Steps

• Identify your compliance date
• Update or create a digital accessibility policy
• Review vendor contracts to incorporate compliance with required standards
• Work with contractors to create a remediation strategy and timeline
• Train relevant staff on maintaining accessible content

For help developing a digital accessibility strategy and reviewing your current policies and procedures, contact your Robbins Schwartz attorney.