This guide should not be deemed as legal advice. Consult your attorney for legal advice. Title II of the Americans with Disabilities Act applies to all levels of state and local government. This includes departments, agencies, school districts, law enforcement, transportation authorities, and any other body that provides public services.
For a more comprehensive list of bodies subject to ADA Title II, press here.
While the law was originally enacted to ensure access to physical public programs and spaces, such as courthouses and buses, it now also applies to digital services. This includes websites, mobile apps, online forms, and public-facing documents. Under the law, these entities are required to make their services accessible to people with disabilities.
The scope of ADA Title II is broad, but it can be generally categorized into two main groups:
This category covers the foundational branches of state and local government that citizens interact with daily. Examples of digital assets that must be accessible include:
Public colleges, universities, and community colleges are also considered public entities under Title II. In the context of higher education, this means that the entire digital campus must be inclusive. This includes:
It’s also worth noting that some public entities not covered by ADA Title II, such as federal agencies, may have digital accessibility obligations under Section 508 of the Rehabilitation Act.
Section 508 sets accessibility requirements for federal websites, apps, and electronic documents. While it applies only at the federal level, Title II is the governing standard for state and local governments.
To comply with ADA Title II, your website, mobile app, and other digital services will need to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA.
WCAG has been the accepted benchmark for digital accessibility in the U.S. for several years, and is routinely referenced by U.S. courts in cases involving ADA Title III, which applies to private businesses.
What sets ADA Title II apart is that it now officially codifies WCAG 2.1 Level AA as a legal requirement. This was finalized by the Department of Justice in April 2024, and it comes with clear compliance deadlines:
By their respective deadlines, covered public entities must ensure that their websites, mobile apps, and other digital assets adhere to WCAG 2.1 Level AA.
The Web Content Accessibility Guidelines (WCAG) are the global standard for web accessibility. Developed by the World Wide Web Consortium (W3C), WCAG provides a detailed framework for making websites and digital content usable for people with a wide range of disabilities.
At its core, WCAG is built around four key principles, often referred to by the acronym POUR:
Throughout the years, there have been a number of WCAG versions released: 2.0, 2.1, and 2.2, the most recent and up-to-date, published in October 2023.
Additionally, each WCAG version features three levels of conformance: Level A, Level AA, and Level AAA, with each level introducing more advanced and specific accessibility requirements.
Under ADA Title II, you are required to meet WCAG 2.1 at Level AA.
Complying with ADA Title II in adherence to WCAG 2.1 Level AA means meeting a range of technical and content requirements that make your digital services accessible to people with disabilities.
Here are some of the most important areas to pay attention to:
Important note: This is only a partial list.
The updated Title II rule marks a significant shift from reactive accommodations to proactive accessibility. Failing to meet the upcoming deadlines—April 24, 2026, or April 26, 2027, depending on your entity’s size—can lead to severe legal, financial, and reputational repercussions.
For public entities and institutions of higher learning, the risks of non-compliance include:
The DOJ is authorized to investigate and mediate settlement agreements. These often include consent decrees that require comprehensive remediation plans. In more severe cases, the DOJ can file federal lawsuits to ensure injunctive relief and civil penalties.
Individuals with disabilities and advocacy groups can file private lawsuits to ensure access. If a court finds an entity in violation, it can order the removal of digital barriers and mandate policy changes. Furthermore, the entity may be required to cover the plaintiff’s attorney fees, in addition to its own remediation and settlement costs.
The DOJ may impose civil penalties for ADA violations. For a first violation, penalties can reach approximately $75,000, while subsequent violations can climb to $150,000. These amounts are adjusted for inflation and remain at the discretion of the court based on the specific facts of the case.
Many public entities, especially colleges and universities, receive federal financial assistance. Failing to provide equitable digital access can trigger violations of Section 504 of the Rehabilitation Act. This can lead to investigations by the Office for Civil Rights (OCR) which, in extreme cases, could result in the suspension of federal funding.
Beyond the legal risks, inaccessible digital services can erode public trust and signal exclusion from essential government programs. For institutions of higher learning, a lack of digital inclusivity can hinder the recruitment and retention of a diverse student body and faculty, impacting the institution’s long-term standing.
While accessibility issues vary across different platforms, here are a few of the most common compliance violations that public entities face today.
If a local government provides emergency notifications or evacuation maps that cannot be read by screen readers, they are in violation. Public safety information must be perceivable to all residents, including those who are blind or have low vision.
Many city utilities or parking ticket systems utilize pop-up calendars or dropdowns that cannot be navigated using only a keyboard. Since many users with motor disabilities cannot use a mouse, these "keyboard traps" constitute a failure to provide equal access to government services.
When school boards or city councils stream public meetings without accurate, real-time closed captioning, they exclude the deaf and hard-of-hearing community. Under Title II, all "effective communication" must be accessible.
Public universities often post syllabi, research papers, or financial aid forms as scanned images rather than searchable text. Because screen readers cannot "read" an image of text, these documents remain invisible to students with visual impairments.
A public transportation app that uses light-colored text on a light background for bus schedules or route changes is a violation. Federal standards require specific contrast ratios to ensure users with low vision or color blindness can read essential information.
If a police department or library website uses icons (like a "magnifying glass" for search or a "phone" for contact) without descriptive alternative text, screen reader users will not know the purpose of those buttons, preventing them from navigating the site.
State agency forms for unemployment or social services that automatically log a user out after a set period—without offering a way to extend that time—discriminate against individuals with certain cognitive or physical disabilities who may need more time to complete the task.
With the first official enforcement deadlines approaching as early as next year, now is the time for public entities to take meaningful steps toward accessibility compliance. Proactive planning helps ensure your digital services are inclusive to people with disabilities, and protects your organization from avoidable legal and reputational risks.
Properly addressing accessibility issues found in websites and online documents can be challenging. That’s why many organizations rely on comprehensive accessibility solutions, like accessiBe.
accessiBe offers a range of solutions designed to support every stage of your accessibility journey; whether you're starting with your first audit or expanding compliance efforts across your digital services.
And, in the event that you are met with legal action, we have your back with comprehensive litigation support (available in select plans).
Here’s a look at accessiBe’s ecosystem of solutions:
accessWidget uses AI-powered technology to help websites meet many of the core requirements of WCAG 2.1 Level AA. It enables screen reader compatibility, keyboard-only navigation, and other key features that enhance accessibility quickly and efficiently.
If you have more advanced compliance requirements, you can benefit from targeted enhancements to accessWidget, as well.
As part of a process called Manual Testing and Custom Remediation (MTCR), accessiBe’s experts audit key user flows on your site. Then, adjustments are made to accessWidget so that it optimally addresses these specific areas of your site.
Accessibility also applies to the documents and media you publish. accessServices provides remediation for assets like PDFs and Excel sheets, to ensure they meet accessibility standards. It also offers full accessibility audits, which can include testing by individuals with disabilities to help uncover real-world usability barriers.
For organizations looking to embed accessibility into their development processes, accessFlow provides a comprehensive platform tailored for maximum visibility. It integrates seamlessly into existing dev workflows, allowing teams - regardless of prior experience - to identify, track, and resolve accessibility issues throughout the product lifecycle.
The new ADA Title II requirements set a clear legal and ethical standard for digital accessibility—and the countdown to enforcement has already begun. By taking action now, public entities can identify and resolve accessibility gaps well ahead of the deadlines, minimizing legal exposure and operational disruption.
Q1. How many titles are in the ADA?
A1. The Americans with Disabilities Act consists of five distinct titles. These sections cover employment, state and local government services, public accommodations in private businesses, telecommunications, and miscellaneous legal provisions.
Q2. What are the differences between Title I, II, and III of the ADA?
A2. The main difference lies in the sector each title regulates. Title I governs employment and workplace accommodations, Title II regulates state and local government agencies, and Title III applies to private businesses open to the public. While their goals are the same, the specific compliance requirements and enforcement bodies differ for each.
Q3. What does Title III of the Americans with Disabilities Act cover?
A3. Title III applies to public accommodations, which are private businesses that offer goods or services to the general public. This includes a wide range of organizations such as retail stores, restaurants, hotels, and private healthcare providers, requiring them to remove barriers to access.
Q4. What are the key provisions of Title II of the Americans with Disabilities Act?
A4. Title II mandates that all programs, services, and activities provided by state and local governments must be accessible to people with disabilities. Its primary provision requires public entities to provide "effective communication" and equal access to digital and physical services, including websites and public transportation.
Q5. Who exactly is covered by ADA Title II?
A5. All state and local government entities—departments, agencies, school districts, public universities, transportation authorities, law enforcement, courts, libraries, utilities, and special districts. If you deliver public services, Title II applies.
Q6. Do public universities fall under Title II?
A6. Yes. Public K-12 and higher-ed institutions are subject to Title II. Private colleges and universities are generally covered under Title III; many still adopt WCAG AA to reduce risk and improve access.
Q7. What are the compliance deadlines again?
A7. Entities serving 50,000+ people must comply by April 24, 2026. Smaller entities and special districts have until April 26, 2027.
Q8. What standard do we have to meet?
A8. WCAG 2.1 Level AA for websites and mobile apps. This includes requirements around keyboard access, color contrast, alternative text, captions, and properly tagged documents.
Q9. Does Title II cover mobile apps and PDFs?
A9. Yes. Mobile apps and most public-facing digital documents like PDFs, Word files, and slide decks must be accessible. Plan for document remediation and app testing in your roadmap.
Q10. Are there any exceptions or “safe harbors”?
A10. There are limited nuances for archived content created before the deadline that is not actively in use, but most current public content and services must meet WCAG 2.1 AA.
Q11. Are entities responsible for accessibility when using third-party vendors or platforms?
A11. You’re responsible for the accessibility of services you procure or embed. Bake accessibility into contracts, request VPATs, and test real user flows before go-live.
Q12. How should entities prioritize accessibility efforts with limited resources?
A12. Start with high-traffic, high-impact tasks like payments and student portals. Use automated scanning to find patterns, then apply expert review to critical flows and publish an accessibility statement.
Q13. What level of enforcement currently applies under ADA Title II?
A13. Title II is enforceable today. While the DOJ has updated specific digital rules, there is no pause on general compliance requirements. Staying focused on WCAG 2.1 AA is the safest path.
Q14. How does ADA Title II relate to Section 508 requirements?
A14. Section 508 applies to federal agencies and sets its own technical standards. State and local entities follow Title II, though many adopt 508-style procurement practices to maintain high standards with vendors.
This guide should not be deemed as legal advice. Consult your attorney for legal advice. 