Since 2024 the ADA has a written web standard for state and local governments, with exceptions, defences and dates set out in the rule itself.
In April 2024 the Department of Justice added a subpart to its Title II regulation that names WCAG 2.1 Level AA for the websites and mobile apps of state and local governments. The rule also lists what it does not cover and when a government may meet it in another way. Its compliance dates were moved back a year in April 2026.
Where the rule comes from
The rule is part of the Department of Justice's regulation under Title II of the Americans with Disabilities Act. Private businesses are covered by Title III, which the ADA page on this site describes.
The Department of Justice published the rule as a final rule in the Federal Register on 24 April 2024.
Accessibility of Web Information and Services of State and Local Government Entities; Final Rule89 FR 31320, final rule, heading, 24 April 2024.
The rule took effect on 24 June 2024. Its compliance dates are later and separate.
Effective date: This rule is effective June 24, 2024.89 FR 31320, DATES, 24 April 2024.
According to the Department's fact sheet, the rule applies to all state and local governments and their agencies, special purpose districts, Amtrak and other commuter authorities.
as well as special purpose districts, Amtrak, and other commuter authoritiesADA.gov, Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments, Fact sheet dated 8 April 2024, text updated for the April 2026 interim final rule.
What it asks for
The rule covers two things, web content and mobile apps, whether a government runs them itself or through someone else.
A public entity must make its web content and mobile apps readily accessible to and usable by people with disabilities, including those provided through contractors or licences.
directly or through contractual, licensing, or other arrangements28 CFR 35.200(a), eCFR, section last amended 20 April 2026.
The technical standard is WCAG 2.1 at Levels A and AA.
Level A and Level AA success criteria and conformance requirements specified in WCAG 2.128 CFR 35.200(b)(1), eCFR, section last amended 20 April 2026.
The rule defines web content broadly: text, images, sound, video, controls, animations and documents.
Examples of web content include text, images, sounds, videos, controls, animations, and conventional electronic documents.28 CFR 35.104, definition of web content, eCFR, section last amended 8 October 2024.
Conventional electronic documents are PDFs and word processor, presentation and spreadsheet files.
word processor file formats, presentation file formats, and spreadsheet file formats28 CFR 35.104, definition of conventional electronic documents, eCFR, section last amended 8 October 2024.
When
The dates depend on the size of the government. The ADA page on this site sets out the history of the dates in more detail.
Governments with a total population of fifty thousand or more, other than special district governments, must meet the standard from 26 April 2027.
Beginning April 26, 2027, a public entity, other than a special district government28 CFR 35.200(b)(1), eCFR, section last amended 20 April 2026.
Smaller governments and all special district governments must meet it from 26 April 2028.
Beginning April 26, 2028, a public entity with a total population of less than 50,00028 CFR 35.200(b)(2), eCFR, section last amended 20 April 2026.
Population is taken from the Census Bureau's most recent decennial census where one exists for the entity.
as calculated by the United States Census Bureau in the most recent decennial Census28 CFR 35.104, definition of total population, eCFR, section last amended 8 October 2024.
The April 2026 interim final rule says it only moves the dates and does not change what the 2024 rule requires.
Instead, this rule solely extends the 2024 final rule's compliance dates.91 FR 20902, interim final rule, 20 April 2026.
It was issued with a request for comments, which closed on 22 June 2026, so the dates could be revisited.
Written comments must be submitted on or before June 22, 2026.91 FR 20902, DATES, 20 April 2026.
What it does not cover
The rule lists five kinds of content the standard does not apply to. Each has conditions, and the conditions matter.
Archived web content is excepted.
Archived web content. Archived web content as defined in § 35.104.28 CFR 35.201(a), eCFR, section last amended 24 June 2024.
To count as archived, content must be kept only for reference, research or recordkeeping, not changed after archiving, and stored in an area clearly marked as archived.
Is organized and stored in a dedicated area or areas clearly identified as being archived28 CFR 35.104, definition of archived web content, eCFR, section last amended 8 October 2024.
Documents posted before the compliance date are excepted, unless they are still used to apply for or take part in a service.
unless such documents are currently used to apply for, gain access to, or participate in28 CFR 35.201(b), eCFR, section last amended 24 June 2024.
Content posted by third parties is excepted, unless they post it under an arrangement with the government.
unless the third party is posting due to contractual, licensing, or other arrangements28 CFR 35.201(c), eCFR, section last amended 24 June 2024.
Documents about a specific person, their property or their account are excepted when they sit behind a password or other security.
About a specific individual, their property, or their account28 CFR 35.201(d), eCFR, section last amended 24 June 2024.
Social media posts made before the compliance date are excepted.
social media posts that were posted before the date the public entity is required28 CFR 35.201(e), eCFR, section last amended 24 June 2024.
Other ways to meet it, and the limits
Four further sections temper the standard. None of them is a general exemption.
A separate accessible version of content may be used only where making the content itself accessible is not possible for technical or legal reasons.
not possible to make web content directly accessible due to technical or legal limitations28 CFR 35.202(a), eCFR, section last amended 24 June 2024.
Other designs or methods are allowed if they give substantially equal or greater accessibility.
result in substantially equivalent or greater accessibility and usability28 CFR 35.203, eCFR, section last amended 24 June 2024.
A government that claims fundamental alteration or undue burden carries the burden of proving it, and the decision must be made by its head or a designee with a written statement of reasons.
must be accompanied by a written statement of the reasons for reaching that conclusion28 CFR 35.204, eCFR, section last amended 24 June 2024.
Even then, it must do what it can short of that alteration or burden.
receive the benefits or services provided by the public entity to the maximum extent possible28 CFR 35.204, eCFR, section last amended 24 June 2024.
A government that falls short of the standard is treated as meeting it only if it can show the shortfall has so small an effect that disabled users can still get the same information, interactions and transactions with the same timeliness, privacy, independence and ease.
substantially equivalent timeliness, privacy, independence, and ease of use28 CFR 35.205, eCFR, section last amended 24 June 2024.
Sources
- 89 FR 31320, final rule, heading, 24 April 2024. https://www.govinfo.gov/content/pkg/FR-2024-04-24/html/2024-07758.htm
- 89 FR 31320, DATES, 24 April 2024. https://www.govinfo.gov/content/pkg/FR-2024-04-24/html/2024-07758.htm
- ADA.gov, Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments, Fact sheet dated 8 April 2024, text updated for the April 2026 interim final rule. https://www.ada.gov/resources/2024-03-08-web-rule/
- 28 CFR 35.200(a), eCFR, section last amended 20 April 2026. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.200
- 28 CFR 35.200(b)(1), eCFR, section last amended 20 April 2026. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.200
- 28 CFR 35.104, definition of web content, eCFR, section last amended 8 October 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-A/section-35.104
- 28 CFR 35.104, definition of conventional electronic documents, eCFR, section last amended 8 October 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-A/section-35.104
- 28 CFR 35.200(b)(2), eCFR, section last amended 20 April 2026. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.200
- 28 CFR 35.104, definition of total population, eCFR, section last amended 8 October 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-A/section-35.104
- 91 FR 20902, interim final rule, 20 April 2026. https://www.govinfo.gov/content/pkg/FR-2026-04-20/html/2026-07663.htm
- 91 FR 20902, DATES, 20 April 2026. https://www.govinfo.gov/content/pkg/FR-2026-04-20/html/2026-07663.htm
- 28 CFR 35.201(a), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.201
- 28 CFR 35.104, definition of archived web content, eCFR, section last amended 8 October 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-A/section-35.104
- 28 CFR 35.201(b), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.201
- 28 CFR 35.201(c), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.201
- 28 CFR 35.201(d), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.201
- 28 CFR 35.201(e), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.201
- 28 CFR 35.202(a), eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.202
- 28 CFR 35.203, eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.203
- 28 CFR 35.204, eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.204
- 28 CFR 35.205, eCFR, section last amended 24 June 2024. https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H/section-35.205
Every source on this page was fetched and its quotation confirmed on 27 September 2026, today. That date is written by the script that checked, not by a person.
A directive binds member states, who write it into national law. The national act can name a different authority, set a different penalty, or add duties. The sources here are the directive and three national acts; yours may differ.
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This page describes the law as it is written in the sources cited. It is not legal advice, it does not cover every case, and national law can add to what a directive requires. It has not been reviewed by a lawyer.
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