Americans with Disabilities Act (ADA) Title II Digital Accessibility Information and Requirements

Understand the accessibility requirements for digital content and services provided by state and local governments

On April 24, 2024, the U.S. Department of Justice published a final rule in the Federal Register that updates Title II of the Americans with Disabilities Act.

The final rule sets Web Content Accessibility Guidelines (WCAG) version 2.1 Level AA as the technical standard for digital content and digital services used, shared, created, and procured by state and local government. 

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Americans with Disabilities Act Title II

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act of 1990 is a federal law that provides civil rights protections for individuals with disabilities similar to those provided to individuals on the basis of race, sex, national origin, age, and religion. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations (such as stores, restaurants, and hotels), employment, state and local government services, and transportation.

What is Title II?

Title II is one of the five sections of the ADA. Title II applies to all services, programs, and activities provided by state and local governments. This includes the services, programs, and activities that state and local governments offer online and through mobile apps.

Background

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On April 24, 2024, the U.S. Department of Justice published a final rule in the Federal Register that updates Title II of the Americans with Disabilities Act. The final rule clarifies and specifies how Title II of the Americans with Disabilities Act applies to digital content and digital services provided by state and local governments.

Notably, the final rule sets Web Content Accessibility Guidelines (“WCAG”) version 2.1 Level AA as the technical standard for state and local governments’ digital content and digital services. This means that the following digital content types provided or made available by the Commonwealth must meet WCAG 2.1 Level A and Level AA accessibility requirements:

1. All state-provided web pages and web applications;
2. All state-provided documents in Word, PDF, PowerPoint and excel formats; and
3. All state-provided mobile apps.

“State-provided” means when digital content or services are provided or made available directly by the Commonwealth or through:

• contractual, 
• licensing, or 
• other arrangements. 

This includes, for example, contracted software, marketing or IT professional services vendors, contracted managed service providers, or community-based organizations and non-profits that administer programs and provide services on behalf of the Commonwealth.

Timeline for compliance

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April 24, 2026  Compliance date

WCAG 2.1 Level A and AA is already the Commonwealth’s technical standard for accessibility for web and desktop applications, multimedia content, and electronic documents, as established in the Commonwealth’s Enterprise Information Technology Accessibility Policy. Executive department agencies and contracted vendors must already comply with this policy. As such, web applications or digital content provided directly by the state or through a contracted vendor should adhere to WCAG 2.1 Level A and Level AA standards.

Specific to the federal rule, state organizations and larger municipalities with more than 50,000 residents have two (2) years (April 24, 2026) to comply with the federal rule. Small municipalities and government entities with a population less than 50,000 have three (3) years (April 26, 2027) to comply with the federal rule.

Impact of noncompliance

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Noncompliance with the federal rule (28 CFR Part 35) increases the likelihood of the Commonwealth being involved with litigation over the inaccessibility of digital services and content. This may result in further monitoring by the U.S. Department of Justice and additional external agencies to ensure accountability and responsibility for accessibility deliverables and objectives related to digital content. Additional ramifications from noncompliance may include expedited compliance deadlines that differ from those stated in the Final Rule as well as ongoing public scrutiny and financial penalties imposed by legal entities and external agencies.

As part of complying with the Commonwealth’s existing Enterprise IT Accessibility Policy, internal testing for accessibility using the tools and resources provided must be performed on Mass.gov and agency-specific web sites, digital content, and additional communications. If EOTSS monitoring reports generate numerous accessibility findings, teams will be obligated to address findings immediately and place accessibility remediation as top priority.

Any vendor that demonstrates lack of cooperation to make their applications accessible or refuses to incorporate accessibility into their products and services may be put on notice for lack of compliance with state and federal mandates. This will result in possible contract nonrenewal or contract nullification.

Exceptions to the federal rule

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The following digital content types would qualify for an exception to the technical accessibility requirements of the federal rule:

1. Archived web content that has not undergone any updates or changes and is used for record keeping or research. Note: All content Mass.gov must be up to date and is not considered to be “archived web content.”
2. Social media postings prior to April 24, 2026.
3. Existing documents created prior to April 24, 2026, that are not currently being used to apply for, access, or participate in a state or local government’s services, programs, or activities. Note: Documents that are currently being used do not qualify for an exception even if the documents were created before April 24, 2026.
4. Password protected personal documents or documents containing personal identifiable information.
5. Third-party voluntary content postings. Third parties are members of the public or others who are not controlled by or acting for state and local governments. An example of a third-party voluntary content posting would be a member of the public who posts on a state-managed message board.

If any content that falls under the exception is updated or modified after April 24, 2026, the accessibility conformance and compliance requirements would apply with the exceptions of personal password protected documents and third-party voluntary content posts. If content that falls under the exception is consumed by an individual who requires and requests an accommodation, an accessible alternative version of the content must be provided within a reasonable time. Alternative forms of content are permitted under extenuating circumstances if there are no legal or technical limitations preventing equal access to the original digital content.

We recommend reading the full fact sheet and the Compliance Guide for Government Entities, which contains additional information and examples of what the rule applies to and the exceptions.

Prioritized action steps to take

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Your organization should take the following steps now to both comply with the Commonwealth’s Enterprise IT Accessibility Policy and to prepare for the April 2026 compliance deadline for the federal rule:

1. Identify outdated, unneeded, or trivial content and remove from Mass.gov or any other state websites. Action steps for web content.
2. Create accessible internal pages using Mass.gov templates and provided instructions.
3. Test all webpages, web applications, and mobile applications using automated tools and manual testing.
4. Ensure that procurements are accessible using contract language and required testing. Action steps for procurement.
5. Create accessible documents and additional forms of communication such as emails and press releases.  Action steps for documents and communications.
6. Create accessible social media posts. Action steps for social media.

General accessibility information and support resources

• State and Local Governments: First Steps Toward Complying with the Americans with Disabilities Act Title II Web and Mobile Application Accessibility Rule (U.S. Department of Justice, Civil Rights Division)
• Web accessibility perspectives
• Commonwealth of MA enterprise IT accessibility policy
• Digital Accessibility and ADA Compliance Training Recording (MOD)
• Massachusetts Office on Disability accessibility consulting
• Consult with the EOTSS central accessibility team

Executive Office of Technology Services and Security (EOTSS) next steps

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Planning efforts

EOTSS is currently undertaking efforts to develop a statewide digital accessibility and equity strategic plan, per Executive Order No. 614, to close gaps in how the state provides and manages accessible digital content and digital services. Additional internal guidance and supports will be forthcoming pertaining to testing and remediating accessibility issues with existing state sites, accessible document creation and testing, creating accessible social media and additional communication formats as well as training, testing and procurement requirements. 

Compliance and Governance

EOTSS will be checking for accessibility issues as part of processing requests for Mass.gov sub-domains (i.e., URLs) in alignment with the state’s Website Domain Policy. Temporary exemptions will only be allowed for very limited circumstances. Ongoing testing and monitoring of internally produced web pages, web sites, documents/other communication formats and third-party applications by the central accessibility team being formed within EOTSS and Mass Digital will be conducted, and a findings report will be provided to executive departments for issue remediation.