The ADA Title II web rule, explained for public buyers
Who the ADA Title II web rule covers, what content it reaches, the WCAG 2.1 AA standard, the extended 2027 and 2028 dates, and what conformance means.
The ADA Title II web rule is the Department of Justice regulation that sets a specific technical standard for the websites and mobile apps of state and local governments. It was published in the Federal Register on 24 April 2024 and lives at 28 CFR part 35, subpart H. This is a plain explanation of what it says, in the order a procurement officer usually needs it.
Title II of the ADA itself has required state and local governments to make their services, programs and activities accessible since the 1990s. The rule did not create that duty. It defined, for the first time in regulation, what accessible means for web content and mobile apps.
Who the ADA Title II web rule covers
The rule applies to "public entities", which the regulation defines as:
- any state or local government,
- any department, agency, special purpose district or other instrumentality of a state or local government, and
- Amtrak and commuter authorities.
In practice that includes counties, cities, towns, school districts, public colleges and universities, courts, police departments, transit agencies, public hospitals, libraries and utilities run by a government.
It does not apply to federal agencies, which are covered by Section 508 of the Rehabilitation Act instead. Private businesses fall under Title III, which this rule does not address.
What it covers: web content and mobile apps
Section 35.200 requires a public entity to make accessible:
- web content it "provides or makes available, directly or through contractual, licensing, or other arrangements", and
- mobile apps it provides or makes available on the same terms.
"Web content" is defined broadly. It covers text, images, sounds, videos, controls, animations and conventional electronic documents, which the rule defines as PDF, word processor, presentation and spreadsheet files. "Mobile apps" means software downloaded and designed to run on phones and tablets.
The phrase "directly or through contractual, licensing, or other arrangements" is the one that matters most for procurement. The DOJ's fact sheet gives the example of a city parking app run by a private company: the app must still meet the standard. A permitting portal, a payment page, an agenda system or a utility billing site that a vendor hosts for you is your web content for the purposes of this rule.
The standard: WCAG 2.1 Level AA
The rule requires compliance with "Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1". WCAG 2.1 is the W3C Recommendation of 5 June 2018, incorporated by reference.
Two points are easy to miss.
It is 2.1, not 2.2. WCAG 2.2 was published later and adds criteria. The rule does not require them. You may still ask for 2.2 in a solicitation, but that is a policy choice, not a requirement of this rule.
It is "success criteria and conformance requirements". WCAG's conformance requirements include that conformance applies to full pages, not fragments, and that when a page is part of a process, such as a multi-step application, every page in that process must conform. A vendor whose landing page conforms but whose payment step does not has not met the standard for that process.
The rule also contains an equivalent facilitation provision (35.203). It allows alternative designs or techniques if they give "substantially equivalent or greater accessibility and usability". The DOJ's fact sheet suggests a future standard such as WCAG 3.0 could qualify if it meets that test.
The compliance dates, as extended
On 20 April 2026 the DOJ issued an interim final rule moving both dates back by one year. The current dates are:
| Public entity | Original date | Current date |
|---|---|---|
| Total population of 50,000 or more | 24 April 2026 | 26 April 2027 |
| Total population under 50,000 | 26 April 2027 | 26 April 2028 |
| Special district governments (any size) | 26 April 2027 | 26 April 2028 |
The standard did not change. Our note on the 2027 and 2028 deadlines covers what the extension means for contracts being signed now.
How population is determined
The date depends on the entity's "total population", which the regulation defines in 35.104. In summary:
- If the Census Bureau calculates a population for the entity in the most recent decennial Census, that is the figure.
- An independent school district uses the Census Bureau's most recent Small Area Income and Poverty Estimates.
- An instrumentality or commuter authority without its own Census figure uses the combined Census population of the governments it belongs to.
A city police department or library therefore uses the city's population. The DOJ's guidance adds that a city school district uses the city's population and a county school district the county's.
A "special district government" is a public entity, other than a county, municipality, township or independent school district, that provides one or a few designated functions with enough autonomy to count as a separate government, and whose population the Census Bureau does not calculate. Water, fire, library or transit districts can fall here. They get the later date regardless of the size of the area they serve.
If your entity's classification is not obvious, check the definitions directly or ask counsel. State-specific requirements may also apply. See our accessibility laws by state pages.
Exceptions, briefly
Section 35.201 lists five exceptions: archived web content, preexisting conventional electronic documents, content posted by third parties not acting for the entity, individualized password-protected documents, and preexisting social media posts. Each has conditions, and several are narrower than their names suggest. Content a vendor posts for you is not "third-party content" under the exception. We will cover the exceptions in detail separately.
What "conformance" means, and what softens it
Meeting WCAG 2.1 AA is the requirement. The rule recognizes a few limits:
- Fundamental alteration and undue burdens (35.200, 35.204). An entity that can demonstrate compliance would cause a fundamental alteration or undue financial and administrative burdens must still comply to the extent it can. The decision must be made by the head of the entity or a designee, after considering all available resources, with a written statement of reasons. The entity carries the burden of proof.
- Conforming alternate versions (35.202). Allowed only where making the content itself accessible is not possible "due to technical or legal limitations".
- Minimal impact (35.205). An entity not in full compliance is treated as compliant only if it can show the gap has so little impact that people with disabilities can still access the same information, interactions and transactions with substantially equivalent timeliness, privacy, independence and ease of use. The DOJ's example is text at a 4.45:1 contrast ratio against the required 4.5:1. The fact sheet says this is not a way to avoid trying to meet the standard.
Beyond the rule, the ADA's general obligations remain: effective communication, reasonable modifications, and an equal opportunity to participate. Content that falls within an exception may still need to be provided in an accessible form to a person who asks.
What this means for procurement
Because the rule reaches content provided through contracts and licenses, much of a public entity's exposure sits in vendor products. The practical steps follow from that:
- name WCAG 2.1 Level AA in solicitations,
- ask for a current Accessibility Conformance Report for the version you are buying, on the WCAG or INT edition,
- read it for gaps rather than accepting it as proof (our list of VPAT red flags is a start), and
- put remediation commitments in writing.
More on how this fits into a buying process is on our for government page.
Sources: 28 CFR part 35, subpart H, sections 35.200 to 35.205, and the definitions in 35.104 (the DOJ's 2024 Title II web rule, as amended by the interim final rule of 20 April 2026); DOJ fact sheet on the rule at ada.gov; W3C WCAG 2.1. This is general guidance, not legal advice.
GOVvpat reviews vendor conformance reports against WCAG 2.1 AA or whatever standard your solicitation names, and keeps a dated record for the file. Request a quote.