Deep Dive: Beyond the ADA Digital Accessibility Deadline

In April 2024, the Department of Justice (DOJ) issued a clarifying decision finalizing updated regulations under Title II of the Americans with Disabilities Act (ADA).

The 2024 final rule formally adopts the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the minimum accessibility standard for public-facing digital content maintained by state and local governments.

Background

Since its enactment in 1990, the ADA has served as a fundamental civil rights law protecting individuals with disabilities from discrimination. As technology has rapidly developed and become integrated into daily life, the ADA’s principles have expanded to include digital spaces.

Digital accessibility ensures that websites, applications, and online services can be used by individuals with a wide range of disabilities. Common accessibility features include adjustable text sizes, sufficient color contrast, keyboard navigation, screen reader compatibility, alternative text for images, video captions, and clear page structures. Together, these tools help ensure that individuals can access information and services regardless of disabilities affecting hearing, vision, mobility, or cognition.

What Does This Mean for Counties?

County governments play a critical role in delivering public services and ensuring equal access for all residents. Under ADA Title II, counties must ensure that their programs, services, communications, and digital platforms meet WCAG 2.1 Level AA standards.

Notably, counties are also responsible for ensuring that third-party vendors providing digital products or services on the county’s behalf comply with applicable ADA and WCAG accessibility standards. This responsibility extends to websites, software applications, online portals, document platforms, video services, and other public-facing digital tools.

What Must Be Accessible:

Counties should evaluate accessibility across a broad range of digital platforms and services, including:

  • Public-facing county websites
  • Mobile applications
  • Online forms and service portals
  • Downloadable documents, including PDFs and digital forms
  • Videos, livestreams, and multimedia content that
  • Social media posts, graphics, and digital communications
  • Third-party platforms and software used to provide county services

Content Exemptions:

The DOJ’s final rule also includes several limited exceptions. Content generally exempt from the accessibility requirements includes:

  • Archived content that is no longer used for current programs, services, or activities
  • Social media content posted before the compliance date
  • External documents or media linked from a county website but not created or controlled by the county
  • Individualized, password-protected documents such as utility bills, account statements, or notices

Updated Compliance Deadline 

Following the April 2024 ruling, the initial deadline for compliance was set for April 24, 2026 for jurisdictions with more than 50,000 residents and April 26, 2027 for counties with fewer than 50,000 residents.

However, while jurisdictions across the country supported the goal of improving accessibility, county leaders expressed concerns about the significant costs, staffing needs, and technical challenges associated with implementing the requirements on such a compressed timeline.

In response, the DOJ recently extended compliance deadlines by one year for all state and local governments.

The updated deadlines are:

  • Counties with populations greater than 50,000 residents: April 24, 2027
  • Counties with populations of 50,000 residents or fewer: April 28, 2028

Next Steps 

Although the DOJ has extended compliance deadlines, counties should continue preparing now to avoid future implementation challenges.

Counties may consider the following immediate steps:

  • Remove or archive outdated webpages, documents, and media that no longer support active county programs or services
  • Work with existing technology vendors to support accessibility efforts and provide baseline training for employees who create digital content
  • Maintain records of accessibility initiatives, assessments, and training activities

Best Practices:

Counties can strengthen accessibility efforts by incorporating the following practices into their day-to-day operations:

  • Provide accurate captions and transcripts for video and audio content
  • Maintain accessible color contrast ratios for all text and user interface elements
  • Ensure full keyboard navigation throughout websites and applications
  • Review PDFs and other documents for accessibility before publication, including tags, reading order, headings, and image descriptions
  • Include alt text, captions, and image descriptions in social media content

Ultimately, the ADA Title II digital accessibility requirements will support counties with technology modernization, customer service, public trust, and broader equity and inclusion goals. Compliance will ensure that all residents can access the information and services they need and can participate in the full range of services counties have to offer.

Helpful Resources: 

This article is part of MACo’s Policy Deep Dive series, where expert policy analysts explore and explain the top county policy issues of the day.