The Department of Justice's final rule updating its regulations for Title II of the Americans with Disabilities Act (ADA) has introduced a new era of accessibility for state and local governments' web content and mobile apps. As of April 24, 2024, these institutions must ensure that their online services and programs are accessible to people with disabilities.

The Need for Accessibility

State and local governments provide an array of services, programs, and activities through websites and mobile apps. However, when these platforms are not accessible, they can create significant barriers for individuals with disabilities. For instance, a state or local government website might post an image without providing alternative text, making it impossible for visually impaired individuals using screen readers to access the information.

Inaccessible web content and mobile apps can hinder people with disabilities from accessing essential services like mail-in ballots, tax information, town meetings, or programs at their child's school. The Department of Justice has set out to ensure that state and local governments take necessary steps to make their online offerings accessible to all citizens.

Key Requirements

The final rule sets specific requirements for ensuring web content and mobile apps are accessible. One key requirement is the adoption of the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA as the technical standard for state and local governments' web content and mobile apps. This standard provides a framework for creating accessible digital experiences.

Another critical requirement is that state and local governments' web content must meet WCAG 2.1, Level AA. This applies to web content provided or made available by these institutions, including situations where they have arrangements with third-party providers.

Similarly, mobile apps developed or sponsored by state and local governments must also meet WCAG 2.1, Level AA.

Exceptions

While the rule emphasizes the importance of accessibility, it recognizes that not all content needs to meet the same standards. In limited circumstances, certain types of web content and mobile app content may be exempt from meeting WCAG 2.1, Level AA. These exceptions are designed to allow state and local governments to prioritize their most critical services and make them accessible quickly.

Summary

The Department of Justice's final rule has introduced a new era of accessibility for state and local governments' web content and mobile apps. By adopting the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA as the technical standard, these institutions can ensure that their online services and programs are accessible to people with disabilities.