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This content was provided by Amy Greyson, Senior Attorney, Richards, Watson & Gershon.

The Department of Justice (“DOJ”) has announced a one-year extension of the deadline for public agencies to comply with its Web Content Accessibility Guidelines. These Guidelines, adopted under Title II of the Americans with Disabilities Act (“ADA”), require that government services, programs, and activities on websites and mobile apps be accessible to people with disabilities. 

In April 2024, the DOJ published a set of technical requirements requiring public entities to comply, at a minimum, with Level A and Level AA success criteria and conformance requirements specified in Web Content Accessibility Guidelines (“WCAG”) 2.1.  The interim rule announced by the DOJ will extend the compliance deadline for state and local entities, other than special districts, with a total population of 50,000 or more from April 24, 2026 to April 26, 2027.  The compliance deadline for state and local entities with a total population of less than 50,000, and special districts, is extended from April 26, 2027 to April 26, 2028. A public entity’s total population is calculated using the United States Census Bureau in the most recent decennial Census. The rules are contained in Title 28, Part 35, Subpart H of the Code of Federal Regulations (starting with Section 35.200).

WCAG 2.1 technical standards are developed by the World Wide Web Consortium, an international non-profit organization, and were created by technology and accessibility specialists to remove digital barriers that users with disabilities encounter due to poor web design. WCAG 2.1 standards apply to all web content, including text, images, sound, videos, animations, and electronic documents, that public entities provide or make available, directly or through contractual, licensing, or other arrangements, to the public. 

However, five types of web content are exempt from WCAG 2.1 Level AA technical standards.

1. Archived web content: content that is created before the compliance deadline but is maintained on the public entity’s website, such as agendas and meeting minutes, unless these electronic documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.
2. Preexisting conventional electronic documents: electronic documents that are available as part of a public entity’s web content or mobile apps before the compliance deadline, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.
3. Web content posted by a third-party: content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity. 
4. Individualized, password-protected electronic documents: electronic documents that are about a specific individual, their property, or their account and that are password-protected or otherwise secured.
5. Preexisting social media posts: a public entity’s social media posts created and/or posted before the compliance date.  

Despite the compliance date extension, public entities should continue to proactively develop digital accessibility policies incorporating WCAG 2.1, Level AA technical standards. Public entities should consider creating an inventory of all web content to identify any accessibility deficiencies. 

Local governments can also utilize DOJ resources designed to help public entities understand the new technical standards, including a First Steps Compliance Guide for state and local governments and a Small Entity Compliance Guide.  

For further information regarding WCAG 2.1 or the Americans with Disabilities Act, please contact Amy Greyson, Fabiola Ceja, or your RWG attorney.