The ADA Title II web rule: what it requires

In brief

The Title II web rule is a Department of Justice regulation in 28 CFR Part 35, Subpart H. It requires state and local governments to make the web content and mobile apps they provide, or make available, accessible. The technical standard is WCAG 2.1 Level A and Level AA.

The rule was published in the Federal Register on 24 April 2024. Its compliance dates were later extended. See Title II compliance dates.

What the rule requires

Section 35.200 requires public entities to ensure that web content and mobile apps they provide or make available, directly or through contractual, licensing or other arrangements, are accessible to and usable by people with disabilities.

To meet it, the content must comply with the Level A and Level AA success criteria and conformance requirements of WCAG 2.1.

What counts as web content and apps

• Web content: the information and sensory experience communicated to the user by means of a user agent, including the code or markup that defines structure, presentation and interactions. Text, images, sounds, videos, controls, animations and conventional electronic documents are examples.
• Mobile apps: software applications that are downloaded and designed to run on mobile devices, such as smartphones and tablets.

Other provisions in the rule

• Conforming alternate versions (35.202): allowed only when it is not possible to make the content directly accessible due to technical or legal limitations.
• Equivalent facilitation (35.203): other designs or methods are permitted if they provide substantially equivalent or greater accessibility and usability.
• Minimal impact (35.205): an entity that is not fully compliant is treated as compliant only if it can show the noncompliance has such a minimal impact that people with disabilities can still access the same information, interactions, transactions and services with substantially equivalent timeliness, privacy, independence and ease of use.

See also Title II exceptions and fundamental alteration and undue burden.

What to do

• List every website, web application and mobile app you provide or make available, including those run by vendors for you.
• Test them against WCAG 2.1 Level A and AA. The checklist pages explain each criterion.
• Record who is responsible for accessibility in your organization.
• Plan fixes around your compliance date.

Common mistakes

• Treating content a vendor hosts as not yours. The rule covers content provided through contractual, licensing or other arrangements.
• Relying on an alternate version when the main content could be made accessible.
• Using the "minimal impact" provision as a plan. It is a limited fallback, not a way to skip the standard.

Sources

• 28 CFR Part 35, Subpart H: Accessibility of Web Information and Services (eCFR), opens in a new tab
• 28 CFR 35.104: Definitions (eCFR), opens in a new tab
• First Steps Toward Complying with the Title II Web Rule (ADA.gov), opens in a new tab

This page is for informational purposes only and is not legal advice. For binding requirements, refer to the official ADA statute and regulations, and ask a lawyer how they apply to you.