The federal rule that sets a website accessibility standard for state and local governments has two compliance dates, and both moved this year. If you run the website for a city, county, special district or similar public agency, this article covers which date applies to you, what the rule requires, what it exempts, and what to do first. It does not cover private businesses, which fall under a different part of the ADA with no equivalent rule. For that difference, see What ADA web accessibility actually requires.
What the rule requires
Title II of the ADA covers state and local governments. In April 2024 the Department of Justice added a regulation, 28 CFR 35.200, requiring that the web content and mobile apps a public entity provides or makes available "directly or through contractual, licensing, or other arrangements" meet Level A and Level AA of WCAG 2.1. WCAG is the Web Content Accessibility Guidelines, published by the World Wide Web Consortium. Version 2.1 is the one the rule names.
The contractual wording matters. A payment portal, agenda platform or permit system that a vendor runs on your behalf is your web content under the rule.
The dates
- Population of 50,000 or more, other than a special district: April 26, 2027
- Population under 50,000, or any special district government: April 26, 2028
The original dates were April 24, 2026 and April 26, 2027. On April 20, 2026 DOJ published an interim final rule that moved each date back one year. The technical standard did not change. DOJ's own summary is on its web rule first steps page.
The extension is being challenged. The National Federation of the Blind sued DOJ in the U.S. District Court for the District of Maryland in May 2026, arguing that the extension was adopted improperly and asking the court to restore the original dates. As of October 2026 no ruling had been reported. Check the current status before you rely on either date.
Which date applies to you
The rule decides by population, and it defines how population is counted in 28 CFR 35.104.
- If the Census Bureau calculates a population for your entity, that figure is used. A city or county under 50,000 people has until April 26, 2028.
- A special district government has until April 26, 2028 whatever its size. The rule defines it as a public entity, other than a county, municipality, township or independent school district, that is authorized by state law to provide one function or a limited number of functions, has enough administrative and fiscal autonomy to qualify as a separate government, and has no population calculated by the Census Bureau.
- An agency that is an instrumentality of other governments and has no Census figure of its own uses the combined Census population of the governments it belongs to.
Joint powers authorities and similar agencies formed by member governments sit between these categories. Whether one is a special district government or an instrumentality of its members decides which date applies, because the members' combined population can exceed 50,000. The rule does not name joint powers authorities, and we found no DOJ guidance that addresses them. Ask your counsel which category you are in. Until you have the answer, treat April 26, 2027 as the safer planning date.
What is covered and what is exempt
28 CFR 35.201 lists five exceptions.
- Archived web content. Content created before your compliance date, kept only for reference, research or recordkeeping, not changed after archiving, and stored in a dedicated area clearly identified as archived.
- Older documents. PDFs, word processor files, presentations and spreadsheets that were on your site before your compliance date, unless they are currently used to apply for, gain access to, or participate in your services, programs or activities. A permit application PDF in use today is covered. A pre-deadline set of old meeting minutes is not.
- Third-party content. Content posted by a third party, unless the third party posts it under a contract, license or other arrangement with you.
- Individual documents. Documents about a specific person, their property or their account, when they are password-protected or otherwise secured.
- Older social media posts. Posts made before your compliance date.
Anything you publish after your deadline must meet the standard, including new documents.
If full compliance is not possible
Section 35.204 allows an entity to decline to comply where doing so would fundamentally alter a service, program or activity or impose undue financial and administrative burdens. The head of the entity or their designee must make that decision, and a written statement of the reasons must accompany it. The entity must still take any other action that would not cause the alteration or burden but would ensure people with disabilities receive the benefits or services to the maximum extent possible.
The duty exists now
The rule adds a technical standard and a date. It did not create the obligation. DOJ's 2022 web guidance states that the Department "has consistently taken the position that the ADA applies to all the services, programs, or activities of state and local governments, including those offered on the web."
Courts are applying Title II to online systems now. In March 2026 the Ninth Circuit issued its decision in Payan v. Los Angeles Community College District, a case in which two blind students won a jury verdict of $242,500. The failures at issue included inaccessible websites and registration systems. The court confirmed that Title II plaintiffs may receive substantial non-economic damages.
Where to start
DOJ's first steps page lists eleven actions. The ones that do the most work early are these.
- Inventory your web content and mobile apps, including content your vendors host for you.
- Sort it against the exceptions. The documents people currently use to apply for or access your services are the group most likely to be covered.
- Assess the gaps against WCAG 2.1 Level AA, with automated testing and manual review.
- Prioritize the services people rely on most.
- Review vendor contracts. Ask each vendor whether its product conforms to WCAG 2.1 Level AA and request the documentation.
- Assign responsibility to a named person and train the staff who publish content.
We did not find a federal or California grant program whose terms list website remediation as an eligible cost for a small agency. For most, the practical funding source is the operating budget, and the later compliance date allows the work to be spread across more than one fiscal year.
If you want a baseline of where your site stands against WCAG 2.1 Level AA, a site audit is the usual starting point.