New Digital Accessibility Requirements in 2026

On April 24, 2024, the U.S. Department of Justice (DOJ) published a final rule that updated Title II of the Americans with Disabilities Act (ADA). These regulations require all services, programs and activities of state or local governments to be accessible to people with disabilities including public sector websites, online systems and digital resources. As part of the final rule, the DOJ adopted Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and incorporated them by reference into Title II. Beginning in 2026, public agencies must “comply with both Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1.” (28 CFR § 35.200(b).) This is the first time that the DOJ has ever adopted a technical standard for digital content.

Compliance Deadlines

April 24, 2026: Public entities with a total population of 50,000 or more (except special districts).

April 26, 2027: Public entities with a total population of less than 50,000, and all special districts regardless of size.

WCAG’s Key Requirements

WCAG 2.1 Level AA is a set of technical standards to ensure a public agency’s website meets the minimum criteria for accessibility. Public agencies will still be subject to requests for reasonable accommodations. WCAG 2.1 Level AA includes testable criteria for web access, including contrast, headings, links, images, forms and all types of multimedia. The guidelines are organized under four principles that digital content must be Perceivable, Operable, Understandable and Robust, also referred to as the “POUR” model.

The requirements of WCAG 2.1 Level AA include, but are not limited to:

Perceivable
- Alternative text (alt-text) for images: Any informational image must also provide meaningful alt-text. For example, a county parks webpage that uses map icons must provide alt-text such as “icon depicting a shaded tree overlooking a picnic table.”
- High contrast: Text and interactive controls must contrast sufficiently with backgrounds so users with low vision can read them. Text and images of text must have a contrast ratio of at least 4.5 to 1.
- Captions/transcripts: Video content and time-based media must include captions.
Operable
- Keyboard navigation: All functionality of the site or app, including forms and navigation, must be accessible by using a keyboard alone.
- Focus indicators: Each item receiving focus must have a visible indicator to specify where on the screen the user is navigating.
Understandable
- Navigation links should be identical and predictable across several different web pages.
- The body of the page should be formatted differently from headers, and should be identified using the “lang” attribute (<html lang=”en”>).
- If an input error is detected on a form page, suggestions should be provided for fixing the input in a timely and accessible manner. Submissions should also be fixable when an error is detected.
Robust
- Content should be compatible with a wide range of user agents, including assistive technology like screen readers, speech-output software, Braille displays, etc.
- Semantic HTML: Use proper structural elements (e.g., <header>, <nav>, <main>, <footer>) so assistive devices can interpret the page.

WCAG Exceptions

There are five exceptions to content that does not need to comply with WCAG 2.1 Level AA.

Archived content: content that is created before the compliance date, not updated, and maintained in a separate area of the agency’s website that is designated as “archived” and kept for informational purposes only.
Pre-existing documents: content that is created before the compliance deadline but is maintained on the agency’s website, such as agendas and meeting minutes.
Third-party content: content posted by third parties that is not posted at the public agency’s discretion, such as public comments and social media posts. (Note: the agency is responsible for content which is developed and/or posted by third-parties acting at the agency’s behest.)
Confidential documents: individualized, password-protected documents, such as an individual’s municipal water bill.
Social media content: social media posts created before the compliance date.

In addition to these exceptions, public entities may demonstrate that full compliance would impose an undue financial or administrative burden, or fundamentally alter the nature of their services, and therefore are unable to comply with the requirements of WCAG 2.1 Level AA. This is a defense to compliance more than an exception, but a defense and should only be considered in limited circumstances. Public agencies should confer with legal counsel regarding any compliance concerns.

Conclusion

WCAG 2.1 Level AA is the new minimum requirement for ADA compliance. Public entities should consult with legal counsel and IT to develop a digital accessibility policy that incorporates these new requirements.

For more information or if you have questions about compliance with WCAG 2.1 Level AA, please contact Christine Wood and Stephanie Veniez.

Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.