ADA Title II: WCAG 2.1 AA for Websites & Apps (Plain-English Guide)

Your digital services are covered under ADA Title II (state & local government 'programs, services, and activities'). Just like wheelchair ramps and braille signage in buildings, your digital properties need accessibility features for people with disabilities.

Mobile apps are included. Any app you offer for public services—whether for paying taxes, reporting issues, or accessing benefits—must meet the same standards.

This is federal law, not guidance. The rule has the force of law with specific deadlines:
• April 2026 for entities serving 50,000+ people
• April 2027 for smaller entities

Real people need this access. 1 in 4 Americans has a disability (per CDC data). They're trying to pay parking tickets, apply for permits, access emergency information, and use the same services everyone else does.

The technical standard is WCAG 2.1 Level AA, but what matters is that citizens with visual, hearing, mobility, and cognitive disabilities can successfully use your digital services. Test your current compliance to see where you stand today.

Critical Vendor Alert: If you build, maintain, or provide digital services for government entities, you're implicated. The government entity remains liable, but they'll require compliance from you through:
• Contract requirements
• Indemnification clauses
• Accessibility warranties
• Regular compliance audits

What This Means:
• Government entities: You're liable even if a vendor built your site
• Vendors: Government clients will require WCAG 2.1 AA compliance
• Third-party tools: That chatbot, payment processor, or document viewer must also comply

Check your state's specific requirements at /states as some have additional obligations beyond federal requirements.

🎯 Headings & Structure
• Use proper heading hierarchy (H1 → H2 → H3)
• Don't skip levels for visual styling
• Each page needs one clear H1
• Screen readers use these to navigate

🖼️ Alt Text for Images
• Every image needs descriptive alt text
• Decorative images need empty alt=""
• Complex graphics need detailed descriptions
• Logos should identify the organization

🎨 Color Contrast
• Regular text: 4.5:1 contrast ratio minimum
• Large text (18pt+): 3:1 contrast ratio
• This includes text over images
• Test with free contrast checkers

📝 Forms & Labels
• Every form field needs a visible label
• Required fields must be clearly marked
• Error messages must be specific
• Instructions can't rely on color alone

⌨️ Keyboard Navigation
• Everything must work without a mouse
• Tab order must be logical
• Focus indicators must be visible
• No keyboard traps (users getting stuck)

🔍 Focus Management
• Users must see where they are
• Custom controls need focus styles
• Modals must trap and return focus
• Skip links help bypass navigation

🎬 Media & Captions
• Videos need synchronized captions
• Audio content needs transcripts
• Live events need real-time captions
• Auto-playing media must be controllable

Need more detail? Visit our comprehensive WCAG explained guide or scan your site to see specific issues.

✅ Mobile Apps: Native and web apps for:
• Service delivery
• Payment processing
• Permit applications
• Public reporting
• Information access

✅ Documents: When provided digitally:
• PDFs must be tagged and accessible
• Word documents should use styles
• Spreadsheets need headers
• Presentations need structure
• Forms must be fillable

✅ Multimedia:
• Videos (need captions)
• Podcasts (need transcripts)
• Virtual meetings (need accommodations)
• Social media content (when used officially)

EXCEPTIONS (Limited): ❌ Archived Content: Materials archived before the rule *may* be excluded if:
• Not needed for current services
• Clearly marked as archived
• Alternative access provided if requested

❌ Third-Party Content: Limited exception for:
• Public comments on forums
• User-generated content
• BUT: The platform itself must be accessible

❌ Password-Protected Employee Areas: Internal systems have different requirements under Title I

⚠️ Warning: Exceptions are narrow. When in doubt, make it accessible. Courts rarely accept broad exception claims.

For detailed guidance, see our comprehensive guide or review state-specific requirements.

✓ Week 1: Discovery
• Run automated scan on main pages
• Document all digital properties
• Identify responsible parties
• Check current vendor contracts

✓ Week 2-3: Easy Fixes
• Add missing alt text to images
• Fix heading hierarchy
• Increase color contrast
• Add missing form labels
• Ensure focus indicators visible

✓ Week 4: Documentation
• Create accessibility statement
• Set up issue reporting method
• Document what's been fixed
• Plan next phase priorities

✓ Week 5-6: Template Updates
• Fix common headers/footers
• Update CMS templates
• Create accessible components
• Standardize navigation patterns

✓ Week 7-8: Training & Process
• Train content creators
• Create accessibility checklist
• Update procurement requirements
• Establish testing workflow

✓ Week 9-10: Comprehensive Testing
• Manual keyboard testing
• Screen reader validation
• Mobile accessibility check
• PDF remediation

✓ Week 11-12: Ongoing Compliance
• Implement monitoring tools
• Schedule regular audits
• Update vendor requirements
• Create maintenance plan

Need help getting started? Scan your site now for a prioritized issue list.

Additional Procurement Considerations:

• For New Projects: Require accessibility from day one—it's 3x more expensive to retrofit
• For Existing Vendors: Add accessibility amendments to current contracts
• For Small Purchases: Even small tools must comply if they're public-facing
• For Emergency Contracts: Accessibility requirements can't be waived for urgency

Red Flags in Vendor Responses:
• "We use an overlay for compliance" (overlays don't achieve full compliance)
• "We'll make it accessible after launch" (accessibility must be built in)
• "Our tool is exempt" (very few true exemptions exist)
• No VPAT provided or VPAT is outdated

Verification Questions:
• How do you test with actual assistive technology?
• Which WCAG 2.1 AA criteria does your solution currently not meet?
• What's your remediation timeline for identified issues?
• Can you provide references from other government clients?

Update your procurement process now—before you're locked into non-compliant solutions.

States with Stricter Standards:
• California - Unruh Act adds state liability
• New York - State Human Rights Law applies
• Illinois - Information Technology Accessibility Act
• Texas - DIR accessibility requirements
• Massachusetts - Additional procurement rules

Check Your State's Requirements:

Every state has unique considerations:
• Population-based deadlines
• Number of affected entities
• Recent lawsuit activity
• State-specific laws
• Available resources

Explore our comprehensive State Guides Hub for:
• Your state's specific requirements
• Local lawsuit history
• Compliance resources
• Risk assessment
• Deadline details

High-Risk States Needing Immediate Action:

States with higher litigation volume include:
• California - Highest lawsuit activity
• New York - Very high litigation risk
• Florida - Significant lawsuit volume
• Texas - Growing litigation activity
• Pennsylvania - Increasing legal actions

States with Approaching First Lawsuits:
• North Carolina
• Ohio
• Georgia
• Michigan
• Washington

Don't see your state in the high-risk list? You're not safe—plaintiff firms are expanding geographically. Check your state's profile for current risk assessment.

✅ Good Candidates for In-House:
• Simple websites (under 50 pages)
• Sites built on modern CMS platforms
• Teams with HTML/CSS knowledge
• Organizations with time before deadline
• Limited budget scenarios

DIY Approach: 1. Start with our free scanner for baseline 2. Use free tools like WAVE and axe DevTools 3. Follow our WCAG guide 4. Fix issues systematically 5. Test with real users

DIY Advantages:
• Lower direct costs
• Team learns accessibility
• Full control over timeline
• No vendor dependence

DIY Risks:
• Miss complex issues
• Time-intensive
• No liability protection
• Steep learning curve

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When You Need a Vendor:

✅ Must Use Vendor:
• Complex sites (hundreds of pages)
• Custom applications
• Dynamic content/databases
• Tight deadlines (under 6 months)
• Previous lawsuit/complaint
• No technical staff

Vendor Services:
• Professional audits
• Remediation services
• Ongoing monitoring
• Legal documentation
• Training programs
• Indemnification (sometimes)

Choosing a Vendor:
• Require WCAG 2.1 AA guarantee
• Check government references
• Avoid overlay-only solutions
• Get fixed pricing
• Ensure knowledge transfer

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Hybrid Approach (Recommended):

1. Use DIY for: Quick wins, ongoing content, basic monitoring 2. Use Vendors for: Initial audit, complex fixes, compliance documentation 3. Start with: Our free scan to understand your needs 4. Then evaluate: Whether you need professional help

Explore solutions and options or get your baseline scan to make an informed decision. Check your compliance deadline to understand your timeline.

Immediate Action Items:

1. Today: Run a scan to know where you stand 2. This Week: Share this guide with stakeholders 3. This Month: Allocate budget and resources 4. Next Month: Begin remediation 5. Ongoing: Monitor and maintain compliance

Remember: This isn't just about avoiding lawsuits—it's about serving all your citizens equally. 1 in 4 Americans has a disability. They deserve equal access to government services.

The deadline is approaching. The requirements are clear. The tools are available. The only question is: will you be ready?