There are some big changes coming for state and local governments (and public libraries!) that will affect how you handle your digital content. Let’s talk about what’s coming and how to get started.
Watch the video or scroll on to get the whole scoop!
What’s Happening?
In April 2024, the Department of Justice passed a new rule related to the Americans with Disabilities Act (ADA). The ADA regulates standards that make everyday life accessible for people with disabilities, people that use assistive technology, and people that use mobile aids to get around.
Here’s the big change: Previously, only federal and federally funded entities (like colleges and universities) had to have accessible websites, mobile apps, and digital content per the ADA because these rules were all at the federal level. Now, under this new revision, state and local governments are going to have to have accessible websites, mobile apps, and digital content starting in April 2026.
It might be that your state already has accessibility rules on the books or your local government has accessibility rules on the books. So, check what’s already required and where you already are. But this is a new federal rule that’s being pushed down to state and local governments, so it’s going to apply across the board rather than being patchwork at the state and local level.
The Deadlines You Need to Know
April 24, 2026: Public entities (cities and counties, e.g.) with 50,000 or more people (per the Census Bureau) are going to have to comply with these new regulations. All of your digital content is going to have to be accessible.
April 24, 2027: Public entities with less than 50,000 people (like small towns, small counties), as well as special district governments, will have to comply with this new rule. That means that all of your digital content is going to have to be accessible as of April 2027.
What Does “Accessible” Actually Mean?
Great question! In a nutshell, websites, mobile apps, and all digital content, including social media posts, must be fully usable for people that use keyboards to navigate and to people that use screen readers. I generally use those two groups as an example of, if those people are able to use your content, then your content’s accessible. That’s it in a nutshell.
“Accessible” means all of your images and illustrations have to have alt text. This means that images have a text alternative to just seeing something on screen. Your content needs to be structured using formatting like headings. Your text needs to be readable by everyone. Think color contrast, think font choices, think use of bold or underline. Videos have captions. And there’s a lot more besides that.
The bottom line is all your digital websites and your apps must meet specific technical guidelines for accessibility: WCAG.
Tell Me More!
The specific guidelines that you are required to meet are WCAG 2.1 level AA. Again, this includes all of your digital content, websites, public digital files, apps, even social media posts. WCAG stands for Web Content Accessibility Guidelines. These are the technical standards to which your content must adhere.
“2.1” is the current version of WCAG, meaning the most up-to-date, and “AA” is the level of WCAG 2.1 that your content must meet. There is a lower level, “level A,” and a higher level, “level AAA.” You should aim for level AA.
Note: WCAG are the gold standard for accessibility. These aren’t just something being used for state and local governments. This is what’s required of federal institutions and anyone that wants to have accessible content: everyone refers to WCAG for accessibility. These guidelines are created by W3C, which is the organization that sets the standards for the internet.
WCAG are free to consult. They are available freely online for your reference. They can be intimidating, so I also have a checklist for you, and I’ve got resources for you at the end of this post!
Are There Any Exceptions?
Yes, but you must read the fine print. Your exceptions might include archived web content, such as things that are publicly accessible but archived, as in you are meeting compliance rules by having them publicly available online in an archive on your website. You might have some pre-existing electronic documents that might be grandfathered in. If there’s third party content, that might not have to comply, and if you have anything password-protected, you don’t have worry about it. Pre-existing social media posts will be grandfathered in, so dates really matter here. There are lots of details! And I am not a lawyer, okay? I’m not the last word for any of this. Contact your own legal counsel and get the full details at ada.gov.
Key Takeaways
Start planning now. The exceptions are pretty narrow, so don’t rely on exceptions. Start thinking about what you have and what you’re going to have to change. You can take down stuff, too, if it’s not accessible. If you have documents that are currently being used and currently being offered, these are going to need to be fully compliant. And of course, if you have anyone that needs individual accommodations, you’re still going to have to fulfill those.
What’s Next for You?
What should you be doing next? Look at your content. Look at all of your digital content, websites, mobile apps, social media. Figure out how accessible it is and what needs to happen for it to be accessible. Review your archives. What’s publicly available? What are your policies?
Think about what needs to be online and what doesn’t need to be online. That can be your first thing. Declutter and you’ll have less stuff that you have to make accessible.
Start planning staff training on WCAG 2.1 level AA. These are the exact standards that your content will need to meet. WCAG 2.1 refers to the currency of the rule. So these are the most modern rules. Level AA is the level to which they need to adhere. So there’s actually level A which is a lower standard, level AAA which is a higher standard. We’re aiming for level AA of WCAG 2.1. And these are pretty achievable.
Budget now. Think about what money you have for accessibility improvements and start establishing procedures now so that you can get up to speed on accessibility on all your content and you’re not going to be producing more content along the way that’s inaccessible and has to be remediated.
You Can Do This!
There are tons of resources for you. I’ve got a checklist for you below. That checklist includes links to my YouTube videos on accessibility to get you started. Listen: you just have to get started! You can get 90% of it done on your own. There is some devil in the details, but make a good faith effort towards accessibility now. It’s going to serve you in the long run.
You can do this. State and local governments, public libraries, you can do this. Start small. Make a plan. This will save you a lot of panic when these deadlines come to pass and you must comply!
Resources
Getting Started
More Resources
- Federal Register: Final Rule
- State and Local Governments: First Steps Toward Complying
- Small Business Administration: Compliance Deadlines
- Exceptions to the Rule
This post is based on current understanding of the ADA revisions. For official guidance and legal advice specific to your situation, consult with your legal counsel and visit ada.gov for the most up-to-date information.