Title II FAQ: Top 10 Questions and Answers

Yes, Title II does apply to websites and mobile apps. It also applies to digital documents, such as PDFs, and to media, such as sound, images, and video. It is directed at state and local government programs, services, and activities that include digital content and apps used to deliver those services.

The official definition of “Web content,” according to Title II, is the information and experiences available on the web, like text, images, sound, videos, and documents. You can find more information about how the Department defines “web content” in the rule in the section of the appendix called “Section 35.104 Definitions.”

WCAG 2.1, level AA is the technical standard for state and local governments’ web content and mobile apps under Title II of the ADA.

This does not stop state or local governments from using designs, methods, or techniques as alternatives to WCAG 2.1, Level AA. “Equivalent facilitation” allows for these alternatives, provided the state or local government can prove they are the same or more accessible and usable.

All state and local government entities and any program, service, or activity they operate or control must comply with Title II of the ADA.

Examples of state and local governments include:

• State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
• Public schools, community colleges, and public universities
• State and local police departments
• State and local courts
• State and local elections offices
• Public hospitals and public healthcare clinics
• Public parks and recreation programs
• Public libraries
• Public transit agencies

Digital content must be as usable and understandable for people with disabilities as it is for others. The nature of communication differs, and effective communication may differ as well. Examples of communication aids and servers are:

• American Sign Language interpreters
• Video remote interpreting
• Notetakers
• Large print materials
• Captioning
• Accessible electronic and information technology
• Other similar services and actions

No. Automated tools can be useful for things like discovery and monitoring progress and regression, but must be combined with manual review, expert testing, and user testing with people with disabilities.

There are many considerations when prioritizing remediation. One strategy is to start with high‑impact services (voting, licensing, forms, payments), then address high‑traffic pages and transactional flows; document risk and timelines. Your usage metrics, along with identifying significant barriers, can be good metrics to consider.

There are many different ways to demonstrate good-faith compliance. They include:

• Inventories of digital assets covered under Title II of the ADA
• The results of manual accessibility audits
•  Remediation plans, timelines, and results
•  Procurement policies and procedures
• Records and results of accessibility testing
• Accessibility statements

Public entities should publish a clear contact and process for requests and complaints.

• Users can also file complaints with the DOJ or state enforcement agencies.
• File a complaint by submitting a report on the Department of Justice’s Civil Rights Division website.
• Fill out and send the paper ADA Complaint Form (Regular Format | Large Format) or a letter containing the same information, to: U.S. Department of Justice
  Civil Rights Division
  950 Pennsylvania Avenue, NW
  Washington, DC 20530

The government entity that provides or controls the content remains responsible. This is why it is important to include accessibility requirements in contracts and procurement. Examples of third-party content and vendor products include:

• calendars
• scheduling tools
• maps
• reservations systems
• payment systems

Timelines vary by entity size and rulemaking; failure to act can lead to enforcement, litigation, or required corrective action. It is recommended that prioritized remediation be documented to reduce risk.

• Entities with 50,000 or more people have until April 26, 2027
• Entities with fewer than 50,000 people have until April 26, 2028