Among other legal considerations regarding inclusive and equitable practices confronting local governments, including school districts (collectively, “Local Governments”), in the near future Local Governments will be required to adhere to the Web and Mobile Accessibility Rule (Rule) under Title II of the American with Disabilities Act (ADA). As a reminder, Title II of the ADA prohibits discrimination against qualified individuals with disabilities in state and local government programs, activities, and services.
In April 2024, the Department of Justice (DOJ) under the Biden Administration issued the Rule to require that state and local governments’ web content and mobile applications are accessible to people with disabilities. 28 CFR Part 35.
Under the Rule, Local Governments must ensure their websites, social media pages, and mobile applications comply with the Web Content Accessibility Guidelines 2.1, Level AA standard (Standard). 28 CFR § 35.200(b). According to a DOJ Fact Sheet entitled, “New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments,” Local Governments may choose to apply a standard different from the Standard, so long as the alternative is a higher standard of accessibility, not a lower one.
The Standard covers a wide range of accessibility aspects – such as text readability, alternative text for images, keyboard navigation, and compatibility with assistive technologies like screen readers.
Not all Local Government web content must meet the Standard. More specifically, the Rule contains compliance exceptions for specific items, such as archived web content and content posted by third parties. However, Local Governments must be aware of the limitations to those exceptions. For example, archived web content (e.g., old policies or practices) must truly be archived information and pre-date the applicable compliance deadline. Additionally, Local Governments cannot contract with a third party to host the Government’s website, social media content, and mobile apps to avoid the Government’s obligations in complying with the Rule. Instead, the third-party exception only applies to content posted by an unaffiliated third party (e.g., a post by a community member on a Local Government’s social media page).
The Rule contains firm deadlines by which Local Governments must be in compliance with the extensive accessibility guidelines.
When Must Government Entities Comply?
Deadlines vary depending on the size of the population served:
- If the population is 50,000 or more, compliance is required by April 24, 2026. 28 CFR § 35.200(b)(1).
- If the population is less than 50,000, the deadline is April 26, 2027. 28 CFR § 35.200(b)(2).
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For Wisconsin school districts, the applicable population figure will generally be the population estimate in the most recent Small Area Income and Poverty Estimates (SAIPE). School districts entirely within one City or County may rely on the population figures for that city or county. For assistance in determining the applicable population figure for purposes of this Rule, please reach out to your RLL Attorney.
When the Trump Administration took office, it rolled back various Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives, including removing accessibility statements from federal websites and withdrawing several ADA guidance documents. Those actions have created confusions amongst Local Governments regarding their responsibility to comply with the Rule. For several reasons, including those listed below, it is advisable for Local Governments to move forward with developing and implementing a plan to meet the Rule’s requirements by the applicable deadline:
- The Administration has not caused the DOJ to change or rescind the Rule, nor has the Administration explicitly stated that the DOJ will not enforce the Rule.
- The DOJ still maintains guidance on the Rule, including the Fact Sheet referenced and linked above.
- The ADA and other disability rights laws (e.g., Section 504 of the Rehabilitation Act of 1973) remain law and prohibit entities receiving federal assistance from discriminating against individuals in their programs and activities based on disability.
- Even if the DOJ does not enforce the Rule, private citizens can still bring lawsuits against Local Governments in federal courts for noncompliance with the ADA.
- For school districts, the Wisconsin Department of Public Instruction (DPI) issued a reminder in May 2025 about the Rule and encouraged school districts to review DOJ materials soon.
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If your entity has not begun to already, it is important to start aligning your digital content to conform with the Rule’s requirements. This has the potential to be a large task for some Local Governments depending on how much effort will be required to bring current web and mobile app material into compliance with the Rule. Each Local Government will want to begin by conducting an accessibility audit of its websites and mobile apps to identify any potential barriers in adhering to the Rule and address any gaps based on the Standard. Acting early will allow for an orderly process of evaluation, identification of compliance gaps, developing solutions, and budgeting and implementing those solutions to meet the compliance standards and deadlines. Failure to comply with the Rule exposes Local Government entities to individual complaints with potential for compensatory damages, as well as agency investigations and compliance reviews, which can lead to cost and labor intensive corrective action.
