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Are you ready for the ADA Title II deadline? What public boards need to know about digital accessibility today

October 28, 2026
•
10 min read
The Diligent team

The Diligent team

GRC trends and insights

For public boards of education and local government councils, accessible websites and apps are a bedrock of community trust. They enable constituents to consume public information, take part in public services and participate in virtual meetings across vision, hearing and mobility levels, making them an integral part of decisions and the democratic process.

Such accessibility is also a legal requirement. At the federal level, the Americans with Disabilities Act (ADA) stipulates detailed requirements for a public-facing organization's operations and communication, from captions to sign language interpretation. By April 26, 2027, state and local governments serving 50,000 or more people must meet the DOJ's WCAG 2.1 Level AA requirements for web content and mobile apps.

The countdown to ADA Title II compliance is on. At the same time, many state and local governments have their own accessibility requirements for online content, and these policies are evolving as well.

There's much to track if you're a public sector leader in the U.S. today who cares about making your online content accessible and compliant.

What does it take to comply with ADA Title II? How can you stay ahead of regulations and expectations? Read on to dive deeper into:

  • The upcoming April 26 Title II deadline
  • State rules and policies for accessible digital content
  • The many benefits of a compliant, accessible online presence
  • Ways to stay ahead as the regulatory landscape evolves

The upcoming April 26 Title II deadline

Under the DOJ's updated compliance dates, state and local governments serving populations of 50,000 or more must meet the rule by April 26, 2027. Smaller entities and special district governments have until April 26, 2028. The rule covers websites, mobile apps and other web content made available as part of government programs, services and activities.

State rules and policies for accessible digital content

Legal requirements for accessible online content vary widely from state to state, with more and more state policies dovetailing with ADA requirements and updates, or even leading the way.

  • New York requires state entities to meet WCAG 2.2 Level AA by January 2027, ahead of the federal Title II deadline, and its ITS Policy sets out detailed testing, inventorying and documentation requirements for information and communications technology.
  • June 2024 updates to the Illinois Information Technology Accessibility Act (IITAA) made WCAG 2.1 Level AA the benchmark for state and local government three years before the ADA Title II deadline.
  • Colorado's Technology Accessibility Rules outlined its own detailed rules for digital accessibility standards in 2025.
  • Pennsylvania's Digital Accessibility Policy requires archived digital content to be made available in an accessible format to individuals who need access to it.
  • Virginia's ITAA requires an ICT accessibility clause in vendor contracts and certification of conformance with federal Section 508 and other standards.
  • Washington's Policy 188 applies to websites, web applications, mobile apps, electronic documents, software and digital content produced or purchased by state agencies.
  • California requires state agencies and entities to post a signed certification that a public website complies with Government Code sections 11135 and 7405 and WCAG 2.0 Level AA or any later version at Level AA.

Municipal and higher education leaders should become familiar with the specific regulations in their jurisdictions, then monitor these rules closely as they evolve.

The many benefits of a compliant, accessible online presence

To realize just how important federal regulations like ADA Title II and state policies for online content are, consider what happens when such accessibility is lacking. When community members struggle with online controls or captions, they get frustrated and trust suffers as a result.

Along with diminished community participation and trust, inaccessible online content and services bring the risk of investigations, litigation and fines. The Delaware Government Information Center reminds public sector leaders that penalties for ADA violations were adjusted for inflation in 2024. "A first violation can now result in a $115,231 fine, increasing to $230,464 with a second offense."

Title II significantly increases the scope of what a public sector organization can get fined for. But municipal and higher ed leaders need to be vigilant in the months leading up to the April 26, 2027 ADA Title II deadline as well.

"Private plaintiffs and advocacy organizations can (and likely will) still sue during the extension period," law firm Duane Morris cautions. HHS Section 504 rule, which has already imposed parallel web and mobile accessibility requirements on recipients of HHS funding, is another heads up. "Healthcare providers, educational institutions and other HHS-funded entities should plan accordingly."

"As regulations continue to evolve, school boards and local governments must adapt to ensure accessibility and engagement for all. By doing so, we not only meet legal requirements but also strengthen community engagement and encourage greater participation."
— Kristin Karel, Director for Public Sector Governance, Diligent

5 ways to stay ahead as the regulatory landscape evolves

Maybe you've already gone through your website, mapped these pages against Title II requirements and made the necessary upgrades.

But that's just the tip of the iceberg. You'll also need policies and tools for future content, from inclusive language, text size and color contrast to accessible headings, prompts, audio controls and navigation. Livestreamed and recorded meetings, archives, third-party content and apps all become part of the public record. The time, budget and expertise needed to manage it all can feel daunting.

Here are some tips for getting started.

1. Get to know WCAG 2.1 Level AA

Developed with the input of disability advocates, government agencies and accessibility research organizations, the Web Content Accessibility Guidelines (WCAG) provide a roadmap for making the digital world accessible to people with disabilities. WCAG 2.1, Level AA WCAG 2.1 Level AA is the technical standard for state and local governments' web content and mobile apps under ADA Title II.

It includes rules for how PDF documents are created, how agendas and minutes are published, closed captioning requirements for videos, and more. To ensure your current footprint and future plans meet this new standard, you'll want an in-depth understanding of these updated guidelines.

2. Take an honest look at your archives

A typical school board or city council's archives can encompass hundreds of agenda packets and budget reports, along with years of supporting documents, policy files and public records going back a decade or more.

PDF documents don't automatically become accessible to screen readers or assistive technologies. Making them accessible often requires remediation of each individual file: Tagging, structure, alt text and more. To add to the challenge, each meeting cycle generates new documents for your archives.

Are your tools, team and internal timeline up to the challenge?

3. Audit your third-party apps and content

Many public sector organizations use outside partners for parking and other services and use third-party content to augment their own digital presence.

Unless these situations specifically fall within Title II exemptions, your leadership is responsible for making sure they meet WCAG 2.1 Level AA accessibility standards.

4. Give your small community a big step forward

You serve a town of less than 50,000 people. Even though the Department of Justice gives you an extended deadline for ADA Title II compliance, now is not the time to be complacent.

April 2028 isn't that far away either. Given the work involved, and a workforce and budget that is likely more limited than that of a larger municipality, you'll need every minute of this extended timeline.

5. Focus on the fundamentals

Many of ADA Title II and state regulatory principles remain constant and should already be in practice at your institution:

  • Making text accessible for people with low vision
  • Ensuring clear lip-reading and captioning for live and virtual meetings
  • Accommodating screen readers and other adaptive technologies for consuming information and using online services

The right solution gets you closer to the finish line

Now it's time to bring technology into the equation.

It may be tempting to consider a general-purpose, widely available commercial solution for ADA Title II and other compliance requirements. Social media video platforms, for example, are great for amplifying your message and the reach of your public meetings. Many offer basic auto-captions as well.

But they were never built with the needs of a public sector board in mind. And with many of these platforms, you still have to manually add links to your agenda, minutes and supporting documents as well.

Diligent Community's accessible, ADA-compliant public transparency site connects boards, staff and members of the public to essential documents such as meeting agendas, policies and supporting materials in compliance with U.S. open meeting laws and Title II requirements.

  • Livestream Manager publishes an accessible meeting record straight from your transparency site, with the agenda timestamps, captions, transcripts and approved minutes automatically linked.
  • Livestream Plus supports captioning for up to five languages during live broadcasts and auto-translated captions for on-demand viewers.
  • DocAccess automatically generates accessible HTML versions of current and future PDF documents, improving document accessibility without the need to remediate every file manually.

Our accessibility documentation includes an independent evaluation and an Accessibility Conformance Report, completed using the Information Technology Industry Council's Voluntary Product Accessibility Template (VPAT), which maps a product's conformance to specific Section 508 criteria.

Please note that Diligent Community tools do not guarantee legal compliance. Your organization is still responsible for configuration, transcript review and legal interpretation.

Get your board ahead of the April 2027 deadline and other accessibility-related compliance requirements. Request a demo

Explore more useful resources for ADA Title II compliance

Daunted by all the digital files of minutes and reports as the April 26 deadline nears? Get practical tips in our blog on PDF archive accessibility.

Not sure where to start with your document archive? Our ADA Title II document accessibility guide and checklist walks you through assessing your readiness gaps and includes a checklist to align your leadership team on a realistic plan.

Make sure your virtual meetings meet the latest regulations, including rules for accessibility, with our virtual meeting regulations guide.

Frequently asked questions about ADA Title II compliance

Who enforces ADA Title II? What happens if we don't comply?

Enforcement of ADA Title II is handled by the U.S. Department of Justice (DOJ), Civil Rights Division.Public transit accessibility is enforced by the Federal Transit Administration (FTA). Non-compliance can bring legal actions, financial penalties and reputational damage.

What does it take to comply with ADA Title II?

To comply with ADA Title II, state and local government agencies must ensure that their website content and mobile apps for programs, activities and services meet the WCAG 2.1 Level AA technical standard by April 26, 2027 for state and local entities with a population of 50,000 or more and by April 26, 2028 for smaller state and local entities.

What's the difference between ADA Title II and ADA Title III?

Title II applies to state and local governments. Title III applies to businesses and nonprofits that are open to the public.

How does ADA Title II relate to Section 508?

ADA Title II and Section 508 are two distinct laws with overlapping intentions and requirements, including use of the WCAG 2.0 Level A and AA technical standard for web content and electronic documents. Section 508 is part of the Rehabilitation Act of 1973. Title II is part of the Americans with Disabilities Act (ADA), enacted in 1990.

Does ADA Title II require closed captioning for public meetings?

ADA Title II requires effective communication through appropriate auxiliary aids and services. Depending on the circumstances, that may include real-time captioning for live meetings and captions or transcripts for recorded meetings.

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