Title II Web Updates

Overview

Expand FAQ List

  • State and local governments (including public higher education) provide many of their services, programs and activities through websites and mobile apps. When these websites and mobile apps are not accessible, individuals with disabilities may lose access to government services guaranteed to them.

    The Department of Justice determined it was time to add an official technical standard to the Americans with Disabilities Act and updated Title II to include the Web Content Accessibility Guidelines using the 2.1 AA standards.

  • WCAG 2.1 was designed to better address mobile app accessibility that was largely ignored in the previous 2.0 version of WCAG. There are 17 new criteria that better address low vision, manual use of touch screens, cognitive and learning disabilities, speech input, blindness and vestibular.

  • In some limited situations, state and local governments may be able to show that their web content or mobile apps do not meet WCAG Version 2.1, Level AA in a way that is so minor that it would not change a person with a disability’s access to the content or mobile app. If the state or local government can show that, then they are not violating the rule.

    State and local governments cannot use this part of the rule to avoid trying to meet WCAG 2.1, Level AA. If a state or local government’s web content does not fully meet WCAG 2.1, Level AA, there are many things the government would have to prove to show that they did not violate the rule.

  • TXST is required to conform to these new rules by April 24, 2026.

  • Yes, we will be required to assess vendor accessibility at the 2.1 AA level if their product is a web or mobile app. Operating systems, IT hardware that does not have an associated cloud application, and desktop software will continue to evaluated at the 2.0 AA level.

    It is a best practice to ask your vendor account managers or support representatives for their latest VPAT and request it be evaluated at the 2.1 AA level.

  • From section § 35.204 Duties:

    "Where a public entity can demonstrate that compliance with the requirements of § 35.200 (Title II web updates) would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens, compliance with § 35.200 is required to the extent that it does not result in a fundamental alteration or undue financial and administrative burdens.  

    In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with § 35.200 would result in such alteration or burdens."

Requirements

Much of this information comes from the U.S. Department of Justice Civil Rights Division's Fact Sheet on Title II updates. Please reference that resource for more indepth examples of each requirement.

  • Requirement: The Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA is the technical standard for state and local governments’ web content and mobile apps.
  • Requirement: State and local governments’ web content usually needs to meet WCAG 2.1, Level AA.
  • Requirement: State and local governments’ mobile apps usually need to meet WCAG 2.1, Level AA

Exceptions

In limited situations, some kinds of web content and content in mobile apps do not have to meet WCAG 2.1, Level AA.

Summary of Exceptions

Archived web content

State and local governments’ websites often include a lot of content that is not currently used. This information may be outdated, not needed, or repeated somewhere else. Sometimes, this information is archived on the website.

Web content that meets all four of the following points would not need to meet WCAG 2.1, Level AA:

  1. The content was created before the date the state or local government must comply with this rule, or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before the government must comply with this rule, AND
  2. The content is kept only for reference, research, or recordkeeping, AND
  3. The content is kept in a special area for archived content, AND
  4. The content has not been changed since it was archived.

This exception does not apply unless all four points are present.

Preexisting conventional electronic documents

Some state and local governments have a lot of old documents, like PDFs, on their website. It can sometimes be hard to make these documents meet WCAG 2.1, Level AA.

Documents that meet both of the following points usually do not need to meet WCAG 2.1, Level AA, except in some situations:

  1. The documents are word processing, presentation, PDF, or spreadsheet files; AND
  2. They were available on the state or local government’s website or mobile app before the date the state or local government must comply with this rule.

This exception does not apply unless both points are present.

Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a public entity

Third parties sometimes post content on state and local governments’ websites or mobile apps. Third parties are members of the public or others who are not controlled by or acting for state or local governments. The state or local government may not be able to change the content third parties post.

  • Content that is posted by third parties on a state or local government’s website or mobile app would not need to meet WCAG 2.1, Level AA.

This exception only applies to content posted by a third party.

Individualized documents that are password-protected

State and local governments sometimes use password-protected websites to share documents that are for specific individuals, like a water or tax bill. It might be hard to make all of these documents accessible right away for everyone, and there might not be a person with a disability who needs access to these documents.

Documents that meet all three of the following points do not need to meet WCAG 2.1, Level AA:

  1. The documents are word processing, presentation, PDF, or spreadsheet files, AND
  2. The documents are about a specific person, property, or account, AND
  3. The documents are password-protected or otherwise secured.

This exception does not apply unless all three points are present.

Preexisting social media posts

For many state and local governments, making all of their past social media posts accessible may be impossible. There also may be very little use to making these old posts accessible because they were usually intended to provide updates about things happening at the time they were posted in the past.

For these reasons, social media posts made by a state or local government before the date the state or local government must comply with this rule do not need to meet WCAG 2.1, Level AA.

Exceptions to the Exceptions

Web and mobile content that promote services, programs or activities provided by TXST should conform to WCAG 2.1 AA. If this is not possible, Title II still requires that we provide effective communication, reasonable modification and an equal opportunity to participate in or benefit from our services, programs and activities.

Every effort must be made to provide accessible digital content even if it cannot be made 2.1 AA conformant.

Use of Conforming Alternate Versions

  • Sometimes a state or local government tries to have two versions of the same web content or content in a mobile app: one version that is not accessible and another version that is accessible and provides all the same information and features. The second version is called a “conforming alternate version.”
  • Usually state and local governments should not have a main web page that is inaccessible and a separate accessible version of the same content, because people with disabilities should get equal access to that content on the same page.
  • Under the rule, state and local governments may use conforming alternate versions as an alternative to inaccessible content only in very limited circumstances. State and local governments are allowed to do this only when there is a technical or legal limitation that prevents inaccessible web content or mobile apps from being made accessible.