Title II of the Americans with Disabilities Act of 1990 (ADA) applies to “public entities.” Under the ADA, public entities are: (i) any State or local government; (ii) any department, agency, special purpose district, or other instrumentality of a State or States or local government; or (iii) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) of title 49). The Disability Rights Section of the Civil Division of the US Department of Justice (DOJ) enforces the ADA.

On April 24, 2024, the DOJ published a Final Rule revising its Title II regulations titled ‘‘Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” The rule required that all public entities subject to Title II comply with Web Content Accessibility Guidelines version 2.1 Level AA (Web Guidelines). The Web Guidelines are a set of internationally recognized standards developed by the World Wide Web Consortium (W3C) to ensure that digital content is accessible to all users, including those with disabilities. The rule required initial compliance with the Web Guidelines by April 24, 2026/27 depending on the population of the public entity.

On April 20, 2026, an Interim Final Rule (IFR) and request for comments was published in the Federal Register. The IFR extended initial compliance with the Web Guidelines to April 24, 2027/28 depending on the population of the public entity. It also requested public comment. A copy of the rule can be found here:  https://spelusolawoffice.com/wp-content/uploads/2026/04/2026-07663.pdf. Comments are due by June 22, 2026.