9 Steps to Meet the DOJ's Web Accessibility Ruling

Picture this: A resident with low vision spends the better part of two hours trying to complete what should be a simple task on a government website: applying for a permit online. Instead, unable to complete the process digitally, they give up in frustration and head over to city hall.

When government websites and apps are inaccessible, trust erodes, and residents either miss essential services or must make in-person visits.

With DOJ accessibility ruling deadlines on the horizon, state and local governments need a clear plan to meet their compliance date and a sustainable path to maintain compliance as mandates and resident expectations evolve.

But web accessibility isn’t just about meeting a requirement. When done right, it can create a more trusted, civic front door for every resident. These nine steps show how.

9 Steps to Navigate the DOJ Accessibility Ruling

This section outlines nine steps to navigate the ruling, meet compliance deadlines, and build a sustainable plan for ongoing accessibility.

Step 1: Understand the DOJ Accessibility Ruling and WCAG 2.1 Standards

Multiple resources are available to support understanding the requirements.

It’s always good to familiarize yourself with the full DOJ ruling. For quick summaries and practical guidance, use these resources:

• ADA Fact Sheet and Small Entity Compliance Guide for high-level overviews from the ADA.
• CivicPlus® Web Accessibility 101 and Web Accessibility Checklist for actionable steps tailored to public entities.
• ADA’s Topics and Resources pages provide additional resources that may help clarify the ruling and each public entity’s other obligations under ADA.

The ADA Information Line is also available for additional support.

A clear understanding of these requirements up front supports informed decision-making and helps ensure an accurate, sustainable compliance plan.

Step 2: Know the DOJ Compliance Deadline and What Determines It

One of the first things public entities must do is confirm their compliance deadline. The DOJ’s accessibility ruling sets two key dates based on population size:

• April 24, 2026, for entities with a population of 50,000 or more
• April 26, 2027, for entities under 50,000 and special districts

Missing these deadlines can put an agency at risk of noncompliance, so it’s critical to know which category applies.

How Population Is Determined for DOJ Accessibility Compliance

Population size often determines the DOJ accessibility compliance deadline, and several resources can be used to confirm it.

Most public entities should use the population recorded in the 2020 decennial Census, which can be found here. Entities without a Census-counted population should use the population of the state or local government to which they belong.

An independent school district should use its district’s population in the 2022 Small Area Income and Poverty Estimates (SAIPE).

Keep in mind: Confirming requirements with legal counsel can help ensure deadlines are met and reduce the risk of fines.

Step 3: Assign Roles and Responsibilities

After confirming the applicable compliance deadline, public entities should determine who will lead and support accessibility efforts.

Start by identifying key stakeholders. While ADA coordinators, IT, and web development teams will play a major role in implementing technical changes, they’re not the only ones involved. For instance, leadership teams can help set priorities and secure resources. Procurement staff can help make sure purchased or licensed technology meets accessibility standards.

As stakeholders are identified, organizations should assess whether existing staff or volunteers have experience with web accessibility. If internal expertise is limited, consider bringing in outside specialists or consulting individuals who have used assistive tech in their daily lives.

From here, define who is responsible for each task and communicate those responsibilities and who owns what across departments. This can reduce confusion as organizations work toward compliance.

In some cases, tailored legal guidance may be needed. Make a plan now for who to reach out to, so it doesn’t raise concerns later (especially if a compliance deadline is around the corner).

For more planning resources, consult the W3C’s resources on assigning responsibilities, combining expertise, and working with users with disabilities.

Step 4: Train the Team

Organizations should begin team training sooner rather than later. Investing in training early helps teams build the knowledge needed to implement changes effectively and maintain compliance over time.

Start with foundational training for all staff so everyone understands what accessibility means, how it affects residents, and why it matters for both legal compliance and building more community trust.

The W3C offers multiple resources for this, including:

• Introduction to Web Accessibility
• How People with Disabilities Use the Web

For entities developing their own training, the W3C offers its Developing Web Accessibility Presentations and Training and its Curricula on Web Accessibility.

From there, provide specialized training based on roles and responsibilities. For instance:

• Writers, designers, and communication teams need training on accessible content design, including headings, links, alt text, color contrast, and document structure.
• Web developers and testers need deeper training in coding patterns that meet WCAG 2.1 AA and an introduction to automated and manual testing tools.
• Procurement staff need training in how to ask for and evaluate accessibility information (such as VPATs or accessibility conformance reports) when purchasing technology or services.

Step 5: Take Stock of Web Content and Apps

Before making meaningful accessibility improvements, public entities need a clear picture of the web content, mobile apps, and documents they are responsible for. Start by cataloging all digital assets, including:

• Websites (primary and departmental sites)
• Mobile apps
• Digital documents such as PDFs, forms, videos, and presentations

This process is essentially a digital audit, and it’s critical for identifying where accessibility gaps exist. A thorough audit sets the foundation for ongoing compliance and helps ensure no critical content is overlooked.

Asking questions like the following can kick off the audit:

• How many websites does our public entity manage?
• What third-party vendor content do we host or link to?
• Are there other places on the web that my public entity posts to?

The answers will help prioritize updates for high-impact areas first, like the main website, online payment forms, and most-used apps, helping to prioritize work on what residents need and use most.

Step 6: Understand Exceptions

It’s possible that some digital content may be exempt from the ruling. Most digital content will need to comply with WCAG 2.1, but there are some limited exceptions:

• Some archived content
• Some preexisting conventional electronic documents
• Some content posted by third parties
• Certain individualized, password-protected documents
• Preexisting social media posts

Keep in mind: These limited exceptions have specific definitions in order to be considered exempt. To better understand those exceptions, review the Fact Sheet, the Small Entity Compliance Guide, or the full rule.

Step 7: Prioritize and Begin Implementing Fixes

After compiling all apps and digital content and identifying which assets must comply with WCAG 2.1, the next phase includes evaluating accessibility gaps and prioritizing fixes.

Evaluate Accessibility and Identify Fixes

Start by assessing the accessibility of existing websites, mobile apps, and digital documents. This evaluation informs next steps and helps define the overall scope of work. The W3C offers multiple resources that can help, including:

• Preliminary checks to help identify common issues.
• Suggestions for choosing web accessibility evaluation tools. CivicPlus also offers a free web accessibility scan to support initial evaluations.
• If existing content already meets WCAG 2.0 Level AA, the W3C details the requirements that are new to WCAG 2.1.

Keep in mind:

• Accessibility testing takes time and should begin well before compliance deadlines.
• Combining manual checks with automated tools can provide a more complete picture, so consider holistic solutions.
• Documenting the process and including testing protocols in the accessibility policies can help entities stay consistent.

Prioritize What to Fix First

Organizations may not be able to address every issue at once, so focus on high-impact areas first. Prioritize content that:

1. Has been flagged as inaccessible by users with disabilities.
2. Enables key tasks like registrations, payments, or form submissions.
3. Is frequently accessed or critical for essential services.
4. Appears across multiple pages, such as navigation menus or templates.
5. Is currently in development (to prevent new barriers).

For more guidance, explore the W3C’s resources on prioritizing issues and interim repairs.

Step 8: Develop Accessibility Policies

Long-term success starts with clear policies. These policies may complement existing ADA nondiscrimination policies and should outline how the organization will meet and maintain compliance with the DOJ’s rule.

For example, a policy might state that all new web content must meet WCAG 2.1 AA, that key pages are checked quarterly, and that procurement requires accessibility conformance documentation for new software.

Consider including topics such as:

• Accessibility standards
• Testing protocols
• Procurement requirements
• Staff responsibilities

Both the W3C and the Small Entity Compliance Guide offer suggestions to help organizations create their policies.

Step 9: Create an Ongoing Compliance Plan

Web accessibility is an ongoing commitment. The DOJ’s ruling requires public entities to stay compliant, so organizations need a plan to help account for changes as technology, standards, and content evolve.

Here are some tactics for maintaining accessibility long-term:

• Establish monitoring processes: Regularly review websites, mobile apps, and digital documents to confirm they continue to meet WCAG 2.1 Level AA standards. Document what is checked and fixed.
• Track new content and technology changes: Every update or new piece, whether it’s a new page, app feature, or third-party integration, should be checked for accessibility.
• Keep staff trained and informed: Accessibility standards change over time. Ongoing education helps teams stay ahead of updates and best practices.

Building accessibility into workflows now will help save time, reduce risk, and improve the experience for all residents. But you don’t have to go it alone.

CivicPlus can help you achieve compliance and maintain it with tools, expertise, and ongoing support, reducing the burden on internal teams.

Start with a Free Scan

If you’re unsure how your website performs in accessibility, content quality, broken links, and other usability areas, a free accessibility scan and consultation can show you where you stand and what to tackle first.

Get a free scan today to understand how accessible your site is and get a clear plan to improve it.

FAQs

Do private businesses have to meet Title II of the Americans with Disabilities Act (ADA)?

Generally, no.

Private businesses are generally covered by Title III of the ADA, which prohibits discrimination in places of public accommodation (e.g., most businesses offering goods or services). While courts and DOJ enforcement actions have found that inaccessible websites may violate Title III’s requirements to provide effective communication, the DOJ has not yet issued a specific web accessibility regulation under Title III that mandates WCAG or similar standards for private businesses.

As a result, some private businesses voluntarily follow WCAG guidelines as a best practice to reduce legal risk, but they are not subject to the DOJ’s new Title II web accessibility rule by default.

Can a private business ever be required to comply with Title II accessibility requirements?

Yes, in certain circumstances.

A private entity can be required to comply with the DOJ’s Title II accessibility rule when it is effectively acting as a contractor or performing a public program on behalf of a public entity.

In these situations, the private business is effectively acting on behalf of a public entity, and the accessibility obligations attach to the government service being provided, but not to the business’s unrelated private operations.

Examples may include:

• Vendors operating government websites or online portals
• Private companies administering public education, transit, or benefit programs
• Third-party platforms delivering digital services for public entities

Disclaimer:
This content is provided for general informational purposes only and does not constitute legal advice. CivicPlus makes no guarantees as to the accuracy or suitability of this material and disclaims all liability for actions taken or not taken based on it. Use of this content does not create any attorney-client or advisory relationship. You should consult your own legal counsel before adopting or implementing any policies. CivicPlus may update or withdraw this material at any time without notice.