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Simkins and Elgazar

ADA Title II Web Rule Deadlines: April 2027 and April 2028

Ahmed Elgazar, Simkins & Elgazar
ADA Title IIWCAG 2.1state and local governmentcompliance deadlines

State and local governments with a total population of 50,000 or more must now meet the Title II web and mobile app rule by April 26, 2027. Public entities under 50,000 people, and all special district governments, have until April 26, 2028. The Department of Justice moved both dates back one year in an interim final rule published April 20, 2026. The standard did not change: WCAG 2.1 Level A and AA.

This is general information, not legal advice.

Was the deadline really extended?

Yes. The original rule, published April 24, 2024, set April 24, 2026 for larger entities and April 26, 2027 for smaller ones. The interim final rule (91 FR 20902) moved those to April 26, 2027 and April 26, 2028. It took effect April 20, 2026, and DOJ took comments through June 22, 2026.

DOJ said the rule "does not alter the substantive requirements" of the 2024 rule. It only changes the timing. The amended text sits in 28 CFR 35.200(b).

As of the current eCFR text (checked September 29, 2026), the dates read 2027 and 2028, and no later final rule has changed them. That could change, so check ada.gov before you plan around it.

What are the current dates?

| Entity | Compliance date | |---|---| | Public entity with a total population of 50,000 or more | April 26, 2027 | | Public entity with a total population under 50,000 | April 26, 2028 | | Any special district government, any size | April 26, 2028 |

Who counts as 50,000 or more?

Your size is your total population as defined in 28 CFR 35.104, and the definition leans on Census Bureau figures. For most cities, counties and towns, it is the population the Census Bureau calculated for that entity in the most recent decennial Census.

Three variations matter:

  • An independent school district uses the Census Bureau's most recent Small Area Income and Poverty Estimates for that district, not the decennial count.
  • An entity with no Census figure of its own, other than a special district or school district, that is an instrumentality or commuter authority of governments that do have one, uses the combined decennial Census population of those governments.
  • Amtrak uses the population of the United States.

Find your entity in the Census data and read the number. Site traffic, service area and headcount do not enter into it.

What is a special district government?

A special district government is a public entity, other than a county, municipality, township or independent school district, that state law authorizes to provide one function or a limited number of functions. It must have enough administrative and fiscal autonomy to be a separate government. Its population is not calculated in the decennial Census or in the Small Area Income and Poverty Estimates.

Examples include a water or transit authority set up under state law. Whether a given body qualifies depends on that state law, so confirm it. DOJ also published guidance on calculating population and identifying special districts in Appendix D to 28 CFR part 35.

Special districts get the later date even if they serve a large area.

What standard do you have to meet?

WCAG 2.1 Level A and Level AA, set out in 28 CFR 35.200(b). The requirement covers web content and mobile apps that the entity provides or makes available, directly or through contractual, licensing or other arrangements. Content run by a vendor on your behalf can fall inside that language.

WCAG 2.2 is newer, but the rule incorporates 2.1. Our post on WCAG 2.2 vs 2.1 covers the differences.

What is exempt?

28 CFR 35.201 lists five exceptions:

  • Archived web content, as defined in 35.104.
  • Conventional electronic documents available before your compliance date, unless people use them to apply for, gain access to, or take part in your services, programs or activities.
  • Content posted by a third party, unless the third party posts because of a contract, license or other arrangement with you.
  • Individualized, password-protected documents about a specific person, their property or their account.
  • Social media posts made before your compliance date.

Separately, you are not required to comply where you can show it would cause a fundamental alteration in a service, program or activity, or undue financial and administrative burdens. You carry the burden of showing that.

What should you do now?

Use the extra year to fix things in priority order.

  • Look up your population and confirm which date applies to you.
  • List every website, portal, vendor-hosted tool and mobile app you provide or make available.
  • Test against WCAG 2.1 AA. Automated scans catch only part of the problem, so include manual testing. See manual vs automated accessibility testing.
  • Fix what blocks people from applying, paying, registering or getting services first.
  • Put accessibility requirements into contracts with web and app vendors.
  • Re-test after fixes. Our post on what happens after an audit walks through that stage.

The new date leaves the rest of Title II in place. DOJ noted in the interim rule that state and local governments have been subject to Title II for decades.

What do audits usually turn up?

When we test sites against WCAG 2.1 AA, two problems come up again and again. The first is text without enough color contrast against its background (WCAG 1.4.3 asks for at least 4.5:1 for normal text). The second is video that starts playing on its own with no way to pause or stop it (WCAG 2.2.2, and 1.4.2 when it plays sound).

If you need a baseline against WCAG 2.1 AA before your date, see our accessibility audit service.

Sources

  • DOJ, Interim Final Rule, "Extension of Compliance Dates for Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities," 91 FR 20902 (Apr. 20, 2026), doc. 2026-07663: https://www.federalregister.gov/documents/2026/04/20/2026-07663/extension-of-compliance-dates-for-nondiscrimination-on-the-basis-of-disability-accessibility-of-web
  • Same rule, PDF on ada.gov (effective date, comment deadline, "does not alter the substantive requirements", Title II "for decades"): https://www.ada.gov/assets/pdfs/2026-ifr.pdf
  • 28 CFR 35.200 (Requirements for web and mobile accessibility; AG Order No. 6742-2026), eCFR: https://www.ecfr.gov/current/title-28/section-35.200
  • 28 CFR 35.104 (definitions of total population and special district government), eCFR: https://www.ecfr.gov/current/title-28/section-35.104
  • 28 CFR 35.201 (exceptions), eCFR: https://www.ecfr.gov/current/title-28/section-35.201
  • ADA.gov, Web Rule: First Steps (restates 2027 and 2028 dates): https://www.ada.gov/resources/web-rule-first-steps/
  • DOJ 2024 final rule, 89 FR 31320 (Apr. 24, 2024), original dates and WCAG 2.1 adoption (cited via the IFR above)
  • W3C, WCAG 2.1: https://www.w3.org/TR/WCAG21/