For many state and local governments, their digital services evolved organically: websites were developed, mobile applications added over time, and, as a result, digital accessibility has been an emerging concern rather than a core operational requirement. Because of this piecemeal evolution, many entities have not taken a strategic approach to accessibility, focusing on reactive fixes over time, without designing to standards, and without validating how services work with the assistive technologies (AT) that blind and low vision users rely on.
Recent updates to Title II of the Americans with Disabilities Act (ADA) changed things. Expectations for accessible websites and mobile applications used to provide services, programs, and activities are now clearer. Enforcement attention has sharpened, and many public entities are reassessing their digital environments to understand what readiness actually looks like and how far they have to go to comply with Title II.
Understanding the new requirements, what they apply to, and where compliance gaps exist can help organizations respond deliberately, without unnecessary disruption or panic.
Why organizations are catching up now
When the ADA was signed into law in 1990, the web was in its infancy, so the legislation’s text lacked explicit references to websites, let alone defining requirements for digital accessibility. For many years, public entities approached digital accessibility requirements based on a mix of court decisions, federal and state guidance, and evolving best practices from the digital accessibility field. This led to inconsistent interpretations, with some organizations focusing narrowly on websites, others relying on reactive remediation, or assuming partial Web Content Accessibility Guidelines (WCAG) conformance was sufficient without testing workflows using AT, like screen readers and screen magnifiers.
That ambiguity has now been removed. In April 2024, the U.S. Department of Justice (DOJ) finalized a rule for Title II digital accessibility, defining requirements for public-sector web content, documents, and mobile applications, removing long-standing uncertainty around how the law applies in digital environments. This rule established a clear, uniform expectation for digital accessibility across state and local government services, providing clarity both for public entities and their vendors.
As a result, organizations are now reevaluating accessibility of online services provided through websites, mobile apps, and documents, with increased attention to how people with disabilities access and engage with those services.
What changed for web and mobile accessibility
The updated Title II rule aligns digital accessibility requirements with WCAG 2.1 Level AA, establishing a consistent and internationally recognized technical baseline for evaluation. Importantly, this requirement includes a range of digital resources used to provide programs, services, and activities:
- Web content, including forms, images, video, and audio
- Digital documents such as PDF and Word files
- Native mobile apps
Examples of programs, services, and activities that might be offered through digital channels include:
- Access to public information, including laws and regulations, emergency plans, or voting locations
- Transactions, such as making payments or applying for services
- Access to education provided by public schools, colleges, and universities
The Title II rule also introduces clear compliance timelines. State and local governments serving populations of 50,000 or more generally have until April 2026 to conform, with extended timelines for smaller entities and special government districts. While these deadlines are important, readiness depends less on speed and more on taking a structured, defensible approach.
WCAG conformance provides a technical reference point, but it does not replace the broader Title II requirement to ensure services are usable by people with disabilities in practice. Additionally, when state or local laws establish higher or more specific accessibility requirements, those requirements apply alongside, and may exceed, Title II obligations.
Common gaps organizations discover
As organizations evaluate digital accessibility more comprehensively, several recurring gaps tend to surface, especially when expanding beyond automated scans and the desktop website experience.
Mobile apps overlooked
Mobile apps are frequently excluded from earlier accessibility efforts or assumed to be accessible by default. In practice, many apps are never tested with screen readers or screen magnification, leading to navigation, labeling, and gesture-related barriers that prevent independent use by blind and low vision users.
This gap is significant given how residents access services. According to the Pew Research Center, about 91% of U.S. adults own a smartphone, and many rely on mobile devices as a primary way to access online information and services. The updated Title II rule explicitly addressed mobile apps in part because they were often overlooked in prior accessibility evaluations.
Online form accessibility issues
Form accessibility, including digital versions of paper forms, remains one of the most common sources of accessibility barriers. PDFs with forms are frequently published without proper structure, labels, or reading order, making them difficult or impossible to use with screen readers.
Form issues don’t just affect PDFs. According to accessibility advocates WebAIM, missing or incorrect form labels are among the most common accessibility errors detected across websites, directly affecting usability for blind and low vision users. Nearly half of all homepages contained missing form input labels in 2025, highlighting how overlooked accessibility is in digital documents when not evaluated with AT functionality in mind.
Lack of keyboard and screen reader support
Interactive elements that require the use of a mouse, have inefficient or illogical focus order, rely on visual cues, or lack alternative text for images can block access entirely for users navigating with keyboards or AT like screen readers. These failures often surface in multi-step workflows, menus, and custom components rather than on individual static pages, particularly when users attempt to navigate or complete tasks using AT.
Overreliance on automation
Automated testing tools are helpful for identifying certain defects, but they cannot evaluate usability or task completion. Even with advances in AI, automated tools still identify only a portion of accessibility issues in a web page or document, leaving many potentially high-impact barriers undiscovered without human review.
Why accessibility must be sustained
A common misconception is that accessibility work is completed once initial conformance is achieved. In reality, digital services are constantly changing, and accessibility can regress over time if it is not maintained and baked into internal processes.
The reality is that public-sector digital environments evolve continuously:
- Content is added or updated; new functionality is introduced
- Vendor-supplied functionality and content changes
- Platforms and frameworks used to build websites and mobile apps evolve
- Operating systems, browsers, and assistive technologies change
Each change can introduce new accessibility barriers if accessibility is not embedded into ongoing processes. Even small updates can disrupt how AT interprets content, navigation, or workflows. To maintain compliance with ADA Title II and to continue to provide equal access for people with disabilities, accessibility must be an operational responsibility, not a one-time remediation effort. Compliance is tied to how services are delivered and maintained over time, including how updates, new content, and system changes are managed.
Sustainable accessibility practices help organizations maintain compliance and optimize user experience while reducing the cost, disruption, and risk associated with repeated retrofits. When accessibility is integrated into regular operations, teams are better positioned to adapt as digital services evolve.
Catching up without panic
The good news is that organizations do not need to fix every issue at once. A pragmatic approach should focus on a clearly defined, strategic commitment to progress, prioritizing the task of assessing and addressing current accessibility barriers while investing in improving processes, tools, and knowledge and skills amongst staff responsible for digital resources.
The most effective path forward starts with understanding the scope and applicability of Title II, inventorying current digital assets, evaluating accessibility through expert-led audits, testing with AT, and prioritizing remediation based on service impact and risk. This approach reflects how regulators evaluate accessibility in practice: by focusing on whether people with disabilities can access and use digital services using AT, not how many tickets were closed.
By focusing on progress, usability, and sustainability, organizations can align with ADA Title II requirements while steadily improving access for constituents and staff. A structured, phased approach helps teams move forward with clarity, without unnecessary disruption or last-minute remediation pressure.
Further reading: Usability testing with people who rely on assistive technology helps ensure digital services are not just technically conformant, but truly usable in real-world scenarios. Learn how usability and accessibility work together by exploring accessibility-focused UX design.
Assess your ADA Title II readiness
For many organizations, the challenge with ADA Title II readiness is knowing where to get started. An accessibility partner can streamline the compliance process, helping organizations navigate complex regulatory rules with confidence.
With over 30 years of experience in AT and accessibility implementation, Vispero’s Digital Accessibility Services help public entities assess current-state accessibility, identify high-impact barriers, and prioritize remediation aligned to ADA Title II requirements. Our expert-led approach supports sustainable accessibility across websites, applications, and digital content, helping agencies reduce risk while improving access for constituents and staff.
Learn how Vispero’s Digital Accessibility Services support ADA Title II readiness for public sector organizations.