Your Roadmap to an Accessible Government Website: A Small Entity Guide

The dawn of a new era in digital accessibility is upon us. With the rapid advancement of digital technology, how people interact with government services has undergone a remarkable transformation. This article is going to be your roadmap to an Accessible Government Website.

Yet, despite these advancements, many Americans with disabilities continue to face significant challenges when trying to access essential government information and services online.

To address this pressing issue, the Department of Justice has introduced new regulations under Title II of the Americans with Disabilities Act (ADA), mandating that state and local government websites and mobile applications be accessible to all.

This guide is designed to help small state and local government entities understand and comply with these new requirements. We aim to equip you with the knowledge and tools to create inclusive digital experiences for all community members through clear explanations and actionable advice.

Navigating the complexities of web accessibility can seem daunting, but you don’t have to do it alone.

ADA Site Compliance has the expertise and support you need to achieve and maintain compliance. Our team of experts is dedicated to ensuring that your digital platforms are accessible to everyone.

The Significance of Accessibility: The Necessity for Inclusive Government Services

State and municipal governments play a pivotal role in shaping the daily lives of their residents by providing essential services, programs, and information. Ensuring these services are accessible to everyone, including individuals with disabilities, is fundamental to fostering inclusive civic participation.

Even before these new regulations, the Americans with Disabilities Act (ADA) required government entities to provide accessible services, including digital services available via the Internet and mobile devices.

The new rules offer clearer guidelines and specific technical standards for compliance efforts. By making government services accessible, all citizens can fully engage in community activities, access vital information, and benefit from various governmental programs.

Understanding the Digital Divide

The term “Digital Divide” highlights the disparity between those who can and cannot access digital technologies. This gap underscores differences in digital literacy, access to information, and the use of technology.

As governments increasingly rely on digital platforms to deliver services, the challenges faced by individuals with disabilities are exacerbated. Inaccessible websites and mobile applications create significant barriers, preventing these individuals from obtaining crucial information, participating in community activities, and engaging in democratic processes.

For example, a person with a visual impairment who uses a screen reader may struggle to navigate a website lacking appropriate alternative text. Accessing essential government services such as applying for benefits or retrieving public records is a hindrance.

Equalizing Opportunities

The Department of Justice aims to level the digital playing field by enforcing accessibility standards for web content and mobile applications. These regulations are designed to empower people with disabilities and enhance the overall user experience. Accessible government website and applications are more user-friendly, efficient, and inclusive, benefiting everyone.

Who is Affected by These Regulations?

The scope of these accessibility standards is broad, encompassing various state and local government entities:

• Core Government Agencies: Departments responsible for providing critical services such as health, education, welfare, and public safety.
• Educational Institutions: Publicly funded schools and universities offering education at all levels.
• Public Safety Agencies: Organizations like police departments, and emergency management agencies.
• Judicial and Court Systems: State and local courts ensure justice and legal processes.
• Election Offices: Entities overseeing elections and managing voter registration.
• Transportation Authorities: Public transit agencies and departments of transportation ensure mobility.
• Libraries, Parks, and Recreation: Public cultural and recreational facilities.

These regulations extend beyond core government functions, impacting various everyday services.

Contractor and Vendor Obligations

State and local governments often rely on private contractors and vendors to deliver public services, including developing and maintaining websites and mobile applications. These contractors must comply with accessibility standards under the Americans with Disabilities Act (ADA).

Engaging in Accessibility Agreements

When working with contractors or vendors, government entities must integrate accessibility requirements into the procurement process. This includes:

• Clearly defining explicit accessibility criteria and obligations in contracts
• Prioritizing providers with a proven track record of meeting accessibility compliance
• Ensuring accessibility is a fundamental part of contractual terms
• Monitoring contractor performance to ensure adherence to accessibility standards.

Example: Website Development project

When a government body hires a web developer to create a new website, the contract should explicitly outline adherence to the Web Content Accessibility Guidelines (WCAG). The developer must ensure an accessible website necessary documentation and training for government staff.

By actively managing contractors and vendors, government institutions can enhance the accessibility of their digital services and information to everyone.

Compliance Deadlines: When Will the New Rules Become Effective?

The Department of Justice (DOJ) has implemented a phased approach for state and local governments to meet accessibility requirements for websites and mobile applications. These deadlines are designed to give entities of various sizes ample time to prepare for compliance.

Timeline for Compliance

• Small Entities: State and municipal governments with populations under 50,000 must comply by April 26, 2027.
• Larger Governments: Entities with populations of 50,000 or more have a deadline of April 24, 2026.
• Special District Governments: Typically, these entities providing water or utility services, will follow the compliance schedule of the overarching government they belong to.

Establishing Your Compliance Date

Each government body must accurately determine its compliance date. Most governments use population data from the 2020 U.S. Census Bureau. Subordinate divisions, like city police departments or libraries, should base their compliance date on the population of their overarching government.

Comprehending Technical Standards

To meet the new accessibility requirements, state and local governments must adhere to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. The Web Content Accessibility Guidelines (WCAG), established by the World Wide Web Consortium (W3C), are a comprehensive set of standards that ensure web content is accessible to people with various disabilities.

The guidelines cover a broad range of accessibility features, including:

• Perceivable Information: Providing alternatives for visual content for all users to perceive.
• Operable Interface Elements: Ensuring individuals with motor impairments can easily use interface components.
• Understandable Content: Presenting information clearly and simply that is easy to comprehend.
• Robust Content: Ensuring that content can be reliably interpreted through user agents like assistive technologies.

By adhering to the WCAG 2.1, Level AA guidelines, government entities fulfill legal and ethical obligations as their websites and mobile applications are accessible and usable for people with disabilities.

Comprehending WCAG 2.1 Level AA Standards

State and municipal governments must comply with the WCAG 2.1, Level AA, for digital accessibility for individuals with disabilities. These standards outline the technical requirements for creating accessible online content and mobile applications, eliminating barriers, and ensuring inclusivity for all users.

Extent of Application

The WCAG 2.1, Level AA requirements apply to all digital content and mobile applications provided or made accessible by state and local government entities. This includes content created in-house and managed by external contractors or vendors, like city websites developed by external contractors.

Web content encompasses website information and multimedia, including text, images, videos, audio, and interactive components. Mobile apps are software applications designed for mobile devices like smartphones and tablets.

Flexibility and Equivalent Facilitation

WCAG 2.1, Level AA sets the baseline for accessibility, but the standards also provide flexibility through the principle of “equivalent facilitation.” This principle allows government entities to explore alternative design technologies delivering equal or superior accessibility compared to the WCAG requirements.

For instance, a state government may adopt emerging accessibility standards that enhance user experiences for individuals with disabilities beyond the baseline WCAG guidelines.

Restricted Exclusions

The WCAG has specific exclusions to accommodate the challenges of certain types of content. However, these exclusions do not absolve government entities from their core responsibility to provide accessible services.

Even if certain content does not comply with WCAG standards, governments must offer alternative formats or accommodations upon request to ensure equitable access for individuals with disabilities.

Understanding Exemptions: What Content Need Not Be Accessible

1. Archived Web Content

State and local government websites often accumulate historical data which may no longer be actively used. Archived content meeting specific criteria may be exempt from the WCAG 2.1 Level AA accessibility standards.

To qualify for this exception, the content must have been created before the government’s compliance deadline and exclusively stored for reference, research, or record-keeping purposes.

The content must be segregated in a designated archive section of the website and remain unchanged since its initial archiving. Examples are historical documents or reports, outdated data sets or statistics, or scanned images of physical records.

The content is not exempt and must comply with accessibility standards for not meeting one of the four criteria. Regularly review archived content to determine if it continues to meet the exception criteria. It loses its exemption status if the content is updated or repurposed.

2. Pre-existing Conventional Electronic Documents

Many government websites host a collection of older electronic documents, such as PDFs, Word documents, or spreadsheets that may be exempt from the WCAG 2.1 Level AA requirements.

The pre-existing document exception applies if the document is inactive, in a standard file format (e.g., Word, PDF, Excel, PowerPoint), and was publicly available on the government website before the compliance deadline.

Examples are old press releases, outdated forms, and archived policy documents.

Pre-existing documents updated or repurposed after the compliance deadline lose their exemption status and must meet accessibility standards. While these documents may be exempt, it’s essential to consider user experience and provide accessible alternatives upon request.

3. Third-party content on Government Websites

State and local government websites often feature content provided by external parties, such as public comments or social media feeds. This information is dynamic and continuously changing, and government entities have limited control over its creation.

As a result, third-party content is generally exempt from accessibility requirements. Government entities are not obligated to ensure the content is accessible. However, though such content may be excluded, government organizations must provide accessible alternatives or adjustments when requested by individuals with disabilities.

So while they may not need to modify the third-party content, they should offer equivalent access through other means, such as transcripts or accessible formats.

4. Customized and Secure Documents

State and local governments sometimes distribute sensitive information to individuals through password-protected documents, such as tax bills or water usage reports. These personalized documents could pose security risks if publicly accessible and are typically exempt from accessibility regulations.

It’s important to understand that this exception applies only to the documents. Websites or applications hosting these documents must still adhere to accessibility standards so that users with disabilities can navigate and securely retrieve their onsite documents.

5. Preexisting Social Media Content

At the speed and number of social media posts generated, it is not possible to make all preexisting social media content accessible. Therefore, social media posts created before the compliance deadline are often exempt from accessibility guidelines.

However, this exception only applies to preexisting posts while new social media content must comply with accessibility standards.

Exceptions to the General Rule

The above exemptions provide some flexibility, with limited scope. Generally, state and local government websites and mobile applications must comply with the WCAG 2.1 Level AA standards.

Achieving full compliance may be technically impossible or excessively burdensome at times. Exploring alternative methods to ensure individuals with disabilities receive equivalent access and functionality like providing alternative formats, assistive technologies, or personalized support ensures equal access to all users.

By recognizing and addressing these nuances, government entities ensure digital content and services are accessible to everyone, including those with disabilities.

Complying with Alternative Versions and Exceptions

In certain circumstances, state and local government entities can provide an accessible alternative version of web content or a mobile app with an inaccessible version. This is known as a “conforming alternate version.”

However, such alternatives are generally discouraged.

The principle of equitable access mandates that individuals with disabilities have the same experience as others, without being relegated to a different version.

Conforming alternate versions is permissible when insurmountable technical or legal challenges prevent the inaccessible content from being made accessible. Even in these rare cases, the alternate version must provide information, functionality, and user experience as the original content to maintain parity and inclusivity for all users.

Personalized Requirements and Fair Adjustments

While the WCAG 2.1 Level AA standards offer a robust framework for ensuring accessibility, individual needs may vary. Despite meeting these standards, some individuals with disabilities may encounter difficulties accessing web content or mobile apps.

In such instances, state and local governments must go beyond compliance and provide reasonable customized adjustments. This could involve offering alternative formats, providing assistive technology, or modifying procedures to ensure equitable participation. So the election office may offer in-person or telephone registration for users with visual impairments who cannot use an online voter registration system,

Minor Discrepancies and Significant Similarity

Occasionally, minor deviations from WCAG 2.1 Level AA standards may occur, with a minimal impact on content accessibility and usability for individuals with disabilities. In such cases, the government entity may not violate the regulation.

However, it is crucial to demonstrate that the minor discrepancy does not hinder the user experience or prevent individuals with disabilities from achieving the same outcomes as their non-disabled counterparts.

A minor discrepancy is not permissible if it:

• This prevents individuals with disabilities from accessing the same information or performing the same tasks as others
• Increases their frustration or difficulties.
• Compromises the privacy or independence of users with disabilities

Striving for full compliance ensures all users can access and use web content and mobile apps effectively. By addressing these considerations, state and local government entities can better serve their communities and uphold the principles of inclusivity and accessibility.

Establishing the Foundation for Achieving Accessibility Success: A Strategic Plan for State and Local Governments

Developing inclusive digital experiences for all individuals necessitates a deliberate and forward-thinking methodology. State and municipal governments can implement the following eleven crucial measures to guarantee a seamless and prosperous road toward compliance before the deadline.

• Assign specific roles and responsibilities to staff members who develop and maintain accessible content. Appoint an Accessibility Coordinator to supervise compliance initiatives, resolve accessibility issues, and refer other staff members.
• Implement consistent accessibility testing processes, integrating both automated and manual testing methods. User testing by individuals with disabilities provides real-world insights.
• Establish protocols for handling accessibility requests for content that falls within exceptions, such as archival online content. One approach could be providing alternative formats upon request.
• Set clear deadlines for resolving accessibility concerns, especially urgent inquiries. This ensures timely responses and demonstrates a commitment to accessibility.
• Fostering a culture of accessibility in your organization by developing and executing comprehensive training programs for different job roles:
• Offer training focused on programming websites that conform to WCAG 2.1 Level AA accessibility standards like understanding semantic HTML, ARIA roles, and other best practices.
• Train content creators on developing accessible materials, by providing alt text for images, using proper headers and semantic markup, and ensuring keyboard navigability.
• Provide training to procurement teams on acquiring web content and mobile apps that comply with WCAG 2.1 Level AA accessibility criteria. This ensures new digital assets meet accessibility standards from the outset.
• Ensure that individuals can easily report accessibility issues and request accommodations through accessible communication channels.
• Ensure your website and apps prominently display contact information to enable users to report any accessibility obstacles.

Accessibility is an ongoing process. Regularly assess the compliance of your digital platforms using automated tools and user testing. Use these insights to prioritize and implement improvements.

You can alternatively hire accessibility experts like ADA Site Compliance to ensure compliance. We offer accessibility audits, remediation strategies, training and assistance, and WCAG Compliance to help state and local governments achieve and maintain accessible web content and mobile apps.

Reach out today to learn how we can help your government agency achieve its accessibility goals and create a more inclusive digital experience for everyone.

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