The DOJ's 2024 Final Rule: What Changed and Who Has to Act

The headline

The Final Rule, issued under Title II of the ADA, requires that web content and mobile apps provided by state and local governments — and by entities operating on behalf of state and local governments — conform to WCAG 2.1 Level AA. It's the first time the federal government has codified a specific technical accessibility standard into binding regulation for digital content.

The compliance deadlines

• April 24, 2026 — public entities with a population of 50,000 or more must comply.
• April 24, 2027 — public entities with a population under 50,000, and special district governments, must comply.

Who is directly covered

State and local governments — cities, counties, public school districts, public universities, public libraries, transit agencies, public hospitals, courts, and any contractor or vendor providing services on their behalf. If you're a private company that builds or operates a website, app, or portal for a public entity, the rule reaches you through your contract.

What it covers

• Public-facing websites
• Mobile apps
• Third-party content posted by the public entity (e.g., embedded social media, hosted documents)
• PDF documents and other downloads
• Password-protected portals (employee, citizen, student)
• Content provided by contractors operating on behalf of the entity

The narrow exceptions

The rule has limited carve-outs for: archived content not currently used; pre-existing conventional electronic documents not currently used to apply for or receive a service; pre-existing social media posts; and individualized password-protected documents (like a single tax bill). These are narrow — they do not exempt entire websites or apps.

Why this matters even if you're a private business

The Final Rule applies directly only to Title II entities, but its impact on Title III (private businesses) is enormous:

• It cements WCAG 2.1 Level AA as the federal accessibility standard. Plaintiffs' attorneys, courts, and the DOJ already used it as the de facto target — now it's federal law for at least one category of entity. Title III rulings will follow.
• It signals the DOJ's enforcement priorities. The DOJ has explicitly said it expects private businesses to use WCAG 2.1 Level AA, and the Final Rule is its clearest statement yet on what "accessible" means.
• It creates a public-records trail of compliant peers. Once your competitors and vendors are conforming to WCAG 2.1 AA, the "industry standard" defense disappears.
• It invites regulation of Title III. The DOJ has stated repeatedly that a Title III rule is on its agenda. Most observers expect WCAG 2.1 (or 2.2) Level AA to be the standard when it lands.

What to do now

Public entities should be in active remediation today — the 2026 deadline arrives faster than a typical procurement cycle. Private businesses should treat WCAG 2.1 Level AA as the binding standard now and not wait for a Title III rule to drop. The cheapest moment to fix accessibility is before a demand letter arrives.