Who must comply with ADA Title II digital accessibility?
All state and local government entities are covered. The distinctions worth understanding are population threshold (which deadline applies), entity type (what scope looks like in practice), and third-party content responsibility.
Who is covered
ADA Title II applies to all “public entities” as defined in 28 CFR Part 35: state and local government agencies and their instrumentalities (Source: 28 CFR ยง 35.104 ) . The April 2024 DOJ rule extends Title II’s nondiscrimination obligation to web content and mobile apps that public entities provide or make available.
This includes, but is not limited to:
- State agencies, boards, and commissions
- City and county governments and their departments
- Townships and other municipal subdivisions
- Public school districts (K-12)
- Community college districts
- Public universities and colleges
- Special districts (water, fire, transit, library, irrigation, utility, sanitation, etc.)
- Public transit agencies
- Public libraries
- Public hospitals
- Court systems and clerks of court
Who is not covered by Title II
Title II covers state and local government entities. Other categories of entity are governed by different statutory frameworks:
- Private businesses are covered by Title III of the ADA, not Title II. Title III has its own enforcement regime and case law.
- Federal agencies are covered by Section 508 of the Rehabilitation Act, not the ADA. Section 508 has its own technical standard (currently harmonized with WCAG 2.0 AA via the 2017 Refresh).
- Private schools, colleges, and universities are typically covered by Title III (and by Section 504 of the Rehabilitation Act if they receive federal funding), not Title II.
- Religious organizations are generally exempt from Title III and are not Title II entities unless they operate state or local government programs.
Entity-specific guidance
Different entity types have different digital footprints, document estates, and operational realities. Entity-specific pages cover what compliance looks like in practice:
- Community colleges. California Community Colleges system specifics, CCCCO Memo ESS 26-17, Canvas LMS scope, the discontinued CCC Document Converter.
- Special districts (coming in Phase 2).
- K-12 districts (coming in Phase 2).
- City and county governments (coming in Phase 2).
- State agencies (coming in Phase 2).
Population thresholds determine deadlines
The 2024 DOJ rule sets two compliance deadlines based on population served:
| Population served | Deadline | Status |
|---|---|---|
| 50,000 or more | April 24, 2026 | Passed |
| Fewer than 50,000 | April 26, 2027 | In effect |
| Special districts (any population) | April 26, 2027 | In effect |
Population is determined by the population of the jurisdiction the entity serves, not the entity’s own employee count. See Deadlines for details and common edge cases (multi-college districts, consolidated city-county governments, special districts).
Third-party content and vendor obligations
The DOJ rule applies to web content a public entity “provides or makes available, directly or through contractual, licensing, or other arrangements.” That language means the public entity remains responsible for content provided by third parties, including:
- Content management system vendors
- Learning management systems (Canvas, Blackboard, Moodle)
- Document management and records platforms
- HR and payroll portals
- Online application and registration systems
- Social media content the entity posts or pins
- PDFs and documents produced by contractors and delivered to the entity
Vendor contracts that disclaim accessibility do not transfer Title II liability away from the public entity. Procurement language and vendor selection are part of compliance posture, not a workaround for it.