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DOJ Issues Final Rule for State and Local Governments to Implement Web-Based Accessibility Standards

The U.S. Department of Justice (DOJ) recently announced a final rule aimed at enforcing Title II of the Americans with Disabilities Act (ADA) concerning web-based government services provided by state and local governments.



What Does the Final Rule Require?

The final rule outlines specific requirements and standards for web accessibility, with adherence to the Web Content Accessibility Guidelines (WCAG) 2.1 Standard, Level AA. Developed by the World Wide Web Consortium, WCAG provides guidelines for ensuring web content accessibility.


Exceptions are made for certain categories of web content, including archived web content, preexisting conventional electronic documents, and third-party web content linked from a county's website. However, if limitations apply, compliance with accessibility requirements becomes necessary.


Compliance Timeline:

Counties with a population of 50,000 or more are given two years to comply, while those with fewer than 50,000 residents have three years.


Considerations for Compliance:

The rule allows for exceptions if compliance with WCAG 2.1 Level AA results in undue financial and administrative burdens or fundamentally alters county services, programs, or activities.


Cost Implications:

While NACo supports ADA initiatives, the final rule presents significant costs to counties, estimated at up to $1 billion. This includes expenses for rule familiarization, necessary remediation, and ongoing compliance.


Informational Webinar:

To aid counties in understanding the rule and addressing questions, NACo will host an informational webinar on May 6, 2024, from 2:00-3:00 p.m. EDT.


In Conclusion:

The DOJ's final rule underscores the importance of web accessibility for individuals with disabilities and provides clear guidelines for state and local governments to follow. While compliance may present challenges, it is crucial for ensuring equal access to government services and information.


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