States Progressing on ADA Compliance Despite Hurdles
A report from the National Association of State Chief Information Officers (NASCIO) notes that states are making progress towards digital accessibility compliance ahead of the April 2026 ADA Title II deadline. The progress comes despite persistent funding challenges. Public entities are reportedly focused on key issues such as implementing audio descriptions for video content to meet the new requirements.
- The new Department of Justice rule under ADA Title II specifically mandates that all state and local government websites and mobile apps must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. This creates a unified standard for digital accessibility. - There is a two-tiered deadline for compliance based on population size: public entities serving 50,000 or more people must comply by April 24, 2026, while those serving fewer than 50,000 have until April 26, 2027. - A significant hurdle for states is funding, with a NASCIO survey revealing that 54% of state Chief Information Officers reported having no dedicated funds for accessibility services. Another key challenge is the lack of personnel; 34% of states do not have a dedicated IT accessibility coordinator. - In response to these challenges, IT accessibility has risen to the number six spot on the 2026 State CIO Top 10 Priorities list compiled by NASCIO. - The NASCIO IT Accessibility Working Group has released guidance to help states with procurement processes, developing assessment techniques, and increasing awareness and training. This guidance also warns public entities to be cautious of vague or AI-generated accessibility claims from technology vendors. - The updated regulations cover a wide range of digital content, including websites, mobile apps, livestreams, and digital archives, requiring features like captions, transcripts, and keyboard accessibility. However, there are some exceptions for content, such as documents archived before the deadline and certain third-party content. - Non-compliance with the new rule can lead to enforcement actions from the Department of Justice, lawsuits, and potential risks to funding. This has led to a rise in digital accessibility lawsuits, with states like New York, Florida, and California seeing the highest numbers. - The push for compliance is not just about avoiding legal trouble; NASCIO has also published a report on the economic benefits of digital accessibility, arguing that it saves taxpayer money, improves service delivery, and increases citizen engagement.
