The Basics of this New Rule
In this Section:
What is "Web Content"?
Web content is “the information and sensory experience to be communicated to the user by means of a user agent (e.g. web browser), including code or markup that defines the content's structure, presentation, and interactions.”
“Examples of web content include text, images, sounds, videos, controls, animations, and conventional electronic documents.” This includes content publicly available as well as those requiring user authentication. However, as we’ll cover, content intended for one person may be excepted.
The Technical Standard
The DOJ stated in 1996 that the ADA applies to online materials, but this is the first time it has specified a technical standard for public entities to ensure the web content and mobile apps meet their Title II obligations.
The standard is the Web Content Accessibility Guidelines (WCAG) 2.1 level AA. Unless otherwise covered by an exception, web-based content or mobile apps must meet this standard by their compliance date.
New Rule Deadlines
Compliance deadlines for the new rules depend on the library’s service area population as determined by the US Census.
If the population your library serves is 50,000 people or greater, your library has until April 24, 2026 to comply.
If your service area has less than 50,000 people, your library will have one additional year until April 26, 2027.
Q. How do you calculate your service area?
Why these changes matter
The new ADA Title II regulations represent more than just legal compliance; they embody our profession’s commitment to ensuring everyone can access and benefit from our collections, services, and spaces. While implementing these changes may require significant time, labor, and resources, the investment directly supports our core values of access, equity, and public good. Indeed, these regulations create a framework where both vendors and institutions must prioritize accessibility—something many library professionals have advocated for years.
Accessibility is not a one-time achievement, but an ongoing practice. No single approach will meet every access need, as some needs may even be contradictory. However, by embracing accessibility as an evolving commitment, we ensure that more patrons and employees alike can fully engage with our libraries. By proactively and consistently communicating how to report barriers, share access needs, and request alternative formats or accommodations, libraries not only mitigate risks but also strengthen our relationship with our community.
When we approach accessibility as a human issue rather than merely a legal one, we recognize that behind every barrier is someone eager to learn, discover, and participate in what our libraries offer. By embracing both the letter and spirit of these regulations, we fulfill our mission to serve all members of our communities with dignity and respect.
Frequently Asked Questions
- How did we get here?
- How do you calculate your library’s service area?
- What is expected from libraries by the deadlines?
- Are there any hardship clauses to help the overwhelmed or under-resourced libraries?
- Do these requirements apply to libraries at private institutions such as private universities or schools?
Q. How did we get here?
Title II of the ADA prohibits discrimination on the basis of disability in state and local government programs, services, and activities. However, when the ADA was signed into law in 1990, the rule did not address web content and mobile applications because the World Wide Web was established a year later.
In 1996, the DOJ confirmed that the ADA applies to websites and offered guidance to state and local governments in 2003 and again in 2022. But until now, DOJ regulations have not included specific guidance on how state and local governments can comply with the ADA’s nondiscrimination and effective communication requirements with respect to their web content and mobile apps. In August 2023, the DOJ issued a Notice of Proposed Rulemaking to establish technical standards for web accessibility that was finalized April 2024.
Q. How do you calculate your library’s service area and deadline?
Look at the population of the community your library serves. This can vary on whether you are a county, school district, or state-based entity. For example:
- A school library would count the population of its entire school district.
- A public library serving one or more communities (such as cities or townships) or school districts would add the cumulative population of those districts/communities.
- A county public library or county community college library would be the population of your entire county.
- A library at a state college or university would count the population of the entire state, not the number of students at the university.
- Prisons, nursing residences, and other shared living institutions where people stay for a year or longer within your community also need to be included in the count. This information is usually included in census counts. However, due to the COVID pandemic, the 2020 group housing counts are inaccurate. Thus they recounted group living as part of the 2023 American Communities Survey. Use your community’s ACS numbers where possible.
- A consortia of libraries would be the joint population of all libraries served. Thus, a joint service, such as a library catalog, may need to meet an earlier deadline than individual library services, such as an individual library website.
Double-check with your institution’s disability law experts or your state library to determine whether your library is covered by Title II, and which compliance date might apply.
Example: There are multiple libraries in the rural city of Madison, Indiana, population 12,357. However, none of the libraries in the city would use this population for calculating its deadline.
- The Jefferson County Public Library serves the whole county with a population of 33,147. It would have an April 2027 deadline for local online products and documents.
- However, this library is also part of a statewide consortium with a shared catalog. The catalog and any other online consortial services would have a deadline of April 2026.
- The local public school libraries serve the Madison Consolidated School District that includes Madison city and several townships with a total population of 23,506. MCSD has a deadline of April, 2027.
- The library at Madison’s Ivy Tech Community College branch campus is part of a statewide college system. Thus it uses Indiana’s state population of 6.78 million. Ivy Tech’s deadline is April, 2026.
Tip: Consult your institution's disability law experts or your State Library to determine whether your library is covered by Title II and which deadline it has to follow.
Q. What is expected from libraries by the deadlines?
The expectation is total compliance by the deadline. However, libraries will likely need to remediate thousands of pre-existing documents and work with hundreds of vendors; this work is likely to take several additional years.
Documentation related to accessibility roadmaps, detailed plans, workflows, and efforts to move towards compliance is essential for situations where content will not meet the deadline. Prioritize work for content that is actively in use for programs, services, and activities. Implement remediation workflows for all other content and plan to remediate requests in a timely manner.
This guidance is not legal counsel. Contact your institution’s legal representation to verify whether your plan meets their legal understanding and accepted level of risk.
Q. Are there any hardship clauses to help the overwhelmed or under-resourced libraries?
Two existing exceptions may be applied in specific circumstances: fundamental alteration or undue burden. The case for these exceptions must be thoroughly documented and approved by the head of the public entity or their designee. Specifically (per Subpart H Section 35.204):
“Where a public entity can demonstrate that compliance with the requirements… would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens, compliance… is required to the extent that it does not result in a fundamental alteration or undue financial and administrative burden.”
The public entity has the burden of proving that compliance would result in such alteration or burdens. The decision must be made by the head of a public entity after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.
The public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided to the maximum extent possible.
This exception might be invoked, for instance, in a Korean language library with pre-existing PDFs in Korean where Optical Character Recognition (OCR) does not have that language support. However, it is less likely to work in a situation where a library feels overwhelmed to update its website; this is unlikely to be considered an undue burden in a court of law.
Q. Do these requirements apply to libraries at private institutions such as private universities or schools? If not, are these requirements likely to apply to private institutions in the future and is an estimated timeline known?
While ADA Title II will not apply to a library at a private institution, they should review their responsibilities under other existing legislation such as the Rehabilitation Act of 1973 (sections 504 and 508) as well as state regulations. Private institutions should watch for any future changes to ADA Title III, which applies to private entities.
Private institutions may also have internal policies identifying accessibility standards that apply to them now, or may develop internal policies in the coming year. Check with your parent institution if you are a private college or university library to ensure that there aren't already existing standards that you need to be meeting.
Tip: Private institutions should carefully consider recent changes to Section 504 as administered by the Department of Health and Human Services. There are new, specific web and digital accessibility requirements that may apply to the institution broadly.
