On April 20, 2026, the Department of Justice (DOJ) published an Interim Final Rule (IFR), extending by one year the compliance dates by which public entities are required to ensure accessibility of web content and mobile apps provided or made available to the public. While the IFR does not revise any other aspect of the regulations under the Americans with Disabilities Act (ADA), the DOJ signaled that it intends to conduct additional review of the digital accessibility requirements. In the interim, covered entities and their contractors providing digital services should continue to take steps toward compliance with the digital accessibility standards set out in the regulations implementing Title II of the ADA. Entities that are covered by similar regulations promulgated by the Department of Health and Human Services (HHS) under Section 504 of the Rehabilitation Act of 1973 should note that those regulations still require compliance by May 2026 or May 2027, depending on the number of employees of the covered entity.

In 2024, the DOJ published a final rule (the Title II Rule) adopting a technical standard for digital accessibility of web content and mobile apps provided or made available by public entities, including state and local governments. Under the Title II Rule, public entities are required to adhere to the Web Content Accessibility Guidelines (WCAG), version 2.1, Level A and AA success criteria (WCAG 2.1 AA) as the technical standard for websites and mobile apps that are made available to the public, including those provided by private contractors. The Title II Rule includes narrow exceptions for archived web content; preexisting conventional electronic documents; content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a public entity; individualized documents that are password-protected; and preexisting social media posts. Reed Smith previously published a client alert discussing the Title II Rule.

Originally, the Title II Rule compliance date for state and local government entities with a total population of 50,000 or more was April 24, 2026. Smaller entities and special district governments had an additional year to comply, with a compliance date of April 26, 2027. The IFR extends both compliance dates, so that larger entities are now required to comply by April 26, 2027, while smaller entities and special district governments now have until April 26, 2028. In commentary to the IFR, the DOJ stated that it had “overestimated the capabilities (whether staffing or technology) of covered entities to comply with the [Title II Rule] in the time frames provided.”

The DOJ also stated in the commentary that it plans to engage in future rulemaking processes related to the substantive requirements of the Title II Rule and will consider issuing a notice of proposed rulemaking (NPRM), providing members of the public with an opportunity to comment on the substance of the Title II Rule and any proposed changes. The DOJ indicated that if it does not issue an NPRM or determine that the compliance deadlines should be extended again, it anticipates implementing the Title II Rule by the deadlines in the IFR. Finally, the DOJ affirmed that covered entities have an ongoing obligation to ensure that their services, programs, and activities offered using web content and mobile apps are accessible to individuals with disabilities in accordance with their existing ADA obligations.

Entities covered by Section 504 of the Rehabilitation Act of 1973 should bear in mind that the HHS has not yet extended the compliance dates for similar accessibility requirements under Section 504 regulations promulgated in 2024. While the constitutionality of these regulations has been challenged, they remain in effect for now, with compliance required by May 11, 2026 for covered entities with 15 or more employees and by May 10, 2027 for covered entities with fewer than 15 employees. Reed Smith previously published a client alert addressing these digital accessibility requirements. 

While the DOJ may propose further revisions to the Title II Rule, public entities and their contractors providing digital services should not postpone their compliance efforts. Web content and mobile apps should be audited for accessibility, and remediation of critical accessibility barriers should be prioritized. 

Newsflash 2026-091