Digital products must meet specific technical requirements by the deadline: Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA. The goal is to ensure governments are effectively serving all of their residents, including the more than 1 in 4 U.S. adults who have a disability.
The April 24 mandate applies to all states and to cities with populations of 50,000 or more; smaller cities have until April 2027 to comply. Readiness varies; some government officials say they are ready, while others acknowledge 100 percent compliance by the deadline is unlikely. Vendors may be in differing states of readiness, but they’re also subject to the deadline.
“The DOJ final rule, it does apply to vendors,” National Association of State Chief Information Officers Policy Analyst Kalea Young-Gibson said, noting a gap exists between how vendors are responding to the rule and how states need them to respond.
She said that states have reported quality issues with the Vendor Product Accessibility Template. The solution, Young-Gibson said, is stronger vendor accountability mechanisms, including demonstrating accessibility.
PUBLIC PROCUREMENT EVOLVES
In Pennsylvania, one of the biggest accessibility challenges, according to the state’s Chief Accessibility Officer Kris Adams, has been that legacy applications create complexity for the remediation process. To compound that, many teams were encountering accessibility for the first time.
“It’s a lot easier to rebuild from scratch that it is to bolt it on after the fact,” he said. To address these challenges, officials are working with partners in IT and at other agencies to have sometimes difficult conversations — including with vendors — to offer structured support throughout the solution process.
Vendors have to align with the state’s policy, which now requires meeting the WCAG Version 2.1 Level AA standard, Adams said.
“That requirement is for anything that we build or purchase from vendors,” he said, noting that sometimes when things fall short, a collaborative partnership with vendors can help to establish a road map toward compliance.
In Colorado, a state-level law required government entities to meet accessibility standards by July 2024, so officials have been increasing digital accessibility prior to the U.S. Department of Justice’s April 2024 ruling, which established the 2026 deadline.
One of the things Colorado officials have done is ensure contracts include accessibility language, Karen Pellegrin, senior program manager for its Technology Accessibility Program, said. Officials are also meeting regularly — monthly or oftener — with vendors to communicate about potential issues and ensure they are being resolved.
To respond to questions about the role of private-sector partners and contractors in meeting this rule, the Texas Department of Information Resources’ Statewide Digital Accessibility Officer Marie Cohan is hosting a digital accessibility trainer session for vendors April 15.
Accessibility may be dominating conversations as governments prepare for the deadline and litigation that may follow, but Cohan said it needs to remain a focus for continued improvement going forward.
“I really hope the public sector, and private sector for that matter, make this a complete cultural shift,” Cohan said. “It’s an integral part — in their business practices, in their development practices, project management, procurement life cycle.”
Right now, accessibility is “top of mind for all states” as the deadline approaches, Ohio CIO Katrina Flory said. When the rule was issued in 2024, she said, Ohio officials updated the state’s accessibility policy and ensured language in contracts and requests for proposals was there to support the work.
“I think what we’re seeing is that everybody wants to do the right thing, but the real issue is a combination of capacity and expertise,” said Chris Gianutsos, managing director for business consulting at Ernst and Young LLP, whose work is focused on digital strategy operations for government agencies. EY acts as a strategic partner to help governments understand how to embed accessibility into their workflows from the ground up.
Governments are increasingly asking vendors for a demonstration, or proof of performance, on accessibility requirements, Gianutsos said.
Accessibility is currently “a key driver” of digital modernization work, Phil Becker, CivicPlus’ product manager for web accessibility, said via email. In a deal noted for its significance to digital accessibility, CivicPlus bought Streamline in December.
“Governments are being more intentional about how they plan and invest in digital solutions, focusing on clear goals, early alignment across teams and long-term sustainability rather than quick fixes,” Becker said, underlining that this shift is resulting in a heightened emphasis on partnership between government and industry.
Another emerging trend, per Gianutsos, is states creating a list of vendors who can provide accessibility services, to have it in hand when they face a capacity issue or urgent situation.
“I think it’s unrealistic to expect that everyone will be 100 percent compliant by April,” he said, underlining the importance of having a road map in place to get there. Litigation is expected to follow the deadline as lawsuits are filed against entities regarding non-compliant digital products.
Litigation risks not only apply to government-designed services and technology, but to those from third-party vendors. When states can’t remediate such issues themselves, tensions may arise. To reduce friction, Young-Gibson advised governments to engage with vendors early and build relationships so that goals are aligned and accessibility standards are clear.
