Understanding ADA Title II

ADA Title II is a federal civil rights law that prohibits disability-based discrimination by state and local governments. It requires that people with disabilities have an equal opportunity to participate in and benefit from government services, programs, and activities, whether those are offered in person, by phone, online through websites, or via mobile applications. 

For digital services, ADA Title II now explicitly requires that most government web content and mobile apps meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, with only limited exceptions. This means accessibility is a core requirement, not a "nice to have," for how the State of Montana designs, builds, and maintains its digital services. 

At a high level, conformance with ADA Title II for websites and applications means:

• Equal access to programs and services
  • People with disabilities can find information, complete tasks, and use online services in ways that are as effective as for people without disabilities, in terms of independence, timeliness, and privacy.
• WCAG 2.1 Level AA as the technical standard
  • Web pages and mobile apps follow established accessibility guidelines for things like headings, color contrast, keyboard navigation, alternative text, forms, error messages, and multimedia, so they are perceivable, operable, understandable, and robust for users with disabilities.
• Coverage of content “provided by or on behalf of” government
  • Digital services managed directly by the State and those operated by vendors on the State’s behalf (such as hosted portals or applications) must meet accessibility requirements, not just content on the main state website.
• Ongoing effective communication
  • Information provided online must be communicated as effectively to people with disabilities as to others, using accessible formats, compatible technology, and reasonable modifications where needed.
• Limited exceptions and equivalent access
  • Certain legacy or specialized content may fall under narrow exceptions, but agencies still must provide equally effective alternative access (for example, assistance or alternate formats) when a person with a disability needs that information.
• Integration into the full ICT lifecycle
  • Accessibility is addressed from planning and procurement through design, development, testing, content authoring, and ongoing maintenance—not only as a one‑time project.

For staff and contractors who create or manage digital services for the State of Montana, ADA Title II conformance generally requires that you:

• Design and develop sites and applications so they meet WCAG 2.1 Level AA. 
• Ensure editors follow accessible content practices (headings, links, alt text, documents, media). 
• Test key user journeys with both automated tools and assistive technologies. 
• Work with vendors so that products delivered "for" the State meet these requirements.