The following information is not a substitute for legal advice. We are providing this analysis for publishing professionals about what has been shared in the public sphere. You should consult with your own legal counsel to make decisions appropriate for your situation.
In April, 2024, the U.S. Department of Justice issued a new rule titled “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” This rule clarifies and strengthens the requirements for accessibility of digital content under ADA Title II, specifically targeting state and local government websites, mobile applications, and conventional electronic documents. It becomes effective April 24, 2026, with agencies serving less than 50,000 people receiving an additional year to comply.
What does this mean for you, as a publisher? If you serve library markets, or other markets that comply with ADA guidelines, you should ensure that your content (specifically digital files for your publications – but also other media like parental support materials and HTML files used directly in those channels) comply with these guidelines.
Key Requirements
Similar to the requirements for the EU’s European Accessibility Act (EAA), the rule mandates compliance with the Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA as the technical standard for all covered digital content, including:
– Websites
– Mobile apps
– Conventional electronic documents such as PDFs, word processor files, presentations, and spreadsheets.
Certain content is exempt from these requirements, including:
– Archived documents
– Preexisting conventional electronic documents, including common file formats like PDFs, Word documents, presentations, and spreadsheets.
– Content posted by third parties not acting on behalf of the government
While EPUB files are not explicitly mentioned in the list of covered formats, the Department of Justice notes that files in formats not listed may qualify for exceptions such as archiving or preexisting files. However, this implies that EPUB files should ideally meet ADA accessibility standards if actively provided.
Challenges in Compliance
Common obstacles to achieving full compliance include:
– Resistance to moving away from traditional formats like PDFs in particular platforms
– Limited financial resources to remediate existing documents
– Lack of empowerment or authority among web staff to enforce accessibility standards
– Difficulty securing senior management buy-in
How can you be prepared?
The new ADA Title II rule underscores the importance of digital accessibility and aims to hold state and local governments accountable for compliance. To meet these requirements by the enforcement deadline, publishers and content providers – again with input from their legal counsel – should:
– Conduct thorough audits of websites, mobile apps, and electronic documents
– Develop remediation plans aligned with WCAG 2.1 Level AA standards
– Engage leadership to secure necessary resources and support
– Empower web and content teams with training and authority to implement changes
For additional guidance and best practices, the U.S. Access Board’s 508 Best Practices Webinar (September 16, 2025) offers valuable insights into effective compliance strategies. This recent webinar hosted by Ingram Content Group, and featuring speakers from Benetech, VitalSource, consultant Laura Brady, and Westchester Publishing Services provides practical guidance for publishers and is worth viewing.
Let Westchester know what we can do to help. Contact Us to discuss your publications program, with options for accessible-first content on new titles from editorial through to production, to standalone digital conversion and remediation services. We are here to help!
