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ADA Web Accessibility Compliance

Every county, municipality, school district, and special district in New Mexico must bring its website and mobile applications into conformance with WCAG 2.1 Level A and Level AA by April 26, 2028. RLEDC provides audit, remediation planning, and implementation support for local governments across the seven-county Eastern Plains region.

The Requirement

On April 24, 2024, the U.S. Department of Justice published a final rule under Title II of the Americans with Disabilities Act establishing a specific technical standard for the websites and mobile applications of state and local governments. The rule is codified at 28 CFR Part 35, Subpart H. It was amended by AG Order No. 6742-2026, published at 91 FR 20912 on April 20, 2026. The operative section is reproduced in full below.

28 CFR § 35.200 — Requirements for web and mobile accessibility
Title 28, Chapter I, Part 35, Subpart H — Web and Mobile Accessibility. Source: AG Order No. 5919-2024, 89 FR 31337, Apr. 24, 2024. Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a. Current as of July 23, 2026.

(a) General. A public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities:

(1) Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements; and

(2) Mobile apps that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements.

(b) Requirements.

(1) Beginning April 26, 2027, a public entity, other than a special district government, with a total population of 50,000 or more shall ensure that the web content and mobile apps that the public entity provides or makes available, directly or through contractual, licensing, or other arrangements, comply with Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1, unless the public entity can demonstrate that compliance with this section would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

(2) Beginning April 26, 2028, a public entity with a total population of less than 50,000 or any public entity that is a special district government shall ensure that the web content and mobile apps that the public entity provides or makes available, directly or through contractual, licensing, or other arrangements, comply with Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1, unless the public entity can demonstrate that compliance with this section would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

(3) WCAG 2.1 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All material approved for incorporation by reference is available for inspection at the U.S. Department of Justice and at the National Archives and Records Administration ("NARA"). Contact the U.S. Department of Justice at: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 150 M St. NE, 9th Floor, Washington, DC 20002; ADA Information Line: (800) 514-0301 (voice) or 1-833-610-1264 (TTY); website: www.ada.gov. For information on the availability of this material at NARA, visit archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the World Wide Web Consortium ("W3C") Web Accessibility Initiative ("WAI"), 401 Edgewater Place, Suite 600, Wakefield, MA 01880; phone: (339) 273-2711; email: contact@w3.org; website: w3.org/TR/2018/REC-WCAG21-20180605/.

[AG Order No. 5919-2024, 89 FR 31337, Apr. 24, 2024, as amended by AG Order No. 6742-2026, 91 FR 20912, Apr. 20, 2026]

Reproduced for reference. The text above is reproduced from the electronic Code of Federal Regulations as of July 23, 2026. The eCFR notes that its content is authoritative but unofficial. Entities should confirm the current text at ecfr.gov before relying on it. This page is general information for local governments. It is not legal advice, and RLEDC is not a law firm.

What This Means in Eastern New Mexico

The rule splits public entities into two compliance dates by population. Every public entity in the seven-county Eastern Plains region falls on the later date.

Compliance deadline by entity type in the RLEDC service region
Entity Type Population Threshold Deadline Applies in the Region
County or municipal government50,000 or moreApril 26, 2027No entity in the seven counties reaches this threshold
County or municipal governmentLess than 50,000April 26, 2028All seven counties and all 22 incorporated municipalities
Special district governmentAny populationApril 26, 2028School districts, conservancy and irrigation districts, and other special districts

Curry County, the region's most populous, was estimated at 46,655 residents as of July 1, 2025 — below the 50,000 threshold. Every county, municipality, school district, and special district in the region therefore has the same compliance date: April 26, 2028.

What Counts as Covered Content

  • The entity's public website, including every page
  • Agendas, minutes, ordinances, budgets, and notices posted as documents
  • Online forms, permit applications, and payment portals
  • Mobile applications the entity offers
  • Content delivered under a contract or license — a vendor-hosted portal, a third-party agenda system, or a hosted meeting platform is the entity's responsibility, not the vendor's

The Vendor Point Matters

  • The rule reaches content provided "directly or through contractual, licensing, or other arrangements"
  • A clerk portal, utility billing system, or codification service that is not conformant leaves the entity exposed
  • Procurement language should require WCAG 2.1 AA conformance and evidence of it
  • Existing contracts should be reviewed before renewal

The Limited Exception

  • The rule allows an exception where compliance would cause a fundamental alteration or undue financial and administrative burdens
  • The burden of demonstrating this rests on the public entity
  • It is an entity-level determination, not a convenience
  • Where the exception applies, the entity must still provide the information by an alternative accessible means

Why Small Entities Are Exposed

  • Rural governments typically have no in-house web staff
  • Sites are often vendor-built templates never tested for accessibility
  • Scanned PDFs of agendas and minutes are among the most common failures
  • Remediation takes months, not weeks — starting in 2028 is starting late

How RLEDC Can Help

RLEDC provides web accessibility audit and compliance support to local governments in the Eastern Plains region as part of its government services program. The work is structured in five phases so an entity can stop at any point, take the deliverables, and complete the remaining work internally or with its own vendor.

1. Baseline Audit

Automated testing of every page against the full WCAG 2.1 Level A and AA rule set, plus manual keyboard-only navigation, screen reader review, contrast measurement, and reflow testing at mobile widths. Documents linked from the site are inventoried and sampled. Vendor-hosted and third-party content is identified and tested separately.

2. Findings Report

A written report listing every failure, the specific WCAG success criterion it violates, where it occurs, how severe it is, and what it takes to fix. Findings are ranked so the entity can address the barriers that affect the most residents first. The report is written to be usable by a council or board, not only by a developer.

3. Remediation Plan

A sequenced plan with realistic effort estimates, a schedule that lands ahead of April 26, 2028, and a clear split between what the entity's existing vendor should fix under contract and what requires new work. Includes recommended procurement language for future contracts and renewals.

4. Implementation Support

Where an entity has no web vendor or the vendor cannot perform the work, RLEDC can carry out the remediation directly — corrected markup, contrast-compliant styling, keyboard and screen reader support, accessible document templates, and an accessibility statement page.

5. Verification & Documentation

Re-testing after remediation, a conformance summary recording the standard tested against and the date, and a documented file the entity can produce if its compliance is ever questioned. Documentation is as important as the fix: an entity that cannot show its work is in a weak position.

Ongoing Review

Accessibility degrades as content is added. RLEDC offers periodic re-testing and staff training on posting accessible agendas, minutes, notices, and documents, so conformance is maintained rather than rebuilt every few years.

Demonstrated capability. RLEDC applied this same process to rledc.org. The site was audited against the WCAG 2.1 Level A and AA rule set, remediated, re-tested, and documented in a published accessibility statement. RLEDC does not ask a public entity to adopt a standard it has not met itself.

What an Entity Receives

Deliverables by phase
DeliverableContents
Audit resultsMachine-readable and written results of automated WCAG 2.1 A and AA testing across all pages, with the testing date, tool, and rule set recorded.
Manual test recordKeyboard navigation, focus order, screen reader, contrast, reflow, and target size findings that automated tools cannot detect.
Document inventoryA list of linked PDFs and office documents, flagged for tagging, reading order, and scanned-image text.
Third-party inventoryEvery vendor-hosted or embedded system serving content on behalf of the entity, with its conformance status and the contract implications.
Prioritized remediation planSequenced tasks, effort estimates, responsible party, and a schedule with margin ahead of April 26, 2028.
Procurement languageDraft contract and RFP clauses requiring WCAG 2.1 AA conformance and evidence, for use at renewal or new solicitation.
Accessibility statementA published statement page identifying the conformance standard, known limitations, alternate format procedures, and a feedback channel.
Verification summaryPost-remediation re-test results and a dated conformance summary for the entity's records.

Getting Started

Request a Preliminary Scan

RLEDC will run an initial automated scan of an entity's public website and return a short summary of what the rule requires and roughly where the site stands. This is offered to local governments in the seven-county region at no cost as a first step.

Discuss Scope

Site size, document volume, vendor arrangements, and internal capacity determine what the work involves. RLEDC will scope the engagement against the entity's actual situation and budget cycle before any commitment.

Plan Around Your Budget Year

April 26, 2028 falls late in most local fiscal years. Entities that identify the work now can place it in a budget cycle rather than treating it as an emergency. RLEDC can also assist in identifying grant funding for the work.

Contact. Local governments in Curry, De Baca, Guadalupe, Harding, Quay, Roosevelt, and Union counties may contact RLEDC at (575) 708-0083 or isabelle@rledc.org to request a preliminary scan or discuss scope.
Scope of this service. RLEDC provides technical accessibility auditing, remediation, and documentation. RLEDC does not provide legal advice and does not determine an entity's legal compliance status. Conformance testing establishes whether specific WCAG 2.1 success criteria are met on the pages tested at the time tested; it is not a legal opinion or a certification, and no such certification exists under the rule. Entities with questions about their legal obligations, the fundamental alteration or undue burden exception, or their exposure should consult their own counsel. Nothing on this page creates an attorney–client or consulting relationship.

References

  • 28 CFR Part 35, Subpart H — Web and Mobile Accessibility. ecfr.gov/current/title-28/chapter-I/part-35/subpart-H
  • U.S. Department of Justice, ADA.gov — Title II web rule. ADA Information Line: (800) 514-0301 voice, (833) 610-1264 TTY. ada.gov
  • Web Content Accessibility Guidelines (WCAG) 2.1, W3C Recommendation, 5 June 2018 — the standard incorporated by reference. w3.org/TR/2018/REC-WCAG21-20180605/
  • Final rule as published: 89 FR 31337 (April 24, 2024), as amended at 91 FR 20912 (April 20, 2026).
  • RLEDC accessibility statement — the conformance documentation RLEDC maintains for its own site. rledc.org/accessibility.html