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Section 508 · ADA Title II · Section 504

Your buyer's accessibility obligation is in your contract.

Federal agencies have to make sure the technology they develop, procure, maintain or use gives people with disabilities comparable access. State and local governments have to make the web content and apps they provide conform, including what they provide through contracts, and so do organizations whose programs get HHS money. The practice tests your product by hand, writes the conformance report your buyers ask for, and retests as you fix.

Which rule your buyer answers to

The rule follows the buyer, and the buyer's contract carries it to you.

Federal agencies: Section 508

When an agency develops, procures, maintains or uses technology, it has to make sure employees and members of the public with disabilities get comparable access. The Section 508 Standards use WCAG 2.0 Level AA for electronic content, and buyers ask for an Accessibility Conformance Report.

29 U.S.C. 794d(a)(1)(A); 36 CFR Part 1194

State and local governments: Title II

Web content and mobile apps a public entity provides directly or through contractual, licensing or other arrangements have to meet WCAG 2.1 Level AA: from April 26, 2027 for entities of 50,000 or more, and from April 26, 2028 for smaller ones and special districts.

28 CFR 35.200(a) and (b)

Buyers with HHS money: Section 504

Organizations with fifteen or more employees whose programs get HHS money, even through a city or state, owe WCAG 2.1 Level AA for the web content and apps they provide directly or through contracts from May 11, 2027, and smaller ones from May 10, 2028.

45 CFR 84.84(a) and (b)

Businesses and nonprofits: Title III

A public accommodation can't deny people the chance to take part directly or through contractual, licensing or other arrangements, so a vendor's checkout or registration platform is part of the buyer's obligation.

28 CFR 36.202(a)

Communications products: the CVAA

Messaging, VoIP and interoperable video conferencing products answer to the accessibility rules for advanced communications services under the 21st Century Communications and Video Accessibility Act.

47 CFR Part 14

The standard isn't the same everywhere

Section 508 uses WCAG 2.0 AA. Title II and the HHS rule use WCAG 2.1 AA. A report tested to 2.0 alone won't answer a state or local buyer from 2027.

36 CFR 1194 E205.4; 28 CFR 35.200(b); 45 CFR 84.84(b)

Where your product stands

When a city, a state agency or a federally funded program provides your product to the public, its obligation travels through the contract to you. Title II's web rule covers content a public entity provides directly or through contractual, licensing or other arrangements, and the HHS Section 504 rule says the same of its recipients. Federal agencies buy against Section 508, which uses WCAG 2.0 AA. State and local buyers need WCAG 2.1 AA, starting April 26, 2027 for the largest.

Find the row that describes you today. The row under it is the work.

  1. Stage 1: No evidence

    What it looks like
    No conformance report, or one filled in from a checklist without testing. Accessibility questions in a bid get a yes.
    Who does the work
    Nobody owns it, so sales answers.

    29 U.S.C. 794d(a)(1)(A)

  2. Stage 2: A report on file

    What it looks like
    An Accessibility Conformance Report exists, but it's old, it says Supports where testing would say Partially Supports, and nobody can show the test behind it.
    Who does the work
    A product manager, on top of the roadmap.

    36 CFR Part 1194, Appendix A, E205.4

  3. Stage 3: Tested and reported

    What it looks like
    The product is tested by hand against WCAG 2.1 AA, the level state and local buyers need under Title II, and the report says what was found, criterion by criterion, with the date of the test.
    Who does the work
    The practice performs the test and writes the report remotely. Your team fixes.

    28 CFR 35.200(b)

  4. Stage 4: Fixed on a schedule

    What it looks like
    Failures go on the roadmap with dates, each release is retested, and the report is reissued when the product changes. Contracts say what conforms, what doesn't yet and when it will.
    Who does the work
    Product and engineering own the fixes. The practice retests and reissues the report.

    28 CFR 35.200(a); 45 CFR 84.84(a)

  5. Stage 5: Built in

    What it looks like
    Accessibility is a release criterion, designers and developers work from a short checklist, and every version a buyer runs has a current report.
    Who does the work
    Product, design and engineering share it. The practice tests each major release.

    W3C Accessibility Maturity Model, as the benchmark

A row describes how the work runs. It isn't a finding that a product conforms.

What stays with your company, and what the practice performs

The practice tests, reports and retests. Your team owns the product and every fix.

Stays with your company

  • The product, the roadmap and every fix
  • The conformance report you issue to buyers
  • What your contracts promise, and when

Performed by the practice

  • Testing by hand against WCAG 2.1 AA, using the Department of Homeland Security Trusted Tester process with assistive technology
  • The Accessibility Conformance Report, written criterion by criterion on ITI's VPAT template, in the 508, WCAG or INT edition
  • A retest of each release, and a reissued report when the product changes
  • Answers to accessibility questions in bids and contracts, drawn from the test record
  • A dated record of every test, finding and retest

Short answers

Is a VPAT the same as conformance?

No. The VPAT is ITI's template. Once it's completed for a product, it becomes an Accessibility Conformance Report. The report states what the product does. Testing is what makes the statement true.

ITI VPAT 2.5Rev

Which WCAG version should we test to?

WCAG 2.1 Level AA covers Title II and the HHS rule and includes every WCAG 2.0 criterion, so the same test feeds the WCAG part of a Section 508 report. A 508 report also covers functional performance, software and support documentation.

WCAG 2.1; 36 CFR Part 1194

Do you fix the product?

No. Your developers fix. The practice specifies each fix, retests it by hand and keeps the record. It doesn't sell an overlay or an automated fix.

ADA Access for All is not a law firm. The work is built to be usable by your counsel and your buyer's.

Start with one product

A 30-minute call covers which buyers you sell to, which rule reaches them, and what your current report would show if someone tested it.

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