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The Americans with Disabilities Act (ADA) states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. 12132. However, many public entities' (i.e., State and local governments') websites and mobile apps fail to incorporate or activate features that enable users with disabilities to access the public entity’s services, programs, and activities.  Accordingly, on April 24, 2024, the Department published a final rule revising its regulations implementing title II of the (ADA) to provide technical standards to assist public entities in complying with their existing obligations to make their websites and mobile apps accessible to individuals with disabilities. (89 FR 31320)

The Department now plans to publish a Notice of Proposed Rulemaking (NPRM) to reconsider whether some of the regulatory provisions imposed by the April 24, 2024 rule could be made less costly.