No. The ADA Title II web accessibility rule does not require you to produce a VPAT or Accessibility Conformance Report (ACR). The Title II rule requires state and local government entities to make their web content and mobile apps conform to WCAG 2.1 AA. A VPAT is a procurement document, not a compliance requirement under ADA Title II.
This is a common point of confusion because VPATs and ADA compliance both orbit digital accessibility. But they serve entirely different purposes, and confusing the two can send your team down the wrong path.
| Factor | ADA Title II Web Rule | VPAT / ACR |
|---|---|---|
| Purpose | Requires accessible web content and mobile apps for government entities | Documents a product’s conformance status for procurement buyers |
| Who It Applies To | State and local government entities | Technology vendors selling to government or enterprise buyers |
| Standard | WCAG 2.1 Level AA | Varies by edition (WCAG, Section 508, EN 301 549, INT) |
| Required Document | No specific document mandated (accessibility statement recommended) | ACR completed using the VPAT template |
| Enforcement | DOJ enforcement and private lawsuits | Procurement rejection if ACR is missing or poor |
What Does the ADA Title II Web Rule Actually Require?
The ADA Title II web accessibility rule, published by the Department of Justice, went into effect in 2024. It requires state and local governments to bring their web content and mobile applications into conformance with WCAG 2.1 Level AA.
Compliance deadlines depend on population size. Larger entities (50,000+ population) had an earlier deadline. Smaller entities received additional time.
The rule does not prescribe a specific document you need to produce. It does not mention VPATs. It does not mention ACRs. The obligation is conformance with the WCAG standard, not documentation of that conformance in a particular format.
What Is a VPAT and When Do You Need One?
A VPAT (Voluntary Product Accessibility Template) is a template created by the Information Technology Industry Council (ITI). When an auditor evaluates a digital product against WCAG criteria and fills in the VPAT template with the results, the completed document is called an Accessibility Conformance Report (ACR).
VPATs exist for procurement. When a government agency or enterprise buyer considers purchasing software, a web app, or a SaaS product, they often request an ACR to verify the product’s accessibility status. Section 508, which applies to federal agencies and their vendors, is the primary driver of VPAT demand.
If you are a state or local government entity working toward ADA Title II compliance, you are the buyer, not the vendor. You are not selling a product into a procurement process. You are making your own digital content accessible. That distinction is why a VPAT is not part of the Title II equation.
Where the Confusion Comes From
Three things tend to blur the line between ADA Title II compliance and VPATs:
Both reference WCAG. The Title II rule requires WCAG 2.1 AA conformance. The WCAG edition of the VPAT also maps to WCAG criteria. Same standard, different contexts.
Government entities buy software. If your municipality purchases a third-party platform (a CRM, an LMS, a digital forms tool), you may want to request an ACR from that vendor as part of your procurement process. But that is the vendor’s responsibility, not yours under Title II.
Accessibility audits overlap. A manual accessibility evaluation is the foundation for both ADA Title II compliance work and ACR creation. The evaluation identifies conformance issues against WCAG. What you do with the results differs: for Title II, you remediate your content; for a VPAT, you document the product’s current state.
Should Government Entities Request ACRs from Vendors?
Yes, but this is a procurement best practice, not a Title II obligation.
When your government entity purchases third-party digital products, those products become part of your web presence. If the vendor’s product has accessibility issues, those issues can put your entity out of compliance with Title II.
Requesting an ACR from vendors before purchasing is a practical way to assess accessibility risk. Accessibility companies produce ACRs for vendors who need them. The WCAG edition is the default for most SaaS companies.
But the act of requesting an ACR is your procurement due diligence. The Title II rule itself does not mandate it.
What Documentation Does ADA Title II Require?
The Title II web rule does not require a specific accessibility document. However, standard practice for government entities includes:
Accessibility statement: A public page describing your commitment to accessibility, the standard you conform to, and how users can report issues.
Accessibility policy: An internal document outlining roles, responsibilities, and processes for maintaining digital accessibility compliance.
Evaluation reports: Records from manual WCAG evaluations that document your conformance status and remediation progress.
None of these are VPATs. They serve a different function: demonstrating your entity’s compliance posture rather than documenting a product for sale.
When a Government Entity Would Need a VPAT
There is one scenario where a government entity might need an ACR of its own: if the entity develops and distributes a digital product that other organizations procure.
For example, a state agency that builds a statewide case management system used by counties could be asked for an ACR during the counties’ procurement process. In that case, the state agency is acting as a vendor, and the VPAT process applies.
This is uncommon for most local governments. If your obligation is making your own website and mobile apps accessible, you do not need a VPAT.
Can an accessibility evaluation serve both Title II and VPAT purposes?
A manual accessibility evaluation of your digital asset against WCAG 2.1 AA serves as the foundation for Title II remediation. That same data could theoretically populate an ACR if needed. But the two outputs are different. An evaluation report tells you what to fix. An ACR tells a buyer what the product’s current conformance status is.
Do I need WCAG 2.2 AA for ADA Title II compliance?
The Title II rule specifies WCAG 2.1 Level AA. Some organizations choose to evaluate against WCAG 2.2 AA proactively, since it is the current version of the standard. But the legal requirement under the rule is 2.1 AA.
What if a vendor refuses to provide an ACR?
A vendor declining to share an ACR is a red flag in procurement. It does not affect your Title II compliance obligation directly, but it means you cannot verify the product’s accessibility status before purchase. Consider whether alternative products with documented conformance are available.
The ADA Title II web rule and the VPAT process both connect to WCAG, but they operate in separate lanes. Title II is about making your government entity’s digital content accessible. VPATs are about documenting a product’s conformance for buyers. Know which lane you are in, and your path forward becomes clear.
Contact Kris Rivenburgh for guidance on ADA Title II compliance and VPAT services.