Digital Forms and ADA Compliance: Moving the Needle

Digital Forms and ADA Compliance: Moving the Needle

State and local governments are required to make their digital services accessible under Title II of the Americans with Disabilities Act (ADA), and forms are where most residents first interact with an agency. The Department of Justice’s rule sets WCAG 2.1 Level AA as the standard, with compliance due April 26, 2027 for governments serving 50,000 or more people and April 26, 2028 for smaller governments and special districts. This guide covers what that standard means for the forms themselves. For the deadline and what the extension changes, see our post on the 2027 ADA web accessibility deadline.

The ADA prohibits discrimination based on disability. For state and local governments, that obligation covers digital services, including websites, mobile apps, and online forms. Digital accessibility is a compliance requirement, not an optional upgrade. Agencies that fail to provide appropriate services to people with disabilities risk formal complaints and civil lawsuits.

Technical Standards for ADA Compliance

The Web Content Accessibility Guidelines, or WCAG, are technical standards that help improve the accessibility of web content, websites, and web applications for people with disabilities (auditory, cognitive, physical, speech, visual, and others). These global standards are maintained by the Web Accessibility Initiative of the World Wide Web Consortium (W3C), with the objective of making the internet as inclusive as possible. WCAG guidelines are continually reviewed and updated to leverage new technology.

In short, digital services need to work for people with disabilities.

The POUR Principle of Web Accessibility

WCAG organizes web accessibility into four categories or principles (also referred to as POUR):

• Perceivable: Information and UI components must be presented to users in ways they can perceive.
• Operable: UI components and navigation must be operable.
• Understandable: Information on the page and the operation of the user interface must be understandable.
• Robust: Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.

Levels of WCAG Conformance

The WC3 lays out three (3) levels of WCAG conformance, with each level building on the previous level.

• Level A = Base level of conformance. Level A criteria affect the broadest group of users with the most benefits and are essential. Some barriers will still exist for certain groups of users.
• Level AA = The most common target conformance level, often adopted in regulations or negotiated in legal settlements. The criteria at this level establish a level of accessibility that works for most users, including those using assistive technology.
• Level AAA = This is the highest conformance level achievable. However, Level AAA is not applicable or realistic in all situations.

Section 508 Compliance for Digital Forms

Section 508 of the Rehabilitation Act of 1973 requires federal agencies to make their information and communication technology (ICT) accessible, and many state and local governments adopt its standards as well. Agencies that receive federal funding also have accessibility obligations under Section 504 of the same Act.

Examples of ICT include web forms, websites, PDF documents, online training, and user guides, among many others.

Elements of ADA Compliant Forms

Forms are very often the first point of contact for public users with disabilities, so they need to meet accessibility guidelines from the start.

Online forms must offer all users the same access, or as close to it as available technology allows. WCAG helps teams determine what functionality to add. The list can look daunting, but the right digital forms platform makes the form building process fast, repeatable, and easy to change when regulations, standards, and technology change.

Examples of compliant form design include:

• Strong color contrast for users with visual disabilities
• Forms that are logical, navigable, and intuitive for all users
• Key elements highlighted so they are easier to perceive
• Alternate text for all images and diagrams that works with screen readers
• Text labels for form controls (checkboxes, menus, radio buttons)
• Descriptive text for instructions and error messages
• Proper HTML semantics for screen readers
• Keyboard navigation for every field and control
• ADA compliant electronic signatures

Legal Implications of Non-Conformance

Under the ADA, any person with a disability has the right to file a lawsuit in federal court and obtain a court order to stop violations. The Department of Justice may also launch investigations and file lawsuits in federal court under certain circumstances. Failure to meet ADA requirements puts an agency at risk of legal action, which costs time and money and erodes public trust.

Many states are implementing or more actively enforcing legislation on accessibility. California’s Unruh Civil Rights Act, for example, allows plaintiffs to sue for $4,000 for each instance of non-accessibility. A website with 10 inaccessible forms can be liable for 10 violations per person who files.

New York updated its Accessibility of Information Communication Technology policy, NYS-P08-005, in May 2023. The policy requires all 96 state agencies and their contractors to follow WCAG guidelines, and the state has declared its web properties to be public spaces.

Moving Toward Automated Form Accessibility

The public interacts with state, county, and local government forms millions of times a day. Regardless of disability, all users are entitled to the same access and ease of use. The time to act on ADA compliant form automation is now.

HTML5 forms are more accessible to people with disabilities and easier to use. Because of their rich features, they also bring uniformity to how input is accepted and data is collected across applications. Agencies can convert non-compliant PDF forms into accessible digital forms rather than rebuilding their processes from scratch. When evaluating automation vendors, consider their expertise in the government space, how quickly you can launch, and how well the solution will adapt over time. Our guide to features to look for in a digital forms platform for government covers the full checklist.

Capturing data from forms also gives agencies insight into the needs of the people they serve. HTML5 makes it easy to capture data at the form level and use it for continuous improvement. Agencies can learn about:

• Key demographics of users
• Time to form completion, for KPI measurement
• Most requested services and the data behind them

Form data can also be integrated to and from multiple sources for greater data integrity across the organization, and connected to an automated workflow so submissions move forward without manual handoffs.

Compliant Forms Serve the Greater Good

The benefits of accessible forms go beyond avoiding lawsuits. When forms work for everyone, more residents can apply for benefits, request services, and submit information without needing help, which is the point of moving services online.

The needle won’t move on its own.

See how SimpliGov helps agencies convert non-compliant forms into WCAG 2.1 compliant digital workflows ahead of the 2027 and 2028 deadlines. Request a demo.