1. Legal and Regulatory Framework - What laws apply and what they require
This section outlines the primary laws and regulations that may apply to California public entities. Applicability depends on factors such as entity type, funding sources, and whether services are provided to the public.
Applies to state and local governments and requires equal access to programs, services, and activities, including those delivered digitally.
Learn more about ADA Title II requirements
The U.S. Department of Justice adopted WCAG 2.1 Level AA as the required technical standard for web content and mobile applications.
Read the 2024 DOJ digital accessibility final rule
Read the DOJ's Small Entity Compliance Guide
Applies to entities receiving federal financial assistance and requires nondiscrimination on the basis of disability.
Applies directly to federal agencies but is widely used as a benchmark and is referenced in California law for electronic and information technology.
Learn more about Section 508 and information and communication technology accessibility standards
Prohibits discrimination, including disability discrimination, in programs or activities that are conducted, operated, funded, or receive state financial assistance.
Requires state entities to ensure that electronic and information technology is accessible and aligns with Section 508 standards. Importantly, it also requires certain contractual commitments addressing accessibility.
Taken together, § 11135 and § 7405 ensure that California public entities cannot fall back on gaps in federal coverage. Where federal funding may be limited, stated funding triggers § 11135. Where procurement and technology contracting are involved, § 7405 establishes an affirmative state-law basis for the same accessibility requirements already present under federal law.
Provides an additional layer of liability in California by prohibiting disability discrimination and allowing private lawsuits.
Key takeaway: Public entities in California operate within a layered legal framework. Even where one law may not apply directly, others may still create obligations or legal exposure.