28 CFR Part 35 · Subpart H — Web and Mobile Accessibility
§ 35.202 Conforming alternate versions
Last updated June 11, 2026
What 28 CFR §35.202 requires of state and local governments.
In Plain Language
When direct accessibility of web content is not technically possible due to legal or technical limitations, a public entity may provide an accessible alternate version of the content. The alternate version must provide equivalent information and functionality. However, the alternate version cannot require more steps or be less convenient than the primary content. An entity cannot satisfy the web accessibility requirement simply by adding a phone number as the alternative.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.202
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) A public entity may use conforming alternate versions of web content, as defined by WCAG 2.1, to comply with § 35.200 only where it is not possible to make web content directly accessible due to technical or legal limitations.
(b) WCAG 2.1 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All material approved for incorporation by reference is available for inspection at the U.S. Department of Justice and at NARA. Contact the U.S. Department of Justice at: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 150 M St. NE, 9th Floor, Washington, DC 20002; ADA Information Line: (800) 514-0301 (voice) or 1-833-610-1264 (TTY); website: www.ada.gov [https://perma.cc/U2V5-78KW]. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html [https://perma.cc/9SJ7-D7XZ] or email [email protected]. The material may be obtained from W3C WAI, 401 Edgewater Place, Suite 600, Wakefield, MA 01880; phone: (339) 273-2711; email: [email protected]; website: https://www.w3.org/TR/2018/REC-WCAG21-20180605/ and https://perma.cc/UB8A-GG2F.
What § 35.202 Means in Practice
- Conforming alternate versions, separate accessible versions of a page, are allowed only when technical or legal limitations prevent making the main content accessible
- A separate 'accessible version' as a convenience or shortcut does not comply
- The alternate version must be up to date, contain the same information, and be reachable through a conforming path
- This codifies a long-standing accessibility best practice: fix the real page
Common Questions
Can we offer a phone hotline as our accessibility alternative?
Only in limited circumstances where the phone provides truly equivalent access. For complex transactions like permit applications, a phone call is unlikely to be equivalent.
What counts as a legal limitation preventing direct accessibility?
Third-party content restrictions, copyright limitations on format, or contractual constraints may qualify. The limitation must be genuine and documented.
Does § 35.202 apply to your entity?
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