28 CFR Part 35 · Subpart H — Web and Mobile Accessibility
§ 35.203 Equivalent facilitation
Last updated June 11, 2026
What 28 CFR §35.203 requires of state and local governments.
In Plain Language
Public entities may use alternative designs or technologies to meet the web accessibility requirements if the alternative provides substantially equivalent or greater accessibility than the specific WCAG 2.1 AA technical requirement. This is not a blanket escape from compliance — it allows for technological innovation. The alternative must be documented, objectively equivalent, and available to users who need it.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.203
Verbatim from 28 CFR Part 35, current through June 9, 2026.
Nothing in this subpart prevents the use of designs, methods, or techniques as alternatives to those prescribed, provided that the alternative designs, methods, or techniques result in substantially equivalent or greater accessibility and usability of the web content or mobile app.
What § 35.203 Means in Practice
- Entities may use designs, methods, or techniques other than WCAG 2.1 AA if they provide substantially equivalent or greater accessibility and usability
- Equivalent facilitation is an alternative path to compliance, not a loophole: the burden is on the entity to show equivalence
- Newer standards like WCAG 2.2 or future versions can qualify
- Document your equivalence reasoning before relying on it
Common Questions
Can we use a newer accessibility standard instead of WCAG 2.1?
If the alternative provides substantially equivalent or greater accessibility, it may qualify as equivalent facilitation. Document your analysis carefully.
Does equivalent facilitation apply to the whole website or specific elements?
It applies to specific technical requirements where an alternative approach provides equivalent access — not as a wholesale substitute for WCAG 2.1 compliance.
Does § 35.203 apply to your entity?
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