New Jersey adopts WCAG 2.1 Level AA for government digital content, set by both a state statute and statewide policy. A specific K-12 law, N.J.S.A. 18A:36-35.1, requires school district, charter, renaissance, and Katzenbach School for the Deaf websites and web services to meet WCAG 2.1 AA, enforced administratively by the Department of Education through a statement-of-assurance process (no statutory damages). The Office of Information Technology (NJOIT) Web Presence Hub applies WCAG 2.1 AA to state agency sites, and federal ADA Title II provides the underlying baseline with Apr 26 2027/2028 deadlines. There is no digital-accessibility-specific private right of action or per-violation statutory damages, but the NJ Law Against Discrimination supplies a general private right of action for disability discrimination in public accommodations with uncapped compensatory/punitive damages and DCR civil penalties of up to $10,000/$25,000/$50,000.

What the law requires

• Responsible agency New Jersey Office of Information Technology (NJOIT) for statewide web policy; NJ Department of Education (Commissioner of Education) for the K-12 statute; NJ Division on Civil Rights (DCR), Office of the Attorney General, for NJLAD enforcement (nj.gov/it/wphub/accessibility/) (opens in new tab)
• Adopted standard WCAG 2.1 Level AA. The K-12 statute (N.J.S.A. 18A:36-35.1) expressly requires WCAG 2.1 Level AA (or the most up-to-date version if approved by the Commissioner of Education). NJOIT statewide guidance and the federal ADA Title II rule also adopt WCAG 2.1 Level AA. No state-specific Section 508 mandate confirmed; Section 508 alignment is via the federal framework.
• Who it covers K-12 statute covers school districts, charter schools, renaissance schools, and the Marie H. Katzenbach School for the Deaf (their internet websites, web services, online curriculum, and third-party/open educational resources). NJOIT statewide guidance covers New Jersey state agency websites, electronic documents, and applications (internal and public-facing, new and existing). Federal ADA Title II covers all state and local government entities including public higher education. No confirmed state statute imposing WCAG specifically on general procurement vendors/contractors beyond contractual flow-down of these standards.
• Private right of action Yes, indirectly. There is no digital-accessibility-specific private right of action. However, the NJ Law Against Discrimination (NJLAD) provides a private right of action for disability discrimination in public accommodations, enforceable either in Superior Court or by filing a complaint with the Division on Civil Rights, with no requirement to exhaust administrative remedies first. The K-12 statute (N.J.S.A. 18A:36-35.1) is enforced administratively through a statement-of-assurance process overseen by the Commissioner of Education / Department of Education and contains no express private right of action or its own penalty.
• Statutory damages / penalties NJLAD allows uncapped compensatory and punitive damages plus attorney's fees in private actions, and DCR-administered civil penalties under N.J.S.A. 10:5-14.1a of up to $10,000 (first violation), up to $25,000 (one prior violation within five years), and up to $50,000 (two or more prior violations within seven years). The K-12 web-accessibility statute (N.J.S.A. 18A:36-35.1) itself specifies no statutory damages and is compliance/assurance-driven. There are no digital-accessibility-specific per-violation statutory damages.
• Exemptions Federal ADA Title II rule recognizes five exceptions (archived web content, preexisting conventional electronic documents, content posted by third parties, individualized password-protected documents, and preexisting social media posts) plus the general fundamental-alteration and undue-burden defenses. The K-12 statute allows the Commissioner of Education to designate other applicable guidelines/requirements. NJLAD permits the standard fundamental-alteration/undue-hardship type defenses for public accommodations.
• Governing authority K-12 statute: N.J.S.A. 18A:36-35.1 (school website / web service WCAG compliance and statement-of-assurance, enacted 2021). NJ Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 et seq. (disability discrimination in public accommodations; civil penalties at N.J.S.A. 10:5-14.1a). Statewide web policy: NJOIT Web Presence Hub accessibility guidance adopting WCAG 2.1 AA. Federal baseline: ADA Title II, 28 CFR Part 35 (DOJ final rule, 89 FR, Apr 24 2024).
• Compliance deadline K-12: statements of assurance for existing school websites were due July 1, 2024, with renewal every two years (N.J.S.A. 18A:36-35.1). Statewide/general government: federal ADA Title II dates apply (Apr 26 2027 for public entities with 50,000+ population; Apr 26 2028 for smaller entities and special district governments). NJOIT references the Apr 26 2027 deadline.

Official sources:
nj.gov/it/wphub/accessibility/ (opens in new tab)
law.justia.com/codes/new-jersey/title-18a/section-18a-36-35-1/ (opens in new tab)
law.justia.com/codes/new-jersey/2014/title-10/section-10-5-14.1a (opens in new tab)
njoag.gov/no-hate-nj/bias-lad/ (opens in new tab)
nj.gov/oag/dcr/downloads/NJ-Law-Against-Discrimination.pdf (opens in new tab)
federalregister.gov/documents/2024/04/24/2024-07758/nondiscrimination-on-the-basis-of-disability-accessibility-of-web-information-and-services-of-state (opens in new tab)
nj.gov/it/it/docs/NJ_Web_Presence_Guidelines.pdf (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.