This past April, the U.S. Department of Justice (DOJ) implemented an update to Title II of the Americans with Disabilities Act (ADA), which includes new standards for digital accessibility. Title II of the ADA protects people with disabilities from discrimination by local and state governments. It applies to all local and state government programs and services, including public education, libraries, healthcare services, transportation, and more.
The new ADA Title II regulations require that all digital content, services, and mobile applications provided by public entities be accessible to people with disabilities .A Jefferson City, MO student protection lawyer may assist students and families in understanding their rights when accessibility barriers interfere with participation in educational programs, services, or digital learning environments provided by public institutions.
How Does This Affect Public Universities?
As public entities, public universities are now required to make sure that all digital content, services, and mobile applications are accessible to people with disabilities by adhering to the Web Content Accessibility Guidelines (WCAG) 2.1. This encompasses alternative text for images, compatibility with screen readers, captioning of video content, and more.
All digital services provided by public universities must comply with these regulations, such as online learning platforms, course registration services, financial aid services, university websites, and other essentials for university activity. Additionally, all third-party content must also comply. An example of third-party content could be licensed external materials like online textbook services.
What Content Must Be Accessible?
Under the new Americans with Disabilities Act (ADA) Title II rules, the following digital services must be accessible:
- Course materials (e.g., lecture slides, syllabi, PDFs, online quizzes, exams, and assignments)
- Learning management system (LMS) content (e.g., Canvas, Google Classroom, Blackboard)
- Student service documents and forms (e.g., enrollment forms, payment portals, housing forms, disability service forms, financial aid forms)
- Public-facing content (e.g., university websites, alumni newsletters, marketing materials, press releases)
- University employment resources (e.g., job listings, onboarding materials, employee handbooks, payroll documents)
How Is Content Made Accessible?
Under the new Americans with Disabilities Act (ADA) Title II digital accessibility rules, all digital content provided by public entities must comply with the Web Content Accessibility Guidelines (WCAG) 2.1. The guidelines are broken down into four principles that all digital content must be: perceivable, operable, understandable, and robust. For a more comprehensive understanding of these standards, please read the full WCAG standards.
- Perceivable
- Image-based content, such as pictures, graphics, or charts, must have alternative text (alt-text) provided that describes the image and its purpose.
- Video content must have synchronized captions, and audio content must have transcripts available.
- Visually, all foreground content (text, images, and interactive elements) must contrast sufficiently with the background content.
- Operable
- Sites and apps should be accessible using keyboard navigation alone, and not rely on a mouse or touchscreen.
- Understandable
- Language should be readable and predictable.
- Navigational links are predictable and identifiable across web pages.
- Suggestions to fix input errors detected in a form should be provided, and errors should be fixable.
- Robust
- Text-based content must be formatted for screen readers and other adaptive technology compatibility, including selectable text, tables with clear labels and headers, etc.
- Semantic HTML labeling of structural elements must be used (e.g., <header>, <main>, <footer>)
Other resources:
https://www.ada.gov/resources/2024-03-08-web-rule
As public universities and other public entities work to comply with the new ADA Title II digital accessibility requirements, it is important to understand both the legal obligations and the potential risks associated with noncompliance. Accessibility issues involving websites, mobile applications, online learning platforms, and digital services can create significant legal exposure. If you have questions about ADA compliance, digital accessibility standards, or potential litigation related to inaccessible digital content, contact TGH Litigation to discuss your situation and learn more about your legal options.