The digital age has brought about unprecedented opportunities for people to access information and services online. However, this increased accessibility also raises concerns about ensuring that individuals with disabilities can fully participate in these digital experiences. To address this issue, the Department of Justice (DOJ) has introduced a new rule requiring public schools, community colleges, and public universities to ensure their web content and mobile apps are accessible to people with disabilities.

Regulation Applicability and Timeline

The new rule, Accessibility of Web Information and Services of State and Local Government Entities, primarily applies to public institutions that fall under Title II of the Americans with Disabilities Act (ADA). While this regulation is currently limited in scope, it's likely that similar requirements will be implemented for all K-12 schools, colleges, and universities if Section 504 of the Rehabilitation Act is modified later.

Enforcement begins on different dates depending on the population size of the public entity:

  • April 24, 2026, for public entities with a state or local government population of 50,000 or more
  • April 26, 2027, for public entities with a population of fewer than 50,000

For K-12 schools, the district determines the population size based on the city's population (city school districts) or county's population (county school districts). Independent school districts use the population estimate from the most recent Small Area Income and Poverty Estimates. Community colleges and universities should determine their population sizes based on the locality's population.

What Are the Regulations' Requirements?

To ensure compliance, institutions must ensure that their web content and mobile apps conform with WCAG 2.1 Level A and AA guidelines. Even if your institution is WCAG 2.0 Level AA-compliant, it must meet additional requirements to become WCAG 2.1 Level AA-compliant.

WCAG (Web Content Accessibility Guidelines) provides technical standards for web content developers to update technology tools. The regulations require public schools, community colleges, and public universities to meet Level A and AA guidelines, but not AAA. Conformance with WCAG guidelines is split into three levels: Level A (lowest), AA, and AAA (highest).

Remedies for violations may include compensatory damages.

What if Our Institution Buys Web Content From a Vendor?

Vendor content must comply with WCAG 2.1 Level AA. The regulation specifies that it applies whether web content and mobile apps are provided directly or through a contractual, licensing, or other arrangement.

Are There Exceptions?

There are limited exceptions for certain types of web and mobile content:

  • Archived content: If the archived content meets specific criteria (created before the compliance date, retained exclusively for reference, not altered or updated after archiving, and organized in a dedicated area clearly identified as being archived).
  • Preexisting conventional electronic documents: Documents that were available on the state or local government's website or mobile app before the compliance date.
  • Content posted by a third party: This exception applies when members of the public or others who aren't controlled by or acting for the government entity post content.

What Actions Should You Take?

To ensure compliance, institutions should:

  1. Form a Stakeholder Team: Create a team of campus stakeholders to develop a digital accessibility strategy and implementation plan.
  2. Start Working on Conformance: Begin conforming with WCAG 2.1 Level AA guidelines for all web content and mobile apps.

By taking these steps, public schools, community colleges, and public universities can ensure that their online presence is accessible and usable by everyone, including individuals with disabilities.