On April 24, 2024, the Department of Justice (DOJ) published a new rule on digital accessibility under Title II of the Americans with Disabilities Act (ADA). This rule requires the University’s web content, including academic course content, to be accessible and meet the mandated technical standards by April 24, 2026. This rule advances the ADA’s promise of a more inclusive society.
Understanding what’s covered under the title II web accessibility rules
The ADA Title II is designed to ensure that state and local government services, including public universities, are accessible to people with disabilities. The new regulations apply broadly to web content, which is anything viewable via a web browser, including conventional electronic documents and mobile applications. This also encompasses course materials in Canvas and other documents behind a login. Digital content that the university provides or makes available, directly or through contractual, licensing, or other arrangements, must also be accessible. Examples of the categories and types of digital content covered by the new regulations include, but are not limited to, the following:
Websites and web applications
This includes university websites and websites or webpages behind a login; online portals for student services, registration, and financial transactions; online research applications; library databases; web-based learning management systems such as Canvas; admission forms, course schedules, and interactive maps.
Mobile applications
This includes university-developed or provided mobile applications for campus navigation, transportation, parking, and services; apps for accessing course materials, submitting assignments, or participating in forums; and emergency notification apps.
Digital documents and materials
This includes PDFs, PowerPoint presentations, and Word documents that are used for instructional or informational purposes; e-books and academic journals available online; digital newsletters and email communications from the university.
Course content and materials
This includes all digital course content and platforms; web-based textbooks; web-based and mobile tools for submitting assignments, participating in discussions, and taking exams; and video conferencing tools used for virtual classrooms.
Multimedia content
Includes online video lectures, webinars, and instructional videos; audio recordings and podcasts; live-streamed and recorded events and conferences.
Key requirements of the rules
Under the new regulations, public universities must proactively ensure the accessibility of all digital content up front, rather than addressing the accessibility of digital content after the fact through the provision of accommodations. This “accessible by default” requirement represents a significant shift in the law for digital content. By adopting a technical standard and requiring upfront accessibility, the new regulation emphasizes the need for universities to integrate accessibility into their digital content creation and maintenance processes. The following are key requirements of the new rules:
Minimum requirements and technical standard
ADA Title II specifically covers web content and mobile apps, which must follow the minimum technical accessibility standards for Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.
Essential Definitions
- Web Content: The information and sensory experience communicated to the user by means of a user agent, including code or markup that defines the content’s structure, presentation, and interaction. Examples of web content include text, images, sounds, videos, controls, animations, and conventional electronic documents.
- Conventional Electronic Documents: Web content or content in mobile apps that is in the following electronic file formats: portable document formats (“PDF”), word processor file formats, presentation file formats, and spreadsheet file formats.
- Mobile applications: Software applications designed to run on mobile devices, such as smartphones and tablets, which can be downloaded through app stores or accessed via mobile browsers.
Exceptions
In limited circumstances, some kinds of web and mobile app content, primarily archived content and old documents, may be exempt from meeting the technical standard. The DOJ fact sheet provides more detail on each of these exceptions:
- Archived web content: Content created before the compliance deadline, held solely for reference, research, or recordkeeping, and kept in an archived section without modification since its original posting.
- Preexisting conventional electronic documents: Documents like PDFs, spreadsheets, or presentations made available on a public entity’s website or mobile app before the compliance deadline.
- Third-party content: Content posted by individuals or groups not affiliated with the public entity unless it is posted through contractual, licensing, or other formal arrangements.
- Individualized password-protected documents: Documents related to a specific person, property, or account that are secured by a password or other authentication measures.
- Preexisting social media posts: Social media posts made before the date of compliance.
Accessibility is everyone’s responsibility
The work in front of us to meet the new requirements is a significant lift. The scope covers research, academic courses, and all services and programs we deliver to our internal and external communities. Complying with the new regulations will require a community effort consisting of collaboration and partnership to ensure websites, documents, digital tools, and other electronic content are readily usable by all. The Office of Compliance and Ethics is working with partners across the university and helping to coordinate University-wide efforts to ensure compliance by the April 24, 2026, deadline.
Title II Resources
Additional information and resources regarding the Title II Rule.