Department of Justice Updates Web Accessibility Requirements
This past April, The Federal Register published the Department of Justice’s final rule updating regulations to Title II of the Americans with Disabilities Act (ADA) to include specific requirements for ensuring web and mobile application accessibility. How did we get here? Why does this matter? Let’s take a look:
Why does this matter?
Inaccessible web content means that people with disabilities are denied equal access to information. An inaccessible website can exclude people just as much as steps at an entrance to a physical location. People who are deaf, blind, or have physical and/or cognitive disabilities may need to use assistive technology, such as screen readers or visual aids, to navigate websites and digital materials. The ways that websites are designed and set up can create unnecessary barriers that make it difficult or impossible for people with disabilities to use websites, making it important to have programs, guidelines, and regulations that ensure accessibility for all.
Public and private entities have made efforts over time to increase accessibility independently. In 2006, the California State University (CSU) system launched the Accessible Technology Initiative (ATI), which has the stated goal of ensuring “CSU programs, services and activities are accessible to all students, staff, faculty and the general public.” To learn more about San Diego State’s Accessible Technology Initiative, visit the following link: Accessible Technology Initiative - San Diego State
How did we get here?
Web Accessibility has been a topic of conversation for a long time. The Department of Justice announced its intention to regulate the area in 2010. The Department published numerous guidelines over the course of the 2010s and early 2020s, but fell short of implementing actual guidelines.
The COVID-19 Pandemic prompted the federal government to take action. The rise in virtual modalities of regular aspects of life, such as public services, school, and work following the pandemic exposed that many agencies were lacking in digital accessibility of their sites and services, making it difficult for disabled individuals to get what they needed during this period.
On May 19, 2023, the Justice Department and the Department of Education jointly issued a “Dear Colleague” Letter, reminding colleges, universities, and other postsecondary institutions to ensure that their online services, programs, and activities are accessible to students with disabilities. These departments highlighted the challenges students with disabilities face when working with digital content such as recorded lectures, or third-party programs and services. The full letter can be found in the following PDF: Dear Colleague Letter to Postsecondary Institutions, May 2023
In July 2023, a Notice of Proposed Rulemaking (NPRM), essentially a “first draft” of new regulations to update Title II of the Americans with Disabilities Act (ADA) was sent out to get feedback from the public.
On April 24, 2024, the Federal Register published the Department of Justice’s final rule updating its regulations. These regulations introduce a specific technical standard for the web content and mobile apps of government agencies and government-run entities. Under these regulations, web content must be compliant with Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. The goal of these regulations is to have specific requirements for web and mobile accessibility. A full breakdown of these regulations can be found at the following link: Fact Sheet: New Rule on Web Accessibility - ADA
As a public university, San Diego State University falls under Title II of the ADA. The date for compliance with these regulations for Title II organizations has been set as April 2026. Currently, these regulations only apply to government organizations, but may be indicative of regulations for private companies in the future.
What does this mean moving forward?
Moving forward, government entities will need to be mindful of their online and mobile content to ensure it is accessible to all. Current websites may need to be scanned and updated, and new web pages/mobile content will need to be created with the new accessibility standards in mind. While many entities have been working to achieve this for the past two decades, these regulations create codified protections for people with disabilities to be able to use the Internet in an equitable manner.
