The U.S. Department of Justice’s (DOJ’s) April 2024 rule imposing new requirements concerning the accessibility of web content and services, which applies to all colleges and universities accepting federal funds, will be enforced starting April 24, 2026.
Title II has long required that higher education institutions and other covered entities provide persons with disabilities an equal opportunity to benefit from the covered entity’s programs, services and activities. Because covered entities increasingly provide critical services through their web content and mobile applications, regulators and disability advocates are placing increased emphasis on digital accessibility.
Title II Subpart H accordingly implements broad digital accessibility standards by mandating that all web content conform to Web Content Accessibility Guidelines 2.1 Levels A and AA unless “compliance … would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.” 28 CFR § 35.200(b)(1).
What Content is Covered?
Title II’s digital accessibility standards have an intentionally broad scope — they apply to websites and webpages (including online portals, electronic forms, learning management systems and interactive maps), mobile apps, digital documents, course management systems, course materials (including course syllabi) and multimedia.
Common digital barriers for persons with disabilities include:
- The absence of alternative text (alt text) for images
- The use of images containing text rather than searchable text itself
- The use of font sizing and colors to indicate levels of importance (or to aid in navigating a content-heavy web page) rather than using headings embedded in the webpage’s code
- Poor color contrast on webpages
- Unreadable and non-fillable PDFs
- Lack of keyboard accessibility
- Lack of closed captions or transcripts accompanying videos and GIFs
As April 24 approaches, colleges and universities should pay special attention to whether any of their webpages have any of the digital accessibility barriers listed above.
Are There Exceptions to the Rules?
There are five narrow exceptions to the otherwise-applicable digital accessibility standards:
- archived web content
- preexisting conventional electronic documents
- content posted by a third party that is not posting due to contractual, licensing or other arrangements with a public entity
- individualized documents that are password-protected
- preexisting social media posts
Colleges and universities should note, however, that each of these exceptions has a specific set of requirements that must be satisfied. Even when an exception applies, the institution may still have reasonable accommodation obligations to persons with disabilities on an individual basis.
What’s Next?
More information about the DOJ’s enforcement priorities should be available once the Title II revisions take effect on April 24. In the meantime, colleges and universities should continue to devote resources toward ensuring compliance, mindful that the updated regulations will require effort from most campus departments and offices.
