Updates to Federal Disability Rights Law in the Digital Space, with Mary Lou Mobley, Office for Civil Rights

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This webinar was not recorded. Instead, we share a summary of the presentation by guest author Russ Poulin, Executive Director, WCET – WICHE Cooperative for Educational Technologies and Vice President for Technology-Enhanced Education, WICHE – Western Interstate Commission for Higher Education

Meeting the Looming Web Accessibility Regulations: The Time to Start Was Yesterday

A recent NWHeat webinar “Updates to Federal Disability Rights Law in the Digital Space, with Mary Lou Mobley, Office for Civil Rights” highlighted that public institutions must mobilize immediately (if not sooner) to meet the coming U.S. Department of Justice (DOJ) accessibility guidelines. Released in April 2024, the new regulation requires “state and local governments to make their websites and mobile applications accessible for people with disabilities.” These rules encompass all public colleges and universities. 

This post highlights key points from the webinar that was dense with information. The featured speaker was Mary Lou Mobley of National Digital Access Team within the U.S. Department of Education’s Office of Civil Rights. NWHeat (Northwest Higher Education Accessibility Technology) is a partnership between Orbis Cascade Alliance (for libraries) and the Northwest Academic Computing Consortium (NWACC). The next NWHeat webinar on these regulations will be November 20, 2024 at 2:00 PM PST on ADA Title II Regulations Exemptions and Questions with Judith Risch. 

Who Will Be Affected? 

The new requirements apply to all public entities, such as state and local governments, in all of their functions, including motor vehicle departments, libraries, police departments, and K-12 schools. Yes, all public colleges and universities are included as well. A parallel rule covering private colleges is under development and is due to be released later this year or early next year.    

 What Will Be Required? 

All content and functions of your websites, mobile applications, and social media that you are using after the implementation deadline will need to meet the specific accessible standards. This encompasses everything online or on your apps. It will affect students, faculty, and staff. A few examples of what needs to be accessible include (but are not limited to):  

  • all content of online courses,  
  • digital content for in-person courses,  
  • online payroll/timesheet forms for staff,  
  • course registration,  
  • library content and searches,  
  • third-party tutoring services,  
  • content from publishers,  
  • housing applications,  
  • educational software,  
  • your social media entries, and  
  • student-submitted content if others are expected to use or review it.  

Pretty much everything that is online. There are a few exemptions, but they are very narrow and specific. The details are too involved for this post, but ADA.gov provides a helpful fact sheet. 

What Accessibility Standard is Being Used? 

From the DOJ press release announcing the rule: “The agency is adopting the technical standards of Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which requires 50 success criteria to make websites accessible. This includes converting pictures and documents so they can be read with assistive technology for individuals with vision loss and providing captions for live and prerecorded videos for individuals with hearing loss.” 

What is the Deadline? 

The deadline is determined by the population of the geographic area that your public entity serves. Note that for colleges, it is NOT your enrollment, but the number of people living in the state or district you serve. So, the official geographic region from which the institution draws its students. The compliance deadline is: 

  • 50,000 or more people:  April 24, 2026, 
  • Fewer than 50,000 people:  April 24, 2027. 

Only colleges that serve a small county or service district will qualify for the later date. Most colleges or universities have a statewide mandate or serve a city or county with 50,000 or more in population. One example highlighted was that of an online K-12 school with eight students enrolled but has a statewide service area. That school fits into the earlier date for large populations. 

Why are They Doing This? 

DOJ tried a voluntary approach to accessibility. It has not worked.  

The new requirements ensure that all public entities have a known and standard set of accessibility requirements that they must meet.  

Initially, the DOJ proposed several exemptions for institutions that would have allowed five days to remediate non-accessible issues found on public entity content or applications. Based on the public comments submitted, they instead decided to follow a universal design approach, much as has been done with physical spaces.  

These requirements will help both those with and without disabilities. Much like physical facility requirements, such as corner curb cuts, larger bathroom stalls, and door-opening buttons can help everyone, the new standards will provide a more successful and inclusive experience for all.  

How is This Enforced? 

These regulations will primarily be enforced through lawsuits alleging non-compliance rather than through actions by the DOJ. 

What are Some Tips for Next Steps? 

Mobley provided some great advice on actions that institutions should be taking, and I have organized them into categories: 

  • Make an overall plan. 
  • Communicate that the path to compliance is the responsibility of everyone. The days of relying solely on “disability services” offices are over. There is too much to do. 
  • Catalog all the places where your institution has web content, mobile apps, and social media. Make a list of content and vendors, as you will need to work with vendors. 
  • Prioritize your efforts. You have limited resources and you need to start by addressing the places with the most impact. Address the web pages and apps with the most traffic. Determine if there are programs that attract more students with disabilities and prioritize content and applications used in those courses.  
  • Develop a plan with tasks and timelines. 
  • Start working with faculty now! 
  • Educate faculty on the requirements, roles, and timelines. 
  • Encourage faculty to look at their textbook options. Publishers will likely only make new versions of textbooks accessible. Many faculty will make textbook selections for the next academic year in the spring, so work with them now. 
  • Start making new content in courses accessible from the start. That will mean less content to remediate later. 
  • Be prepared to answer questions or objections from faculty. For example, to objections regarding “academic freedom,” frame the discussion around that accessibility is not only a legal requirement, but an opportunity to reach more students. 
  • Start working with administrators now! 
  • Educate administrators on the requirements, roles, and timelines. 
  • Post notices for students about where they can get help with their accessibility challenges. Do not lean solely on the disability office.  
  • If you have a request or complaint, address the specific issue (which may take weeks or months to resolve), but also find a solution for the person who raised the complaint, even if it may not be the permanent solution eventually put into place. 
  • Examine all contracts in regard to the date that your institution needs to be in compliance (April 2026 or 2027). What is currently out for procurement? What contracts will be due for renewal. What contracts automatically renew? 
  • Work with your vendors and contracted entities. 
  • Communicate with them about how they will address your compliance needs. 
  • Look at the vendors’ VPATs (Voluntary, Product Accessibility Templates) and/or ACRs (Accessibility Performance Reports), which should detail how a product addresses accessibility requirements. Be wary of reports that are too glowing as they may have been written by the marketing department.  
  • Collaborating with other institutions or with membership groups often gives the college or university greater leverage in requesting accessibility features than working alone. 

Like in all big journeys, successfully meeting these new standards will be accomplished a step at a time. Make a plan. The sooner you start, the easier the path will be. Of course, the results of the election that was held since this webinar might have an impact on the future of this regulation. It will take quite a while for clarity to emerge on that issue. Meanwhile, we hope that you continue to support students with disabilities as much as you can. 

Russ Poulin 
Executive Director, WCET – WICHE Cooperative for Educational Technologies 
Vice President for Technology-Enhanced Education, WICHE – Western Interstate Commission for Higher Education 

Resources Shared During the Webinar: