Explanation of ADA Title II Modifications: The Department of Justice's Latest Regulation Clarified
In a significant move towards promoting inclusivity, the U.S. Department of Justice has introduced a new ADA Title II accessibility rule for web content and mobile applications. This rule aims to ensure equality of opportunity, full participation in public activities, independent living, and economic self-sufficiency for people with disabilities.
To help public institutions, including state and local governments and public universities, comply with this rule, it's essential to understand the requirements and take the necessary steps. Here's a guide to help navigate the process:
**Step 1: Understand the Requirements** - Ensure that all digital content meets the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA criteria. This includes addressing issues like color contrast, keyboard navigation, text spacing, and video captions. - The rule applies to state and local government entities that receive federal funding, including public universities and other public institutions.
**Step 2: Identify Affected Entities and Deadlines** - Jurisdictions serving 50,000 or more people must comply by April 24, 2026. - All others (under 50,000 people or special districts) have until April 26, 2027.
**Step 3: Develop a Compliance Plan** - Conduct an accessibility audit of existing digital content to identify compliance gaps. - Prioritize updates based on the audit findings and the WCAG 2.1 AA criteria. - Create a timeline for updating digital content in alignment with the compliance deadlines.
**Step 4: Implement Accessibility Measures** - Ensure that new digital content is developed with accessibility in mind from the outset. - Remediate existing content to meet WCAG 2.1 AA standards.
**Step 5: Provide Training and Resources** - Offer training to staff and volunteers on accessibility standards and best practices for ensuring compliance. - Leverage free training and resources from organizations like the W3C to support compliance efforts.
**Step 6: Monitor and Maintain Compliance** - Regularly conduct accessibility audits to ensure ongoing compliance. - Establish clear feedback mechanisms so users can report accessibility issues.
By following these steps, public institutions can ensure that their digital content is accessible, reduce legal exposure, and provide equitable services to all constituents.
It's important to note that the ADA Title II final rule does not apply to archived web content, pre-existing conventional electronic documents, content posted by a third party not under contract or any other arrangement with a public entity, and password-protected conventional electronic documents. Non-compliance with the ADA Title II new rule can lead to potential lawsuits and fines by the DOJ, as well as negative impacts on business reputation and revenue.
The U.S. Department of Justice published a final rule for Title II of the ADA in June 2024. To assist in creating accessible content, platforms offer features like the Accessible PDF Maker, Accessible Color Palette Generator, Color Blind Simulator, Color Contrast Checker, and an AI tool that automatically generates alt text for images.
Public universities and schools, hospitals, courts, and libraries are among the state and local government entities required to comply with Title II regulations, as they often use websites and online technologies for educational purposes, administrative tasks, and public services. The technical standard for accessibility is the Web Accessibility Compliance Guidelines (WCAG) 2.1 Level AA.
The ADA Title II update applies to individualized, password-protected conventional electronic documents. Archived web content and pre-existing conventional electronic documents are exceptions to the ADA Title II applicability. The next steps for compliance include conducting an accessibility audit, improving digital accessibility, and implementing ongoing monitoring and updates to ensure digital content remains compliant with WCAG 2.1 AA and ADA Title II regulations.
- To ensure consistency in digital content's accessibility, public universities and schools could incorporate technology like the Accessible PDF Maker and Color Contrast Checker, as mentioned by the U.S. Department of Justice in their guidance on ADA Title II rules.
- As people seek lifestyles that value inclusivity and equality, education-and-self-development platforms could integrate accessible content practices, in line with the ADA Title II updates, teaching users about the importance of color contrast and alt text in web design.
- General-news websites that cater to a wide audience could consider applying ADA Title II accessibility standards, being mindful of issues like color contrast and providing alt text for images, showing commitment towards fostering a more inclusive online environment for all users.
