ADA Title II Update: How will it impact you?

In April 2024, the U.S. Department of Justice took significant strides in advancing accessibility by updating the Title II regulations of the Americans with Disabilities Act (ADA). This pivotal revision underscores the Justice Department's ongoing commitment to eliminating barriers that prevent individuals with disabilities from accessing essential government services, programs, and activities. This is the first time in the history of the ADA, which was signed into law in 1990, that specific language and a set of technical standards addressing digital content have been included.

It is important to keep in mind that the World Wide Web only became available to the public in 1991. Although some language within the ADA has been applied to web and mobile access such as “places of reasonable accommodation,” it was impossible for the founders of the ADA to have predicted the digital revolution on the horizon. Under Title II of the ADA, all state and local governments, including school systems, are now explicitly required to make their web content, mobile apps, and social media postings accessible for individuals with disabilities.

ADA Title II technical standards for State and Local Governments: WCAG 2.1 (Level AA)

The new technical standard, WCAG 2.1 (Level AA), is referenced in a fact sheet recently released by the ADA. WCAG is the abbreviation used for the Web Content Accessibility Guidelines, a robust set of guidelines developed through the Worldwide Web Consortium and recognized by countries throughout the world. It is important to be aware that WCAG 2.1 (Level AA) exceeds the existing requirements of Section 508, which cites WCAG 2.0 (Level AA), an older version. Simply conforming to Section 508 compliance is therefore no longer sufficient to meet the legal requirements outlined under Title II of the ADA.

Who does this new rule apply to?

This new rule for web content and mobile applications applies to all state and local governments (this includes any agencies or departments of state or local governments), as well as special purpose districts. State and local governments that contract with other entities to provide public services also need to ensure their contractors comply with Title II. Furthermore, Title II applies to the accessibility of IDEA-related data reporting requirements. To learn more about WCAG 2.1, visit: Web Content Accessibility Guidelines (WCAG) 2.1

Timelines For Compliance

• Large Public Entities (serving a total population of 50,000 or more) are required to comply by April 24, 2026.
• Small Public Entities (those serving a total population of less than 50,000 or are special districts) are required to comply by April 26, 2027.

Public entities must meet this standard unless they can demonstrate that compliance would result in a fundamental alteration in the nature of a service, program, or activity, or which would result in an undue financial and/or administrative burden.

Steps to Consider in Order to Meet and Exceed Title II Compliance

There are specific steps that your agency can take to help ensure that you meet the Title II requirements:

1. Create Awareness of Title II Rule for Web and Mobile Accessibility

   Establish a general awareness of Title II among the leadership team, including the technical standard referenced and the compliance dates.

2. Digital Asset Inventory

   Conduct an inventory of your digital assets and their current state of accessibility. This may require a reputable external contractor if in-house accessibility expertise is not available.

3. Develop an Accessibility Roadmap

   Identify short-term and long-term needs, roles, responsibilities, and quality assurance processes to ensure sustainability for the future.

4. Policy Development and Implementation

   Include legal, human resources, senior management, IT, and representation from stakeholders to establish an accessibility policy, as well as to determine implementation mechanisms and personnel needed.

5. Accessibility Training

   Secure the necessary role-based training and knowledge transfer to ensure that staff are eventually able to implement and maintain accessibility practices and procedures within their respective workflow and responsibilities.

6. Procurement

   Evaluate existing and future contractual language with any third-party vendors to ensure that minimum accessibility requirements are specified and required.

7. Future Initiatives

   Ensure the long-term sustainability of accessibility practices in future initiatives by regularly assessing workflows, digital assets, processes, and providing ongoing training.

Ensure the long-term sustainability of accessibility practices in future initiatives by regularly assessing workflows, digital assets, processes, and providing ongoing training.

The Rhonda Weiss Center can help.

The Rhonda Weiss Center provides technical assistance to States and Part C providers to ensure that access to IDEA-specific data is readily accessible to everyone, regardless of disability. We do this in two ways:

1. Technical Assistance Provided to States and Part C Providers

   We offer universal technical assistance through a variety of products and tools specific to IDEA data. These include accessibility guides and resources, along with webinars and blogs. We also offer limited targeted and intensive technical assistance to States and Part C providers to address more specific needs surrounding the accessibility of IDEA data and web content. Examples may include customized accessibility instruction and feedback on specific documents, as well as accessibility evaluations and remediation solutions for websites.

2. ADAPT, Accessible Data Analysis and Publishing Tool

   ADAPT is a free data reporting tool that allows States to publish IDEA data in formats that are accessible to all, including individuals with disabilities.

Accessibility is a journey, not a final destination.

It is important to keep in mind that accessibility is a journey that requires a cultural shift to achieve sustainability overall. Determining what to tackle first, and how to triage your digital assets along the road to greater accessibility, will be part of that journey. At the end of the day, achieving greater accessibility is about providing equitable access for everyone. Focusing on the “why” when striving toward greater accessibility, along with the “how,” will be instrumental in moving toward meaningful and sustainable change.

We are here to help.

Please do not hesitate to reach out if you have any questions, support needs, or feedback regarding our services, including ADAPT. We can be reached via the following link: Contact the Weiss Center.