You may have heard that recently, there have been updates to regulations implementing Title II of the American with Disabilities Act (ADA). These updates impact almost all of what we do in the online learning environment. With the aim of reducing burden for members of the disability community and providing equitable access to web content, the updates introduce technical guidelines that large public universities such as U-M must adhere to starting on April 24, 2026. We’ll discuss this further, and some exceptions to the rule, below.
Prohibiting Discrimination in Digital Spaces
The ADA is a civil rights law which blanketly prohibits discrimination on the basis of disability. More specifically, Title II of the ADA extends the prohibition of discrimination on the basis of having a disability to services, programs, and activities of state and local government entities, which includes public universities. In April 2024, rulemaking by the Department of Justice updated Title II regulations (added as a new subpart H to 28 CFR 35) by establishing specific technical standards to help ensure that all web and mobile applications are accessible.
Prior to this update, web content under Title II was required to be accessible, but public entities did not have specific direction on how to comply with ADA’s general requirements of nondiscrimination. Many organizations noted that voluntary compliance with previous digital accessibility guidelines did not result in equal access for people with disabilities. With the new guidelines in place, people with disabilities will now have equal access to all web-based content created by state or government institutions.
This is important progress for removing barriers to access in our very web-based world. Universities have become increasingly reliant on technology, whether for learning, working, or for transactions. With more than 10 millions students enrolled in some form of distance education (1), ensuring all students have equitable access to the same information, are able to engage in the same interaction, and can conduct the same transactions as their nondisabled peers is critical. As online learning continues to grow, it is important to remember that more than 1 in 4 people in the US have disabilities (2), this includes an estimated 13.9% US adults with a cognitive disability impacting their concentration, memory, or decision making, 6.2% with a vision disability, and 5.5% with a hearing disability.
This is not a solution in search of a problem; individuals with disabilities are consistently reporting challenges when accessing the web. The U.S. Department of Education’s Office for Civil Rights (OCR) noted that they have resolved and monitored more than 1,000 cases, reported by members of the public, in recent years related to digital access (3). These complaints addressed the accessibility of many facets of the web: public-facing websites, learning management systems, password-protected student-facing content, and mass email blasts of colleges and universities, to name a few.
Technical Standards: WCAG 2.1, Level AA
Web content is defined as the information and experiences on the web, and it now must be readily accessible and usable to those with disabilities. This includes text, images, social media, sound, videos, scheduling tools, maps, calendars, payment systems, reservation systems, documents, etc. This also applies to web content that was made by a contractor or vendor. Universities may no longer rely on alternative versions or other workarounds to address barriers to inaccessible digital content or a reactive response when a student requests accommodations.
The technical standards themselves, WCAG 2.1, Level AA, are an international set of standards developed by the Web Accessibility Initiative (WAI) of the W3C, the World Wide Web Consortium, an organization that sets standards for web design. Generally speaking, they set clearly defined standards for content so that it is perceivable, operable, understandable, and robust.
Though this is a new technical standard that all public universities must adhere to, the practice of producing and maintaining accessible content isn’t new at U-M. Since anyone at U-M can create digital content, our digital accessibility Standard Practice Guide Policy, deployed in 2022, states that any U-M developed or maintained electronic information technology (EIT) must meet the same technical standards required in updated Title II regulations. This is to ensure that these technologies are as effective, available, and usable for individuals with disabilities as those who do not have disabilities. This applies to a wide range of technologies, from web-based applications, to digital textbooks, to electronic documents. Individual U-M units are responsible for maintaining the accessibility, usability, and equity of their EIT over time, in collaboration with other U-M units.
Limited Exceptions to the Ruling
If we build our content accessible, adhering to these guidelines, we are greatly reducing the chances that an individual with a disability is unable to access our content. Similarly to a curb cut in a sidewalk, not only can a person with a wheelchair access the street or sidewalk, but so can bicyclists and strollers. This concept applies to web content as well:If we build accessible web content, everyone can benefit. Given this, there are very few, limited exceptions to WCAG 2.1, AA conformance requirements that are further explained in the Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments. Note: please defer to guidance from your university for interpretations of these exceptions. In summary, some exceptions that come up in your teaching include:
- Archived web content:
Oftentimes, there is web content that is not currently used as it’s outdated, not needed, or repeated somewhere else. If the content was created before the compliance date, only kept for reference/recordkeeping, is held in a special area for archived content, and it has not been changed since it was archived, then it would not need to meet WCAG 2.1 Level AA. An example could include a 2019 report on the enrollment data for an online degree program that hasn’t been updated and is stored in an “archived” section of a website. - Content posted by a third party:
When a third party, which is not posting due to contractual arrangements with the university, posts content on a university website or mobile app, these standards likely do not apply. For example, if a student comments on a discussion board within your course, it will probably fall under this exception. - Preexisting conventional documents:
These documents, such as old PDFs, word processing documents, spreadsheets, or presentations, that were made available prior to the ruling date AND are not currently being used An example could include a PDF for a research symposium event in 2022 that was still posted on the university’s website.
Other exceptions include password protected documents for a specific individual and preexisting social media posts made prior to the compliance date.
Common Questions
What if a student reports they cannot access my web content, despite WCAG 2.1, Level AA conformance?
This is definitely possible, as every person’s needs are different. One wouldn’t have to change their web content in this case, but would need to provide an equivalent alternative to that individual.
Can we just depend on a learner’s accommodation request?
This is considered an undue burden to a person with a disability by having them constantly request access to web content as resolutions to requests could take several days or weeks to comply. By designing web content to be accessible upon its creation, individuals with disabilities will have an equal opportunity to access content.
Are there resources and trainings available to learn more about digital accessibility that are tailored for instructional faculty?
At U-M, there are many opportunities to learn about a variety of accessibility topics, including those relevant to faculty, found on the Accessibility Training page maintained by ITS and ECRT. Additionally, there are many great resources available to increase the accessibility of your web content including:
- Digital Accessibility Requirements for Online Learning – UPCEA
- Easy Checks – A First Review of Web Accessibility – W3C
- Accessibility Fundamentals Overview – W3C
- Create and Verify PDF Accessibility – Adobe
- Create Accessible Office Documents – Microsoft
- Make your document, presentation, sheets & videos more accessible – Google
- Contrast Checker – WebAIM
1 2024 Online Learning Statistics
2 Centers for Disease Control and Prevention. Disability and Health Data System (DHDS) [updated 2024 July; cited 2024 August 29]. Available from: http://dhds.cdc.gov