The U.S. Department of Justice issued a final rule in April 2024 updating regulations under Title II of the Americans with Disabilities Act (ADA), requiring state and local government websites, mobile applications, and other digital tools to be accessible to individuals with disabilities. Public colleges and universities now have a two-year window to comply with these new requirements, with deadlines beginning April 24, 2026, depending on the institution’s size and classification.
This development is significant as it aims to ensure equal access for people with disabilities in an increasingly digital educational environment. The updated ADA Title II rule mandates that public higher education institutions bring their websites and mobile apps into compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
The Department of Justice’s Small Entity Compliance Guide outlines who must comply—state and local government entities including higher education institutions—and specifies what must be accessible: websites, web content, electronic documents, and mobile apps used for programs or services. Compliance will be measured by adherence to WCAG 2.1 Level AA standards starting in April 2026 for larger entities serving populations over 50,000; smaller entities have until April 26, 2027.
Institutions are expected to take proactive steps such as creating accessibility policies, establishing committees or task forces led by senior leaders, auditing their digital presence through both automated tools and manual testing by users with disabilities, maintaining inventories of web assets, updating vendor contracts to require accessibility conformance reports from third parties, posting accessibility statements online for user feedback or assistance requests, providing staff training tailored by role—including procurement staff—and embedding accessibility into course design.
Notably highlighted is the need for ongoing documentation: “Maintain records of decisions…and require quarterly reporting to the president and board on inventories…Monitor progress over time.” The guide also stresses that social media posts from public institutions must conform to WCAG guidelines if platforms allow features like alternative text or captions.
There are exceptions where certain archived content or pre-existing documents do not need full compliance unless they are actively used in programs or services. However, the core expectation remains that students, applicants, employees—indeed anyone engaging digitally—can access institutional content without barriers.
While private institutions are not directly subject to this specific rule under Title II of the ADA they should pay attention because analogous obligations exist under Section 504 of the Rehabilitation Act and Title III of the ADA which prohibit discrimination against individuals with disabilities at federally funded organizations—including private colleges—and mandate equal access online as well as offline.
