Throughout the next several months, Tech Tip Tuesday will include “how to’s” for making your courses accessible.
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Are you ready for the new ADA Digital Accessibility Standards? Start now!!!
Released in April 2024, the new DOJ regulations require “state and local governments to make their websites and mobile applications accessible for people with disabilities.” These new rules apply to all public colleges and universities.
The following was derived from a blog post from Russ Poulin, Executive Director of WCET – WICHE Cooperative for Educational Technologies and Vice President for Technology-Enhanced Education, WICHE – Western Interstate Commission for Higher Education (SACSCOC of the West). This blog is Russ’s summary of a recent webinar entitled “Updates to Federal Disability Rights Law in the Digital Space, with Mary Lou Mobley, Office for Civil Rights.”
Note: This information is coming directly from a DOJ official. There is no evidence that the incoming administration plans to alter these new regulations, but that could, of course, change.
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,
- 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. 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. It appears that most VCCS colleges will fall into the 2026 deadline.
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 do faculty need to know and do?
- Start working now! Educate yourself on the new requirements, roles, and timelines. Familiarize yourself with the new standard, WCAG 2.1 Level AA guidelines.
- Understand that this is not an “academic freedom,” issue. Accessibility is not only a legal requirement, but an opportunity to reach more students.
- Review textbook options. Publishers will likely only make new versions of textbooks and courseware that meet the new requirements. This spring, make textbook selections for the next academic year with the new regulations in mind.
- Start making new content in courses accessible from the start. That will mean less content to remediate later. Ensure that course content in Canvas has alternative text for images, captions for videos, proper heading structures in documents, and avoids reliance solely on color to convey information.
- Learn how to use and start using UDOIT for your spring courses. What is UDOIT? – The Universal Design Online content Inspection Tool, or UDOIT (pronounced, “You Do It”) enables faculty to identify accessibility issues in their Canvas course content.
- Post notices for students about where they can get help with their accessibility challenges. Do not lean solely on the disability office.
What should each college be doing now?
- Make an overall plan and communicate the plan. Emphasize 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. We have limited resources and need to start by addressing the places with the most impact like web pages and apps with the high traffic.
- Develop a plan with tasks, timelines and responsible parties.
- Examine all contracts regarding the date that your institution needs to comply. (Note: It appears that most VCCS colleges will be April 2026) What is currently out for procurement? What contracts will be due for renewal? What contracts automatically renew?
- Work with your vendors and contracted entities about how they will address your compliance needs.
- Look at each vendor’s VPATs (Voluntary, Product Accessibility Templates) and/or ACRs (Accessibility Performance Reports), which should detail how a product addresses accessibility requirements. Be wary of reports too glowing as the marketing department may have written them.