New DOJ Requirements and Changes to Title II of the Americans with Disabilities Act (ADA)

On April 24, 2024, the Department of Justice (DOJ) took a significant step towards inclusivity by releasing a final rule updating the regulations for Title II of the Americans with Disabilities Act (ADA). This update is a major milestone in ensuring that web content and mobile applications provided by state and local governments are accessible to people with disabilities.

Adoption of WCAG 2.1 Standards

The new rule adopts the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as the technical standard for accessibility. These guidelines are designed to make web content more accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, and photosensitivity.

Key features of WCAG 2.1 include:

• Alternative Text for Images: Ensures that images are described for those using screen readers.
• Keyboard Navigation: Allows users to navigate websites using a keyboard instead of a mouse.
• Screen Reader Compatibility: Ensures that web content is readable by screen readers, which are essential for visually impaired users.

Compliance Deadline and Affected Entities

Universities and other public entities serving populations of 50,000 or more must comply with the DOJ’s new accessibility requirements by April 24, 2026. Public universities are considered to serve the entire population of their respective states, making this rule particularly impactful for higher education institutions.

Consequences of Non-Compliance

Failure to comply with the new requirements can result in severe consequences, including:

• Legal Action: Entities may face lawsuits for failing to meet accessibility standards.
• Financial Penalties: Non-compliance can lead to hefty fines.
• Reputational Damage: Public entities may suffer damage to their reputation, affecting public trust.
• Loss of Federal Funding: Non-compliant entities risk losing crucial federal funding.
• Operational Disruptions: Ensuring compliance after the deadline can cause significant operational challenges.
• Increased Costs: Delayed compliance efforts can lead to higher costs in the long run.

For more detailed information on the new rule, visit the DOJ’s official page here.