ADA Title II Revisions

In April 2024, the Department of Justice issued its final rule revising the Americans with Disabilities Act (ADA). The new regulation adds subpart H to Title II of the ADA and establishes specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by state and local government entities to the public through the web and mobile applications. This includes public colleges and universities.

For good overviews of the new accessibility rules related to higher education, review WCET's Access for All and ADA's Fact Sheet.

Web content is defined as the information and sensory experiences meant to be communicated to the user by means of a user agent (e.g., web browser). This includes: text, images, videos, audio, controls, animation, electronic documents (Word, Excel, PPT, PDF, etc), and HTML code.

There are five exceptions from compliance: (1) archived web content that is not currently used, (2) pre-existing conventional electronic documents that are not currently used, (3) third-party content. (4) individual password-protected documents about an individual, and (5) preexisting social media content.

Highlights:

Almost all digital content hosted by WSU will need to be compliant. This includes: content within the Learning Management System (D2L Brightspace), and third-party content (such as textbook publisher content and digital textbooks, YouTube).
Digital content must meet at least the WCAG 2.1 Level AA (or WCAG 2.2 Level AA) requirements.
All students should have access to the same accessible content - there should not be an accessible version and an inaccessible version of the same content.
WSU has until April 24, 2026 to comply.
This revision complements the existing web requirements outlined in Title III.

What does this mean for WSU faculty?

This rule applies to all content within our learning management system, D2L Brightspace. D2L Brightspace, as a tool, is accessible. However, not all added content may be accessible for all learners. Faculty are responsible for ensuring all content (added files, linked videos, PPTs, PDFs, etc) meets these requirements.

Access Services and TLT can assist you with the remediation of your content to ensure accessibility.

How can I ensure my web content meets the requirements?

Using Accessible Fonts

Use san serif fonts (those without the small tails at the tip of letters) for electronic and printed materials; use fonts such as Arial, Aptos, Tahoma, or Lato.
Use a minimum of 12 point fonts (19px in Brightspace) to ensure readability.
Also important is the use (or non-use) of color. Color should not be the only means of conveying meaning or information. Rather use bold or a symbol to signify importance.

Understanding accessible fonts and typography (Section508.gov)