Early planning can help institutions prioritize their remediation efforts and reduce potential compliance risks.
New regulations under Title II of the Americans with Disabilities Act (ADA), applicable only to public institutions of higher education, will soon require that the websites and mobile applications of these institutions meet specific accessibility standards. Beginning on April 24, 2026, covered public entities must ensure that web content and mobile applications comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, an international standard for web content accessibility.
Applicability to Public Higher Education Institutions
This final rule only applies to “public entities” or “all state and local governments,” which includes public schools, community colleges and public universities. Private institutions of higher education are subject to Title III of the ADA and not required to comply with the final rule, however, such institutions are held to similar standards.
All public entities subject to these requirements serving populations of more than 50,000 must comply by April 24, 2026, while institutions serving populations of 50,000 or less have until April 26, 2027, to comply. Because compliance may require substantial revisions to existing websites, digital content and mobile applications, public institutions should work with experienced counsel to assess their current digital assets and develop a strategy for implementation well in advance of the applicable deadlines. Early planning can help institutions prioritize their remediation efforts and reduce potential compliance risks.
Web Content Accessibility Guidelines
As stated above, the new regulations require that all web content and mobile applications comply with the WCAG 2.1 Level AA. The guidelines focus on four principles:
- Perceivable: Information and user interface components must be presentable to users in ways they can perceive.
- Operable: Users must be able to navigate and interact with content.
- Understandable: Content and interface operation must be understandable.
- Robust: Content must work with current and future assistive technologies.
Content that is covered by the standards includes but is not limited to institutional websites, learning management systems, course materials, student portals, electronic documents and mobile applications.
Level AA of the WCAG is one of three conformance levels. Each level requires compliance with a specified number of “success criteria,” which are specific, testable requirements that are formally identified and documented in the WCAG standards. To comply with Level AA, institutions must satisfy all 50 success criteria at Level A and 20 at Level AA. The standards are published and maintained by the World Wide Web Consortium.
Limited Exceptions
The rule provides five limited exceptions under which certain content does not have to meet WCAG 2.1 Level AA standards:
- Archived web content.
- Preexisting conventional electronic documents.
- Third-party content.
- Individualized, password-protected documents.
- Preexisting social media posts.
Even if an exception is applicable, an institution must still provide individuals with disabilities effective communication, reasonable modifications and an equal opportunity to participate in or benefit from the institution's services, programs and activities upon request.
Recommended Actions for Public Higher Education Institutions
With the deadline approaching for public institutions that serve populations of 50,000 or more, we recommend that institutions consider taking the following steps to prepare for compliance:
Conduct an Accessibility Audit
Identify all web content, mobile applications and electronic documents within the institution's digital ecosystem and assess current compliance with WCAG 2.1 Level AA standards.
Prioritize High-Impact Content
Focus remediation efforts on content that enables key student and public interactions, is frequently accessed or is essential for accessing university programs and services.
Review Vendor Contracts
Evaluate existing agreements with technology vendors, learning management systems providers and other third parties to ensure they can produce accessible content and consider negotiating accessibility warranties.
Train Faculty and Staff
Provide training for all personnel who create or post web content, course materials and electronic documents on accessibility requirements and best practices.
Establish Accessibility Policies and Procedures
Develop institutional policies that assign responsibility for accessibility compliance, create processes for testing and maintaining accessible content, and establish mechanisms for responding to accessibility requests.
Exercise Caution with Accessibility Overlay Widgets
Institutions should exercise caution with automated accessibility overlay tools, such as accessiBe and UserWay. Although these products are heavily marketed as a quick fix for compliance, the products oftentimes do not satisfy the standard outlined in WCAG 2.1 Level AA and should not be treated as a substitute for genuine remediation efforts. Such tools have been subject to recent Federal Trade Commission scrutiny and may increase rather than reduce legal exposure.
For More Information
If you have any questions about this Alert, please contact Anthony J. Guida Jr., J. Colin Knisely, Matthew Steinway, any of the attorneys in our Higher Education Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.