- An Overview of ADA Compliance Requirements Under Title II
- Key Insights from the ADA Title II New Rule
- Why were the Changes Made to ADA Title II?
- How will it Affect Digital Accessibility?
- How can You Ensure Compliance with the New Update?
- Summary
For years, digital accessibility has frustrated state and local governments due to the lack of transparency in the Americans with Disabilities Act (ADA). Questions have been raised regarding the scope of ADA Title II, particularly regarding the accessibility level of digital services. It is essential to realize that accessibility is not limited to physical spaces — it extends to online spaces as well. For instance, public entities must ensure that their digital platforms (websites, mobile apps, etc.) are accessible to all, irrespective of their ability. With the recent update to ADA Title II, it has become mandatory for all public entities to restructure their approach to digital accessibility.
An Overview of ADA Compliance Requirements Under Title II
In April 2024, the US Attorney General updated the accessibility requirements under the Americans with Disabilities Act (ADA) Title II for local and state governments. These new updates address the critical concern of digital inclusivity. They state that local and state governments must make their web and mobile apps accessible to everyone, including people with disabilities. Initially, this rule only prioritized physical accessibility, but as technology advances, digital environments have become an integral part of the change.
In response to these technological advancements, the US Department of Justice (DOJ) has now highlighted the increasing importance of digital accessibility and the need for greater clarity regarding the impact of Title II on digital services. In the new update, they aim to:
• Address uncertainties by outlining the responsibilities of public entities to ensure digital accessibility.
• Communicate technological advancements by addressing the transition from physical to digital environments in service provision.
• Promote inclusivity in public services by ensuring equal access to digital information and services for individuals with disabilities.
Key Insights from the ADA Title II New Rule
The new rule reflects the transformative shift in digital accessibility. It states that all digital assets (PDFs, spreadsheets, PPTs, word-processing files, websites, and mobile apps) and experiences must comply with the Web Content Accessibility Guidelines (WCAG) 2.1 (Levels A and AA). In addition, the rule also applies to publicly available web content (video, audio, and social media content) with expectations such as unchanging and archived website material. Public entities serving a population of 50,000 or more (excluding special districts) must comply with the new rule by April 2026. Public entities serving less than 50,000 and special district government must comply by April 2027.
Accessibility is a continuous journey, not a one-time remediation. Organizations need to clarify and maintain the best practices for the accessibility of all new content. They are required to regularly access their digital assets and remediate any compliance issues that may arise with new changes in accessibility laws and guidelines.
Why were the Changes Made to ADA Title II?
“We will continue to use every tool that we have, including our enforcement authority, to ensure that people with disabilities are not treated like second-class citizens when it comes to online services.” – Associate Attorney General Vanita Gupta (justice.gov)
According to the DOJ, the new update will cover the online services offered by state and local governments via websites and mobile apps. As the digital age progresses rapidly, it also raises accessibility concerns for people with disabilities. They might encounter barriers when accessing essential services, preventing them from attending civic activities (such as voting, town meetings, etc.)
Another concern is the legal action that hovers over public and private businesses because their digital content, services, and experiences are inaccessible. To address this confusion, the DOJ’s new ADA Title II update offers transparency by delivering documented technical regulations (WCAG 2.1 A and AA) against which organizations can measure their compliance level.
How will it Affect Digital Accessibility?
The new update will introduce significant changes to digital accessibility, such as:
• The update primarily focuses on digital assets like kiosks, websites, online forms/documents, and mobile apps, expanding the scope of digital accessibility. This will ensure all digital services are addressed in a manner that is equally similar to physical spaces regarding accessibility standards.
• It is now compulsory for public entities to comply with WCAG 2.1, which is an international standard for ensuring web accessibility. They must make their digital content perceivable, operable, and understandable for all users. Also, it should be robust and accessible in assistive devices.
• Public entities must prioritize implementing digital accessibility in their operations. This would include investing in technology, personnel, and training sessions to meet compliance requirements.
• Although the update brings new obligations, it also allows organizations to optimize the overall UX of their digital assets. They can make their digital platforms more user-friendly for specially-abled individuals.
Entities Impacted by the New Accessibility Rule
The new update covers local, state, and other special/district governments, including all government agencies, organizations, and services. It also applies to organizations hired/contracted by government entities to run the programs/services on their behalf. Other public organizations include:
• State and local courts
• Public libraries
• Public hospitals and healthcare clinics
• Community colleges, public schools, and public universities
Also, organizations selling tech solutions like Edutech and web platforms to public entities must ensure their offerings are inclusive and accessible to all. Public entities must ensure that all purchased services and products adhere to WCAG 2.1 A and AA requirements.
How can You Ensure Compliance with the New Update?
Addressing the new accessibility requirements is not so confusing. Tx web and mobile app accessibility experts can assist you in understanding and implementing the right approach to ensure your digital services are inclusive and accessible. Although the new rule doesn’t mention a specific approach for testing, the primary goal is to ensure your digital services meet the WCAG 2.1 requirements.
To achieve this, state and local governments, including other public entities, must test and understand the gaps in their digital content. Technology is rapidly evolving, and websites are becoming more dynamic. Thus, an informed decision-making plan with ongoing testing becomes necessary. We recommend using automated testing frameworks and manual intervention to facilitate a hybrid accessibility testing approach.
At Tx, we offer a wide range of accessibility testing solutions to help you create a fair and inclusive digital environment. Our team possesses advanced expertise in accessibility testing standards and regulations, such as WCAG, ADA, Section 508, and more. Our accessibility testing services cover manual web accessibility testing, automated web accessibility testing, hardware testing, mobile accessibility testing, and more. We assist our clients in addressing various accessibility challenges by:
• Ensuring equal accessibility of websites, mobile apps, and other digital solutions
• Optimizing quality and ensuring accessibility across various digital devices and platforms
• Offering expert accessibility testing recommendations and advice
• Ensuring your accessibility testing covers disabilities such as motor impairment, visual impairment, color blindness, deafness, and more
Summary
The DOJ’s updated ADA Title II regulations emphasize digital inclusivity, mandating public entities to comply with Web Content Accessibility Guidelines (WCAG) 2.1 A and AA. The new rule aims to remove online service barriers, ensuring equal access for individuals with disabilities. Organizations must prioritize optimizing their digital assets, including websites, apps, and documents, to meet international accessibility standards. By partnering with Tx for expert accessibility testing services, you can ensure compliance, address accessibility gaps, and create inclusive digital environments for all users.
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