The digital landscape is rapidly expanding, with an estimated hundreds of thousands of new websites created every day. In the U.S., the accessibility of online properties is governed by different laws, including Section 508 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Let’s dive into current digital accessibility regulations, from the Section 508 compliance standards to the laws that apply to postsecondary institutions. We’ll also outline best practices for institutions to get started meeting existing regulatory requirements.
Digital accessibility and Section 508
Section 508 of the Rehabilitation Act of 1973 aimed to provide clearer digital accessibility guidelines across the U.S. federal government. The original Rehabilitation Act was initially amended to include requirements for audiovisual content, but it soon became obvious that stronger controls for digital content were needed. The Section 508 Refresh, as the amendments made in 2018 are known, drastically improves the law’s enforceability and specifies the Web Content Accessibility Guidelines (WCAG) as the benchmark for digital accessibility.
ADA requirements for higher education
Since Section 508 applies specifically to U.S. federal government organizations, most postsecondary institutions fall outside the scope of the law. However, colleges and universities are still legally obligated to address digital accessibility under the Americans with Disabilities Act (ADA).
Title II of the ADA, which mandates the accessibility of state and local governments’ programs and services, covers public postsecondary institutions. Meanwhile, Title III of the ADA prohibits discrimination against people with disabilities by businesses open to the public, including private colleges and universities.
In April 2024, a new rule was published under ADA Title II, requiring that covered entities bring their websites into conformance with WCAG. While specific technical guidelines have not yet been established for Title III entities, experts anticipate that similar requirements may be in place in the future. Additionally, private institutions have been common targets for digital accessibility-related ADA lawsuits. The courts have ruled that private colleges and universities must provide individuals with disabilities with equal access to online learning content and other aspects of the educational experience, including academic support services through a school’s internal network and live streams of graduation ceremonies.
ADA compliance isn’t the only reason for higher education institutions to prioritize digital accessibility. Beyond mitigating legal risk, digital accessibility programs can help institutions attract high-potential students. Recent studies show that as many as 20% of students have a disability, and by providing accessible programs and learning content, universities can ensure that these students can thrive in the classroom and beyond.
Complying with accessibility requirements
Each institution’s digital accessibility journey is unique. Different schools may take different approaches based on their student population, digital content creation process, and hardware infrastructure. Despite these differences, most institutions that are already ADA compliant follow some variation of the roadmap below.
Conform with WCAG
The Web Content Accessibility Guidelines (WCAG) are a globally recognized accessibility benchmark. These guidelines outline best practices for both visible (color contrast, font size, fillable forms) and non-visible (image alt text, heading and subheading tags, screen reader compatibility) web elements.
Vet your vendors for digital accessibility
Building an accessible digital ecosystem goes beyond making sure your website conforms with WCAG. It also means integrating accessible third-party products and services. Ask potential vendors to provide an accessibility conformance report (ACR), a document that describes how well a digital product meets accessibility standards, such as WCAG. The template used to produce an ACR is called a Voluntary Product Accessibility Template (VPAT). When you receive an ACR from a vendor, make sure to validate that it is accurate, up-to-date, and authored by a credible expert.
Incorporate accessibility into the content creation process
Digital accessibility is a continuous process. Your website and other digital experiences likely change frequently, and every update may create new barriers that jeopardize your compliance. The best way to mitigate this risk is to help your digital design and development teams proactively incorporate accessibility into digital content creation. That will require making sure these teams understand accessibility best practices and how to apply them in their everyday work.
Upholding an inclusive academic culture with digital accessibility compliance
Creating an accessible academic environment does not just involve adding wheelchair ramps or braille signage on classroom doors. It also means considering the needs of students with disabilities across digital resources, including websites, course content, and audiovisual content. WCAG addresses these needs by providing a comprehensive set of accessibility guidelines for digital content, including websites, videos, and mobile apps. By following these guidelines, private colleges and universities can not only comply with laws like the ADA, but also set their students up for success in the classroom and beyond.