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ACCESSIBILITY OF STATE & LOCAL GOVERNMENT WEB CONTENT AND MOBILE APPS

Robin Jones, Director

Great Lakes ADA Center

September 10, 2024

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Background on the ADA

The ADA prohibits discrimination based on disability.
This rule is under Title II of the ADA, which applies to public entities, including state and local governments.
The ADA regulations have always made clear that public entities must make sure their services, programs, and activities are accessible to people with disabilities.
This rule establishes specific requirements, including the adoption of a specific technical standard, telling public entities what they must do to make sure that their web content and mobile apps comply with the ADA.

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The Need for the Rule

State and local governments provide many of their services, programs, and activities through websites and mobile apps.
Inaccessible websites and mobile apps create barriers for people with disabilities.
Ensures that individuals with disabilities have equal access to state and local governments’ services, programs, and activities that are provided and/or promoted on the web or app.
State and local governments now have more clarity about what they must do to comply with the ADA.

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Requirements of the Rule

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Public Entities Covered by the Rule

The rule applies to public entities including:

Public schools and universities
State and local law enforcement and courts
Public hospitals and healthcare services
State and/or Local Parks and recreation programs
Public Libraries
State benefits programs

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Content Covered by the Rule

The final rule applies to web content and mobile apps that a state or local government provides or makes available, whether directly or through contractual, licensing, or other arrangements.

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Web Content

Web content includes the information and experiences available on the web:

Text
Images
Sound
Videos
Documents
Payment or transaction portals

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Mobile Apps

Mobile apps are software applications that are downloaded and designed to run on mobile devices like smartphones and tablets.

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Knowledge Check!

Which of these are web content that would generally need to meet the technical standard in the rule?

A PDF flyer showing the Academic Calendar on a public university’s website.
A video posted by the college on their social media page.
A website to pay tuition bills online.
A public school’s online course catalog.
All the Above.

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Compliance Dates

State & Local Government Size	Compliance Date
0 to 49,999 persons	Three Years: April 26, 2027
Special District Governments	Three Years: April 26, 2027
50,000 or more persons	Two Years: April 24, 2026

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Knowledge Check!

A technical college has 8,000 students, but it is affiliated with a state system that has 16 districts. Does the technical college have to comply with the rule:

Based on individual school enrollment #’s?
Based on District enrollment #’s?

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The Technical Standard

WCAG 2.1 Level AA is the technical standard for public entities’ web content and mobile apps.

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What is a Technical Standard?

Just like the ADA design standards specify what makes a building accessible, WCAG 2.1 Level AA says what is needed for web accessibility.

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WCAG 2.1 Success Criteria

WCAG 2.1 Level AA includes 50 Level A and Level AA success criteria.
Success criteria describe specifically what must be achieved to conform with WCAG 2.1.

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Exceptions

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Exceptions Generally

The rule includes 5 exceptions.
The exceptions only cover limited types of content.
These exceptions are included so that state and local governments have flexibility to prioritize making the most important content accessible to people with disabilities quickly

e.g. current or commonly used.

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What the Exceptions Do Not Change

Even if an exception applies, public educational institutions still must:

Make reasonable modifications,
Provide effective communication, and
Provide individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities offered through web content or mobile apps.

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Exception 1: Archived Web Content

Archived web content is web content that:

Was created before the date a public entity must comply with this rule, or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before a public must comply with this rule; AND
Is kept only for reference, research, or recordkeeping; AND
Is kept in a special area for archived content; AND
Has not been changed since it was archived.

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Knowledge Check!

A college posts a student handbook on its website that contains information needed by students regarding services available, ethics statements, conduct rules, disciplinary action policy, leave of absence information, etc. The manual is periodically updated, but it is posted in an archived section of the website. Does the manual fall within the archived web content exception?

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Exception 2: Preexisting Conventional Electronic Documents

The documents are word processing, presentation, PDF, or spreadsheet files; AND
They were available on a college's website or mobile app before the date they must comply with this rule; AND
They are not currently being used to apply for, access, or participate in the colleges’s services, programs, or activities.

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Knowledge Check!

In 2030, the college updates a Microsoft Word document that was first posted on its website in 2020 to include the Disability Services Office new contact information. Does the document qualify for the exception?

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Exception 3: Content Posted by a Third Party

This exception covers content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.

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Knowledge Check!

A college uses a private company to design, manage, and update its website. The content the private company posts for the university is covered by the exception for content posted by third parties.

True
False

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Exception 4: Individualized Password-Protected Documents

The documents are word processing, presentation, PDF, or spreadsheet files; AND
The documents are about a specific person, property, or account; AND
The documents are password-protected or otherwise secured.

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Knowledge Check!

A college posts a PDF document on a password-protected website about the upcoming semester tuition bill for each students. This PDF document is covered by the exception.

True
False

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Exception 5: Preexisting Social Media Posts

This exception covers a college’s social media posts that were published/posted before the date the college must comply with this rule.

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Knowledge Check!

A college makes a social media post in October 2026 asking students to send in pictures of their favorite campus location. Is that post covered by the exception for preexisting social media posts?

Yes
No
It depends

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What Exception did not make it into the final rule?

In the proposed regulations, DOJ proposed a general exception to Course Content that was on a password protected website and provided specific timeframes for compliance once the institution was made aware of a student needing such an accommodation.

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What Exception did not make it into the final rule? (2)

DOJ did not include this exception in the final rule.
Their commentary notes that institutions should use the time that they have available to come into compliance to establish appropriate policies and procedures to meet the requirement that all course content be accessible.

ALL course content will be covered by the standard after compliance date regardless of whether a student requests it.

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What Does Not Change

Even if an exception applies, public entities still have to:

Make reasonable modifications,
Provide effective communication, and
Provide individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities offered through web content or mobile apps.

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What is not covered by the new rule?

Software Purchases and Remote meeting/presentation platforms offered by 3^rd party vendors (e.g.):

Productivity software
Evaluation software
Remote meeting/webinar programs

General Reasonable Accommodation/Modification polices for Title II entities still apply and govern the platform/software that you use.

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Other Provisions

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Conforming Alternate Versions

Under the rule, a college may use conforming alternate versions as an alternative to inaccessible content only in very limited circumstances.

Conforming alternate versions are only allowed when there is a technical or legal limitation that prevents inaccessible web content or mobile apps from being made accessible.

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Equivalent Facilitation

A college may use designs, methods, or techniques as alternatives to WCAG 2.1 Level AA, provided that the alternative designs, methods, or techniques result in substantially equivalent or greater accessibility and usability of the web content or mobile app.

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Undue Burden & �Fundamental Alteration

Colleges are not required to take actions that would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

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Noncompliance That Has a Minimal Impact on Access

In limited circumstances, a public entity can be considered in compliance with the rule even though the public entity’s web content or mobile app does not perfectly conform with WCAG 2.1 Level AA if the public entity can demonstrate that noncompliance has a minimal impact on access.

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What Does Minimal Impact on �Access Mean?

People with disabilities can do the same things as individuals without disabilities.
People with disabilities can do these things in the same way: quickly, independently, privately, and easily.

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Examples

WCAG 2.1 Success Criterion 1.4.12: Word spacing must be at least 0.16 times the font size.
WCAG 2.1 Success Criterion 2.1.1: Functionality of content must be operable through a keyboard interface.

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WHAT DOES THIS MEAN FOR WI TECHNICAL COLLEGES?

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For Colleges Covered by the Rule

Creating and maintaining accessible web content and mobile apps as required by the rule takes planning. Some practices you can use to help plan for success include:

Creating policies on how you will make sure that your web content and mobile apps are accessible.
Creating processes for people to make accessibility requests and report accessibility issues.
Training your staff.

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For Members of the Public & Advocacy Groups

Starting in April 2026 or 2027, Public educational entities must make sure that their web content and mobile apps meet the requirements in the rule.
The requirements for to provide individuals with disabilities with effective communication, reasonable modifications, and an equal opportunity to participate in or benefit from government services, programs, and activities still apply to your college’s services, programs, and activities offered online and through mobile apps before the rule’s start dates.

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Questions

You may submit questions in the Chat area within Teams

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Speaker Contact Information:

Robin A. Jones, MPA, COTA/L, ROH

Great Lakes ADA Center

Department on Disability and Human Development

University of Illinois at Chicago

312-996-1059 (Office)

312-208-0754 (Cell)

guiness@uic.edu

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Stay Connected!

For Webinar Announcements:

Follow the Center on social media @ADAGreatLakes

Subscribe to our ADA Training and Great Lakes Listservs for more webinar updates.

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