DOJ Accessibility Deadline Prompts Expert Guidance
With the U.S. Department of Justice's April 2026 Title II digital accessibility deadline approaching, public colleges are facing increased pressure to comply. A recent live Q&A with accessibility consultant David Berman underscored the urgency, advising institutions to embed accessibility into all procurement and design processes to mitigate rising litigation risks.
- The new Department of Justice rule amends Title II of the Americans with Disabilities Act (ADA) and for the first time sets a specific, enforceable technical standard for digital accessibility for public entities. - Public colleges and universities serving a population of 50,000 or more must comply with the new requirements by April 24, 2026, while those serving smaller populations have until April 26, 2027. - The mandated standard is the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which covers a wide range of digital content, including websites, mobile apps, online learning platforms, course materials, and student service portals. - This rule requires a shift from reacting to individual accommodation requests to a proactive "accessible by default" approach, ensuring all new digital content is usable by people with disabilities from the start. - The scope of the rule is broad, applying to all digital content a public entity provides or makes available, including materials behind a login, such as internal employee portals and course content on learning management systems. - Higher education has been a frequent target of digital accessibility lawsuits, with litigation focusing on inaccessible websites, mobile apps, and course materials. - Common accessibility barriers cited in lawsuits against universities include missing alternative text for images, lack of video captions, and websites that cannot be navigated using only a keyboard. - Recent legal actions have resulted in significant financial consequences for some institutions; for example, the Los Angeles Community College District faced $240,000 in compensatory damages to two students for issues including inaccessible course materials and software.
