Expert Guidance on DOJ Title II Rule Emerges
Following the finalization of the DOJ's Title II digital accessibility rule, new expert guidance is becoming available for public entities. A recent live Q&A featured consultant David Berman discussing practical compliance, while another resource highlighted the growing scrutiny on the accessibility of Open Educational Resources (OER).
- The final rule on Title II of the Americans with Disabilities Act (ADA) was signed in April 2024, mandating that all state and local government entities, including public colleges and universities, make their web content and mobile applications accessible. Public entities serving a population of 50,000 or more must comply by April 2026, while smaller entities have until April 2027. - The legally mandated technical standard for this rule is the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. This standard requires websites and applications to be perceivable, operable, understandable, and robust for users with a wide range of disabilities, including vision, hearing, cognitive, and mobility impairments. - High-profile accessibility consultant David Berman is an internationally recognized expert in accessible web and document design. He has served as a high-level advisor on accessibility to the United Nations, is a member of the ISO committee for accessible PDFs, and was appointed as an Invited Expert to the W3C, the organization that develops WCAG. - There is a significant trend of increasing digital accessibility lawsuits against higher education institutions. Notable cases include class-action lawsuits filed by the National Association of the Deaf against Harvard University and MIT for not providing accurate and comprehensive captioning for online course materials, which resulted in settlements in 2020. - Open Educational Resources (OER) are facing increased legal scrutiny regarding accessibility. While OER offers a low-cost alternative to traditional textbooks, institutions that create or adopt them are responsible for ensuring they are fully accessible, as they can be subject to the same anti-discrimination laws. - University procurement and budget cycles for new technology are often lengthy, sometimes taking six months or more. The process typically involves multiple stakeholders, including IT, academic departments, and finance, and often requires a formal Request for Proposal (RFP) process for significant purchases.
