The Americans with Disabilities Act (ADA) has taken a significant step forward in ensuring digital accessibility for individuals with disabilities. On April 8, 2024, the United States Attorney General signed a final rule providing requirements for digital accessibility under Title II of the ADA. This historic move marks a crucial milestone in promoting equal access to online content and mobile apps.

The Rule in a Nutshell

The official name of this landmark regulation is Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities. Published in the Federal Register on April 24, 2024, it applies to organizations in the U.S. covered under Title II of the ADA. This includes services, programs, and activities provided by state and local governments, as well as public schools and universities.

Compliance Requirements

Covered organizations must ensure that all their web content and mobile apps conform to the W3C Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA. Larger entities (50,000 persons or more) have a deadline of April 26, 2026, for compliance. Smaller organizations and special districts will need to comply by April 24, 2027.

Exceptions

The rule includes several exceptions where the technical requirements do not apply. These exemptions mainly relate to specific formats of content published before the rule's publication date:

  • Archived web content
  • Pre-existing digital documents
  • Pre-existing social media posts made by the covered organization

Additionally, the rule excludes password-protected personal documents and content posted voluntarily by a third party (e.g., comments on a web page or online discussion forum). However, this exception does not apply to content or functionality provided by a third party that was commissioned or contracted by a covered organization.

Additional Resources

For more information, the Department of Justice (DoJ) has published:

  • A Fact Sheet summarizing the rule requirements and reasons for publishing the rule
  • The official Rule published in the Federal Register, providing the text of the rule along with definitions referenced in the rule
  • A YouTube video in American Sign Language announcing the rule
  • A Small Entity Compliance Guide offering information and advice on planning for compliance

TPGi's Observations

From a first read of the rule and supporting comments, here are some observations of significance:

  • WCAG 2.1 Level AA is the requirement, not WCAG 2.2. This means that ADA technical requirements are already out of step with WCAG.
  • The DoJ made clear that rules established by the Office of the Federal Register mean any regulation that incorporates a standard (like WCAG) must name a specific version of the standard.
  • Full conformance may not always be necessary, as the rule provides scope for digital resources that don't conform to the standard in specific and minor ways.

Conclusion

In conclusion, this landmark regulation marks a significant step forward in ensuring equal access to online content and mobile apps. It's essential to familiarize yourself with the rule and its supporting documents – this article is provided as information and opinion only and cannot be considered legal advice.