Cases & Developments

The U.S. Department of Justice Civil Rights Division Disability Rights Section published a new resource that contains suggested action steps that Americans with Disabilities Act (ADA) coordinators and others working with state and local governments may take to ensure their website content and mobile apps comply with the Title II Web and Mobile App Accessibility Rule. In addition to the action steps resource provided, a  Fact Sheet is also available to provide a basic introduction to the rule. Institutions are expected to comply beginning April 2026 and April 2027, depending on population size. 

Comment Letter from the American Council on Education (ACE) and 23 other higher education associations to the Department of Justice on its Notice of Proposed Rulemaking (NPRM) on “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” While expressing support for the objectives of online accessibility, the comment letter identifies concerns with the NPRM’s two-year timeframe for establishing compliance, its criteria for determining which entities are large or small, the limited benefit of an exception for password-protected web content for which no student with a declared disability is registered, and high compliance costs for institutions of higher education.   

U.S. Department of Justice, Civil Rights Division Notice of Proposed Rulemaking (NPRM) on Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.  With this NPRM, the DOJ proposes to revise the regulations implementing Title II of the Americans with Disabilities Act (ADA) “to establish specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by State and local Government entities to the public through the web and mobile apps.”  The NPRM also proposes seven “exceptions with some limitations,” including “course content on a public entity’s password-protected or otherwise secured website for admitted students enrolled in a specific course offered by a public postsecondary institution.”  Comments are due on or before October 3, 2023. 

Joint Dear Colleague Letter (DCL) from the Department of Education Office for Civil Rights and the Department of Justice on Postsecondary Online Accessibility. This DCL notes that online content provided through websites and third-party online platforms is a “service, program, or activity of the college, university, or other postsecondary institution” that is subject to the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The DCL also reviews the legal framework, recent enforcement actions, and applicable guidance and regulations.