By Eve Hill
The deadlines are fast approaching for K-12 schools and public colleges and universities to make sure their websites, mobile apps, and online course materials are accessible. Adopted in early 2024, the updated ADA Title II guidelines give clear direction by mandating that digital tools used by government and public entities must meet the Level AA Standards of the Web Content Accessibility Guidelines (WCAG) 2.1.
Entities with a population of 50,000 or more people have until April 24, 2026, to comply, while entities with a population fewer than 50,000 people have until April 24, 2027. Time is of the essence, because compliance will require a number of steps for each institution or public school. Time must also be allotted for the review and potential renegotiation of vendor relationships for third-party learning platforms.
Websites are Just the Beginning
Like every other aspect of our lives, online tools have become an integral part of learning. The “student tech interface” cuts across all school-related activities, so every platform needs to be audited for accessibility, including:
- Learning management systems (LMS) like Schoology or Canvas.
- Online course platforms and digital textbooks.
- Interactive whiteboards and student response systems.
- Software and applications used for research, writing, and presentations.
- Access to online resources, databases, and libraries.
- Digital citizenship and online safety education.
- Communication tools, including email and online discussion forums.
What Does Compliance Really Mean?
The WCAG technical standards include 50 points required to make online tools accessible. Key points include:
- Keyboard navigation – Users need to be able to fully navigate through a website using only a keyboard.
- Color contrast –Adequate color contrast is needed between text and backgrounds, and on buttons and images so they can be read by people with visual impairments.
- Screen reader compatibility – Website content must be formatted so it can be properly interpreted by screen reader software that people with print disabilities use to read content aloud.
- Captioning for videos – Videos need accurate captions for deaf and hard of hearing users.
- Alternative text (alt text) – Descriptive text must be included with images and buttons to help blind users understand this content. PDF documents also need to be adjusted to be accessible.
- Transcripts for audio content – Audio-only content should include a text transcript.
How Do We Get There?
It takes experienced accessibility professionals to set up policies and procedures and to perform the actual remediation process. Here’s an overview of the process:
Inventory and Audit – Identify all tech interface systems and make a thorough assessment of their accessibility. Software tools can help identify glaring issues, but there is no substitute for manual audits of each platform to identify more subtle problems. There are services available that employ people with disabilities to perform comprehensive accessibility audits. Third party learning management systems and mobile learning apps must be compatible also. This may mean sourcing new solutions or renegotiating vendor contracts to ensure compliance.
Remediate and Train – It helps to have accessibility experts guiding the process and implementing changes. To ensure accessibility is maintained as new content is created moving forward, many entities have full time developers, designers and content creators who will need accessibility training to help remediate. Avoid simple solutions like “overlay” widgets for websites – these have proven ineffective for digital accessibility.
Test, Monitor, and Maintain – It is an ongoing process to identify problems and ensure that new content and functionality are fully accessible. Procedures must be developed for regular audits and to guide the creation of accessible content and formatting.
Document – Detailed records of processes, guidelines and efforts can help demonstrate the commitment to accessibility in the event of a future legal challenge.
Tout Progress and Seek Feedback – Let your users know you have a plan and are making progress. Users with disabilities know when something isn’t working. Give them the opportunity to tell you and treat their feedback as an opportunity to do better.
Looking Ahead
The adoption of online learning tools leapt forward in 2020 as the pandemic halted in-person learning across the nation. Almost immediately, lawsuits began to surge as students with disabilities encountered barriers. Post-pandemic, the implementation of online learning – and associated lawsuits – has continued to grow.
Approximately 15% of all public K-12 students have a disability. Moreover, the percentage of college students with disabilities has nearly doubled over the last two decades, with approximately 21% reporting a disability. These students deserve the same opportunity to learn and succeed as the members of their cohorts who do not have a disability.
It is worth noting that just a few years ago, digital developers had to make major changes in their approach to content and design to accommodate the quick rise of mobile devices. Embracing accessibility is a minor shift by comparison, and it will quickly become an integral part of online technology. Once in place, it will have a negligible effect on the digital development process, while it will make a life-changing impact on those who need it.
Inclusivity Strategic Consulting advises organizations on internal policies, procedures, accountability mechanisms, and procurement systems that make sure technology starts accessible and stays accessible. Contact us to discuss your needs today.
About Eve Hill:
Eve Hill, one of the nation’s leading disability and civil rights attorneys, co-leads Inclusivity. She previously served as Deputy Assistant Attorney General of the U.S. Department of Justice, Civil Rights Division, where she was responsible for oversight of the Division’s disability rights enforcement and educational civil rights implementation. Her responsibilities included enforcement, regulation, and policy development regarding accessibility requirements for websites and other digital technology; Olmstead community integration requirements in employment and education; and disability rights in education, law enforcement, and health care.
About Inclusivity Strategic Consulting:
Inclusivity Strategic Consulting works to help government and private entities navigate a clear path to web accessibility to best serve all of their audiences and minimize potential liability. Inclusivity can help organizations adopt policies and procedures, priorities, and contractual requirements to make their websites and mobile apps accessible and keep them accessible into the future. Inclusivity is part of Brown, Goldstein & Levy, a leading civil rights law firm with offices in Baltimore, MD and Washington, D.C.