Issue 3: Unlocking Equal Access in Higher Education through Digital Accessibility (July 2025). Title II of the Americans with Disabilities Act (ADA) requires state and local government entities, including public universities, to provide equal access to their services, programs, and activities, which now includes a specific standard for digital content as the result of a 2024 rule issued by the U.S. Department of Justice. This means that websites, electronic documents, and mobile apps offered by public institutions must be accessible to individuals with disabilities. Specifically, Title II requires that digital platforms be designed and maintained in ways that allow individuals with visual, auditory, motor, or cognitive disabilities to fully engage with online content and services. To achieve this, organizations must comply with the Web Content Accessibility Guidelines (WCAG) standards at Level 2.1 AA by April 24, 2026.
How does this impact our universities?
In higher education, the Title II digital accessibility rule impacts universities and colleges that are considered public entities. These institutions must ensure that their websites, online learning platforms, admissions portals, and other digital tools are accessible to all users, including those with disabilities. Failure to comply with Title II can lead to legal challenges, financial costs or penalties, reputational damage, and the potential loss of federal funding. As educational institutions increasingly rely on digital platforms for instruction, communication, and administration, compliance with digital accessibility standards becomes crucial not only for legal reasons but also to create an inclusive and equitable environment. Ensuring that all individuals can access and benefit from educational resources is a vital aspect of providing equal opportunities in higher education.
What is expected of our UW faculty and staff to meet this standard?
The rule requires that digital tools and electronic resources used in programs, services, and activities must be accessible so individuals with disabilities have seamless access without needing to request a reasonable accommodation. We can start by creating new content using best practices and remediating inaccessible content that will continue to be used in courses and programs after April 24, 2026. The UW offers training and resources for making accessible content. To learn how to make websites, documents, and videos accessible, please visit the UWSA Digital Accessibility website.
Test your knowledge on these digital accessibility questions:
Although Title II of the ADA originally focused on physical spaces, the 2024 rule clearly extends Title II obligations to the digital realm. State and local governments, including public universities, are now explicitly required to ensure that digital content, including that which is created and available to students in a learning management system, must be accessible. The shift toward digital enforcement reflects the increasing reliance on technology in education and public service delivery.
False
False
B, C and D
True
C) Ensuring all students, including those with disabilities, can access and engage with digital content equally
True
True
Check out these additional UW resources:
- https://www.wisconsin.edu/digital-accessibility/universities-of-wisconsin-digital-accessibility-policy/
- https://www.wisconsin.edu/digital-accessibility/digital-accessibility-rule-frequently-asked-questions/
- https://it.wisc.edu/learn/make-it-accessible/
- https://www.wisconsin.edu/disability-resources/contacts-resources/the-americans-with-disabilities-act-coordinators/
Sources:
- Universities of Wisconsin. New DOJ ADA digital accessibility rule. Retrieved from https://www.wisconsin.edu/digital-accessibility/new-department-of-justice-doj-ada-digital-accessibility-rule/
- U.S. Department of Justice. Rule on web accessibility for state and local governments under the ADA published on the Federal Register on April 24, 2024. Retrieved from https://www.federalregister.gov/documents/2024/04/24/2024-07758/nondiscrimination-on-the-basis-of-disability-accessibility-of-web-information-and-services-of-state
- U.S. Department of Justice. Fact sheet on new rule for accessibility of web content and mobile apps by state and local governments, released April 8, 2024. Retrieved from https://www.ada.gov/resources/2024-03-08-web-rule/
- World Wide Web Consortium. Web Content Accessibility Guidelines (WCAG) 2.1, published May 6, 2025. Retrieved from https://www.w3.org/TR/WCAG21/