Digital Accessibility: Related Law & Policy
Understanding the laws and policies that govern digital accessibility is essential for ensuring compliance and promoting equitable access to digital resources. This page provides an overview of key federal and state laws, including the ADA Title II rule, Section 504, IDEA, and relevant North Carolina policies, to help guide your efforts in creating accessible digital content and environments.
Americans with Disabilities Act (ADA) Title II
Title II of the Americans with Disabilities Act (ADA) provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a State or local government entity.
The DOJ has consistently made clear that the title II nondiscrimination requirements apply to all services, programs, and activities of public entities (also referred to as “government services”), including those provided via the web. It also includes those provided via mobile apps.
In April 2024, a regulatory rule, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, was published in the Federal Register. In this rule, the DOJ establishes technical standards for web content and mobile app accessibility to give public entities greater clarity in exactly how to meet their ADA obligations and to help ensure equal access to government services for individuals with disabilities.
Deeper Dive into ADA Title II rule (webinar recording June 2024)
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go.ncdpi.gov/RuleDeepDive
ADA Title II Rule Overview
1990
The Americans with Disabilities Act (ADA), a comprehensive civil rights law prohibiting discrimination on the basis of disability, was signed into law.
Title II of the ADA applies to State and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), as amended, 29 U.S.C. 794 (“section 504”), to all activities of State and local government entities, regardless of whether the entities receive Federal financial assistance.
1996
The Department articulated its interpretation that the ADA applies to websites of covered entities, and has since reiterated this interpretation in a variety of online contexts. Title II of the ADA also applies when public entities use mobile apps to offer their services, programs, or activities.
The Department of Justice issues its final rule revising the regulation 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 applications (“apps”).
In this rule, the Department establishes technical standards for web content and mobile app accessibility to give public entities greater clarity in exactly how to meet their ADA obligations and to help ensure equal access to government services for individuals with disabilities.
In this final rule, the Department adds a new subpart H to the title II ADA regulation, 28 CFR part 35, that sets forth technical requirements for ensuring that web content that State and local government entities provide or make available, directly or through contractual, licensing, or other arrangements, is readily accessible to and usable by individuals with disabilities.
A public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities:
- Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements; and
- Mobile apps that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements.
Beginning two or three years (based on population) after the publication of this rule in final form, a public entity shall ensure that the web content and mobile apps that the public entity provides or makes available, directly or through contractual, licensing, or other arrangements, comply with Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1, unless the public entity can demonstrate that compliance with this section would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.
The rule was published in the Federal Register on April 24, 2024.
Compliance dates are staggered according to the total population of public entities (based on the latest census data). After the compliance date, ongoing compliance with this final rule is required.
Public entities with a total population of 50,000 or more:
Compliance start date: April 24, 2026- Public entities with a total population less than 50,000:
Compliance start date: April 26, 2027
North Carolina PSUs: Compliance Start Dates
A charter school’s compliance start date for the ADA Title II rule aligns with the earliest compliance date of the Public School Unit (PSU) from which its students are served.
State government agencies in North Carolina, including NCDPI, have a compliance start date of April 24, 2026.
To help illustrate how the ADA title II rule requirements apply within educational settings, a series of practical scenarios are available for PSUs to review.
These scenarios are designed to offer guidance and insights into real-world applications of ADA title II for digital content. However, they are for informational purposes only and should not be considered legal advice.
Exceptions
There are limited exceptions from compliance with the technical standard required under § 35.200.
- Archived web content
- Preexisting conventional electronic documents, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities
- Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity
- Conventional electronic documents that are about a specific individual, their property, or their account and that are password-protected or otherwise secured;
- Preexisting social media posts
If one of these exceptions applies, then the public entity’s web content or content in mobile apps that is covered by an exception would not need to comply with the rule’s technical standard.
Fundamental alteration or undue burden
Conformance to WCAG 2.1 Level AA is not required under title II of the ADA to the extent that such conformance would result in a fundamental alteration in the nature of a service, program, or activity of the public entity or in undue financial and administrative burdens.
In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with § 35.200 would result in such alteration or burdens.
The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or their designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.
If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity to the maximum extent possible.
See the full text of the rule for details.
Archived web content
Web content that
- Was created before the date the public entity is required to comply with this rule, reproduces paper documents created before the date the public entity is required to comply with this rule, or reproduces the contents of other physical media created before the date the public entity is required to comply with this rule;
- Is retained exclusively for reference, research, or recordkeeping;
- Is not altered or updated after the date of archiving; and
- Is organized and stored in a dedicated area or areas clearly identified as being archived
The definition is meant to capture historic web content that, while outdated or superfluous, is maintained unaltered in a dedicated archived area for reference, research, or recordkeeping.
Conforming alternate version
A separate version of web content that is accessible, up to date, contains the same information and functionality as the inaccessible web content, and can be reached in particular ways, such as through a conforming page or an accessibility-supported mechanism.
Conforming alternate versions are permissible only when it is not possible to make web content directly accessible due to technical or legal limitations.
Conventional electronic documents
Web content or content in mobile apps that is in the following electronic file formats: portable document formats (“PDF”), word processor file formats, presentation file formats, and spreadsheet file formats.
Mobile applications (apps)
Software applications that are downloaded and designed to run on mobile devices, such as smartphones and tablets.
Total population
- If a public entity has a population calculated by the United States Census Bureau in the most recent decennial Census, the population estimate for that public entity as calculated by the United States Census Bureau in the most recent decennial Census; or
- If a public entity is an independent school district, or an instrumentality of an independent school district, the population estimate for the independent school district as calculated by the United States Census Bureau in the most recent Small Area Income and Poverty Estimates;
User agent
Any software that retrieves and presents web content for users.
Web content
Defined by § 35.104 to mean the information and sensory experience to be communicated to the user by means of a user agent (e.g., a web browser), including code or markup that defines the content’s structure, presentation, and interactions. This includes text, images, sounds, videos, controls, animations, and conventional electronic documents.
WCAG
Web Content Accessibility Guidelines (WCAG) is an internationally recognized accessibility standard for web access. WCAG version 1.0 was published in 1999.
Web Content Accessibility Guidelines (WCAG) 2.1 was published in June 2018, and is now the technical standard for web content and mobile app accessibility under title II of the ADA.
There are three levels of success criteria for WCAG: Levels A, AA, and AAA. Each level builds from the previous level. The technical standard for web content and mobile app accessibility under title II of the ADA is Level AA.
To the extent there are differences between WCAG 2.1 Level AA and the standards articulated in this rule, the standards articulated in this rule prevail.
Frequently asked questions about the ADA title II regulatory rule and answers for PSUs.
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in any program or activity that receives federal financial assistance. This includes public schools, colleges and universities, and many other organizations. Entities covered under Section 504 must ensure that both external and internal digital content and technology are accessible to individuals with disabilities (including, but not limited to students).
Section 504 underscores the need for accessibility beyond public-facing digital resources, requiring organizations to evaluate and remediate all content to ensure equitable access. This broader scope ensures that employees, students, and other stakeholders are supported in an inclusive digital environment.
The recently updated Section 504 regulatory rule provides clearer guidance on digital accessibility requirements, closely aligning with the ADA Title II rule while introducing some important distinctions. Below are the key details:
- Who Is Covered:
Any entity receiving federal financial assistance through the Department of Health and Human Services must comply with the Section 504 rule. This may include public schools and state education agencies. Seek legal guidance for determination. - Technical Standards:
The Section 504 rule requires compliance with WCAG 2.1 AA, the same technical standard specified in the ADA Title II rule. This standard provides detailed guidelines for ensuring digital content is accessible to people with disabilities. - Scope of Content:
- Unlike the ADA Title II rule, which applies primarily to "external-facing" content (content available to the public), the Section 504 rule applies to both external-facing and internal-facing content. This includes materials used by employees, staff, and students within the organization.
- Internal-facing content might include learning management systems, internal training resources, and employee intranets.
- Exceptions:
Section 504 includes similar exceptions to the ADA Title II rule, such as undue burden or fundamental alteration. These exceptions must be documented thoroughly when claimed. - Compliance Start Dates:
- Compliance timelines are determined by the population served:
- May 2026: Entities serving 50,000 or more individuals.
- May 2027: Entities serving fewer than 50,000 individuals.
- These dates align closely with, but are slightly later than, those in the ADA Title II rule (April 2026/2027).
- Compliance timelines are determined by the population served:
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive a free appropriate public education (FAPE) tailored to their individual needs. As part of IDEA, schools must provide accessible instructional materials and technologies that support equitable access to educational opportunities, including through digital formats. This section highlights how IDEA relates to digital accessibility requirements in education.
While IDEA specifically focuses on the rights of students with disabilities in educational settings, it intersects with Section 504 and ADA Title II by reinforcing the need for accessibility in digital content. IDEA’s focus on individualized education plans (IEPs) and tailored supports ensures that digital accessibility efforts are integrated into broader legal requirements.
Accessibile Instructional Materials
When procuring digital content and resources for students with disabilities, there are some additional accessibility considerations to address.
North Carolina coordinates with the National Instructional Materials Accessibility Center (NIMAC) to ensure that print educational materials are available in adaptive formats in a timely manner for students with disabilities.
When procuring digital instructional materials, district leaders should consider the following:
- Verify that the vendor can provide materials in NIMAS format to meet the needs of students with print disabilities.
- Request case studies or examples where the vendor has successfully implemented accessible materials in schools.
For additional information, contact Crystal Patrick, Visual Impairment Consultant and NIMAS-sourced content lead.
Information included on this page, and other NCDPI digital accessibility webpages, should not be considered legal advice and is provided for informational purposes only.