Educational institutions have started offering course content online, reaching learners beyond campus walls. Along with the emergence of online and digital learning, individuals with disabilities expect more accessible websites, learning content, and applications. The number of ADA website compliance lawsuits has risen dramatically since 2020, and colleges and universities aren’t safe from this trend.
To protect your institution from ADA-related lawsuits, you first need to understand the ADA requirements for accessible online spaces. This article will discuss what the ADA says about digital accessibility and list a few things your college can do to keep itself safe from ADA litigation.
What does the ADA say about website accessibility?
Until fairly recently, the ADA itself did not specify any detailed instructions about implementing website accessibility. The ADA website did list the Web Content Accessibility Guidelines (WCAG) as a useful resource. However, enforcing the law varied among states, with some excluding school websites from their lists of public accommodations.
While public colleges and universities, particularly those receiving federal funding, were required to comply with the Web Content Accessibility Guidelines (WCAG) under Section 508 of the Rehabilitation Act, private institutions were obliged to follow the guidelines only if they received federal study and research grants. The lack of concrete standards also resulted in private colleges not being able to provide adequate accommodations for students with disabilities.
In April 2024, the Department of Justice released a Final Rule for Title II entities – offices and other entities controlled by state and local governments, including state universities and community colleges. The final rule requires Title II entities to comply with WCAG 2.1 level AA success criteria, which is a step that reduces ambiguity about the requirements for accessible websites. While this ADA update does not cover private institutions, experts predict that any potential update involving Title III (private) entities will include the same WCAG compliance requirement.
How to avoid ADA lawsuits
While there are no definitive requirements in the ADA for private institutions, you can take a page out of the Title II final rule and use WCAG 2.1 level AA as your school’s accessibility benchmark. Here are a few things you can do to minimize the risk of ADA lawsuits.
Perform regular accessibility tests
You can’t deal with issues that you can’t readily see. However, many accessibility issues only show themselves when a user tries to perform a task on your website, such as adding a course to their shopping cart or filling out an online form. Accessibility testing simulates these tasks, helping you identify potential WCAG violations before a user encounters them. You may also use an automated accessibility checker to find issues at the code level.
Integrate AI into your website accessibility strategy
Automated accessibility checking is just one of the many applications of artificial intelligence to digital accessibility. AI-powered software does not just locate potential issues; it can recommend fixes and remediate common violations in minutes. For instance, it can locate images without the corresponding alt text and generate the required alt text to make those images compliant. Site visitors may also use an AI-powered tool to adjust their user experience according to their needs. Users with visual or cognitive impairments may increase the size of the text, change the color combination, or change the font to one that they can read better.
Build a culture of digital accessibility on campus
Digital accessibility does not start and end with a couple of accessibility tests. Your institution needs to establish a culture of digital accessibility to ensure that learning content, websites, and software it creates are accessible to the general public. You may start by appointing a person in charge of digital accessibility. Next, gather a working group of representatives with disabilities to build an accessibility policy and meet regularly with content and web developers to discuss changes to the ADA and other guidelines. While there has to be top-down support for accessibility initiatives, everyone on campus should feel empowered to speak up whenever they see inaccessible digital content.
ADA compliance: Going beyond legal protection
An organization with a culture of accessibility considers ADA compliance as more than a tool to avoid lawsuits. It sees the ADA as a set of guidelines to ensure that everyone, regardless of their disability, can benefit from institutional knowledge and learning content. By complying with the ADA, colleges and universities can reach audiences that were previously marginalized and involve them in making discoveries and applying them to real-world situations.