The Legal Framework for University Digital Accessibility
Higher education institutions operate under a multi-layered legal framework for digital accessibility. ADA Title II prohibits public universities from discriminating on the basis of disability in their programs and activities — which the DOJ has consistently interpreted to include websites, learning management systems, and digital course materials. Section 504 of the Rehabilitation Act extends a similar nondiscrimination mandate to any institution receiving federal financial assistance, which includes virtually every US college and university. The Office for Civil Rights (OCR) at the Department of Education is the primary enforcement agency and has been the most active enforcer of digital accessibility obligations in higher education.
The 2024 ADA Title II Final Rule: What Universities Must Know
On April 24, 2024, the Department of Justice published a final rule under ADA Title II explicitly requiring state and local government entities — including public colleges and universities — to conform to WCAG 2.1 Level AA for their web content and mobile applications. For the first time, a federal regulation named WCAG 2.1 AA as the technical standard for public entities, replacing the previous case-by-case enforcement approach.
Compliance Deadlines by Entity Size
Public entities with a population of 50,000 or more (which includes most universities) must comply by April 24, 2026. Smaller public entities have until April 26, 2027. These deadlines apply to all web content and mobile apps, with limited exceptions for archived content, preexisting third-party content, and content that would impose a fundamental alteration or undue burden.
Exceptions and Their Limitations
The rule includes narrow exceptions for archived web content that is not actively maintained, preexisting conventional electronic documents if not currently used, and third-party content the entity does not control. These exceptions are narrower than many institutions assume — 'archived' content must genuinely be archived, not simply old; preexisting documents still actively distributed do not qualify.
OCR Complaint Trends and Resolution Agreements
The OCR receives hundreds of accessibility complaints against higher education institutions each year, making it the sector with the highest volume of accessibility-related complaints after healthcare. When the OCR investigates and finds merit, it negotiates a resolution agreement — a binding legal document that typically requires a comprehensive accessibility audit, remediation on a defined timeline, staff training, an accessibility coordinator designation, a grievance procedure, and annual OCR reporting.
- Common complaint triggers: inaccessible LMS content (videos without captions, PDFs without tags), inaccessible course registration
- Resolution agreement requirements typically include: sitewide audit within 6-12 months, remediation timeline of 1-3 years, accessibility policy publication
- Notable agreements: Cornell University, Louisiana Tech, edX, Youngstown State — each set precedents for scope and technical requirements
- Third-party tools: OCR holds institutions responsible for the accessibility of third-party tools they require students to use
Priority Accessibility Areas in Higher Education
Not all digital content carries equal risk or impact. Accessibility programs should prioritize content and systems that directly affect student academic participation and outcomes.
Learning Management System (LMS) Accessibility
The LMS (Canvas, Blackboard, Moodle, D2L) is the most critical digital system for student participation, and its accessibility affects every course. LMS platform accessibility is the vendor's responsibility, but course content accessibility — uploaded PDFs, embedded videos, HTML pages — is the institution's responsibility. Faculty training on creating accessible course content is the single highest-impact intervention available to most institutions.
Course Materials and E-Textbooks
Faculty-created course materials — syllabi, lecture notes, slides, and reading packets — are among the most frequently inaccessible content types. Scanned PDFs of course readings are a persistent problem. When institutions adopt publisher e-textbook platforms as required course materials, they are responsible under ADA for the accessibility of those platforms, even if they did not build them.
Student Portals and Administrative Systems
Course registration, financial aid applications, housing applications, grade viewing, degree audit, and transcript request systems are all subject to accessibility requirements. Legacy ERP systems like Banner and PeopleSoft used in higher education have historically had significant accessibility gaps that institutions must remediate or supplement.
Event Registration and Campus Communication
University events and campus activities must be communicated through accessible channels. Event registration forms, email newsletters, social media announcements, and campus emergency alert systems must all meet accessibility standards. This area is often overlooked because it spans multiple departments and vendors with no single team owning it.
Building an Institutional Digital Accessibility Program
A mature institutional digital accessibility program spans academic affairs, procurement, human resources, legal, and student services. The most effective programs have visible executive sponsorship, a dedicated accessibility coordinator with authority to set policy, a published digital accessibility policy, training programs for faculty and content creators, and a procurement process that requires accessibility evaluation before purchase.
- Designate a Digital Accessibility Coordinator: a senior role with cross-institutional authority reporting to a VP or provost
- Publish a digital accessibility policy: a formal, board-approved policy that sets WCAG 2.1 AA as the institutional standard
- Establish a grievance procedure: a documented, ADA-compliant process for students and employees to report barriers
- Build a faculty training program: practical training on creating accessible documents, videos, and LMS content
- Conduct a sitewide accessibility audit: prioritize student-facing systems first
- Create an accessibility roadmap: a multi-year plan with milestones, resource allocations, and executive accountability
- Report progress publicly: an annual accessibility report demonstrates good faith and builds trust with the disability community
Accessible Procurement: VPAT Requirements in RFPs
Procurement is one of the most powerful leverage points for institutional accessibility — if the university only purchases accessible technology, accessibility compliance becomes embedded in the vendor ecosystem. The Voluntary Product Accessibility Template (VPAT) is a standardized document in which a vendor describes how their product meets WCAG and Section 508 requirements. Universities should require a current VPAT as a mandatory submission in RFPs for any technology that students, faculty, or staff will use. Contracts should include accessibility warranties, remediation timelines for identified failures, and the right to conduct independent accessibility testing.
- Require VPAT 2.4 (WCAG 2.1 edition) or later in all technology RFPs — reject submissions with outdated or missing VPATs
- Include accessibility acceptance criteria in contracts: specific WCAG SCs that must pass before go-live
- Specify remediation timelines: require vendors to remediate critical failures within 30-60 days
- Reserve the right to test: include language allowing the institution to conduct independent accessibility audits
- Build in contract exit rights: if a vendor fails to meet accessibility requirements after notice and cure period, the institution may terminate without penalty
Meera Krishnan
Training & QA Lead
Dual IAAP-certified (WAS and CPACC) trainer and QA lead. Has trained 500+ developers and designers at Fortune 500 companies to build and test accessibly, reducing remediation costs by embedding accessibility into the SDLC.
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