The Legal and Compliance Landscape of Online Accessibility in Higher Education
Navigating Digital Accessibility in Higher Education
The shift to online education has rapidly accelerated in recent years, particularly in response to the COVID-19 pandemic. Institutions of higher education now rely heavily on digital platforms to provide learning materials, course interactions, and administrative services. However, with this increased reliance on technology comes a significant responsibility: ensuring that digital content is fully accessible to all students, including those with disabilities.
The Department of Education's Distance Education Rule outlines key requirements that institutions must meet to ensure accessibility and program integrity in online education. These requirements stem from longstanding federal laws, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, which govern digital accessibility obligations for institutions that receive federal funding.
Legal Framework for Digital Accessibility
Title III of the Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in places of public accommodation. Private colleges and universities fall under this category, meaning they must ensure that their services—including digital platforms—are accessible to individuals with disabilities.
While Title III of the ADA does not explicitly mention websites, courts have increasingly ruled that websites are subject to ADA requirements. Landmark cases such as Robles v. Domino’s Pizza and National Association of the Deaf v. Harvard have set legal precedents by holding organizations accountable for inaccessible online content.
The Department of Justice (DOJ) has also weighed in, issuing guidance on website accessibility under the ADA and consistently enforcing Web Content Accessibility Guidelines (WCAG) as the industry standard for compliance. Recent DOJ settlements with major companies like Kroger, Hy-Vee, and Rite-Aid reinforce the expectation that organizations—including educational institutions—must adhere to WCAG standards.
For more information on ADA requirements for websites, visit the DOJ’s official guidance.
Section 504 of the Rehabilitation Act
Section 504 prohibits federally funded programs and institutions from discriminating against individuals with disabilities. Colleges and universities that receive federal financial assistance must ensure that their websites and digital tools are accessible.
The Department of Education’s Office for Civil Rights (OCR) enforces Section 504 and has repeatedly ruled that inaccessible online content violates federal law. Resolution agreements from institutions such as the University of Cincinnati and Colorado State University require conformance with WCAG 2.0 AA standards to remedy accessibility violations.
For a deeper understanding of Section 504 requirements for digital accessibility, refer to the U.S. Department of Education’s OCR guidelines.
WCAG: The Industry Standard for Web Accessibility
Although neither the ADA nor Section 504 explicitly define web accessibility standards, courts, the DOJ, and the OCR have consistently referenced Web Content Accessibility Guidelines (WCAG) as the benchmark for compliance.
Currently, WCAG 2.1 Level AA is the standard most commonly used for legal compliance, though WCAG 2.2 is emerging as the next level of conformance.
Common WCAG failures that impact digital learning platforms include:
- Lack of text alternatives for images, videos, and non-text elements.
- Poor keyboard navigation that prevents users from accessing content without a mouse.
- Inaccessible PDFs and course documents that are not formatted for screen readers.
- Insufficient color contrast making text difficult to read.
- Auto-playing media without pause functionality, which can create barriers for neurodiverse students.
For more details on how WCAG applies to higher education, visit the W3C WCAG Overview.
Steps for Higher Education Institutions to Ensure Compliance
Given the increasing legal scrutiny and evolving standards, institutions should take proactive steps to ensure digital accessibility and reduce litigation risks:
- Establish a Digital Accessibility Team
- Involve key stakeholders, including IT staff, disability services, faculty, and procurement teams.
- Assign an accessibility coordinator to oversee compliance efforts.
- Conduct Website and Digital Content Audits
- Use automated tools like WAVE Web Accessibility Evaluation Tool to identify accessibility gaps.
- Perform manual audits and user testing with assistive technologies.
- Ensure New Content Meets Accessibility Standards
- Require all new course materials, PDFs, and online resources to conform to WCAG 2.1 AA or higher.
- Implement closed captions and transcripts for multimedia content.
- Incorporate Accessibility in Procurement
- Ensure that third-party learning platforms, student portals, and software vendors comply with WCAG 2.1 AA.
- Add accessibility requirements to contractual agreements with vendors.
- Develop an Accessibility Policy
- Create a formal institution-wide policy outlining digital accessibility commitments.
- Provide faculty and staff training on accessibility best practices.
For additional guidance on digital accessibility in education, review resources from the University of Washington’s IT Accessibility Initiative.
The Future of Digital Accessibility in Higher Education
As online learning continues to expand, higher education institutions must stay ahead of accessibility requirements to ensure an inclusive experience for all students. With potential DOJ regulations on the horizon, as well as increasing legal action against non-compliant institutions, now is the time for colleges and universities to prioritize accessibility.
By implementing WCAG-compliant websites, accessible course materials, and proactive accessibility policies, institutions can provide equal access to education while safeguarding against legal risks.
To stay updated on accessibility laws and best practices, follow Zenyth’s Accessibility Blog.