ADA Title II Updates (2024): All You Need to Know

ADA Title II Updates (2024)

For many years, there’s been a concern about the lack of clear guidelines in the Americans with Disabilities Act (ADA) on how to make digital experiences accessible to everyone, including people with disabilities. This has been a point of frustration for people who work on digital accessibility, as well as state and local government agencies. There’s some good news!

Recently, the U.S. Attorney General issued a final rule that clarifies how Title II of the ADA applies to digital experiences. Title II requires state and local government services, programs, and activities to be accessible to people with disabilities. This new rule provides more detail on what that means in practice.

The rule was originally proposed by the U.S. Department of Justice (DOJ) in August 2023. It continues its efforts to make the ADA clearer when it comes to the digital world. Are you unsure if your organization is affected, or what you need to do to comply? This blog post will explain the DOJ’s new rule in more detail. We’ll cover what types of agencies are impacted, what compliance means in practical terms, and how you can get started meeting these requirements before the deadlines.

What is ADA Title II?

Title II is a part of the ADA that focuses on state and local governments. It ensures that these government entities provide their services, programs, and activities in a way that people with disabilities can easily access and use. This applies to a wide range of government offerings, from helping with adoption to setting zoning rules. It even includes services offered online and through mobile apps.

Why Was the ADA Title II Update Needed?

Many government services, programs, and activities are now offered online through websites and apps. These online tools can sometimes create challenges for people with disabilities if they’re not designed with accessibility in mind.

For instance, people who are blind might rely on screen readers to convert website content into spoken words. Imagine a government website with important information displayed in an image but without any written description (called “alt text”). A screen reader wouldn’t be able to understand that image, leaving the user with no way to access that information.

Inaccessible websites and apps can make it difficult or even impossible for people with disabilities to use online government services, like requesting absentee ballots or finding tax forms. This can create a gap in access compared to people who can easily use these services online. Sometimes, inaccessible online tools can even prevent people with disabilities from participating in community events like town meetings or school programs.

This update to the ADA aims to make sure everyone has equal access to government services, programs, and activities offered online. It also provides clearer guidelines for government agencies on how to meet these accessibility standards.

Key Points of the ADA Title II Update

The update provides clearer guidelines for what makes digital content accessible and sets deadlines for organizations to comply. This means that future digital content should be easier to use for everyone from the beginning. Here’s a breakdown of the key changes:

  1. Clearer Accessibility Standards: The update lays out specific guidelines for making digital content accessible. These guidelines are based on WCAG 2.1 Level AA and cover a variety of ways to improve accessibility.

  2. Wider Coverage: The update applies to more than just state and local governments. Organizations that work with them, like public schools and hospitals, are also included.

  3. Some Exceptions: There are a few situations where the updated standards don’t apply. For instance, websites that are archived and no longer in use don’t need to be changed. Other exceptions include older electronic files, password-protected documents, content from other organizations, and specific social media posts made before the deadline.

Who Needs to Comply with the New Update of ADA Title II?

The June 24, 2024, updates focus on Title II of the ADA. This title applies specifically to state and local governments, along with the agencies, services, and organizations they run. Here are some examples:
  • Public schools (pre-schools, elementary, high schools)
  • Community colleges and public universities
  • Public libraries
  • State and local courts
The impact of the law goes beyond these specific entities. Many of these government groups use digital tools and platforms from other companies to offer online services like bill payment or utility monitoring. These government groups will now need to choose tools and platforms from businesses that meet the accessibility standards of Title II.
Companies that create digital tools commonly used by state and local government websites and applications will also be affected. This includes companies that develop things like content management systems (CMS), payment processors, cookie policies, and advanced search functions. These companies will need to ensure their products meet Title II’s accessibility requirements.
While the updates only target Title II, they might have a broader impact. The focus on accessibility in Title II could influence legal interpretations of Title III, which applies to public accommodations like restaurants or stores. It’s important to remember that the ADA is a broad law that covers employment, building design, transportation, and other areas where the public needs access.

How to Cope with These New ADA Title II Updates?

The Department of Justice (DOJ) has issued new guidelines to clarify how public entities should meet accessibility standards for their digital content. These guidelines emphasize the importance of making websites, apps, and documents accessible to everyone, including people with disabilities.
There aren’t specific instructions on how to fix websites or apps, but the goal is to follow the WCAG 2.1 standard. This standard ensures information is presented clearly and can be used by various assistive technologies. The DOJ also encourages getting feedback directly from people with disabilities.
This is a good opportunity to invest in tools and training to make sure all future digital content is accessible from the start. This includes everything from writing the content to designing the user experience.
Since public entities typically have a lot of digital content, it might be helpful to consider an accessibility management platform. This platform can help track progress and make sure everything meets accessibility standards within the proposed two- or three-year timeframe.

How Does Continual Engine Help in ADA Title II?

Think of ADA Title II as a set of rules that make sure everyone can get the information they need. Continual Engine works with digital content, like websites with images and documents, to make it accessible for people with disabilities. Imagine a library website with documents that some people might have trouble reading. Continual Engine can help convert those documents into accessible formats that everyone can use. This way, people with disabilities can access the information on the website just as easily as anyone else.

Closing Thoughts

The ADA Title II update is a significant step in ensuring equal access to government services for people with disabilities. By providing clearer guidelines and deadlines, it sets a positive precedent for accessible online experiences. While there’s work to be done, there are also great resources available to help organizations comply. With continued focus on accessibility, we can create a more inclusive digital world for everyone.

Empower Everyone with Accessible Digital Content

Continual Engine makes your digital content usable for everyone, ensuring compliance with ADA regulations.

Editors:

Debangku Sarma

Digital Marketing Associate
Continual Engine

Vijayshree Vethantham

Senior Vice-President, Growth & Strategy
Continual Engine US LLC

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