ADA Digital Accessibility Center

Overview of New ADA Title II Digital Accessibility Requirements

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Introduction

On April 24, 2024, the Department of Justice (DOJ) published new regulations addressing digital accessibility under Title II of the Americans with Disabilities Act (ADA). The new rules significantly expand digital accessibility requirements for Ohio State as a public institution, impacting all university units and functions, including academic, administrative, athletic, research, and patient care. The revised rule mandates that all web content and mobile apps (digital content) must be:

  1. Readily accessible to and useable by people with disabilities upfront; and
  2. Fully conformant with the Web Content Accessibility Guidelines 2.1, Levels A and AA (WCAG 2.1) by April 24, 2026.

The revised regulations apply to all public-facing, student-facing, and employee-facing content, whether provided directly by the university or through third parties.

Meeting these new requirements necessitates a fundamental culture shift—from a reactive approach, responding to individual accommodation requests, to proactively ensuring all digital content is accessible from the start. While the compliance deadline of April 24, 2026, is critical, our obligations under the ongoing 2016 resolution agreement with the Office for Civil Rights remain. We must continue meeting these requirements while working to fully integrate accessibility into our practices, reflecting our shared values and commitment to diversity, inclusion, and the excellence that defines Ohio State.

While we cannot make everything digitally accessible all at once, together we can integrate accessibility into our digital infrastructure in manageable, prioritized segments. Each document made accessible, every website revamped, and each video captioned is a step forward and worth celebrating. Each demonstrates our dedication to creating an environment where every student, staff, and faculty member can thrive. This digital accessibility journey is about more than meeting regulatory requirements; it is about fundamentally improving how we teach, learn, and connect. It is also about securing lasting benefits and cultivating a university culture that is perpetually inclusive and welcoming. This document summarizes key requirements of the revised regulation and is not intended as legal advice.

Broad Coverage of the Regulations

The new regulations apply broadly to web content, which is anything viewable via a web browser, including conventional electronic documents and mobile applications (“apps,” software applications that are downloaded and designed to run on mobile devices, such as smartphones and tablets). Digital content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements, must be accessible. Importantly, this also encompasses all course-related materials, including those within Canvas and other documents behind a login.

Examples of the categories and types of digital content covered by the new regulations include, but are not limited to, the following:

  • Websites and web applications such as university websites, departmental sites, and faculty pages, including both public sites and websites or webpages behind a login; online portals for student services, registration, and financial transactions; online research applications; library databases; web-based learning management systems such as Canvas; admission forms, course schedules, and interactive maps.
  • Mobile Apps such as university-developed or provided mobile applications for campus navigation, transportation, parking, and services; apps for accessing course materials, submitting assignments, or participating in forums; emergency notification apps.
  • Digital Documents and Materials such as PDFs, PowerPoint presentations, and Word documents that are used for instructional or informational purposes; e-books and academic journals available online; digital newsletters and email communications from the university.
  • Multimedia Content such as online video lectures, webinars, and instructional videos; audio recordings and podcasts; live-streamed and recorded events and conferences.
  • E-Learning and Online Courses such as online course content and platforms; web-based textbooks; web-based and mobile tools for submitting assignments, participating in discussions, and taking exams; video conferencing tools used for virtual classrooms.

Significant Changes in Compliance Requirements

  1. Digital Content Accessible from the Outset. Under the new regulations, public universities must proactively ensure the accessibility of all digital content up front, rather than addressing the accessibility of digital content after the fact through the provision of accommodations. This “accessible by default” requirement represents a significant shift in the law for digital content.
  2. Technical Standard Adopted Consistent with Current OSU Standard. By adopting a technical standard and requiring upfront accessibility, the new regulation emphasizes the need for universities to integrate accessibility into their digital content creation and maintenance processes. Notably, Ohio State’s Minimum Digital Accessibility Standards (MDAS) have incorporated the same technical standard as the new regulations—WCAG 2.1—since September 2021. This positions the university well for meeting the compliance requirements.
  3. Accommodations No Longer Guarantee Compliance. Under the new regulations, relying on accommodations, good faith efforts, or merely posting notice of inaccessible content and the intent to address such content will not excuse even temporary or isolated incidents of inaccessibility.
  4. Third-Party Digital Information and Services Subject to Same Requirements. Third-party digital information and services provided or made available through contractual, licensing, or other arrangements (content posted or hosted by third parties) with the university must be readily accessible and conform to WCAG 2.1, just as all other digital information and services. Legal responsibility for ensuring the accessibility of third-party digital content falls to the university, not the vendor, except in very narrow circumstances where an exception may apply.  “This is because a public entity may not delegate away its obligations under the ADA. If a public entity relies on a contractor or another third party to post content on the public entity’s behalf, the public entity retains responsibility for ensuring the accessibility of that content.” Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, 89 Fed. Reg. 31320, 31367. April 24, 2024 (to be codified at 28 C.F.R. pt. 35).
  5. Conforming Alternate Version – Separate is Not Equal. A conforming alternate version is a separate, accessible version of web content that is, up to date, contains the same information and functionality as the inaccessible web content, and can be reached in a particular way, such as through a conforming page. Addressing inaccessible content by providing a conforming alternate version is only permissible when it is not technically or legally possible to provide the original format accessibly. By narrowly limiting use of conforming alternate versions, the rule avoids “a segregated approach and a worse experience for individuals with disabilities. . . . [I]n practice, it is often challenging to keep two different versions of web content up to date. For these reasons . . . conforming alternative versions are permissible only when it is not possible to make web content directly accessible due to technical or legal limitations.” at 31322.

Narrow Exceptions to the Readily Accessible and Full Conformance with WCAG 2.1 AA Rule

The new Title II regulations recognize several narrow exceptions where compliance may not be feasible or necessary.  In the limited circumstances where all criteria for a given exception are met, the content subject to the exception is not required to be readily accessible and useable or conform to WCAG 2.1. The following provides regulatory exceptions, corresponding requirements, and a few brief examples, include the following:

  1. Archived Documents Exception:
    • Regulatory Requirements: Archived documents include digital content that: 1a) was created before April, 24, 2026, or 1b) reproduces a paper document created before April 24, 2026, or 1c) reproduces the content of other physical media (e.g. VHS tapes) created before April 24, 2026; 2) is kept exclusively for reference, research, or recordkeeping; 3) is not altered or updated after the date of archiving; AND 4) must be organized and stored in a dedicated area or areas clearly identified as being archived. However, if a person with a disability requests access, the university must provide that content accessibly, consistent with the requirements of the Digital Accessibility Policy (Section IV. “Responding to Accessibility Requests”).
    • Important clarifications: The definition of “archived content” in the Digital Accessibility Policy does not impact the availability of this exception.
    • Examples:
      • Administrative records created during President Gee’s tenure (2013 or earlier) and stored in digital archives would not need to be accessible or conform to WCAG 2.1 under this exception. Old newsletters or minutes created before April 24, 2026, that are retained solely for reference and posted on a webpage or section of a webpage with only archived content that is clearly identified as “Archived Newsletters,” also qualify.
      • In 2030, University Libraries’ Special Collections creates an online archive of early OSU history, including an audio recording of the 1952 commencement address, from a reel-to-reel recording. Even though the website was created after April 24, 2026, the audio recording was originally in a physical format before that date and is intended for research and reference purposes. The audio recording itself qualifies for this exception, although the website it is hosted on does not.
  1. Pre-existing Conventional Electronic Documents Exception:
    • Regulatory Requirements: Conventional electronic documents are web content that are 1) in one of the following file formats: a) portable document formats (“PDF”), b) word processor file formats (e.g., Microsoft Word), c) presentation file formats (e.g., PowerPoint), and d) spreadsheet file formats (e.g., Excel); 2) available as part of the public entity’s digital content before April 24, 2026; AND 3) not currently used to a) apply for, b) gain access to, or c) participate in the public entity’s services, programs, or activities.
    • Additional Clarifications: No other document formats qualify. Conventional electronic documents that are created, updated, or changed after April 24, 2026, do not meet the exception requirements and must be accessible.
    • Examples:
      • Faculty members store course syllabi in Microsoft Word format from previous semesters on a shared drive. If the syllabi were created before April 24, 2026, and not actively used, they can remain inaccessible. However, any syllabus that is updated or changed or if the faculty decides to use one in a course, it must be made accessible.
      • Student Financial Aid hosts an appeal form, created in July 2019, on their website as a PDF. Because the form is used to gain access to the university’s programs, it does not qualify for this exception and must be made accessible.
  1. Third-Party Content Exception:
    • Regulatory Requirements: For this exception to apply, the content must be 1) posted by a third party, and 2) truly unaffiliated with the university (not posted by the third party based on a contractual, licensing, or other arrangement with the university).
    • Additional Clarification: This exception does not apply to third-party content posted by the university itself, such as on social media or video hosting sites, or third-party content posted in Canvas for courses. It also does not apply to tools or platforms the university uses to facilitate posting of third-party content (e.g., Canvas, Content Management Systems like WordPress and plugins, or video hosting platforms like Mediasite). Additionally, it does not apply to third-party content embedded on university websites (e.g., Google Calendar, Instagram post embed) or posted by under contractual, licensing, or other arrangements with the university.
    • Examples:
      • The College of Social Work creates a Facebook post that encourages alumni to share memories of their experiences at Ohio State. Public comments on the post include photos and videos. The public comments do not need to be made accessible.
      • The university licenses a third-party service for event ticket sales. Tickets can be ordered via a website and mobile application. Even though the university does not manage the third-party service, since it is being licensed to gain access to university activities, the website and mobile application must be accessible.
  1. Individualized, Password-Protected, or Otherwise Secured Conventional Electronic Documents Exception:
    • Regulatory Requirements: This exception applies to conventional electronic documents that are 1) in one of the following file formats: a) portable document formats (“PDF”), b) word processor file formats (e.g., Microsoft Word), c) presentation file formats (e.g., PowerPoint), and d) spreadsheet file formats (e.g., Excel); 2) about a specific individual, their property, or their account; and 3) password-protected or otherwise secured.
    • Examples:
      • Human Resources (HR) stores confidential employee performance review PDF documents in a secure, internal system. These reviews are password-protected and intended only for the individual employees and relevant supervisors. The generated documents do not need to be accessible unless an employee with a disability cannot access their review, then HR must provide an accessible format to that employee.
      • A secure online system, which requires a password and is intended for individual students and alumni, generates student transcripts for download as PDFs. The generated documents only need to be accessible if a student or alum requests an accessible format.
  1. Preexisting Social Media Posts:
    • Regulatory Requirements: This exception applies to preexisting social media posts posted before April 24, 2026.
    • Examples: A post made on the College of Pharmacy’s Facebook page posted before April 24, 2026, meets this exception, but one posted on April 25, 2026, would not.

Conclusion

The new Title II regulations require a transformative change in how public universities approach digital accessibility.  With a clear compliance deadline of April 24, 2026, and the adoption of a technical standard (WCAG 2.1 AA), institutions must take proactive steps to ensure their digital content is accessible and usable by all. Understanding the broad coverage of these regulations and the specific exceptions is crucial for successful compliance. By embracing these changes, universities can lead the way in creating inclusive digital spaces that reflect their commitment to accessibility and equity.