Title II Rule on Digital Accessibility

On April 24, 2024, the Department of Justice (DOJ) published a new rule on digital accessibility under Title II of the Americans with Disabilities Act (ADA). This rule requires the University’s web content, including academic course content, to be accessible and meet the mandated technical standards by April 24, 2026. This rule advances the ADA’s promise of a more inclusive society.

Accessibility is Everyone’s Responsibility

The work in front of us to meet the new requirements is a significant lift. The scope covers research, academic courses, and all services and programs we deliver to our internal and external communities. Complying with the new regulations will require a community effort consisting of collaboration and partnership to ensure websites, documents, digital tools, and other electronic content are readily usable by all. The Office of Institutional Compliance and Ethics is working with partners across the university and helping to coordinate University-wide efforts to ensure compliance by the April 24, 2026, deadline.

Background

Title II of the ADA provides that no qualified person with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a State or local government entity.

Public entities often deliver services and programs through websites and mobile apps, which can create access barriers for people with disabilities when not designed with accessibility in mind.

The rule will provide much-needed standards for addressing a wide variety of barriers. For example, the rule will help ensure blind individuals can interpret visual information on a website by requiring alternative text to describe an image. It will also help enable people who are deaf or hard of hearing to participate in university lectures online and allow individuals with manual disabilities affecting their ability to use a mouse to access web information through keyboard-only navigation.

The new rule aims to ensure that all people with disabilities have full and equal access to public entities services, programs, and activities available on mobile apps and websites.

Key Requirements of the Rule

Minimum Requirements and Technical Standard

ADA Title II specifically covers web content and mobile apps, which must follow the minimum technical accessibility standards for Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.

Web content and mobile apps include:

• Websites and web applications, including electronic documents hosted on them
• Mobile apps (e.g., for phone, tablet, wearable devices, and future mobile technology), including electronic documents hosted on them
• Digital course materials, including content made available online or provided to students as a requirement towards completion of a course or program (e.g., video, online textbook)
• Social media posts (not the platforms themselves), including electronic documents in the posts

Essential Definitions

• Web Content: The information and sensory experience communicated to the user by means of a user agent, including code or markup that defines the content’s structure, presentation, and interaction. Examples of web content include text, images, sounds, videos, controls, animations, and conventional electronic documents.
• Conventional Electronic Documents: Web content or content in mobile apps that is in the following electronic file formats: portable document formats (“PDF”), word processor file formats, presentation file formats, and spreadsheet file formats.
• Mobile applications: Software applications designed to run on mobile devices, such as smartphones and tablets, which can be downloaded through app stores or accessed via mobile browsers.

Exceptions

In limited circumstances, some kinds of web and mobile app content, primarily archived content and old documents, may be exempt from meeting the technical standard. The DOJ fact sheet provides more detail on each of these exceptions:

• Archived web content: Content created before the compliance deadline, held solely for reference, research, or recordkeeping, and kept in an archived section without modification since its original posting.
• Preexisting conventional electronic documents: Documents like PDFs, spreadsheets, or presentations made available on a public entity’s website or mobile app before the compliance deadline.
• Third-party content: Content posted by individuals or groups not affiliated with the public entity unless it is posted through a contractual, licensing, or other formal arrangements​.
• Individualized password-protected documents: Documents related to a specific person, property, or account that are secured by a password or other authentication measures​.
• Preexisting social media posts: Social media posts made before the date of compliance.

Compliance Timeframe

Public entities with populations of 50,000 or more persons must comply with the federal regulations by April 24, 2026. Under the regulations, Boise State is considered an instrumentality of the state of Idaho. Because the state of Idaho’s population is greater than 50,000, Boise State’s compliance deadline is April 24, 2026.