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 by April 24, 2026.

Accessibility is our Shared Responsibility

The work in front of us to meet the new requirements is a significant lift as everything the University does includes web content. 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 University partners and helping to coordinate University-wide efforts to create a plan 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. For example, blind individuals may rely on screen readers to interpret visual information on a website. However, if a website lacks alternative text to describe the image, these users cannot access publicly available information. 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 Components of the Rule

Minimum Requirements and Technical Standard

ADA Title II specifically covers web content and mobile apps. These must follow the minimum technical accessibility standards in Web Content Accessibility Guidelines (WCAG) 2.1 for Level A and 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 downloaded and designed to run on mobile devices, such as smartphones and tablets.

Exceptions

In limited situations, some kinds of web and mobile app content may not have to meet the technical standard. The DOJ fact sheet has more details on each of these exceptions:

• Archived web content: Content not currently used or altered since being archived by a public entity and kept only for reference, research, or record-keeping purposes.
• Preexisting conventional electronic documents: Documents available on a website or mobile app before the date of compliance.
• Third-party content: Content posted by third parties, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.
• Individualized password-protected documents: Password-protected or otherwise secured documents about a specific person, property, or account.
• 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.