The University of Nebraska–Lincoln (UNL) is committed to equity across all of our physical and digital campuses. We promote inclusive practices and strive for accessibility in all of our services, programs, and activities.
New ADA Title II Rule
The Department of Justice (DOJ) has issued new accessibility guidance as a rule under Title II of the Americans with Disabilities Act (ADA): "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities". Title II of the ADA ensures that anyone with a disability has equal access to state and local government services such as public education, and it covers the accessibility of web content and digital applications. The University must comply with this new rule by April 24, 2026. Because the work to make new and existing content accessible may be substantial, it is important to begin work on learning and remediating now rather than waiting for the compliance date. For example, instructors are being asked to have course materials in compliance at the start of the 2025-26 academic year.
What's in the Title II Update?
This rule provides clarification to the ADA's mandate of effective communication by setting a clear accessibility standard for digital content and tools, including internal and external websites, digital documents, and mobile applications, by requiring compliance with Web Content Accessibility Guidelines 2.1 Level AA with limited exceptions.
Why is this Important?
Previously, there were no explicit standards for digital accessibility under Title II, and there was a lack of clarity about the scope of digital content and services covered by Title II. In practice, this led to an accommodation over accessibility approach that did not provide equal access, in part because of delays due to on-the-fly remediation. In short, alternatives and workarounds for inaccessible technology will no longer be considered to be sufficient.
What Does this Mean for Us?
All digital content posted by anyone at the university is expected to meet digital accessibility guidelines before being posted. This includes the UNL website (both public and internal facing) and course materials posted on Canvas. It also applies to social media posts as well as content from 3rd party vendors like textbook companies and other learning applications used by instructors.
What Happens If We Don't?
If a complaint is made, the appropriate federal agency starts an audit process that includes assessing whether proper structures are in place (personnel & policies/procedures that most people follow) for accessibility. The federal government is also running random audits of universities, even without specific complaints. In either case, if the university is found out of compliance, a full audit will be conducted and a remediation plan required, which will be closely monitored over time. If progress isn’t made, the matter will be referred for litigation, which may involve a monetary penalty.
What are We Doing?
The University has created a Working Group to address the changes to ADA’s Title II for digital accessibility by assessing and reviewing UNL’s current practices and procedures, providing recommendations for updates and identifying areas of need for compliance including purchases, processes and personnel.
What Can I Do?
- Review the New Rule: Become familiar with the new rule and raise awareness about it and its requirements within your unit.
- Complete the Title II and What It Means for You training in Bridge.
- Audit Digital Content: Review and update all web content, including course materials, to eliminate outdated or redundant information and pages. Reduce the use of external documents by integrating content into web pages wherever possible. This will shrink the footprint of content that needs to be remediated to meet digital accessibility standards.
- Update Forms: Replace PDF forms with accessible web forms.
- Practice Accessibility: Learn more about accessibility and practice your skills.
- Attend a B is for Barriers training session on accessibility barriers and solutions.
- Complete the Bridge Digital Accessibility Training created by Center for Transformative Teaching (CTT), Services for Students with Disabilities (SSD), Institutional Equity and Compliance (IEC), and Information Technology Services (ITS), providing explicit guidance on producing accessible materials.
- Attend the Building Inclusion through Digital Accessibility workshop series.
- Consultation: Faculty can contact an instructional designer for their school or college for advice and guidance in meeting accessibility standards in their courses.
Resources
- A DOJ fact sheet summarizing the new rule has been made available outlining the new regulations and compliance expectations.
- The DOJ has produced a webinar "Americans with Disabilities Act Title II Web & Mobile Application Accessibility Rule" summarizing the new rule.
- The webinar "ADA Title II and You" explains implications of the new rule for higher education.
- The webinar "An Integrative Approach to Digital Accessibility Initiatives" discusses strategies that universities can use to effectively prepare for the Title II updates.
Accessibility at the University of Nebraska is a shared responsibility. Together we can collaboratively ensure that barriers to accessibility are eliminated ensuring an equitable experience for all. Thank you for your commitment to cultivating an environment where Every Person and Every Interaction Matters.