In April 2024, the U.S. Department of Justice updated the regulations for Title II of the Americans with Disabilities Act. The updated regulations say that state and local government entities—including public colleges and universities—must make sure their websites, apps, and online learning materials are accessible for people with disabilities by conforming to a specific accessibility standard: the Web Content Accessibility Guidelines (WCAG) version 2.1 at level AA. For more information, see the Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments, or read the Web Content Accessibility Guidelines (WCAG) 2.1.

Compliance is not a distant goal. The timeline is dictated by the population of the area served:

  • April 26, 2027: Community colleges serving more than 50,000 people
  • April 26, 2028: Community colleges serving fewer than 50,000 people

An important note: "population" refers to the local census data (e.g., the 2020 Census) of the town or county, not the number of students enrolled.

ADA Title II does provide some exceptions, typically for legacy content:

  • Archived web content (Example: board meeting minutes from a meeting that took place in 2020 and that are kept only for historical purposes).
  • Older electronic documents (Example: A flyer for a Veteran’s Day ceremony that took place in 2021).
  • Preexisting social media posts (Example: a community college’s posts to what was then known as Twitter made in 2020).
  • Content posted by third parties that is not covered by a contractual, licensing or other arrangement with the public entity (Example: an individual’s posts to a discussion board would be covered by the exception, but not the discussion board platform procured by the covered entity under a contract).
  • Individualized password-protected documents (Example: a transcript intended for an individual student who needs to log in with their credentials to download it).

Note: For archived and older electronic documents, the exceptions would only apply if the content remained unchanged after the deadlines took effect. In all cases, a legal obligation to ensure “effective communication” for individuals with disabilities remains.

Title II and UDL

Universal Design for Learning (UDL) and Title II of the ADA both aim to ensure that all students can access and participate in learning. Title II sets the legal requirement that digital content must be accessible, while UDL provides a proactive framework for designing learning experiences that work for a wide range of learners from the start. Compliance with Title II is important for UDL because it establishes a baseline of access—without accessible materials, students cannot fully engage, represent their understanding, or take action in their learning. In this way, accessibility is the foundation that makes UDL possible.