In April 2024 the Department of Justice released a New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments. UC Davis is making great efforts to be compliant with these new rules and provide resources for faculty and staff to create Accessible content across our digital estates. 

What's in the rule?

This new rule establishes a deadline of April 2026 for public agencies to be compliant. It provides deadlines and specific guidance for Accessibility guidelines that were already in place, specifically regarding web content and mobile apps. It codifies Web Content Accessibility Guidelines AA 2.1 (WCAG 2.1) as the official standard to which public entities must comply and provides some guidelines around when and where exceptions may be appropriate.

Exceptions

In limited situations, some kinds of web content and content in mobile apps do not have to meet WCAG 2.1 standards.

Exception 1: Archived Web Content

Some content that is no longer used for anything other than research and record-keeping purposes, may not need to become WCAG compliant. To qualify, this content must not be currently used to request or access services, and must be identified clearly as "Archived" content. This can include older media, like audio or video records pulled from physical media; however if these files are updated or edited for any reason, they no longer qualify for the exception.

For example, if you have an email newsletter with past messages documented on your website, you may be able to place these past emails in an "Archived" section that indicates they are no longer current or relevant messaging. Newsletters from April 2026 forward will still need to be compliant, and past messages may need to be remediated upon request.

Exception 2: Preexisting Conventional Electronic Documents

Preexisting conventional electronic documents refers to old digital documents that refer to dated content. These are documents like word processor documents or PDFs advertising events that have passed, and are no longer relevant. 

For example, if your department made a flyer advertising information sessions in 2023 that is still hosted on the website, this document may be eligible for the exception. However if you update that same flyer for information sessions in 2026, the updated version must be compliant. 

Exception 3: Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a public entity

While content made by third parties that the University contracts with is subject to WCAG compliance (think websites or apps designed by external vendors), we are not responsible for content posted by third parties we have not contracted with. In most cases these take the form of comments on news articles, blog posts, social media content. 

For example, if a student housing community has a digital message board, the University is responsible for ensuring the platform is accessible for students to post and comment on, but probably not responsible for the accessibility of any posts or comments the students leave.

Exception 4: Individualized Documents that are Password-Protected

This exception applies only to word processing, presentation, or spreadsheet files that are password-protected or otherwise secured, and are about a specific person, property, or account. It does not apply to password-protected documents that are for general use, or in any other file type. 

For example, if a student requests a copy of their transcripts, and stores the PDF on a Google Drive associated with their UC Davis account, it would probably qualify for this exception.

Exception 5: Preexisting Social Media Posts

Social media posts shared on a University-associated account before April 2026 are not required to meet WCAG compliance. All social media posts shared after the deadline must be compliant. This exception does not exempt the University from reasonable requests for accommodation or communication.

For example, a picture posted to Instagram in 2024 by a UC Davis program is probably exempt from WCAG compliance. However, if a Dis/abled individual requests alt text or captions from the department, they are obligated to meet that request.

Frequently Asked Questions

What happens if our content is not compliant?

Dis/abled students, staff, faculty, and other campus community members rely on Accessibility guidelines to utilize University services. WCAG compliance is only one piece of the access puzzle, but it's an important one that ensures an individual's accommodation or assistive technology is able to work with our content. It is our ethical and academic mission to ensure we are reaching all learners in our community.

Legally speaking, noncompliance with Accessibility guidelines can carry some hefty consequences. Recent lawsuits in higher education have mandated the payment of plaintiff's legal fees, hiring of Accessibility-responsible positions, and restrictive compliance timeline agreements. To put it briefly: being sued for Acccessibility means you still have to make everything Accessible, but with less time and higher fees.

What about third party content like YouTube videos?

Embedding a video in your Canvas course or webpage is the same as creating and posting the video yourself, as far as Accessibility guidelines are concerned. If you are using a video on your shell or page, it is a good idea to check its Accessibility. If it has auto-generated captions, verify that they are accurate before posting. 

How can I make my website WCAG compliant?

Creating Accessible webpages, or remediating existing webpages can be a heavy lift, but you can get started by focusing on five key skills, as recommended by the UC Davis Student Affairs Brand Guide:

1. Color Contrast
   WCAG 2.1 AA dictates a color contrast ratio of 4.5:1 for normal sized text. Tools like Siteimprove's Color Contrast Checker can help identify sufficient color contrast.
2. Heading Structure
3. Alt Text
4. Captions and VoiceOver
5. Information through Words