In 2024, the Federal government published a new rules updating ADA Title II as well as Section 504 of the Rehabilitation Act of 1973 with significant new requirements for web, mobile, and kiosk accessibility that took effect July 8, 2024.
What's in the rules?
The new rules establishes an implementation date of April 24, 2027 for public agencies to be compliant. Both rules provide specific guidelines for Accessibility compliance 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.
WCAG 2.1 AA
This rule sets a specific technical standard that state and local governments must follow to meet their existing obligations under Title II of the ADA for web and mobile app accessibility.
WCAG, the Web Content Accessibility Guidelines, is a set of guidelines that say what is needed for web accessibility, such as requirements for captions for videos. WCAG is developed by the World Wide Web Consortium (ada.gov).
Web Content
The rule applies to web content that a state or local government provides or makes available. This includes when a state or local government has an arrangement with someone else who provides or makes available web content for them.
“Web content” is defined as the information and experiences available on the web, like text, images, sound, videos, and documents.
Mobile Apps
The rule applies to mobile apps that a state or local government provides or makes available. This includes when a state or local government has an arrangement with someone else who provides or makes available a mobile app for them.
Mobile apps are software applications that are downloaded and designed to run on mobile devices like smartphones and tablets.
Kiosks
Agencies that use kiosks must ensure that qualified individuals with disabilities are not excluded from participation in or denied the benefits of any program or activity provided through kiosks.
Recipients can do so by ensuring that the kiosks are accessible to people with disabilities or by implementing procedures that allow people with disabilities to access their programs without using a kiosk.
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.
More Information
For more information about Section 504 or how UC Davis is handling compliance with this rapidly approaching deadline, you can return to the Digital Accessibility homepage, which will continue to be updated with news and resources, or contact Brad Starkey-Owens, the Digital Accessibility Program Manager.