School Law Advisor Blog

Website Accessibility

School Districts have increasingly relied on their websites and third-party online platforms to provide instruction, services, programs, and activities to students and members of the public. While website use has increased, much of it is often inaccessible to individuals with disabilities. The U.S. Department of Education Office for Civil Rights and the U.S. Department of Justice have used their enforcement authority pursuant to Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) to investigate and address inaccessible online services, programs, and activities provided by school districts.

On April 24, 2024, the Federal Register published the Department of Justice’s final rule updating its regulations for Title II of the ADA. The final rule has specific requirements about how to ensure that web content and mobile applications (apps) are accessible to people with disabilities. The final rule states that web content and mobile apps – including password-protected content that is available to students and staff – must comply with Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. This rule does not prohibit a school district from using designs, methods, or techniques as alternatives to WCAG 2.1, Level AA if the school district can prove the alternatives provide the same or more accessibility and usability.