The U.S. Department of Justice has provided a crucial reprieve for public colleges and universities facing tight deadlines for digital accessibility compliance. On April 20, 2026, the DOJ published an Interim Final Rule extending the requirements under Title II of the Americans with Disabilities Act for web content and mobile applications. This move grants larger public institutions—those serving populations of 50,000 or more—until April 26, 2027, to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, up from the original April 24, 2026, date. Smaller entities now have until April 26, 2028. For higher education, this extension acknowledges the immense challenges of overhauling vast digital ecosystems, including course portals, student services websites, and learning management systems, to ensure equitable access for students, faculty, and staff with disabilities.
Approximately 15% of the U.S. population lives with a disability, and in higher education, students with disabilities represent a growing demographic seeking equal participation in online learning and campus services. Non-compliant websites can exclude these individuals from essential resources like admissions forms, financial aid applications, syllabi, and lecture materials, perpetuating barriers that the ADA was designed to dismantle. The extension offers breathing room but underscores the urgency: colleges must accelerate efforts to avoid future litigation and foster truly inclusive campuses.
Decoding the DOJ's Interim Final Rule
The rule revises regulations under 28 CFR part 35, mandating that state and local governments—including public colleges and universities—make web content and mobile apps accessible. Public higher education falls squarely under Title II as governmental entities providing public services, programs, and activities. The technical standard is WCAG 2.1 Level AA, developed by the World Wide Web Consortium (W3C), which outlines success criteria across four principles: perceivable, operable, understandable, and robust.
Key extensions include:
- Large public entities (population ≥50,000): New deadline April 26, 2027.
- Smaller entities and special districts: New deadline April 26, 2028.
The Evolution of ADA Title II Web Accessibility Requirements
Title II of the ADA, enacted in 1990, prohibits discrimination against people with disabilities by state and local governments. While physical accessibility has long been enforced, digital aspects lagged until recent years. The DOJ's rulemaking journey began with advance notices in 2010 and 2016, a proposed rule in 2023, and the final rule on April 24, 2024. This established WCAG 2.1 AA as the benchmark, responding to complaints about inaccessible government websites excluding disabled users from services.
Prior to this, enforcement relied on case-by-case litigation under the effective communication doctrine. Landmark cases, like the National Federation of the Blind v. Target (2006), extended ADA to websites, but lacked specific standards. The 2024 rule fills this gap, covering all web content and apps provided directly or via third parties, except limited exceptions like archived content or preexisting conventional documents not used for services.
Reasons Behind the One-Year Extension
The DOJ acknowledged underestimating compliance burdens. Higher education associations, including the American Council on Education, highlighted massive resource demands for auditing millions of pages, remediating legacy PDFs, captioning videos, and vetting vendors. A 2025 survey by the National School Public Relations Association revealed only 14% of districts near completion, a trend mirrored in colleges.
Rushed compliance risked errors, perpetuating issues or sparking lawsuits. The extension promotes 'greater predictability,' allowing strategic planning over panic. Disability advocates, however, argue it delays justice, with the American Association of People with Disabilities calling it a reward for inaction since accessibility obligations existed pre-rule.
Breaking Down WCAG 2.1 Level AA: Key Requirements for Colleges
WCAG 2.1 Level AA comprises 38 success criteria beyond Level A. For higher ed:
- Perceivable: Alt text for images (e.g., campus maps), captions/transcripts for videos (lectures), resizable text without loss.
- Operable: Keyboard navigation (no mouse-only), no flashing content harming epilepsy.
- Understandable: Readable language, predictable navigation (e.g., consistent menus in LMS).
- Robust: Compatible with assistive tech like screen readers (JAWS, NVDA).
The Stark Reality: Audit Results from US Colleges
Audits paint a grim picture. Only 3% of top US university homepages fully comply; public universities average 36.1 color contrast errors per scan. WebAIM's Million report notes average 50+ errors per page across sites, with higher ed no exception—97% lack full compliance. Common failures: missing alt text (98% images), low contrast (70%), unlabeled forms (admissions pages).
Community colleges face steeper hurdles with decentralized sites. A 2025 study found legacy content—10-year-old PDFs—as the biggest barrier, often unsearchable via screen readers.
Photo by Vitaly Gariev on Unsplash
Escalating Litigation: A Wake-Up Call for Campuses
ADA web lawsuits surged to 5,114 in 2025, up 13% YoY, with higher ed increasingly targeted. Plaintiffs allege barriers to enrollment info, disability services. Settlements have forced audits, hires; costs exceed $100k per case. Though Title II suits rarer than Title III (private), post-rule enforcement looms. Extension may curb suits by prioritizing compliance.
Read the full Federal Register extension notice for official rationale.
Overcoming Key Challenges in Higher Ed Compliance
Colleges grapple with:
- Volume: Millions of pages, thousands of videos.
- Third-parties: LMS (Blackboard, Moodle), vendors must certify WCAG.
- Costs: $20,000-$60,000 per course remediation; audits $5k-$15k; DOJ estimates billions sector-wide.
- Staffing: Need accessibility coordinators, training for faculty.
Proven Steps for Colleges to Achieve Compliance
- Audit: Automated (WAVE, axe) + manual testing; prioritize high-impact pages (admissions, advising).
- Remediate: Fix quick wins (alt text, headings); outsource complex (video captioning).
- Policy: Accessibility policy, VPATs from vendors.
- Train: Faculty on inclusive design; tools like Adobe Acrobat for PDFs.
- Monitor: Ongoing scans, user testing with disabled students.
Experts like Jamie Axelrod urge momentum: "The rule’s not going away."
Case Studies: Institutions Navigating the Path
Northern Arizona University integrated accessibility into its disability resources, auditing LMS content proactively. Post-settlement, several HBCUs hired specialists, reducing errors 40%. UC system faced suits over inaccessible e-texts, leading to statewide remediation contracts. These examples show proactive steps yield equity gains, better SEO, and retention (disabled students 2x dropout risk if barriers persist).
Stakeholder Voices: Relief, Criticism, and Calls to Action
Higher ed groups like AHEAD express disappointment over delayed inclusivity but welcome planning time. Software alliances hail relief for sustainable fixes. Disability coalitions decry prolongation of exclusion. For deeper analysis, see Inside Higher Ed coverage.
"Do not stop efforts," advises Axelrod.
Looking Ahead: Post-2027 Landscape and Best Practices
By 2027, WCAG 2.2 may influence updates; private colleges eye Title III rulemaking. HHS deadlines persist. Success metrics: VPAT conformity, user feedback. Benefits extend to all: mobile-first design boosts engagement 20%. Colleges embedding accessibility in culture—via centers of excellence—position as inclusive leaders, aiding recruitment amid enrollment pressures.
Photo by Zanyar Ibrahim on Unsplash
Empowering Your Campus: Actionable Next Steps
Form cross-functional teams (IT, faculty, disability services). Budget: allocate 1-2% IT spend. Tools: Ally, accessiBe (with caution—overlays insufficient alone). Track via dashboards. Ultimately, compliance evolves equity, ensuring every student navigates digitally without barriers.
