A Guide to ADA Compliance in Higher Education

If you’re involved in web accessibility at a college or university, you know that the stakes for Americans with Disabilities Act (ADA) compliance are high. Approximately 20% of students in higher education live with some form of disability—and institutions are under mounting pressure to remove barriers that prevent students with disabilities from fully participating in digital services, programs, and activities.

Digital accessibility lawsuits targeting colleges and universities that neglect to comply with the ADA are on the rise. These lawsuits can be time-consuming and costly, and lead to lasting reputational damage for institutions.

So, what exactly are academic institutions’ ADA compliance obligations? And how can you equip your organization to address accessibility-related risks? In this article, we’ll explain how the ADA impacts higher education, and we’ll recommend strategies that the sector can follow to achieve compliance and meet the needs of all students, including those with disabilities.

How the Americans with Disabilities Act (ADA) impacts higher education

Title II of the ADA plays a pivotal role in shaping how state and local government services, including public colleges and universities, meet the needs of people with disabilities.  

In 2024, the Department of Justice (DOJ) issued a new rule under Title II of the ADA, which outlines clear requirements for ensuring web content and mobile applications are accessible to individuals with disabilities. Public organizations have until April 2026 or April 2027 to comply with this rule, depending on the size of the population they serve. 

Private colleges and universities are subject to Title III of the ADA, which applies to “places of public accommodations,” such as businesses open to the public. Courts have consistently upheld that web accessibility barriers constitute violations of Title III requirements.  

Both public institutions covered under Title II, and private educational entities covered under Title III, risk legal action if they fail to meet ADA requirements.

WCAG: A framework for web accessibility in education

To effectively navigate their legal obligations, institutions should understand and implement the technical standards set forth by the Web Content Accessibility Guidelines (WCAG).  

WCAG is the internationally recognized benchmark for digital accessibility and the foundation of ADA compliance in higher education. The DOJ’s 2024 Title II rulemaking explicitly requires that public colleges and universities conform to WCAG 2.1 AA. This standard is also frequently referenced in Title III litigation involving private institutions. To learn more about WCAG, download our Must-Have WCAG Checklist.

How is ADA compliance in higher education enforced? 

With regard to digital accessibility, both Title II and Title III of the ADA are primarily enforced through private litigation. Overall, private enforcement of Title III has been on the rise, with approximately 14,000 web accessibility lawsuits filed between 2017 and 2022—more than 3,000 of those in 2022 alone. Higher education organizations are a common target for Title III lawsuits: In recent years, several reputable private research universities have been involved in high-profile legal action related to digital accessibility.

Meanwhile, public colleges and universities that violate Title II have faced a wave of legal action from individuals and organizations. For example, the Michigan Alliance for Special Education filed more than 2,400 web accessibility complaints against schools and districts under Title II, resulting in over 1,000 resolution agreements with the Office of Civil Rights. Title II web accessibility claims are only likely to increase after the deadline for compliance with the DOJ’s 2024 rule.

Many digital accessibility lawsuits involving colleges and universities focus on institutions’ websites, with common barriers including missing alternative text for images, lack of video captions, and lack of support for keyboard navigation. Several institutions have also received lawsuits citing accessibility barriers in their mobile applications.

In addition to private enforcement actions, regulatory authorities like the DOJ can hold organizations accountable for ADA compliance through established methods, such as initiating lawsuits in federal court, undertaking administrative actions, and negotiating settlement agreements with public higher education institutions. 

What digital content is covered by the ADA?  

The DOJ’s Title II rulemaking not only applies to the main websites and mobile apps of state, local, and district government entities, but also covers other websites (like a university’s arts and athletics sites), digital documents such as PDFs, live and pre-recorded videos, social media posts, and even third-party web content.

While Title III does not outline specific requirements for online content, digital accessibility litigation against private colleges and universities typically focuses on inaccessible websites and mobile apps.

Regardless of whether an institution is covered by Title II or Title III of the ADA, prioritizing accessibility across all digital content and resources is considered best practice. 

Five steps to achieving ADA compliance for colleges and universities

While navigating ADA compliance may seem overwhelming at first, it is entirely attainable with a strategic approach. In the following section, we’ve provided five steps to kickstart your institution’s digital accessibility journey: 

1. Assemble a working group to establish accessibility processes.

To build a solid foundation for digital accessibility, form a cross-functional team that will set core processes for how accessibility will be managed across your institution. This group may include members from your ADA or disability office, information technology (IT) department, and procurement office, as well as teams responsible for internal education. Ideally, it should include stakeholders with disabilities. Work together to create accessibility policies and establish accountability measures, such as assigning specific roles and responsibilities for your digital accessibility practice. 

2. Inventory your digital assets and identify critical accessibility gaps.

To better understand your institution’s current state of accessibility, take an inventory of your digital assets to determine accessibility gaps. Your most critical gaps will likely occur in high-traffic assets, such as your primary website, your athletics site, or your admissions site. If these experiences contain barriers like missing alternative text, lack of keyboard functionality, or poor screen reader compatibility, they may be inaccessible to users with disabilities.  

3. Develop a plan to address accessibility gaps.

After identifying your institution’s accessibility gaps, it’s time to build an action plan to address them. As part of your plan, equip developers and content creators with tools that they can use to detect and fix accessibility issues, and obtain training resources. At this stage, it’s also critical to outline a process for vetting third-party vendors, such as learning management system (LMS) providers, to ensure their products meet compliance standards.

4. Implement your accessibility plan.

Now, it’s time to put your accessibility plan into action. Implement the tools and resources you’ve secured to remediate issues, along with training programs for faculty and staff, and track your progress. Ensure that accessibility requirements you’ve incorporated into your institutions’ procurement policies are being enforced.  

5. Sustain your institution’s accessibility.

To sustain digital accessibility and compliance over time, continuously gather feedback from students, faculty, and staff with disabilities, and refine and improve your initiatives based on their input. It’s also a best practice to regularly review your accessibility policies and processes across departments and functions, with the goal of maintaining alignment and ensuring consistent enforcement. 

Start your journey to ADA compliance in higher education 

Level Access brings decades of experience helping organizations across industries, including higher education, achieve compliance with the ADA and other digital accessibility laws.

Our comprehensive suite of solutions includes both a powerful automated testing suite and manual evaluations conducted by experts and individuals with disabilities. Our approach to testing is designed to deliver actionable feedback, driving measurable progress.

Additionally, we provide training programs to empower your team, document remediation services to ensure compliance across your content, and expert support from subject matter specialists to guide you every step of the way.

To get started, contact our team today.  

FAQ

What does digital accessibility for students mean in higher education? 

Accessibility for students means creating inclusive digital environments where all learners can access educational content and fully participate in the learning experience.  

Is web accessibility part of DEI in higher education? 

Web accessibility is both a compliance initiative and a vital component of a college or university’s diversity, equity, and inclusion (DEI) efforts, ensuring equal access to digital resources for all students, including those with disabilities. 

How can colleges and universities overcome digital barriers to access higher education? 

Higher education institutions can overcome digital barriers by implementing accessibility guidelines, conducting regular user testing, and creating a culture of inclusivity through training and ongoing improvement.