DOJ Extends Web Accessibility Deadline

Citing heavy administrative burdens for institutions, the government is giving colleges, universities and other public entities another year to comply with new federal accessibility guidelines designed to reduce the hurdles students with disabilities face in accessing increasingly complex information on web pages and mobile apps.

The Department of Justice “overestimated the capabilities (whether staffing or technology) of covered entities to comply with the rule in the time frames provided,” the department wrote in an interim final rule published to the Federal Register Monday. “This [interim final rule] will lead to greater predictability and certainty as covered entities work towards accessibility of their websites” and “greater accessibility for individuals with disabilities.”

The extension comes just four days before the original April 24 deadline most institutions had for fulfilling the new requirements for Title II of the Americans With Disabilities Act of 1990, which requires state and local governments to make sure that their services, programs and activities are accessible to people with disabilities. In 2024, the federal government updated the law to require all publicly funded entities—including colleges and universities—to adhere to the Web Content Accessibility Guidelines developed by the World Wide Web Consortium.

Though there are some exceptions for “archived” content, compliance with these regulations means that every PDF file must be accessible to a screen reader, every video accompanied by captions and audio descriptions, every photograph coded with alternate text, and every sound clip paired with a transcript. All third-party platforms have to meet the guidelines, too.

When the rule was finalized in 2024, most organizations had until this Friday to comply, though single-function special government districts and state and local governments with fewer than 50,000 people were given until April 26, 2027. However, as the deadline loomed, many public entities, fearing they didn’t have the technical or personnel resources to update their content in time, urged the government to extend the deadline.

“Our institutions are preparing to comply with these reporting and implementation deadlines, many of which will entail significant commitments of resources and staff time,” the American Council on Education wrote in a letter to the Office of Management and Budget last May, requesting more time for colleges to comply with the updated ADA regulations.

In the interim rule published Monday, the DOJ said such concerns factored into its decision to extend the deadline. It also considered the implications of slapping noncompliant entities with lawsuits and hefty fines, which the law allows.

“Technology still needs time to advance and covered entities need time to muster resources,” the department wrote. “Moreover, the extra time will allow covered entities to focus more on compliance efforts rather than diverting time and attention towards the undue burden and fundamental alteration defenses, even prior to any litigation.”

The DOJ also asserted that the delay “might benefit persons with disabilities and disability advocacy organizations” because “it replaces the potential for wasted time and money in litigation with the opportunity for covered entities to achieve actual compliance with the rule.”

‘Unconscionable’ Delay

Disability advocates from the higher education sector rebuked the extension.

“At a time when the Department of Justice should be focused on providing technical assistance to help public entities achieve compliance, this delay undermines the key goal of providing access to critical information for people with disabilities,” the Coalition on Accessibility in Higher Education wrote in a statement. “It is unconscionable for the Department to choose administrative burden over the civil rights of people with disabilities.”

The Association on Higher Education and Disability, which long advocated for the provisions in the updated rule, also expressed its “deep disappointment” about the extension in a statement to Inside Higher Ed.

“The delay in advancing these regulatory updates prolongs uncertainty for institutions striving to align their policies and practices with evolving accessibility standards,” AHEAD wrote. “More importantly, [it] delays progress toward more inclusive educational environments.”

The organization urged the government to leave the technical standards of the rule intact, which includes a requirement that all course content meet the accessibility guidelines. While a 2023 Notice of Proposed Rulemaking contained exceptions for some course content, those exceptions were removed from the final 2024 rule in a move the DOJ acknowledged Monday “could lead to confusion” and “require additional time for covered entities to understand their compliance obligations.”

The DOJ added that extending the compliance dates “will afford public entities time to assess the substance of the 2024 final rule” and give them an opportunity to comment on it, even though they originally thought they would be excepted.

The interim final rule is open for public comment through June 22.

In the meantime, colleges and universities should keep working to comply with the rule before the new deadline next year, said Jamie Axelrod, director of disability resources at Northern Arizona University and past president of AHEAD.

“Do not stop the efforts you’ve been engaged in to improve the accessibility of course content, instructional material, web and mobile app interfaces,” he said. “Keep the momentum going … The rule’s not going away.”