Notice of DOJ’s Proposed Rulemaking on Accessibility Standards for State and Local Government Websites

Millions of Americans with disabilities face a digital divide. Despite our increasingly online world, government websites and apps many cannot access them. In this article, you will learn about accessibility standards for state and local government websites in light of the DOJ’s proposed rulemaking notice.

Recognizing the urgent need for change, the Department of Justice is introducing new rules to make online government services inclusive. These regulations aim to break down barriers that have long prevented people with disabilities from fully participating in civic life. By ensuring equal access to government information and services, these rules will significantly improve the lives of millions of Americans.

Maintaining web compliance can be complex.

It however is necessary for compliance and to create an inclusive digital environment. We at ADA Site Compliance can make web accessibility easier for you.

We ensure your websites and mobile apps meet all legal requirements efficiently, bridge the accessibility gap, and demonstrate your commitment to inclusivity.

What is a Notice of Proposed Rulemaking (NPRM)?

The Notice of Proposed Rulemaking (NPRM) is a roadmap for future regulations. It outlines the DOJ’s intention to update the Americans with Disabilities Act (ADA) by establishing clear guidelines to ensure state and local government websites and mobile applications are accessible to everyone.

Before finalizing these regulations, the DOJ seeks public input through this document, ensuring that the proposed changes are well-informed and comprehensive.

Who is Covered by the NPRM?

The proposed regulation will impact a wide range of state and local government entities, including:

• Government agencies providing public services and benefits
• Public universities, colleges, and schools
• Law enforcement agencies
• Courts
• Polling places
• Medical facilities
• Departments of parks and recreation
• Libraries
• Public transportation systems

In essence, any entity receiving public funding and offering services to the general public falls under the scope of this regulation.

What Are The Reasons for Creating the Proposal?

Inaccessible websites and mobile applications present significant barriers for individuals with disabilities. Consider the frustration and exclusion that occurs when someone cannot access critical government services, such as voter registration, unemployment benefits, or healthcare information, due to a poorly designed website.

This proposed regulation aims to eliminate such barriers by setting forth specific accessibility guidelines that all government agencies must follow.

By implementing these guidelines, we can create a more inclusive society where everyone has equal access to participate in civic life. This initiative not only supports the rights of individuals with disabilities but also strengthens our communities. It ensures all citizens can engage with and benefit from government services.

Government Websites Get an Accessibility Upgrade with the NPRM

The Notice of Proposed Rulemaking (NPRM) issued by the Department of Justice specifies essential criteria that state and local government websites and mobile applications must meet.

This proposal aims to enhance accessibility for individuals with disabilities by adopting specific technical standards and providing clear definitions and exemptions.

Accordingly, the NPRM suggests adopting WCAG 2.1 Level AA as the official accessibility standards for all digital material created by state and municipal governments.

This means websites and mobile applications must follow precise technological standards to ensure accessibility for users with disabilities. Unlike previous guidelines, this rule sets out explicit and quantifiable standards for accessibility.

Web Content in the Accessibility Spotlight

Web content refers to a wide array of digital material, such as text, photographs, videos, and documents available online. This includes any information or multimedia published on government websites.

The NPRM provides a clear definition to ensure a comprehensive understanding of web content, and its importance in providing accessible information to all users.

Examples of Web Content

• Textual Information: Articles, reports, and official documents.
• Multimedia: Images, videos, and audio files.
• Interactive Elements: Forms, surveys, and navigational tools.

Understanding Mobile App Compliance

Mobile apps are software programs specifically developed for smartphones and tablets, designed to provide government services or information. These apps must also adhere to the WCAG 2.1 Level AA standards to ensure they are accessible to individuals with disabilities.

Examples of Mobile Apps

• Service Delivery Apps: Applications for paying bills, scheduling appointments, or accessing public records.
• Informational Apps: Apps that provide news updates, alerts, or general information about government services.

Proposed Exemptions From the NRPM

The proposed regulation outlines specific criteria for categorizing content as exempt while imposing limitations and conditions. These constraints are designed to prevent misuse of the exemptions and ensure that essential information remains accessible.

1. Archived Content

Government websites often maintain archives of historical information for research, reference, or record-keeping purposes. Archived content includes historical items that do not need regular updates or maintenance.

For example, videos of past public meetings may be archived without subtitles or transcripts, provided that future videos comply with accessibility standards. It applies to old meeting minutes, past project reports, and historical documents.

While this content is exempt from the new accessibility standards, it’s crucial to note that individuals with disabilities must still be able to access this information upon request. This means providing archived content in an accessible format when needed.

2. Legacy Electronic Documents

Digitized older files created in standard file formats (Word, PDF, or Excel) before the compliance deadline are generally exempt from the new accessibility requirements. However, this exemption does not apply to documents actively used for public services, programs, or activities. These documents must be made accessible.

3. Third-Party Content

State and municipal government websites often include third-party content like public comments or social media feeds. Examples include embedded videos from external sites, user-generated content, and external links.

This type of content is exempted from accessibility requirements under the proposed regulation due to the limited control government entities have over its creation and the potential for rapid changes.

However, it is important to note that while the content itself may be excluded, state and local authorities must provide accessible alternatives or accommodations upon request, in line with current ADA standards. They must also provide warnings or alternatives where third-party content is inaccessible

4. Linked External Content

Government websites frequently include hyperlinks to external resources, such as businesses or other government agencies. The proposed regulation broadly exempts these linked websites from accessibility requirements, proving state and municipal governments have restricted control over their content.

Nonetheless, exceptions exist where the accessibility of linked content is crucial.

For example, if a government service, such as an online tax payment system, relies on linked content, the connected website must also be accessible. This ensures that individuals with disabilities can fully utilize the government’s services.

5. Password-Protected Content

The proposed regulation includes exclusions for password-protected content, such as online course materials or personal account information. This content is typically designed for specific users and may not be accessible to those with disabilities.

However, if a student with a disability is enrolled in a course or an individual with a disability needs access to password-protected information, accessibility must be ensured. The regulation sets a specific timeframe within which the information must be made accessible, based on the student’s enrollment date or the urgency of the content.

6. Personalized Documents

Like password-protected content, personalized documents such as tax or water bills may be exempt from accessibility requirements under certain conditions. These documents often require specific formats related to an individual, property, or account and must be password-protected.

Despite these exemptions, state and municipal governments must still provide accessible formats upon request, following ADA standards.

Grey Areas: Navigating the Exceptions in Accessibility Standards

The proposed regulation outlines specific exemptions to the accessibility requirements for online information and services state and local government organizations provide.

These exclusions aim to address particular challenges while offering clear guidance on the scope of compliance. While exceptions are allowed, reasonable attempts are made to ensure accessibility.

So even if certain content qualifies for exemptions, government agencies should still strive to update and provide accessible versions wherever feasible. Additionally, clear communication about the accessibility status of such content should be maintained.

Understanding the Proposed Exceptions

The proposed regulation introduces exemptions to the technical accessibility rules for specific web content categories. However, it’s crucial to understand that these exemptions do not absolve state and local governments from their overarching duty to provide accessible information and services.

Regardless of whether the content qualifies for an exemption, state and local entities are still required to:

• Facilitate Effective Communication: Ensure that individuals with disabilities can easily access and understand information and services.
• Implement Reasonable Modifications: Adapt policies, practices, and procedures to accommodate individuals with disabilities.

Ensuring Accessibility for Every User: A Comprehensive Approach

While these exceptions offer some relief, they do not negate the overarching responsibility to ensure that web content and services are accessible. Generally, state and local governments must adhere to accessibility guidelines to ensure equitable access for individuals with disabilities.

They should take these seven proactive steps to ensure comprehensive compliance with accessibility standards.

• Early planning and allocation of resources are crucial for successfully implementing accessibility measures. Entities should start by conducting comprehensive accessibility audits to identify any areas of non-compliance with accessibility standards that require updates or modifications.
• Based on the audit results, develop tailored strategies to address and rectify the identified issues. Key considerations include the severity and frequency of issues and the impact on users. Priority is given to problems that frequently pose significant barriers to users.
• Leveraging advanced technology tools can significantly aid in the accessibility process. Automated testing tools, screen readers, and other assistive technologies can help identify and fix accessibility issues more efficiently. Governments should leverage these tools to enhance their websites’ accessibility and ensure they meet the needs of all users.
• In addition to tools, manual testing complements and solves the identified issues. Extensive training for employees on the best practices ensures digital accessibility.
• Having clear processes for responding to accessibility requests from the public helps streamline web compliance.
• Engaging with the community, especially individuals with disabilities can provide valuable insights into the accessibility challenges they face. Governments should actively seek feedback and involve these individuals in developing and evaluating their online services. This collaborative approach can lead to more effective and inclusive solutions.
• Collaborations with various stakeholders, including IT departments, content creators, and legal advisors, can facilitate a more comprehensive approach to accessibility too. It ensures all aspects of accessibility are covered, from technical compliance to user experience.

Proposed Schedule for Meeting Regulatory Requirements

The Department of Justice (DOJ) has outlined a phased approach to implementing new accessibility standards for state and local government websites and mobile applications. This compliance schedule is tailored according to the size of the governmental entity.

a) Small Entities

Governmental entities with populations below 50,000 will have a three-year window to meet the new regulations after the final rule is officially released.

b) Larger Entities

Entities with populations exceeding 50,000 will be required to comply within a shorter timeframe of two years.

c) Special District Governments

Special district governments, such as utility districts, transportation authorities, or education districts, generally follow the compliance timeline of their parent government. Whether it’s a city, county, or state, independent school districts will have their compliance dates determined based on population estimates.

The DOJ defines “special district government” to clarify institutions that fall under this category. Examples include mosquito abatement districts, utility districts, and transportation authorities. School districts are typically not classified as special district governments for this purpose.

It is important to note that these schedules are proposed timelines, and the final regulation may adjust these deadlines.

Conclusion

While the proposed regulation introduces certain exceptions to accessibility requirements, the fundamental obligation to provide accessible web content and services remains.

By understanding these exceptions and taking additional proactive measures, state and local governments can better serve all members of their communities, ensuring equal access to information and services.

Ensuring and maintaining online accessibility is a complex but essential task to create an inclusive digital experience for all users. Accessibility is not a one-time project but an ongoing commitment.

ADA Site Compliance offers comprehensive support to organizations in navigating digital accessibility requirements. By partnering with ADA Site Compliance, organizations can streamline the accessibility process, reduce risks, and demonstrate a strong commitment to inclusivity and diversity.

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