A big civil rights deadline that impacts schools and vendors will hit this month.
Federal law has required accessibility for people with disabilities for decades, says Glenda Sims, chief information accessibility officer at Deque Systems, a company that specializes in digital accessibility.
But two years ago, the federal government finally gave schools a way to measure whether their websites, mobile apps and digital content were accessible under law when it released a “final rule.”
In essence, the final rule updated 2024 Title II of the Americans with Disabilities Act, a federal law concerning equal opportunity, setting out standards for public institutions around website and mobile app accessibility. When the deadline was put in place, disability experts told EdSurge that the rules provided clarity for schools and edtech vendors, and also set a ticking clock for when they would have to make changes. The rule set varying deadlines for school districts and state and local governments — in April 2026 or April 2027, based on population size.
On April 24, the first deadline will hit. By then, institutions have to make their web content and mobile apps comply with Level AA of the Web Content Accessibility Guidelines (WCAG) 2.1, a widely recognized accessibility standard that includes accommodations such as a minimum contrast ratio and a requirement for audio descriptions.
But with the well-advertised deadline just days away, schools are well behind schedule.
Some advocates worry that digital accessibility is being swept up in broader political trends. So, what happens when the deadline hits?
Not Ready for Prime Time
Only 14 percent of districts had completed the accessibility updates required by law, according to a survey from the National School Public Relations Association released last December. The survey also found fewer than half of districts prioritized digital accessibility or had procedures for vetting vendor accessibility, which is required by the rule.
It’s not just about course content, but also the apps that a school may use, says Sambhavi Chandrashekar, global accessibility lead at D2L, a company that runs a widely used learning management system. “I doubt if a single K-12 district in the U.S. or anywhere else has an inventory today of all the web apps and forms and content that they have that are not accessible,” Chandrashekar says.
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Figuring that out requires performing an audit, which most schools likely haven’t done and which can be expensive, she adds.
At EdSurge’s request, AAAtraq, a company that sells disability-related legal compliance services, surveyed around 20 of the largest schools across a number of states — in California, Colorado, Florida, Illinois, New York, Texas and Washington state. Many school websites and online PDFs failed along “basic accessibility fundamentals,” based on a benchmark the company uses to assess legal exposure. Alt text was missing, there was not enough color contrast and many websites didn’t have an accessibility statement, the company reports. The company found that 88 percent received an “F,” the lowest possible grade.
The company uses AI in its assessments, which do not cover all of the WCAG technical guidelines, and its assessment was meant only as rough barometer. In some cases, the use of AI in accessibility is controversial.
“Title II should have been a wake up call,” said AAAtraq CEO Lawrence Shaw in an emailed comment, referring to the major disability law behind the “final rule.” Yet many schools, including some of the largest in the country, have left themselves open to legal action.
Digital Exhaustion
Schools’ relationship to technology has also changed since two years ago, from rushing to embrace it to trying to limit it.
These days, beset by digital exhaustion and regret over the reach of tech into children’s lives, schools have sought to restrict screens in schools.
But it’s important for schools and lawmakers to distinguish between meaningful tech and doomscrolling on social media, says Luis Pérez, senior director of disability and accessibility for CAST, a digital access advocacy group. Students are under more pressure to manage their own attention, Pérez says, but those with disabilities and multilingual learners rely on certain digital tools, such as text-to-speech and adjustable text sizing to navigate daily learning. When used correctly, digital tools that expand accessibility can foster a sense of belonging, especially for underrepresented groups.
He worries that screen time laws that lump all screens together could make digital accessibility harder.
K-12 schools may be having the toughest time. Universities are usually more prepared for digital accessibility than state or local governments, which run K-12 public schools, says Sims of Deque. That’s partly because students with disabilities represent a more identifiable group in universities and that allows them to advocate for accommodation, she says.
These schools are heavily reliant on vendors for accessibility, Sims says.
It doesn’t help that there’s uncertainty at the moment.
Old Rules, New Rulers
While the accessibility deadline is still in place, the intentions of the federal government have become murky.
Last year, the Department of Justice signaled that it might issue a new “interim final rule” that would impact the deadline. And recently, the Office of Information and Regulatory Affairs — a federal agency that is usually not involved with accessibility — has been holding meetings on the rule, as “credible rumors” have circulated that the rule is in danger of getting delayed or scrapped.
Yet, the federal government has not publicly released information about its intentions, according to Jarret Cummings, senior adviser for policy and public relations at Educause.
The Office of Information and Regulatory Affairs did not immediately respond to a question from EdSurge about whether a delay is expected.
However, some documents related to the meetings are publicly accessible, giving a glimpse into what they are hearing.
A group representing more than 800 Minnesota cities argued in written testimony that none of the Minnesota cities that would be impacted by the rule are fully compliant with the law. The letter states that the cost of compliance would squeeze small government budgets. In a similar argument, testimony from the National Association of Counties estimated that it would cost small counties about $32,000 to fix problems with accessibility on their sites, and large counties as much as $700,000.
Cummings’ organization, Educause, has also argued that two years was not enough time for most higher-ed institutions to make changes. It suggested that the government alter the timeline.
In contrast, Mark Riccobono, president of the National Federation of the Blind, testified that the rulemaking process has been ongoing for decades, with ample time for comment. The bill represents a compromise that clarifies rules, while reducing the burden of those under the law by providing exceptions and generous timelines, Riccobono argued.
Politically, the national mood has changed since the rule was issued a couple of years ago.
The affiliation of accessibility with diversity, equity and inclusion has politically backfired under the Trump administration. The administration has shredded grants it has identified with “radical” DEI ideology, and mass firings have gutted agencies like the Education Department, which the administration is actively trying to dismantle.
For students with disabilities, it means that there’s no guarantee of federal support, even when a federal complaint is filed.
“I would say that so many of the places that were reasonably staffed… have been reduced to almost bare bones, nothing. And so even if there are complaints coming in, there’s no way to truly handle them,” says Sims, of Deque.
Indeed, mass firings have led to 90 percent of all student civil rights complaints, including from students with disabilities, being dismissed by the federal government in the second half of last year, according to a nonpartisan government watchdog report published in January.
In the absence of federal help, people with disabilities have turned to the courts. There were more than 3,000 accessibility lawsuits filed in federal court last year, according to legal analysis of court data.
Long-term Goals
Pérez of CAST maintains that advocates should keep on track, focusing on long-term strategy, no matter what happens at the federal level. Accessibility benefits everyone, regardless of their background or disability status, he says.
Sims, of Deque, has also made a “business case” for considering accessibility during the design of products, suggesting that as schools embrace accessibility, the vendors that can show they build accessibility into their products will be rewarded.
Some hope that artificial intelligence tools will help students with disabilities access information on their own, and point toward tools like Aira, an AI tool that aids in remote video interpretation for people with visual impairment.
But even there, disability law experts insist that the federal rule hasn’t actually changed. “The rule is the rule until it isn’t,” wrote Lainey Feingold in early March.
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