Global Digital Accessibility
Digital accessibility requirements go beyond Texas universities and beyond Texas laws and regulations. Access is a civil right across several countries around the world. Accessibility of information and communication technology (ICT) may even be stricter in countries outside the United States. Some states already have stricter regulations than Texas.
This page pulls out notable instances of digital accessibility laws being enforced across the globe. Additional laws and regulations are listed at the bottom of the page.
Technical Accessibility Standards
The Web Content Accessibility Guidelines (WCAG) is a common rubric used as the technical accessibility standards for most information and communication technology (ICT) across the globe. Several accessibility standards along with WCAG were created through working groups in the W3C Web Accessibility Initiative (WAI).
Additional requirements are noted by specific countries.
United States (Federal)
Purpose
Title II of the ADA provides that no qualified person with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a State or local government entity. Public entities covered are required to use, develop, procure, and maintain accessible IT.
The Department of Justice (US DOJ) made amendments to Title II of the ADA that went into effect June 24, 2024.
Impact
Non-compliance could result in removal of inaccessible IT. Costs include damages for a complainant. If an investigation shows additional people with disabilities were discriminated against, the damages can increase exponentially. This can be in the form of back pay, job promotions where opportunities were lost, tuition refunds, and more.
Deadline
Any inaccessible IT must be remediated or removed from public entity services by April 24, 2026.
Coverage
This new rule covers State and local governments, which includes public universities, in providing digital accessibility.
Scope of ICT
- Web content and mobile applications, with some narrowly defined exceptions
- ADA Title II does not override any other federal or State laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope*
* Since 1991, ADA has required public entities to:
- ensure equal access
- ensure effective communication
- make reasonable modifications to avoid discrimination on the basis of disability
Public entities must provide a route for people with disabilities to report issues, provide feedback, and request accommodations (e.g., email, web form, website). Then review the requests, provide transparent status updates, and provide accommodations promptly.
Technical Accessibility Standards
WCAG 2.1 Level A and Level AA
Sources
Office of Public Affairs, US DOJ
Purpose
Section 504 of the Rehabilitation Act of 1973 protects the rights of people with disabilities in programs and activities that receive federal financial assistance. Section 504 protects the rights not only of people with visible disabilities but also those with disabilities that may not be apparent.
The Office for Civil Rights (OCR) through the Department of Health and Human Services (HHS) made amendments to Section 504 that went into effect July 8, 2024.
Impact
Non-compliance could result in removal of inaccessible IT. Costs include damages for a complainant(s) as described for violations of the ADA. The federal agency providing funding can halt funds to the entity. For universities, this can affect financial aid and research grants.
Deadline
Any inaccessible IT must be remediated or removed from entity services by May 11, 2026.
Coverage
This new rule covers any entity federally funded by HHS, which can include public universities and health centers, in providing digital accessibility.
Scope of ICT
- Web content, mobile applications, and kiosks, with some narrowly defined exceptions
- Section 504 does not override any other federal or State laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope
Section 504 aligns with ADA except for the inclusion of kiosks and the exclusion of any entity not funded by HHS. Like ADA, Section 504 has always provided protections for people with disabilities. The Department of Education's OCR investigates and audits educational institutions under the original ruling, until they provide their own amendments. They also assist with ADA investigations and audits.
Technical Accessibility Standards
WCAG 2.1 Level A and Level AA
Sources
- Section 504 § 104.4 Discrimination prohibited
- Section 504 § 104.6 Remedial action, voluntary action, and self-evaluation
- Section 504 § 104.7 Designation of responsible employee and adoption of grievance procedures
- Section 504 § 104.8 Notice
- Section 504 § 104.10 Effect of state or local law or other requirements and effect of employment opportunities
- Section 504 Subpart B—Employment Practices
- Section 504 § 104.21 Discrimination prohibited
Purpose
Section 508 of the Rehabilitation Act of 1973 requires federal agencies to procure, develop, maintain, and use ICT that is accessible to people with disabilities.
Impact
Non-compliance could result in removal of inaccessible IT or removal of federal financial aid. Costs can include fines up to $55,000 and $110,000 for subsequent non-compliance.
Deadline
Any inaccessible IT must be remediated or removed from entity services by January 18, 2018.
Coverage
The rule covers all federal agencies as well as state or local governments who adopt all or portions of Section 508 within state regulations. Some reference Section 508 specifically for technical accessibility standards only.
Scope of ICT
- Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to:
- computers and peripheral equipment
- information kiosks and transaction machines
- telecommunications equipment
- customer premises equipment
- multifunction office machines
- software
- applications
- Web sites
- videos
- electronic documents
- Some exceptions defined by the US Access Board (e.g., national security systems, ICT functions located in maintenance or monitoring spaces)
- Section 508 does not override any other federal or State laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope
Technical Accessibility Standards
- WCAG 2.0 Level A and Level AA
- Section 508 referenced standards in
- Chapter 3: Functional Performance Criteria
- Chapter 4: Hardware
- Chapter 5: Software
- Chapter 6: Support Documentation and Services
Sources
United States (State and Local)
Purpose
Colorado's HB21-1110 makes it a state civil rights violation for a government agency to exclude people with disabilities from receiving services or benefits because of lack of accessibility.
Impact
Any Colorado government entity that doesn't meet Colorado Office of Information Technology's (OIT) web accessibility standards could be subject to injunctive relief, meaning a court order to fix the problem; actual monetary damages; or a fine of $3,500 payable to the plaintiff, who must be someone from the disability community.
Deadline
All Colorado state agencies and local governments must be compliant with Colorado state standards by July 1, 2024.
Coverage
Colorado's HB21-1110 covers platform providers and content owners, including Colorado state agencies and local governments, such as state institutions of higher education.
Scope of ICT
It relates to all technology, hardware, and software, that is both public-facing and internal-facing. This includes any technology provided by or procured by a government entity that is used by the public or used by a government entity employee. This technology includes but is not limited to websites, applications, kiosks, digital signage, documents, video, audio, and third-party tools.
Technical Accessibility Standards
- Non-Hardware: WCAG 2.1 Level A and Level AA
- Hardware: OIT's Technical Standard (TS-OEA-001) and Chapter 4 of Information and Communication Technology, Revised 508 Standards and 255 Guidelines
Sources
Global
Purpose
The Accessible Canada Act is an act to ensure a barrier-free Canada on or before January 1, 2040. It addresses identifying, removing, and preventing barriers around employment, built environments, ICT, communication, procurement, and more.
Impact
Any regulated entity may face a fine of up to $250,000 depending on the severity of their non-compliance. (See Accessible Canada Regulations: Penalties)
Deadline
Regulated entities must consult with people with disabilities and have accessibility plans, feedback tools, and progress reports.
Coverage
The Government of Canada, including any public or private entity under federal regulations. This excludes businesses with nine (9) or fewer employees.
Scope of ICT
Information and communication technologies, including digital content and technologies used to access it.
Technical Accessibility Standards
CAN/ASC - EN 301 549:2024 – The “National Standard of Canada” adopted the European Union’s 2021 standards. WCAG 2.1 Level A and Level AA are referenced in this standard.
Sources
Purpose
The purpose of the AODA is to develop, implement, and enforce standards for accessibility related to goods, services, facilities, employment, accommodation, and buildings. It requires Ontarian government entities, businesses, and non-profits make a commitment to digital accessibility and provide regular progress reports, similar to the ACA.
Impact
Any regulated entity may face a fine of up to $100,000 every day or part of the day that an offense happens. (See Guide to the Accessibility for Ontarians with Disabilities Act: Offences)
Deadline
All covered entities must be compliant with AODA state standards by January 1, 2025.
Coverage
The AODA covers entities in Ontario, including the employment of and services provided to Ontarians. This means public, private, and not-for-profit organizations, including postsecondary education. (See Enacting AODA Postsecondary Education Standards)
Scope of ICT
- Web content
- Websites
- Web applications
- Educational and training resources and materials
- Self-service kiosks
Technical Accessibility Standards
WCAG 2.0 Level A and Level AA
Sources
Purpose
The European Accessibility Act improves the market in the European Union (EU) for accessible IT products and services. It provides businesses with common rules to reduce confusion and costs. It provides people with disabilities with improved access to transportation, education, and jobs.
Impact
Penalties depend on the EU member's specific legislation.
- Fines ranging from 20,000 euros to 5% of a company's annual global turnover
- Ireland’s S.I. No. 636/2023:
- (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or
- (b) on conviction on indictment to a fine not exceeding €60,000 or to imprisonment for a term not exceeding 18 months or to both.
- Removal of the inaccessible IT from the market
Deadline
Any inaccessible IT must be remediated or removed from the EU market starting June 28, 2025.
Coverage
Any company that does business with citizens of the EU.
Scope of ICT
- Computer devices, software, mobile applications, websites, and electronic documents mainly towards consumers, excluding online navigational maps and terminals installed as integrated parts of vehicles, aircrafts, ships, and rolling stock (See Chapter I, Article 2, Directive (EU) 2019/882)
- EAA does not override any other laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope
Technical Accessibility Standards
- EN 301 549 [PDF]*
- WCAG 2.1 Level A and Level AA
*EN 301 549 is being updated to support the EAA. That version is expected to come out in 2025. Note that WCAG 2.1 success criteria are referenced across the technical accessibility standards but standards are not limited to WCAG 2.1 success criteria. (Annex I, Directive (EU) 2019/882)
Sources
- Directive (EU) 2019/882 on the accessibility requirements for products and services
- National transposition measures communicated by the Member States concerning Directive (EU) 2019/882
- Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies
- Directive (EU) 2014/24 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance
- EN 301 549 V3 the harmonized European Standard for ICT Accessibility
Additional digital accessibility law sources
Digital accessibility reviews across institutions of higher education (IHEs)
These lists are not comprehensive. Many IHEs have website policies that focus on marketing to prospective students. Internal procedures are located on intranets.
This is a sampling of university procedures for IT accessibility review. They all request an Accessibility Conformance Report (ACR, or completed VPAT):
- Arizona State University Working with vendors and VPATs
- Arkansas State University Technology Accessibility
- California State University Channel Islands Voluntary Product Accessibility Template (VPAT) Frequently Asked Questions
- George Mason University Purchasing and Procurement
- Long Beach City College Accessibility Standards for Information and Communication Technology (ICT)
- Kent State University Procurement (Purchasing)
- North Carolina State University Procurement
- Portland Community College Evaluation of proposed accessible technology purchase
- Princeton University Information Technology Procurement Accessibility Guidelines
- San Francisco State University Common Questions on Accessible Procurement
- Sonoma State University IT Purchasing Requirements
- Stanislaus State The ATI Review process
- Texas A&M University Procuring IT Products and Services
- Texas State University Accessibility Procurement Resources
- The University of Chicago Procurement
- The University of Iowa Technology Review: Understanding VPAT and ACR
- The University of Texas System 3.4 Contracts for Software, Cloud-based Solutions and Websites
- University of Cincinnati What is a VPAT?
- University of Nevada, Las Vegas Procurement and Purchasing for Accessibility Conformance
- University of Oregon Verifying Vendor Information
- West Virginia University For Buyers
- California State University San Marcus (CSUSM): CSUSM Procurement 101 [PDF]
- Folksom Lake College - Los Rios Community College District (FLC-LosRios): FLC-LosRios ICT Procurement Guidelines
- Harvard University: Harvard Accessible Technology Procurement (see Accessibility Rider)
- Michigan Technological University (MTU): MTU Information and Communication Technology (ICT) Procurement Procedures
- Portland State University (PSU): PSU Special Contract Terms and Conditions: Accessibility [PDF]
- Princeton University: Princeton IT Procurement Accessibility Guidelines
- Salt Lake Community College (SLCC): SLCC Information Technology (IT) Accessibility Guidelines - Procuring Accessible Technology
- San Francisco State University (SFSU): SFSU Technology Acquisition Review
- South Puget Sound Community College (SPSCC): SPSCC Accessibility Technology Procurement Procedures
- Texas A&M University (TAMU): TAMU Procurement Tips
- The Ohio State University (OSU): OSU Purchasing Questions and Contract Language - Digital Accessibility Center
- The State University of New York (SUNY): SUNY Procurement Accessibility Conformance Standards: Implementation Guidance [PDF]
- The University of Arizona: Arizona - Procurement Language - Accessibility
- The University of Chicago (UChicago): UChicago Procurement - Center for Digital Accessibility
- The University of North Carolina at Chapel Hill (UNC): UNC Accessibility Standards for Procurement of Digital Content and Materials
- Temple University: Temple A guide to accessible purchasing
- Tufts University: Tufts Procurement Guidelines for Accessibility
- Union College: Non-Standard Union College Contracts [PDF]
- University of California San Francisco (UCSF): University of California Systemwide Legal Documents & Policies
- University of Illinois at Urbana-Champaign: Illinois Procurement - IT Accessibility
- University of Nebraska System: Nebraska Contracts Inclusive Technology
- University of Nevada - Reno (UNR): UNR ICT Procurement Process
- University of Oregon (UO): UO Standard Contract Terms
- University of Washington (UW): UW Accessibility Rider [PDF]
- University of Wisconsin-Madison (UW-Madison): UW-Madison Accessibility Language for IT RFPs and Purchasing Contracts
- Washington State University (WSU): Access at WSU - Contracts and Purchasing