In April 2024, the Department of Justice released a New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments. To ensure compliance with the new regulations, Hartnell College is actively working to provide faculty and staff with resources for creating accessible content.
Included in the Rule
The new rule sets April 2026 as the compliance deadline for public agencies. It formalizes Web Content Accessibility Guidelines (WCAG) 2.1 AA as the required standard for public entities and offers specific guidance on implementing existing accessibility rules for web content and mobile applications. The regulation also includes provisions on when exceptions to the standards may be permissible.
This rule sets a specific technical standard that state and local governments must follow to meet their existing obligations under Title II of the ADA for web and mobile app accessibility.
WCAG, the Web Content Accessibility Guidelines, is a set of guidelines that say what is needed for web accessibility, such as requirements for captions for videos. WCAG is developed by the World Wide Web Consortium (ada.gov).
The rule applies to web content that a state or local government provides or makes available. This includes when a state or local government has an arrangement with someone else who provides or makes available web content for them.
“Web content” is defined as the information and experiences available on the web, like text, images, sound, videos, and documents.
The rule applies to mobile apps that a state or local government provides or makes available. This includes when a state or local government has an arrangement with someone else who provides or makes available a mobile app for them.
Mobile apps are software applications that are downloaded and designed to run on mobile devices like smartphones and tablets.
Exceptions
Some content that is no longer used for anything other than research and record-keeping purposes, may not need to become WCAG compliant. To qualify, this content must not be currently used to request or access services, and must be identified clearly as "Archived" content. This can include older media, like audio or video records pulled from physical media; however if these files are updated or edited for any reason, they no longer qualify for the exception.
For example, if you have an email newsletter with past messages documented on your website, you may be able to place these past emails in an "Archived" section that indicates they are no longer current or relevant messaging. Newsletters from April 2026 forward will still need to be compliant, and past messages may need to be remediated upon request.
Preexisting conventional electronic documents refers to old digital documents that refer to dated content. These are documents like word processor documents or PDFs advertising events that have passed, and are no longer relevant.
For example, if your department made a flyer advertising information sessions in 2023 that is still hosted on the website, this document may be eligible for the exception. However if you update that same flyer for information sessions in 2026, the updated version must be compliant.
While content made by third parties that the University contracts with is subject to WCAG compliance (think websites or apps designed by external vendors), we are not responsible for content posted by third parties we have not contracted with. In most cases these take the form of comments on news articles, blog posts, social media content.
For example, if a student housing community has a digital message board, the University is responsible for ensuring the platform is accessible for students to post and comment on, but probably not responsible for the accessibility of any posts or comments the students leave.
This exception applies only to word processing, presentation, or spreadsheet files that are password-protected or otherwise secured, and are about a specific person, property, or account. It does not apply to password-protected documents that are for general use, or in any other file type.
For example, if a student requests a copy of their transcripts, and stores the PDF on a Google Drive associated with their UC Davis account, it would probably qualify for this exception.
Social media posts shared on a University-associated account before April 2026 are not required to meet WCAG compliance. All social media posts shared after the deadline must be compliant. This exception does not exempt the University from reasonable requests for accommodation or communication.
For example, a picture posted to Instagram in 2024 by a UC Davis program is probably exempt from WCAG compliance. However, if a Dis/abled individual requests alt text or captions from the department, they are obligated to meet that request.