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• Legislation & Compliance

Everything to Know About the Americans with Disabilities Act (ADA) and Video Compliance

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November 6, 2025

Free eBook: How the ADA Impacts Online Video Accessibility

The Americans with Disabilities Act (ADA) is the most far-reaching piece of accessibility legislation in the United States. However, because the ADA was first introduced in 1990, it did not specifically address digital or web accessibility…until now.

Fast forward to April 2024, 34 years after its introduction into U.S. law, the Justice Department (DOJ) announced that they would publish “a final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people with disabilities.”

So what does ADA video compliance entail?

In this blog, we’ll give you a high-level overview of the ADA, explore how Titles II and III of the ADA apply to web accessibility, learn what the DOJ’s new rule means, and share tips for making your videos accessible and ADA-compliant.

Key Takeaways

• ADA video compliance ensures equal access through captions, audio descriptions, and accessible players.
• The DOJ’s 2024 rule requires public institutions to meet WCAG 2.1 Level AA for all web and video content.
• Public universities must prepare now to meet 2026–2027 deadlines and maintain ongoing accessibility.

Overview of the Americans with Disabilities Act (ADA)

Enacted in 1990, this civil rights statute was created to limit discriminatory practices towards individuals with disabilities. This act and its amendments guarantee equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation.

Both public and private entities are affected by the ADA–it is the responsibility of these entities to provide equal access through accommodations to suit a disabled individual’s needs.

Disabilities covered under the ADA can be physical (e.g., muscular dystrophy, dwarfism, etc.), sensory (e.g., blindness, D/deafness, deaf-blindness), or cognitive (e.g., Down Syndrome).

In 2008, the Americans with Disabilities Amendment Act broadened the scope of how disability is legally defined: psychological, emotional, and physiological conditions are now included.

The Americans with Disabilities Act consists of five sections overseeing different aspects of life and an individual’s engagement with society:

• Title I: Employment
• Title II: Public Entities
• Title III: Public Accommodations
• Title IV: Telecommunications
• Title V: Miscellaneous Provisions

Free eBook

How the ADA Impacts Online Video Accessibility

This eBook is a comprehensive guide to ADA video accessibility, covering legal requirements, key accessibility components, and the consequences of noncompliance for digital content creators.

Download the eBook

ADA Compliance for Videos

The ADA considers captioning and audio description to be “auxiliary aids” in communication. “Auxiliary aids” are assistive technology, services, or devices for people with disabilities, allowing equal access to goods or services provided to the public.

Captions and audio description are examples of assistive technology that help make online and broadcasted videos accessible.

The recent new rule under Title II of the ADA lists web video captioning as a requirement for state and local government entities (including public schools and universities). Private entities are not yet affected, but the rule sets new precedence for web video accessibility and supports previous ADA lawsuit outcomes. 

Both Title II and Title III of the ADA have been interpreted to apply to web accessibility and video captioning in various ADA-based lawsuits over the past couple of decades. Let’s take a closer look at these Titles to discover how they’re used.

ADA Title II: State and Local Public Entities Must Be Accessible

Title II prohibits disability discrimination by all public entities at the federal, state, and local level. For example, public colleges and universities, schools, courts, police departments, and public libraries must comply with Title II. Compliance is required regardless of whether they receive federal funding.

Title II mandates that state and local governments:

• May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability.
• Must provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
• Must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.
• Must operate programs so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities.

Websites for public entities should also be fully accessible to users who are D/deaf, blind or have limited dexterity.

Under Title II, publicly available videos, whether for entertainment or informational use, must be made accessible to individuals with disabilities. That means including captions on videos both in person and online so that people who are D/deaf or hard of hearing can access public services.

Title II also applies to employment in public entities, meaning disabled employees must not be barred from performing responsibilities because of inaccessible processes or procedures. State and local entities need to caption videos for internal communication and training, as well as public-facing material.

ADA Compliance in Higher Education: Final Ruling

The U.S. Department of Justice’s (DOJ) final rule on Title II of the Americans with Disabilities Act (ADA) provides much-needed clarity for public universities, community colleges, and other state or local government entities regarding web content and mobile app accessibility.

The rule, finalized in April 2024 and effective June 24, 2024, establishes WCAG 2.1 Level AA as the official standard for accessible digital content, with compliance deadlines set for 2026 or 2027 depending on the population of the local government.

This rule requires higher education institutions to ensure that their websites, mobile apps, and all digital educational content meet specific accessibility standards. Key video requirements under WCAG 2.1 include:

• Pre-recorded video captions (1.2.2): All pre-recorded videos must include accurate, synchronized captions for deaf and hard-of-hearing viewers.
• Audio-only transcripts (1.2.3): Text alternatives must be provided for all audio-only content.
• Live captions (1.2.4): Live audio content in synchronized media must include captions.
• Audio descriptions (1.2.5): Pre-recorded videos must include audio description tracks that convey important visual information for blind or low-vision users.

Learn more about WCAG requirements by downloading our free eBook: A Practical Guide 
to WCAG Video Accessibility Requirements.

Title II Compliance Deadlines

Compliance deadlines vary by population size:

• April 24, 2026 for public entities in areas with populations of 50,000 or more
• April 26, 2027 for smaller entities with populations under 50,000

Institutions should reference the local population (not student body size) using 2020 U.S. Census data.

Limited exceptions exist for archived web content and preexisting social media posts, but password-protected content is not exempt and must also meet WCAG 2.1 AA standards within the compliance window.

To prepare, institutions should:

1. Familiarize themselves with WCAG 2.1 Level AA standards.
2. Audit existing web and mobile content for captions, audio descriptions, and accessibility of interactive elements.
3. Ensure that vendor-provided content also complies, as ADA obligations extend to content obtained through licensing, contracts, or other third-party arrangements.

Working with an experienced accessibility vendor like 3Play Media can simplify the process, helping your institution meet compliance efficiently while creating an inclusive digital learning environment for all students.

Free Resource

ADA Title II Compliance Checklist

This checklist is an actionable roadmap to help public colleges, universities, and other entities meet the April 2026 ADA Title II compliance deadline, with step-by-step guidance on audits, timelines, team building, and remediation planning.

Download the Checklist

ADA Title III: Places of Public Accommodation

Commercial entities – such as hotels, libraries, museums, train stations, airports, restaurants, movie theaters, retail stores, and hospitals – are covered by Title III of the ADA.

Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods and services at any place of public accommodation.

What is a Place of Public Accommodation?

The three criteria of a “place of public accommodation” are:

• It must be operated by a private entity
• Its operations must affect commerce
• It must fall within one of the following 12 categories

12 Categories of Public Accommodation

1. Places of lodging.
2. Establishments serving food or drink.
3. Places of exhibition or entertainment.
4. Places of public gathering.
5. Sales or rental establishments.
6. Service establishments.
7. Stations used for specified public transportation.
8. Places of public display or collection.
9. Places of recreation.
10. Places of education.
11. Social service center establishments.
12. Places of exercise or recreation.

For a more detailed list of the organizations that fall under ‘place of public accommodations,’ check the ADA’s definition section.

Does the ADA Title III Apply to Online Businesses?

Before the internet became so ubiquitous, it was assumed that the ADA applied only to physical structures. But because the law didn’t specifically state whether it applied to brick-and-mortar vs. digital “places,” it became open to interpretation.

A string of high-profile lawsuits against private companies for inaccessible websites, web services, or digital communications, has created a precedent that the ADA applies to the internet. 

This precedent has only strengthened over time, with UsableNet reporting an increase in web accessibility lawsuits against private organizations annually, and the DOJ’s recent rule mandating digital accessibility rules for Title II, which covers state and government entities.

Let’s take a look at a few important disability discrimination lawsuits to get a sense of how the ADA has historically been interpreted to apply to the web.

ADA Lawsuits on Web Accessibility

NFB v. Target and EEOC & NAD v. FedEx

The National Federation of the Blind (NFB) sued Target Corporation over its public retail website in 2006. The NFB claimed that blind people were unable to access much of the information on Target’s site and could not purchase anything independently.

The NFB and Target Corporation reached a settlement in 2008 and was one of the first major cases that helped define the relationship between the internet and the ADA.

FedEx was sued by the Equal Employment Opportunity Commission (EEOC) and the National Association of the Deaf (NAD) in 2014. The suit alleged failure to provide ASL interpreters, closed captioning for training videos, and modifications to equipment. In 2020, FedEx settled with the EEOC under a Consent Decree.

NAD v. Netflix

In 2010, Netflix was sued by the NAD for discriminating against D/deaf and hard-of-hearing viewers due to insufficient closed captions.

This marked the first interpretation of the ADA applying to online-only businesses. In 2012, Netflix settled by agreeing to caption all content retroactively and going forward. The settlement leaves room for debate on ADA application to online-only businesses.

Similar lawsuits were brought against streaming giants Hulu and Amazon a few years later.

NAD v. Harvard and MIT

In 2015, the NAD sued Harvard and MIT over concerns that the universities were not providing equal access to online programming for students with disabilities. The NAD cited violations of the ADA and the Rehabilitation Act.

Notably, these lawsuits were the first of their kind to address the accuracy and quality of the captions provided. 

In 2019, the NAD and Harvard came to an agreement through a Consent Decree that establishes captioning guidelines, citing 3Play Media’s high accuracy as an example. The NAD and MIT settled in 2020 under a similar agreement.

Department of Justice (DOJ) & NAD vs. UC Berkeley

The NAD filed a complaint in 2014 against UC Berkeley, citing the lack of closed captions in its online courses and content.

The DOJ validated the complaint and required UC Berkeley to rectify ADA violations, leading to an investigation that broadened to encompass overall media and web accessibility for all learners.

In 2022, UC Berkeley and the Department of Justice (DOJ) reached an agreement regarding the accessibility of the university’s online content, ensuring its free online content is accessible to learners with a range of disabilities.

How to Implement ADA-Compliant Video Accessibility

Understanding the legal requirements is one thing. Putting them into practice is another. To create truly accessible video content that meets ADA and WCAG 2.1 AA standards, organizations should focus on three key implementation areas: captions, audio descriptions, and player accessibility.

1. Add Accurate Captions

Captions make videos accessible for D/deaf and hard-of-hearing viewers, and they benefit everyone who watches without sound.

• Pre-recorded content: Include closed captions that accurately reflect all spoken dialogue and relevant sounds (like [applause], [music], or [doorbell rings]).
• Live content: Provide live captions for live streams, webinars, and broadcasts.
• Quality matters: Captions must be accurate, complete, synchronized with speech, and properly positioned on-screen. Automatic captions can be a helpful starting point, but they should always be reviewed and corrected for accuracy.

Learn more about 3Play Media’s 99% accurate captioning solutions.

2. Include Audio Descriptions

Audio descriptions provide a spoken narration of important visual information, like actions, on-screen text, or scene changes, for people who are blind or have low vision.

• Plan during production: Write your script with accessibility in mind, leaving pauses for audio description where possible.
• Create a description track: Record a secondary audio track that describes the visual elements of your video.
• Add it to your media player: Many platforms and players support multiple audio tracks so users can enable descriptions as needed.

Learn about our AI-enabled, human-perfected audio description solutions.

3. Ensure Video Player Accessibility

An accessible video player is just as important as the video itself. Users with motor disabilities, blindness, or low vision must be able to navigate and control playback with assistive technologies.

Check that your player:

• Can be operated with a keyboard (using Tab, Enter, Space, or arrow keys).
• Displays visible focus indicators for all controls.
• Works properly with screen readers and supports captions and audio description toggles.
• Has sufficient contrast for control icons and text.

3Play Media’s Accessible Video Player

4. Test and Verify Accessibility

Testing ensures your accessibility efforts actually work as intended.

• Manual testing: Play the video using only a keyboard to confirm all controls are accessible.
• Assistive tech testing: Use screen readers (like NVDA or VoiceOver) to verify that captions and descriptions are announced properly.
• Automated tools: Run your video page through accessibility checker tools to catch missing attributes or color contrast issues.

5. Maintain Accessibility Over Time

Accessibility isn’t a one-time task; it’s an ongoing process. Review new video uploads regularly, update old content, and include accessibility checks in your publishing workflow.

3Play Media’s ADA Compliance Services

Ensuring your videos meet ADA Title II requirements can feel complex, but 3Play Media makes accessibility simple and scalable.

Our full-service solutions combine advanced AI technology with expert human review to provide highly accurate closed captions, audio descriptions, and more for all your web and mobile video content.

• Caption all pre-recorded and live video content to meet legal requirements for deaf and hard-of-hearing viewers.

• Add audio descriptions that convey important visual information for blind or low-vision audiences.
• Ensure accessible media players that work with keyboard navigation, screen readers, and other assistive technologies.
• Dedicated Customer Support—Our accessibility experts provide personalized guidance and ongoing support to help you navigate ADA Title II compliance every step of the way.

Whether you’re a public university, community college, or state agency, 3Play Media helps you meet ADA Title II deadlines efficiently while creating an inclusive digital experience for all learners.

Schedule a consultation with our team to discover how we can fast-track your path to Title II compliance:

ADA Video Compliance FAQs

About the author

3Play Media

The post Everything to Know About the Americans with Disabilities Act (ADA) and Video Compliance appeared first on 3Play Media.

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• Legislation & Compliance

Takeaways from Lainey Feingold’s 2023 Digital Accessibility Legal Update

3Play Media

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January 11, 2024

Digital Accessibility Legal Update with Lainey Feingold – Part One [Free Webinar]

At the end of each year, Lainey Feingold joins 3Play Media to share her annual digital accessibility legal update. Because 2023 was such an impactful year for digital accessibility news and cases, Lainey split this legal update into two comprehensive sessions that covered the latest information about the United States’ legal landscape, an overview of global law and policy, and strategies for staying ahead of the legal curve when it comes to digital accessibility.

Read on to discover the top takeaways from Part One and Part Two of our 2023 Digital Accessibility Legal Update with Lainey Feingold, or quickly jump to a digital accessibility takeaway below:

Digital Accessibility & the United States Legal Landscape

In Part One of our 2023 Digital Accessibility Legal Update, Lainey spoke about what digital accessibility is, why accessibility is a civil right, current and proposed laws and regulations, best practices to stay ahead of the legal curve, and more.

Lainey began by defining digital accessibility as disability inclusion in all things technology and the intentional practices that make the inclusion happen. She described digital accessibility as a door, explaining that “without accessibility, the doors of today’s society are closed, are locked up tight for people with disabilities.” Lainey also sees digital accessibility as a bridge–on one side are people with disabilities; on the other are technology and content. Accessibility is the bridge connecting the two.

Current United States Digital Accessibility Laws & Regulations

Lainey provided an overview and brief summarization of United States federal laws and regulations that reference digital accessibility, including:

• Americans with Disabilities Act (ADA): Largest part of the U.S. digital accessibility framework. The ADA prevents discrimination and promotes effective communication with people with disabilities.
• Section 504 and Section 508: When receiving federal funds, programs and services must be available to everyone–this includes accessibility. Technology and content must also be accessible for people to do their jobs.
• Air Carriers Access Act: Requires airline websites and kiosks to be accessible.
• False Claims Act: When selling something to the government and claiming it is accessible, but it is not, you could be in violation of this federal act, such as in this California Parks False Claims Act case.
• Affordable Care Act (ACA) Section 1557: When receiving federal funds and part of the ACA, technology must be accessible.
• 21st Century Communications and Video Accessibility Act (CVAA): Requires accessibility in communication systems, such as captions and audio description.

Lainey then discussed Web Content Accessibility Guidelines (WCAG) and how they play into existing legal frameworks in the United States. While WCAG is not specifically written into the ADA, she pointed out that WCAG gives you the tools to avoid discrimination and effectively communicate by building accessible websites.

Further, she explained that the Department of Justice uses WCAG when enforcing the ADA:

Lainey mentioned the introduction of WCAG 2.2 back in October, stating that she does not expect to see any immediate court decisions or Justice Department action happening, but that “eventually, it will roll in.”

What’s On the Horizon for Digital Accessibility in the United States

Lainey discussed what’s on the horizon for digital accessibility law in the United States, including proposed laws and possible regulations. She urged awareness of these potential laws, regulations, and guidances due to the impact they could have on digital accessibility:

Proposed Laws to Watch

• Website and Software Applications Law: A federal law introduced into Congress last year that focuses on the importance of regulations and holding accountable those who are not only covered by the ADA, but developers and people involved in the creation of technology.
• Communications, Video, and Technology Accessibility Act (CVTA): An update to the CVAA that aims to strengthen and expand requirements for captioning, audio description, sign language, and more.
• CA Bill AB 1757: A pending California bill to modify the requirements for filing a lawsuit and aims to incentivize accessibility compliance.

Possible Regulations to Watch

• Web and mobile: Further pending regulations by the DOJ for state and local governments. Lainey noted that the ADA already requires state and local governments to have accessible websites and mobile apps.
• Self-service transaction terminals and kiosks: Pending regulations which have been in the works for a long time. Lainey mentions on her website that “many legal cases require kiosks to work for disabled people.”
• Healthcare & HHS 504 Update: Health and Human Services is doing a 504 update to strengthen the original regulations, which have not been updated since 1977.
• ACA update: The ACA has regulations from 2020 and aim to make them stronger with this update.
• Video conferencing: The Federal Communications Commission (FCC) has a rulemaking process underway on video conferencing to make accessibility requirements more specific.
• Department of Education: Intends to strengthen and protect rights for students with disabilities; no action yet.

Guidances to Be Aware Of

• DOJ & HHS Telehealth Guidance (07/2022): Lainey suggests anyone involved in health care review this guidance, as it contains valuable specifics about what the law already requires.

• DOJ & EEOC AI Hiring Tool Guidance (05/2022): Guidance created by the DOJ and Equal Employment Opportunity Commission (EEOC) on AI hiring tools. Lainey suggests reviewing if you use AI hiring tools or are a person with a disability impacted by the use of AI hiring tools.

• Joint DOJ & DOE Dear Colleague Letter (07/2023): One of the most direct and comprehensive assessments to date on how the ADA and Section 504 apply to online content produced by higher education institutions.

How Current Digital Accessibility Laws and Regulations Are Implemented in the US

Lainey wrapped up Part One of our legal update by discussing the implementation of U.S. digital accessibility laws and regulations. She stressed the importance of digging deeper into customer feedback around accessibility. Rather than framing them as complaints, she urges organizations to think of them as opportunities to ensure the civil rights of people with disabilities are respected, protected, and enforced.

Lainey then divided implementation actions into her favorites and least favorites for the year, providing quick overviews of each and why she felt they were good or bad for digital accessibility.

Lainey’s Favorite Legal Implementations

DOJ Digital Accessibility Actions 

Lainey noted that the DOJ’s actions around digital accessibility are very important because they show they are not waiting, such as in these cases: Oklahoma Mobile App Accessibility and Texas County Election Website Accessibility. She said entities covered by the ADA also should not wait to make digital properties accessible.

California Parks Website Accessibility Case

Lainey expressed her satisfaction with how this challenging case was handled and recently settled. The case involved a lawsuit against a contracted web developer of the California Parks System website. The developer claimed that the website was accessible, but it was not. This first-of-its-kind digital accessibility case referenced the False Claims Act.

Enforcement in Education

Lainey noted there is a lot of good enforcement action happening in the education space and that the settlements of such cases should be taken as a roadmap for how to do accessibility within higher educational institutions. She cited cases against Los Angeles Community College District (LACCD) and City University of New York (CUNY) as examples of this from the past year. Watch her speak about this in a brief clip from Part One of our 2023 Digital Accessibility Legal Update:

Enforcement in Employment

There are active cases to enforce the ADA when it comes to employment. Lainey noted that ADP pivoted to structured negotiation and that just because a lawsuit is filed does not mean that there needs to be fighting. She also mentioned that just because a company gets sued for accessibility reasons does not mean they’re a bad company. For example, she pointed out that both Workday and ADP have very strong accessibility teams, but “sometimes things go wrong.”

Kiosk Accessibility Enforcement

Lainey noted two cases involving kiosks from Quest Diagnostics and Labcorp which are being handled by the American Council of the Blind (ACB) and DC-based lawyer Matt Handley. You can find more information on kiosk legal action on Lainey’s Kiosk Legal Issues Tracker on her website.

Voting

Lainey said that in the voting space, there is much private sector effort around accessible voting with the National Federation of the Blind (NFB) and ACB being involved in many cases. She added that many of these cases have dealt with voting information, accessible voting machines, and accessible ballots.

Virtual Reality (VR) Accessibility

Panarra v. HTC Corporation marked one of the first and only cases around captioning in VR. With the lawsuit successfully settled, HTC agreed to provide resources to support developers to caption their content and will add captioning requirements for future titles.

Podcast Accessibility

Lainey briefly discussed podcast accessibility and a long-running case by the NAD against Sirius XM. She noted that this case is still in litigation. Learn more about making podcasts accessible through transcripts.

Lainey’s Least Favorite Legal Implementations

The Number of Accessibility Lawsuits

Lainey shared her concerns with the growing number of accessibility lawsuits:

She said that while these numbers can be jarring, change in civil rights enforcement isn’t achieved with fear. Sharing the results of these cases can help provide greater context around the ethics of the case. Watch her speak about this in a brief clip from Part One of our 2023 Digital Accessibility Legal Update:

Overlays and Strategic Lawsuits Against Public Participation (SLAPP)

Lainey says that the use of overlays are not unrelated to the rising number of accessibility lawsuits because organizations are looking for quick fixes. She strongly encourages reviewing the Overlay Fact Sheet to get a greater understanding of overlays and their impact on people with disabilities.

Related to overlays is SLAPP, which stands for Strategic Lawsuit Against Public Participation. Lainey is concerned with the cases by overlay companies against disability advocates who have vocally advocated against the use of overlays. She notes that this isn’t exclusive to the U.S., with global lawsuits popping up by overlay companies against advocates.

Supreme Court Laufer Case

A U.S. Supreme Court case, Acheson Hotels vs. Deborah Laufer, had Lainey worried because it could risk the legitimate use of testers in many different types of cases. The case has since been decided as “moot” by the Supreme Court, which she says is a great outcome for disability rights and accessibility.

Watch Part One of our 2023 Digital Accessibility Legal Update with Lainey Feingold  

Global Accessibility Law and Policy

Digital Accessibility Legal Update with Lainey Feingold – Part Two [Free Webinar]

In Part Two of our 2023 Digital Accessibility Legal Update, Lainey provided a snapshot of current global accessibility law and policy, and shared strategies and ideas for staying ahead of the legal curve no matter where you are.

Lainey kicked off the second part of our 2023 Digital Accessibility Update by discussing accessibility on a global level. She reiterated that accessibility is a civil right and a human right. She shared that over 35 people from around the world helped her compile her Digital Accessibility Global Law and Policy page on her website. This has provided her with information about law and policy worldwide, but she noted that she remains curious about how these laws and policies are being enforced.

A Snapshot of Global Laws

United Nations Convention on the Rights of People with Disabilities (UNCRPD)

Lainey shared that 185 countries have ratified the UNCRPD, which includes Article 9, Accessibility. She shares that she likes this article because it begins with the why:

Lainey noted that “ironically,” the United States did not ratify the UNCRPD, but this is because there is an understanding that much of the UNCRPD is based on the ADA.

European Union’s European Accessibility Act

Lainey believes the European Accessibility Act is an exciting development in the world of accessibility. Overall it creates accessibility requirements for products and services. The European Accessibility Act goes into effect in June of 2025 and will apply to anyone manufacturing products and services that will be placed in the European Market. Lainey uses the European Disability Forum as one of the main resources she relies on about this topic.

The First African Accessibility Standards

Lainey highlighted Kenya’s accessibility efforts in Africa. They are the first country in Africa to adopt accessibility standards, as of 2022. She says they were adopted thanks to the advocacy and organization of many people. Nigeria is also on Lainey’s radar, as they have been building an accessibility community through grassroots efforts.

India: A Digital-First Nation

Lainey is excited by India’s accessibility efforts. She is hopeful about India’s laws and policies because of the involvement of people with disabilities, including blind lawyers:

Lainey traveled to India in December of 2023 and plans to add more updates to her website based on what she learned.

Lainey Feingold’s Best Practices for Staying Ahead of the Law

Understand the “Accessibility Cookie”

Lainey likes to compare accessibility to a cookie with many ingredients. The variety of ingredients represents many different parts of accessibility. She says that the ingredients needed to understand the “accessibility cookie” include:

• Hire and engage with people with disabilities
• Create transparency with accessibility statements
• Do testing and training with and by disabled people
• Understand that digital accessibility is an ethical mandate
• Consider accessibility in the design and development process early on as opposed to the last-minute
• Ensure your procurement team understands accessibility
• Create a policy and culture of accessibility at your organization
• Collaborate with people with disabilities: work with them, consult with them, break down silos within your organization
• Take accessibility feedback seriously and don’t take shortcuts

Accessible Procurement

Lainey expanded on the procurement process and shared that “the slogan for accessible procurement is ‘don’t buy broken things.’” She underscored that whoever is on a procurement team must understand accessibility and pointed to the $66 million California Parks Website case as an important example when it comes to public sector procurement.

Compliance and the Law: Use High-Quality Resources

Lainey said compliance and the law are the “salt” in the “accessibility cookie.” You need salt in cookies, but too little salt or too much salt can make for a bad cookie. She suggests staying up to date with the law by using high-quality resources, which she shares in her slide deck for Part Two.

Lainey then shared the top four things to remember if an organization finds itself with a lawsuit:

• Hire a responsible lawyer
• Don’t be demoralized
• Don’t look for a quick fix
• Let the lawsuit be a spark for sustainable success

How to Talk About the Law and Digital Accessibility

Lainey closed out Part Two of the 2023 Digital Accessibility Legal Update by discussing how to talk about the law without fear and create long-lasting, sustainable accessibility. She curated the following tips to keep in mind as you navigate the legalities of digital accessibility:

Use Key Ideas

Lainey noted that accessibility laws were created by the advocacy of people with disabilities. Remember that accessibility is a civil right and a human right:

Keep the Focus on People

Remember to focus on people and the impacts that the law has on them. Blind workers cannot check vacation time with inaccessible HR software. D/deaf learners cannot access podcasts if a transcript isn’t provided. Blind campers can’t make state park reservations on an inaccessible website. Lainey suggests to frame legal cases as “this was an experience of a person with disabilities of exclusion” as opposed to “somebody got hit with a lawsuit.”

Understand Your Stakeholders

Lainey stressed understanding of who you may be talking to when it comes to accessibility. She stated the importance of being curious so that you can find out what stakeholders care about and what their blockers are:

Do Not Use Fear

Lainey suggested that you avoid using fear when talking about the law. You wouldn’t lead with fear if you want something from a neighbor, a child, a parent, a partner, etc. So you shouldn’t lead with fear in conversations about the law.

She also believes that you don’t have to be a shark to get what you want in the legal space. She instead suggests taking the approach of being a dolphin. This is because dolphins are collaborative and communicative. She believes this better supports trust, kindness, empathy, and more when talking about digital accessibility and the law.

Watch the Part Two of our 2023 Digital Accessibility Legal Update with Lainey Feingold  

This blog was originally published by Rebecca Klein in January 2023 as “Q&A with Lainey Feingold: Digital Accessibility Legal Update.” This post is updated annually to reflect the latest in digital accessibility legal updates and for comprehensiveness, clarity, and accuracy.

This blog post is written for educational and general information purposes only, and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

3Play Media

The post Takeaways from Lainey Feingold’s 2023 Digital Accessibility Legal Update appeared first on 3Play Media.

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• Legislation & Compliance

Luna Perez v. Sturgis Public Schools: A Win for the Disability Community

3Play Media

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April 12, 2023

How To Tell Whether Universal Design for Learning is Working [FREE webinar]

On March 21, 2023, The U.S. Supreme Court unanimously voted to allow Miguel Luna Perez, a deaf student in Michigan, to sue his school district for failing to provide an adequate education.

The government’s decision shows support for students with disabilities; students should feel confident about advocating for themselves and taking legal action to address educational barriers.

Luna Perez v. Sturgis Public Schools

Petitioner Miguel Luna Perez was a student in Michigan’s Sturgis Public School District from ages 9 through 20. Throughout his time at Sturgis schools, Perez was assigned ASL interpreters who didn’t know sign language or were not present in the classroom. Perez and his family were also misled about his educational progress—the initial claim stated that Perez had been on the honor roll for years even though he couldn’t read or write by the age of 20.

Despite his apparent honor roll status, Perez and his family were informed only months before graduation that he didn’t qualify for a high school diploma. This prompted them to file a complaint with the Michigan Department of Education, alleging that Sturgis violated the Individuals with Disabilities Education Act (IDEA) by failing to provide Perez with a free and appropriate public education.

The parties reached a settlement in which Sturgis agreed to provide the relief Perez sought, including additional schooling at the Michigan School for the Deaf. After settling the complaint, Perez sought compensatory damages by filing his lawsuit in federal court under the Americans with Disabilities Act (ADA).

Sturgis moved to dismiss the lawsuit, claiming that an IDEA provision barred Perez from bringing an ADA claim without first exhausting all of the IDEA’s administrative dispute-resolution procedures.

The district court agreed with Sturgis and dismissed the suit. The Supreme Court, however, sided with Perez and unanimously ruled that Perez can sue for alleged disability discrimination under the ADA.

Learn how to implement Universal Design for Learning at your university [FREE webinar]

The Ruling’s Implications

In the words of Justice Neil Gorsuch, this ruling “holds consequences not just for Perez but for a great many children with disabilities and their parents.”

There is certainly no shortage of ADA lawsuits in the U.S.—2022 alone saw 8,694 ADA Title III lawsuits in federal courts. This case, however, stands out.

A Message to Students with Disabilities

Accessibility laws and guidelines are notoriously vague and difficult to navigate. The Perez ruling provides some clarity by sending a clear message: students can sue a school for damages under the ADA when they haven’t exhausted the administrative process required by the IDEA.

Following the Court’s ruling, students or families seeking monetary relief based on legislation other than the IDEA can go to court without going through the administrative process of the IDEA. This makes taking legal action related to accessible education much easier. The Supreme Court has signaled that students with disabilities should feel empowered to fight for complete relief when they face discrimination.

Unanimous Support for Students with Disabilities

The accessibility legal landscape is impacted by the country’s political climate. Former President Trump’s proposed 2021 budget included multiple initiatives that posed a potential threat to members of the disability community, including making cuts to funding for disability-focused programs. A Republican-controlled House Judiciary Committee approved a 2017 bill called the ADA Education and Reform Act that makes it more difficult for disabled people to sue for discrimination. This legislation has been introduced in different iterations before, but President Obama was prepared to veto it.

The attitude towards accessibility has dramatically shifted during President Biden’s time in the White House; the Biden Administration has repeatedly demonstrated its commitment to equal access for all Americans. Luna Perez v. Sturgis Public Schools is a reinforcement of this trend, and the unanimous decision shows that liberal and conservative Justices can come to a resounding agreement on matters of textual language, in this case regarding the terms of the IDEA.

Looking Ahead

The Luna Perez v. Sturgis Public Schools case reinforces the legal requirement for educational institutions to ensure that their content is accessible to individuals with disabilities, including those who are d/Deaf or hard of hearing. This means that institutions must provide appropriate auxiliary aids and services, such as closed captions or transcripts for video content and ASL interpreters, to ensure effective communication and access for individuals with disabilities.

The ruling represents disabled students’ ability to take action when they’re not getting the educational experience to which they’re entitled.

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eLearning Accessibility Laws

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December 21, 2022

Guide to Digital and Communication Accessibility in Higher Education [Free webinar]

The two major disability rights laws in the United States — the ADA and the Rehabilitation Act — were passed long before the proliferation of the internet as we know it today.

However, these laws were written broadly with the intention that they would keep pace with evolving technology and our continued reliance on it.

In the world of education, where classrooms are becoming increasingly digital, these laws are meant to protect the rights of learners with disabilities that affect computer use.

This means that online learning content, like educational videos one might find in a traditional college course or a massive open online course (MOOC), must include accessibility features for students with disabilities. This blog will cover legal specifications that ensure accessible eLearning.

Accessible eLearning under the ADA 

Title II

The Americans with Disabilities Act (ADA) is a civil right statute created to limit discriminatory practices towards individuals with disabilities. Both public and private entities are affected by the ADA. 

Title II of the ADA prohibits discrimination by all public entities at the federal, state, and local level. This includes public universities and any publicly available online learning materials. For example, eLearning video content must feature closed captions, audio description, and other accessibility best practices.

In December of 2022, a consent decree between the Department of Justice (DOJ) and UC Berkeley concerning the web accessibility of UC Berkeley’s online content was approved. The DOJ found that UC Berkeley was in violation of Title II of the ADA due to its inaccessible free online material. 

Under the agreement, UC Berkeley must comply with WCAG 2.0 Level AA. The consent decree between the DOJ and UC Berkeley provides a framework for what’s expected under Title II of the ADA for online educational content.

Title III

Title III of the ADA requires places of public accommodation, which includes private entities and places of education, to be accessible. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any “place of public accommodation” by any person who owns, leases (or leases to), or operates a place of public accommodation.

Numerous court cases involving the ADA and inaccessible websites have confirmed that websites are considered places of public accommodation. Cases like NAD v. MIT and NAD v. Harvard were triggered by the universities’ inaccurate auto captioning on their free online programming and platforms, such as YouTube, iTunesU, Harvard@Home, and MIT OpenCourseWare. Both MIT and Harvard eventually reached settlements that strengthened digital accessibility policies and required accurate captions.

The number of ADA-based lawsuits continues to increase. There were nearly 100 new lawsuits per week in the first half of 2022 alone. This number compares to 70 lawsuits per week in 2021.

To avoid litigation, any public-facing websites that act as an interface for taking courses, such as Coursera or Future Learn, should make their websites and multimedia content fully accessible.

Guide to Digital and Communication Accessibility in Higher Education: watch the webinar

Accessible eLearning under Section 504 

Section 504 of the Rehabilitation Act is considered to be the first statute to declare civil rights for individuals with disabilities. This section of the Act declares that:

“No otherwise qualified individual with a disability in the United States […] shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service.”

This law applies to any program or entity, including organizations and public or private universities, that receive federal funding. So, if your organization or institution receives any kind of federal funding (such as student aid or research grants) it could be considered a federally funded program and must ensure it does not exclude anyone with a disability from any program or activity, including participation in online learning activities.

The Rehabilitation Act and the ADA exist separately, but the ADA is generally perceived as an expansion of Section 504 that protects a broader range of individuals with disabilities. The above-mentioned lawsuits against Harvard and MIT alleged violations of Section 504 in addition to the ADA.

Accessible eLearning under Section 508

Section 508 of the Rehabilitation Act requires that the electronic communications and information technologies, such as websites, email, or web documents of federal programs be accessible and operable in a variety of ways. 

Section 508 states that, “When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency […] shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology, individuals with disabilities […] to have access to and use of information and data that is comparable to the access of [those] who are not individuals with disabilities.”

The World Wide Web Consortium’s collection of Web Content Accessibility Guidelines (WCAG) is quickly becoming the international standard for web accessibility. The Section 508 Refresh directly references WCAG 2.0, thereby broadening its coverage to all content covered under Section 508. The refresh covers more documents, more technology, and more people, as WCAG specifies levels of compliance – Level A, Level AA, and Level AAA – in addition to testable provisions.

This law only applies to federal programs. However, many US States and organizations have laws (known as “mini 508s”) that reference Section 508. So, if any institutions or organizations reside in one of those states or have organizational policies that reference Section 508, any MOOCs or other online learning content must be fully accessible or have auxiliary aids for people with sensory disabilities.

While it is up to some debate as to whether federally funded programs must comply with Section 508, there are certain stipulations that often require these programs to provide accessible technology and web content. For example, the Assistive Technology Act will not provide funding to states unless they guarantee that all programs – including colleges and universities – will comply with Section 508. 

With the boom in eLearning and remote education tools since the COVID-19 pandemic, the importance of accessible digital learning experiences continues to grow. Ensuring that your MOOC or educational video content is accessible will help you grow your student base, create an equitable learning experience, and avoid legal consequences.

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