New Legislation to Increase Internet Accessibility for People with Disabilities

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Back in April of last year the U.S. Department of Justice published a final rule to the Americans with Disabilities Act (ADA). The rule mandates that all web content and mobile applications provided by public entities must be readily accessible to and usable by individuals with disabilities. Both state and local governments will be required to comply, effective next year.

At Ability Central, we have been mindful of accessibility since the inception of our web content.

Making websites possible for people with disabilities to navigate efficiently doesn’t pose a significant challenge to web content creators. Unfortunately, it hasn’t really been prioritized either.

This new rule is going to change that, at least for government websites and mobile apps, like the ones children with disabilities access at school, and the ones we use to access government services, like applying for benefits, seeking tax information, and even ordering mail-in ballots.

The 35-year-old Americans with Disabilities Act sought to bridge the many gaps between Americans with Disabilities and the opportunities denied them by limited accessibility. The three decades have brought gradual change, but ADA amendments like this have been few and far between and fallen short of keeping up with technological and cultural changes. Time and again, accessibility measures that would ensure access easier for everyone, not just people with disabilities, are consistently tabled

This rule will also provide state and local governments with more clarity about what they have to do to comply with the ADA.

How Will the New Rule Improve the Accessibility Experience?

For individuals with visual, auditory, motor, and cognitive disabilities this rule seeks to improve equal access

things I would suggest we highlight: The importance of Equal Access; emphasis on people with disabilities (visual, auditory, motor, cognitive, etc) must be able to use digital services (e.g., e-commerce, banking, government services) just like everyone else.  Equity and fairness with digital accessibility, etc.

The second which we should mention lightly, overall Litigation Risk that exists.  Currently, thousands of lawsuits are filed annually against companies whose websites are inaccessible, leading to high legal fees, settlements, and reputational damage.

Guidelines for Improvement

These changes follow specific technical requirements outlined in the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium. The first version came out in 1999, the second in 2008 and the current version in 2018.

Known as WCAG 2.1, the new and improved requirements address accessibility of web content on any kind of device, including desktops, laptops, kiosks, and mobile devices. They provide additional accommodations for individuals with mobility disabilities, hearing difficulty, and vision loss.

Improvements for Users With Mobility Disabilities

This involves ensuring that material is organized in such a way that users who may not be able to manipulate a mouse, and use assistive technology instead, can access still access content efficiently.

The most significant change is the mandate that all functionality of a website or application must be operable through a keyboard interface alone. Users can navigate every link, button, form field, and interactive widget using their preferred assistive input device. These changes move the digital environment from being primarily mouse-centric to being device-independent. It’s a game changer for those of us who cannot use our hands to operate a traditional mouse.

that force developers to code websites and apps in a way that accommodates various input methods beyond a traditional mouse: switch controls, sip-and-puff devices, head pointers, or adaptive keyboards.

The ADA amendment also addresses potential time-outs on forms or application processes (which may take longer when not using a traditional mouse), requires a visible “focus indicator” to make navigation easier,

Improvements for Individuals With Hearing Difficulty

Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards How do they improve accessibility for people with hearing disabilities

The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards significantly improve accessibility for individuals who are deaf or hard of hearing by primarily focusing on providing text-based alternatives for all audio content.

The key Success Criteria (SC) within WCAG 2.1 Level AA that address hearing disabilities are part of Guideline 1.2 Time-based Media:

SC 1.2.2 Captions (Prerecorded) (Level A): This criterion requires that synchronized captions are provided for all prerecorded audio content in synchronized media (videos with sound, etc.).

How it helps: Captions provide a textual representation of all speech and essential non-speech information (like sound effects, music cues, and speaker identification) needed to understand the content. This ensures that users who cannot hear the audio can still follow the narrative and access all auditory information.

SC 1.2.4 Captions (Live) (Level AA): This is a Level AA-specific criterion requiring captions for all live audio content in synchronized media (e.g., webinars, live news streams, online events).

How it helps: This allows individuals with hearing loss to access real-time information as it is being broadcast, ensuring inclusion in live events and communications. Live captions must be synchronized with the audio and generally require professional captioning services for accuracy.

SC 1.2.1 Audio-only and Video-only (Prerecorded) (Level A): This criterion requires an alternative (such as a descriptive transcript) for any prerecorded audio-only content, like a podcast or an audio recording of a speech.

How it helps: A full text transcript provides an equivalent text alternative that conveys all auditory information, making the content perceivable to those who are deaf or hard of hearing

Improvements for Individuals With Vision Loss

WCAG 2.1 Level AA improves vision accessibility by mandating high color contrast, allowing text resizing up to 200% without loss, providing text alternatives (alt text) for images, ensuring keyboard-only navigation, offering clear focus indicators, supporting screen reader compatibility, and requiring descriptive link text, all making web content usable for people with low vision, color blindness, or blindness. These standards ensure content is perceivable, operable, understandable, and robust for various visual impairments, making the web more inclusive.

Key WCAG 2.1 AA Improvements for Vision Disabilities:

Contrast & Color: Requires a 4.5:1 contrast ratio for normal text and 3:1 for large text, preventing confusion for users with low vision or color blindness.

Text & Readability: Allows text to be zoomed to 200% and adjusted for spacing without breaking layouts, crucial for low-vision users.

Screen Reader<>/nav> Compatibility: Requires proper coding (like ARIA labels, semantic HTML) so screen readers can interpret headings, labels, and form fields, providing audio context.

Alt Text<>/nav> for Images: Demands descriptive alternative text for non-decorative images, letting screen readers convey visual information.

Keyboard Navigation: Ensures all functionality is accessible via keyboard (tabbing, enter) with visible focus indicators, benefiting those who can’t use a mouse.

Descriptive Links: Uses clear link text (e.g., “Read Accessibility Tips” instead of “Click Here”) for better context when navigating via screen readers.

Non-Text Content Alternatives: Provides captions for live video and audio descriptions for pre-recorded video.

By implementing these rules, websites become functional and enjoyable for users with various visual challenges, from needing larger text to relying entirely on screen readers.

WCAG 2.1 also promotes clear heading structures, consistent navigation menus, and logical reading orders, affording users the opportunity to anticipate where content and controls are located It also ensures users will not encounter flashing lights, addressing an accommodation for individuals with photosensitivity.

When and Where Will We See the Changes?

The new ADA regulations apply to internal, employee-only web content and mobile applications provided by state and local government, as well as public universities, community colleges, and K-12 public school districts.

The rule broadly covers official web content, mobile apps, online learning platforms, digital documents (PDFs, Word files), and social media posts made after the compliance date.

The required compliance date depends on the population of the public entity’s jurisdiction. Public entities serving a population of 50,000 or more persons are required to make the change by April 24, 2026. Smaller jurisdictions are afforded an extra year, with compliance set for April 26, 2027.

While this specific rule is for public entities, we can remain hopeful that private businesses will follow. They are still subject to the ADA and face ongoing legal risks if their websites are inaccessible. Courts have consistently cited WCAG standards as the de facto benchmark for accessibility, making compliance with these guidelines a critical best practice to avoid litigation.

Reach out to learn more about these changes.