[Athen] Fact Sheet: Notice of Proposed Rulemaking on Accessibility of Web Information and Services of State and Local Government Entities | ADA.gov

[Peter Bossley]

Hello ATHEN list:

Hope this finds you well. Just posted this short summary and a few of my own comments to linkedin but thought I would share here as well. I also attached a copy of the NPRM.



As expected, the U.S. Department of Justice has released information about the Notice of Public Rulemaking (NPRM) for the digital accessibility of most ADA title II entities for public comment. A fact sheet with more information is linked below.

Most important things to know:

*       DOJ's position is that this rule simply clarifies a Title II entity's existing non-discrimination obligations under the ADA.

*       The technical standard that is proposed is the Web Content Accessibility Guidelines (WCAG) 2.1 at conformance level AA.

*       The rules would apply to most kinds of interactive digital content delivered via websites, web applications, and mobile applications.

*       Narrow exceptions are proposed for the requirement to comply with the technical standard, although existing obligations for effective communication and reasonable modifications are specifically called out as still applicable even to an exception, which would logically obligate an entity to provide an accessible format if requested by a person with a disability.



If implemented properly, this would represent a huge step forward in clarifying for state and local government, and higher education, what the disability rights community have been advocating for them to understand about their ADA obligations. It has taken too long, but as a person with a disability myself, I am glad this is finally moving forward in the right direction.



If you are a state or local government agency, or you are a public college or university, it is time to take all those decisive actions your accessibility team has been asking you for.

If you do business with state or local governments, or public colleges and universities, your customers are about to become much more serious about this topic. You are going to have to have answers about the accessibility of your offerings, how you maintain that accessibility, and what commitments you are willing to make to back that up. If you aren't already working on it, it is going to be a heavy lift; but the time to act decisively is now, so you can be ready when this becomes a requirement.

(Disclaimer: the opinions I state here are my own and do not in any way represent the view of my employer.)

https://www.ada.gov/notices/2023/07/20/web-nprm/

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