In the spring of 2024, DOJ published new ADA regulations requiring public entities covered by Title II of the ADA, including public school districts, colleges, and universities, to bring their websites, apps, course content, and new social media posts into compliance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. Initially, the deadline for compliance was April 24, 2026, for entities serving jurisdictions with a population greater than 50,000 people, and April 26, 2027, for entities serving smaller jurisdictions. Just four days before the initial deadline, DOJ published an Interim Final Rule postponing the compliance dates by one year. While the compliance deadline under the ADA regulations has been pushed back, the ADA itself, as well as Section 504, already require accessible websites and online resources, so public schools should continue their efforts to meet these standards. 

Why is DOJ postponing the deadline? Advocates for K-12 schools and higher education institutions let the Department know that coming into compliance with the new requirements within the original timeframe would require resources – human and financial – that they did not have. The Department concluded that it had underestimated the costs of compliance and overestimated the capabilities of covered entities. The Department also noted that technology had not advanced to be able to automate the process of bringing websites into compliance.  

What is an interim final rule? Generally, new regulations and changes to regulations have to go through notice and public comment. This process can take months or even years. Federal law provides an exception when an agency finds good cause that such a process is impracticable, unnecessary, or contrary to the public interest. The Department found that public comment was unnecessary because comment on the appropriate deadline was received when the rule was initially issued only two years ago, and impracticable because the deadline for compliance was rapidly approaching, which could have exposed public entities to litigation risk. Nonetheless, the Department is accepting comments through June 22, 2026. While changes in response to the comments are possible, changes to interim final rules are rare.    

Will there be more changes? Maybe. The Department also noted concern that the rules link to live websites with the WCAG standards and related resources. As the website is not run by the Department, it could be changed without notice to recipients, causing wide-spread noncompliance. The Department also states that it is considering proposing substantive changes to the rule prior to the new implementation deadline, which would go through the notice and comment process.  

What about the HHS Section 504 regulations? HHS issued new Section 504 regulations in May 2024, which require recipients of HHS funds (which many public schools are) to comply with WCAG 2.1, Level AA by May 11, 2026. It is possible that an interim final rule will also delay that deadline, but as of today, the deadline remains in effect.   

Are schools off the hook? Definitely not. The Department states, “Regardless of the compliance dates, covered entities have an ongoing obligation to ensure that their services, programs, and activities offered using web content and mobile apps are accessible to individuals with disabilities in accordance with their existing obligations under title II of the ADA.”  

Even without these rules, OCR has routinely investigated school districts, colleges and universities related to the accessibility of their websites, apps, and other digital resources, generally entering into resolution agreements that require compliance with the WCAG 2.1, Level AA standards. DOJ has previously done the same. And private parties can sue public entities for injunctive relief, damages, and attorneys’ fees if an inaccessible website or other digital resource hinders access to the program or activity.  

What should schools do now? Continue working to update websites, apps, and online course materials to be accessible to users with disabilities. This may require significant changes, so work with your IT department and tech vendors to make sure your school is on track. In the meantime, it’s a good idea to put a notice on your website alerting users with disabilities of who to contact if they encounter a barrier to access and require an alternative format.  

Reach out to the Thompson & Horton team with any questions.