Digital Accessibility Requirements in Higher Education: Everything You Need to Know

Digital accessibility in higher education isn’t just about compliance—it’s about ensuring every student has an equal opportunity to succeed. With a significant number of students facing challenges that aren’t always visible, understanding and implementing accessibility requirements is more important than ever. The following can help you navigate the legal obligations, provide practical steps to create an inclusive experience, and ensure you’re doing enough to support all your students and faculty.

A Brief Disclaimer 

This article is for general informational purposes only and should not be interpreted as legal advice. While we strive to provide accurate and up-to-date information, the content herein is not a substitute for professional legal consultation. Laws and regulations can be complex and are apt to change at any time. For more information, please consult an attorney specializing in the specific accessibility requirements in your region. 

Key Statistics on Students with Disabilities in Higher Education 

The National Center for Education Statistics (NCES) regularly publishes information on students with disabilities enrolled in a post-secondary education program. In 2019 and 2020, “some 21 percent of undergraduates and 11 percent of postbaccalaureate students reported having a disability.” For the purposes of this research, disability was defined as “deafness or serious difficulty hearing; blindness or serious difficulty seeing; serious difficulty concentrating, remembering, or making decisions because of a physical, mental, or emotional condition; or serious difficulty walking or climbing stairs.” 

21% is a lot of people. Think about that for a moment: one in five students in a classroom faces barriers moving freely, reading, writing, hearing, seeing, concentrating, or interpreting the content. Most of the time these limitations are not obvious to the naked eye. 

It goes without saying that these students have a fundamental right to the same standard of education and experiences as their peers, but it doesn’t happen overnight. Without taking the proper steps to get there, the student body is under an active disadvantage. 

This fact is accentuated by the emphasis on higher education that persists in today’s job market, with gainful employment often contingent on the completion of post-secondary programs. In this day and age, we are doing more online than ever before. The vast majority of classroom assignments are now administered through a digital medium. Unfortunately, digital inaccessibility remains a significant barrier in higher education. It’s no wonder, then, that completion rates among students with cognitive and physical impairments are estimated to be around twenty percentage points lower than their counterparts without this designation. 

According to the Bureau of Labor Statistics (BLS) 2023 labor force characteristics, the unemployment rate for people with disabilities is about double that for people without disabilities (7.6% vs. 3.5%). The attainment of higher levels of education plays a crucial role in bridging this gap. 

By considering and properly implementing accessibility programs, institutions help equip students with the means to succeed in the workforce and ultimately better their lives. It’s a great thought to be sure, and most colleges and universities do champion a diverse student body (on paper). But what does this look like in practice? Are you doing enough? 

In this article, we’ll outline the legal obligations that colleges, universities, trade schools, and post-secondary education providers have when it comes to serving their students with cognitive and physical impairments, with an emphasis on the digital requirements. We will also equip readers with actionable steps and resources that can be applied to understand and improve existing practices at any level of an organization. As you read, be encouraged to reflect upon your own work. 

Understanding Legal Obligations for Digital Accessibility in Higher Education 

Accessibility in higher education is not merely an altruistic or ethical matter of providing equal opportunities. It is legally required in most places. Institutions must navigate a complex landscape of laws and standards to ensure that all students have equitable access to educational resources. 

At QualityLogic, we have found it helpful to use legislation as a means of starting the conversation and justifying the investment to organizational leadership. Put another way, the sense of urgency should be the catalyst—the spark that lights the flame. The observable impact on the student body should be the ethical benefit that incentivizes continual improvement and fosters a measurable return on investment. 

Here are some of the primary legal frameworks that must be considered. 

How the ADA Impacts Higher Education Accessibility 

The ADA, established in 1990 and amended in 2008, is  a landmark civil rights law in the United States that makes it illegal to discriminate against a person based upon a recognized disability, thereby allowing them to freely participate in major life activities. These activities are defined in sections (called titles) and include employment (Title I), state and government plus transportation services (Title II), public accommodations (Title III), and telecommunications and relay services (Title IV). 

Title II applies to public universities and institutions that receive funding from state and local governments. Title III covers schools that are privately funded. The requirements for each are the same. 

In short, students can’t be denied a fair chance to participate in a higher-ed program or take advantage of the resources they are paying for to make that possible. Resources include but are not limited to the physical realm: cafeterias, libraries, classrooms, residence halls, exhibits, museums… and digital environments: books, assignments, announcements, letters, online lectures, meetings, and more. 

Section 504: Ensuring Equal Access in Education 

Section 504 of the Rehabilitation Act (enacted in 1973) states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any executive agency or the United States Postal Service. Public schools that fail to comply with Section 504 can face significant legal consequences, including the loss of federal funding. 

In addition, reasonable accommodations must be provided, such that they provide “equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs”. 

The Fair Housing Act (FHA) and Student Housing Accessibility 

The FHA bars providers of housing (landlords, real estate companies, lenders, insurance companies, etc.) from discriminating against a person on the basis of a protected attribute like race, religion, sex, or disability. It comes into play when an institution provides dormitories and/or any form of housing for its students. 

The FHA has a few aspects of protection that expand upon the ADA, such as explicit allowances for service animals, a waiver for all applicable pet fees, and permission for the individual to make reasonable modifications to their living space when that modification could be considered necessary. At a minimum, this includes doors wide enough for a wheelchair, wheelchair accessible entrances and exits, ramps and elevators, and grab bars in restrooms. 

In a digital context, anything that is needed to apply, pay for, and manage household services should be evaluated. To be clear, while the FHA does not mention online content directly, the U.S. Department of Justice (DOJ) has regularly upheld the statement that websites do in fact qualify as “places of public accommodation” under Title III of the ADA. 

In practical terms, housing needs to directly supply or allow for the installation of appliances that make the unit livable as a reasonable accommodation. Web apps that a student may use to apply for housing, access community news, view statements, or pay their rent need to comply with relevant guidelines. 

Accessibility Laws Outside the United States 

In Europe, as of November 2024, digital accessibility is not yet directly stated as a legal requirement. That said, there is a certain level of cultural and social awareness around the need. Both the European Accessibility Act and the Web Accessibility Directive have each significantly heightened the level of public awareness around accessibility issues. We specifically expect the European Accessibility Act (EAA), which takes effect in June 2025, to drive further conversation, precedent, and likely legislation in this sphere. 

The situation is largely the same in the UK, with the addition of the Public Sector Bodies Accessibility Regulations, which mark schools as “partially exempt”. 

In Canada, the Accessible Canada Act (ACA) seeks to ensure a barrier-free nation by the year 2040, which would directly impact institutions receiving federal funding. Local governments, territorial governments, and private institutions may be but are not always covered separately by provincial legislation, depending on the province. 

Penalties for Noncompliance with Accessibility Laws 

Legally speaking, institutions in higher education are under an increased level of scrutiny relative to those in most other industries. As is the case with small businesses, the ADA applies, but it doesn’t stop there. Since the vast majority receive federal funding, section 504 comes into play, on top of the FHA (if student housing is also available). Legal action could come from the public, the Department of Justice, or the Department of Education. The latter is especially important since anyone who has been discriminated or retaliated against on the basis of a protected attribute may file a claim through the Department of Education’s Office for Civil Rights (OCR). The OCR outlines a specific complaint resolution process, which involves thorough investigation into each entity that is accused of wrongdoing. A burden of proof is placed on both parties. 

The Department of Education and Department of Justice routinely work together to ensure that intersecting goals are being met. Recently this can be seen in a Joint Dear Colleague Letter on Online Accessibility at Post-secondary Institutions. 

The ADA imposes penalties up to $75,000 for a first violation, and up to $150,000 for subsequent violations. This might not sound like much when thinking in terms of the budget available to a lot of universities, until we remember that these amounts don’t stop at the first complaint. A single case might cite numerous instances of noncompliance. Class action lawsuits often involve compensatory damages or injunctive relief to all affected individuals, not including the plaintiff’s attorney fees, and then the costs that would have had to be paid to ensure the problem doesn’t happen again. In the timeless words of Benjamin Franklin, “If you fail to plan, you are planning to fail!”. It is much easier to think ahead and address accessibility voluntarily before you have to by force. 

Outside the law, deterrents lie in the social, ethical, and societal consequences: 

• Students experience reduced opportunity for learning and academic achievement. 
• Students are forced to spend additional time advocating for their needs, depleting their capacity to learn and study. 
• Students are less likely to go on from a sub-standard education to pursue opportunities in the workforce. 
• Institutions lose out on the innovative potential that comes from the incorporation of unique perspectives provided by traditionally underserved populations. 
• Institutions experience lower graduation rates, and a reduced level of academic achievement overall. 
• Institutions set a negative precedent and ultimately limit exposure to those with disabilities on the part of the rest of the student body, effects which trickle down to the rest of society. Limited perspective may influence the perpetuation of these negative viewpoints. 

Creating an Inclusive Experience for Educational Institutions 

Understanding the legal landscape and its requirements is an important first step, but it is only that, the beginning. Institutions must aim higher by striving to establish a culture of inclusivity and accessibility such that these concepts become second nature. 

This journey is one marked by constant learning and improvement, and there is no one-size-fits-all approach as long as progress is steady and the needs of students are being met. When it comes to establishing or augmenting a program, you know best the current state of your organization. From there, it’s a matter of identifying and targeting the biggest pain points. Below, we will talk about practices that have been successfully implemented in leading educational institutions. 

Stand on the Shoulders of Giants 

There is no better source of inspiration than the experiences of others. In doing so, we have found it helpful to consult publicly available policies from a few of the groups that are leading the charge. Learn from these failures so you don’t fall into the same traps, and replicate successes where they might apply. Then share your journey to help build awareness and shape the future. 

Here are some great starting points: 

• Harvard University Digital Accessibility Policy 
• California State University’s Accessible Technology Initiative (ATI) 
• Accessibility of Electronic Content at Stanford University 
• IT Accessibility at the University of Illinois 
• Ohio State University (OSU) Minimum Digital Accessibility Standards 

The Importance of Ongoing Accessibility Improvements 

Before going into some of the finer points, if there is one thing you take away, make it this: accessibility is not a one-time fix to a pesky problem; it’s a continuous process of evaluation and improvement. There are many approaches that can work, and no one approach is necessarily better than another. Institutions will likely have to adopt multiple strategies as they learn more about what does work. 

Ultimately, the formation and augmentation of an effective program is contingent on people feeling encouraged to speak up about their needs. Create time, then listen to understand those needs (which often come in the form of complaints). Act on them with compassion. Regularly assess what is effective and what is not. 

From Square One: Starting with End-to-End Accessibility Evaluation 

An effective way to start addressing accessibility is to look at each level of the student journey. Conducting a thorough, end-to-end evaluation can reveal barriers students might face. 

Begin by mapping out the student experience, starting with how they gather information about your institution. Are promotional materials—like articles, emails, blog posts, and videos—available in accessible formats? 

Is information about applying easy to find and understand? When the decision is made, is it possible to apply using assistive technology? Are there multiple methods available for students to do so? When the answer is yes, step beyond user-facing accessibility to consider how selection criteria ensure equity is preserved, or the idea that protected attributes do not stand in the way of academic potential. 

After acceptance to the institution, students navigate an exciting yet confusing web of paperwork before setting foot in class. There’s a lot involved, like course enrollment, housing applications/selection, orientation, and accessing available resources. Evaluate each of these onboarding stages. Follow this through to the first day of class, participation in studies and extracurricular programs, and graduation. 

Establish an Accessibility Resource Center 

All accessibility-related efforts should be overseen by a dedicated department, working to ensure that the needs of people with cognitive and physical impairments are considered preemptively. This department should be a center of excellence that works proactively to make sure each student gets what they need when they need it. 

Making Accessibility a Priority in Technical Procurement 

An extremely difficult, but common, situation an organization can find itself in is the realization that widely used applications, web frameworks, or systems are not accessible. In education this could be anything from a learning management system to HR portals and features offered on public websites. 

There are but a few options: consult with the provider, replace the technology, or do nothing and wait for the inevitable. None of these solutions are particularly efficient. Consulting with the provider is a good first step, and if their teams respond favorably and take quick and decisive action, you are lucky. Replacing the technology is often needed at the cost of extensive training, migration, and adjustment. The latter (ignoring the problem) is unfortunately a popular course of action but is fraught with risk and inconvenience that will eventually make itself known one way or another. 

An easy way to avoid this problem going forward is by embedding accessibility requirements into procurement policies. By only purchasing solutions that are compliant with WCAG 2.2 level AA, you make a solid commitment toward inclusion while simultaneously avoiding the need for costly remediation at a later date. In short, when considering new software and applications, ask about accessibility. Then carefully substantiate the claims the vendors are making. Try to obtain a completed VPAT (voluntary product accessibility template) which is called an ACR (accessibility conformance report) or sometimes just a VPAT. 

Create an Organizational Accessibility Policy 

It is important to establish an overarching policy that precisely defines the technical standards course content will conform to, such as WCAG 2.2 level AA, as well as the specific roles responsible for making sure it is followed. At a minimum, state: 

• A level of education that instructors will need to obtain in order to effectively produce or modify their instructional content. Perhaps this is a course or set of courses that need to be completed during the onboarding flow, or as a routine responsibility. 
• The procedures that students and faculty can follow to request accommodations.  
• The procedures that students can follow when they require assistive technology to complete a class. 
• Where students should go when they require training or assistance with their assistive technology 
• What guarantees are made for access to content in alternative formats? At minimum, students shouldn’t have to worry about whether they will receive their coursework on time. Examples of alternative formats include: 
• Blind students enrolled in advanced mathematics courses who require assignments, textbooks, and study materials that are produced in MathML or braille. 
• Blind students who request their assignments or reading materials in braille. 
• Students with low vision who need to view some materials in larger print. 
• Students with difficulty reading quickly who wish to have their textbooks in an audio format. 
• The person or group that serves as the point of contact for accessibility-related inquiries, as well as all means by which they can be reached. 
• Who receives the policy. It should be posted online and provided to all students and faculty. 

Leveraging an Accessibility Expert 

The only thing worse than getting stuck is spinning your wheels and spending money on the wrong things. Trapped in a whirlwind of to-dos, policies, expectations, paperwork, and seemingly competing priorities?

You aren’t alone.

A good next step might be to hire a third-party accessibility partner to come in and assist through strategy and accessibility services. Trusted partners can quickly recognize where your strengths and weaknesses lie, then help you draw up a no-fuss blueprint with actionable advice and next steps. 

Choosing the Right Accessibility Partner 

Leveraging a third party can help institutions effectively address accessibility challenges, no matter the maturity of the program. 

At the beginning, it’s crucial to isolate and tackle the highest priority initiatives. Later on, a partner can help guide the institution through each phase of the accessibility journey—from planning and policy creation to implementing improvements, conducting regular assessments to ensure compliance, and/or training teams on how to do so independently. 

It isn’t enough for a partner to have familiarity with relevant accessibility laws and standards (e.g., ADA, WCAG, and section 504). Look for qualities such as experience in post-secondary education, a proven track record of successful technical and organizational audits, and the ability to provide actionable recommendations that align with your institution’s unique needs. 

Additional Resources on Accessibility in Higher Education 

• Students with Disabilities in Higher Education: Facts and Statistics (BestColleges) 
• Auxiliary Aids and Services for Post-secondary Students with Disabilities | U.S. Department of Education 
• Higher Education Accessibility Online Resource Center | National Federation of the Blind (nfb.org) 
• Post-secondary Institutions and Students With Disabilities (the ADA National Network) 
• UDL On Campus: Legal Obligations for Accessibility 

A Guide for Your Accessibility Journey 

Whether you’re just getting started with accessibility or need assistance in testing your digital solution, we’re happy to share our accessibility testing experiences with you.